[Adopted 3-9-1993 as Ord.
No. 493]
The City Council of the City of Pottsville is hereby authorized to execute
the Penn PRIME Workers Compensation Trust Agreement (or "Member Participation
Agreement"), which agreement provides for the participation of the City of
Pottsville, in cooperation with other Pennsylvania municipalities and local
public agencies, in the Penn PRIME Workers Compensation Trust. The trust agreement,
which incorporates the organizational structure necessary to implement the
program, is on file for inspection and review at the offices of the Pennsylvania
League of Cities and Municipalities, 414 North Second Street, Harrisburg,
Pennsylvania 17101. The agreement may be amended after the enactment of this
Article to conform to any requirements imposed by the Commonwealth of Pennsylvania,
Department of Labor and Industry, Bureau of Workers Compensation and such
other manner as the trust agreement may permit.
The participation of the City of Pottsville in the Penn PRIME Workers
Compensation Trust is authorized for the purposes of enabling the City of
Pottsville to ultimately reduce and stabilize the cost of its workers' compensation
obligations through the creation of a joint fund to be used for the payment
of workers' compensation claims on behalf of all participants in the Penn
PRIME Workers Compensation Trust.
As set forth in the Penn PRIME Workers Compensation Trust Agreement,
the following conditions, among others, apply to the participation of the
City of Pottsville in the Penn PRIME Workers Compensation Trust:
A.
That each participating municipality meets the admission
and eligibility requirements set forth therein.
B.
That each participating municipality agrees to pay all
of its annual contributions and any assessments which are required for the
creation and maintenance of the General Operating and Restricted Surplus Funds
created pursuant to the Penn PRIME Workers Compensation Trust and pledges
its full taxing authority for the payment of those obligations.
C.
That each participating municipality complies with the
terms of the trust agreement as respects contributions, required loss prevention
methods, cooperation with the trust service and fiscal agents, attorneys,
claims adjustors, etc., and that each participating municipality complies
with all applicable statutes and regulations governing the payment of workers'
compensation claims, including but not limited to the Pennsylvania Workers
Compensation Act.[1]
[1]
Editor's Note: See 77 P.S. § 1 et seq.
The participation of the City of Pottsville in the Penn PRIME Workers
Compensation Trust will not be effective unless and until it is granted a
self-insurance exemption for the payment of workers' compensation claims by
the Pennsylvania Department of Labor and Industry pursuant to 77 P.S. § 501
and any regulations promulgated thereunder.
The City of Pottsville agrees to participate in the trust for a minimum
period of two years, with annual renewals thereafter, subject to the condition
that it continue to retain a self-insurance exemption for the payment of workers'
compensation claims from the Pennsylvania Department of Labor and Industry.
Each participating municipality delegates to the Board of Trustees of
the Penn PRIME Workers Compensation Trust the powers enumerated in the trust
agreement, including the right to expel participants under certain conditions.
As a condition of participating in the Penn PRIME Workers Compensation
Trust, the City of Pottsville agrees to:
A.
Pay all annual contributions or assessments as may be
required by the Board of Trustees.
B.
Designate a contact person for the purpose of communicating
with the trust or its representatives.
C.
Perform all covenants contained in the Penn PRIME Workers
Compensation Trust Agreement and delegate to the Board of Trustees the powers
and authority enumerated in that agreement.
