[HISTORY: Adopted by the Board of Supervisors
of the Township of Doylestown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-20-1994 by Ord. No. 241]
The Board of Supervisors of Doylestown Township
is hereby authorized to execute the Delaware Valley Workers' Compensation
Trust Agreement for the participation of Doylestown Township in the
Delaware Valley Workers' Compensation Trust, which agreement is attached
hereto as Exhibit A and is on file for inspection and review at the
Township Building located at 425 Wells Road, Doylestown, Pennsylvania.
This agreement may be amended after the enactment of this article
to conform to any requirements imposed by the Commonwealth of Pennsylvania
and any of its agencies, including the Department of Labor and Industry
Bureau of Workers' Compensation.
The participation of Doylestown Township in
the Delaware Valley Workers' Compensation Trust is authorized for
the purpose of enabling Doylestown Township to reduce the cost of
workers' compensation claims through the creation of a group self-insurance
fund.
Doylestown Township delegates to the Delaware
Valley Workers' Compensation Trust the authority to pay workers' compensation
benefits on its behalf in accordance with the Pennsylvania Workers'
Compensation Act and the Pennsylvania Occupational Disease Act.[1]
[1]
Editor's Note: See 77 P.S. § 1 et
seq. and 77 P.S. § 1201 et seq., respectively.
The Commonwealth of Pennsylvania Department
of Labor and Industry Bureau of Workers' Compensation has approved
the issuance of a permit to the Delaware Valley Workers' Compensation
Trust to operate as a group self-insurance fund subject to certain
conditions.
As an approved self-insurance fund, the Delaware
Valley Workers' Compensation Trust will be responsible for the payment
of workers compensation claims on behalf of all the Trust participants.
As set forth in the Delaware Valley Workers'
Compensation Trust Agreement, the following conditions, among others,
apply to the participation of Doylestown Township in the Delaware
Valley Workers' Compensation Trust:
A.
That the Trust shall consist of at least five homogeneous
municipal participants organized as local government agencies under
Pennsylvania law.
B.
That each participant satisfies all eligibility and
admission requirements for membership in the Trust.
C.
That each participant pledges and agrees to appropriate
funds to pay all its annual contributions and assessments which are
required for the creation of a fund maintained at a level sufficient
to pay all workers' compensation claims and related expenses incurred
by the Trust participants.
D.
That each participant agrees to jointly and severally
assume and discharge the workers' compensation liabilities of each
and every other participant in accordance with the Delaware Valley
Workers' Compensation Trust Agreement when required to do so by the
Pennsylvania Department of Labor and Industry Bureau of Workers' Compensation.
E.
That each participant will institute any and all loss
prevention measures or risk management procedures as may be required
for the purpose of minimizing or eliminating workplace risks to its
employees.
F.
That each participant cooperate fully with the Trust's
service and fiscal agents, attorneys, claims adjusters and any other
agents or employees of the Trust with respect to the investigation,
defense and settlement of the claims.
G.
That each participant designate a person to be responsible
for all contacts with the Trust.
H.
That each participant provide any information to the
Administrator or Board of Trustees as may be required to effect the
purposes and objectives of the Trust.
Doylestown Township agrees to participate in
the Trust for a minimum period of two years subject to the terms and
conditions of the Delaware Valley Workers' Compensation Trust Agreement.
After the expiration of that minimum two-year period, each participant
may withdraw under the following conditions, subject to the right
of arbitration as provided in the Delaware Valley Workers' Compensation
Trust Agreement:
A.
An opinion is rendered by the Trust-certified actuary
that withdrawal will not result in the number of participants falling
below the minimum required to assure the fiscal and actuarial soundness
of the Trust itself;
B.
The withdrawing participant is not then in default
of its obligation to pay premiums, contributions or assessments;
C.
The withdrawing participant shall pay the full amount
of a termination contribution or any additional assessments as determined
by the Board of Trustees in accordance with the Delaware Valley Workers'
Compensation Trust Agreement and Bylaws; and
D.
The Board of Trustees shall have received a certification
from the Trust actuary that the withdrawal of the participant will
not impair the actuarial soundness of the Trust, and if any municipal
debt has been incurred by the participants to finance any portion
of the Trust reserves, an opinion is obtained from bond counsel that
such withdrawal will not adversely affect the tax-exempt status of
any interest paid and any debt incurred by the participants or any
legal entity created for the purpose of incurring such debt. As used
herein, the term "debt" shall include any municipal bonds, certificates,
letters of credit or other instruments of municipal indebtedness.
Participation of Doylestown Township in the
Delaware Valley Workers' Compensation Trust will be effective upon
final approval of the Trust permit application by the Pennsylvania
Department of Labor and Industry Bureau of Workers' Compensation or
upon any other date determined by the Department.
All contributions and assessments paid by Doylestown
Township shall be made with funds appropriate by Doylestown Township
for that purpose.
The organizational structure of the Trust shall
consist of a Board of Trustees, an Administrator, claims administration/loss
control consultant(s) and various service agents appointed by the
Board of Trustees in accordance with the Delaware Valley Workers'
Compensation Trust Agreement and any bylaws adopted pursuant thereto.
As set forth in the Delaware Valley Workers'
Compensation Trust Agreement, the funds required for the creation
and operation of the Trust shall be provided by the participating
municipalities through annual appropriations.
The Delaware Valley Workers' Compensation Trust
is empowered to enter into contacts for policies of group insurance
and employee benefits, including social security, for any of its employees.
As a condition of participating in the Delaware
Valley Workers' Compensation Trust, Doylestown Township agrees to:
A.
Pay all annual contributions or assessments as may
be required by the Board of Trustees.
B.
Appoint a representative to sit on the Board of Trustees
and designate a contact person for the purpose of communicating with
the Trust or its representatives.
C.
Not withdraw from the Trust for a period of two years
following its admission to the Trust, subject to the terms and conditions
of the Delaware Valley Workers' Compensation Trust Agreement.
D.
Withdraw from the Trust only upon satisfaction of
the conditions set forth in the Delaware Valley Workers' Compensation
Trust Agreement.
E.
Perform all covenants contained in the Delaware Valley
Workers' Compensation Trust Agreement and delegate to the Board of
Trustees the powers and authorities enumerated in that Agreement.
F.
Comply with all the conditions set forth in the Delaware
Valley Workers' Compensation Trust Agreement governing the handling
and payment of claims, including the defense and settlement thereof.
G.
Appropriate the funds needed to pay all its contributions
and assessments as may be required by the Board of Trustees in accordance
with the Delaware Valley Workers' Compensation Trust Agreement.
H.
Cooperate with the Trust, its agents or employees
and provide the Trust with all information it needs for the operation
of the Trust, including any underwriting or claims data which may
be requested by the Board of Trustees or their designee.
This article is being enacted pursuant to the
Pennsylvania Intergovernmental Cooperation Act.[1]
[1]
Editor's Note: See 53 Pa.C.S.A. § 2301
et seq.
[Adopted 1-20-2015 by Ord. No. 375]
A.
The Chairman of the Board of Supervisors and Secretary of the Township
are hereby authorized to adopt the Restated Trust Agreement and any
other agreements necessary for the Township's participation in
the Trust. The Restated Trust Agreement is on file for inspection
and review at the Township's offices at 425 Wells Road, Doylestown,
Pennsylvania 18901. The Restated Trust Agreement may be subsequently
modified or amended in accordance with its terms, but in no event
shall such modifications or amendments divert any of the Trust funds
from the purposes of the Trust.
B.
The Township may withdraw from the Trust in accordance with the Restated
Trust Agreement, including if the Board of Supervisors determines
the modifications or amendments are not in the best interests of the
Township.
The participation of the Township in the Trust is authorized
for the purpose of pooling resources for the purpose of providing
unemployment compensation insurance for participating employers at
reasonable cost.
As set forth in greater detail in the Restated Trust Agreement
and as otherwise stated herein, the following conditions apply to
the participation of the Township in the Trust:
A.
That each participating employer must meet the admission and eligibility
requirements set forth therein;
B.
That each participating employer agrees to pay all contributions
when due as provided in the Restated Trust Agreement or as otherwise
established by the Board of Trustees; and
C.
That each participating employer complies with all other conditions
of the Restated Trust Agreement.
The Township agrees to participate in the Trust and may withdraw
for any reason and in accordance with the Restated Trust Agreement
provided that it has fulfilled all its financial obligations to the
Trust upon withdrawal.
The effective date of the Township's agreement to and joinder
in the Restated Trust Agreement and the participation of the Township
in the Trust pursuant to the terms of the Restated Trust Agreement
will be January 20, 2015.
A.
Each participating employer delegates to the Board of Trustees the
powers enumerated in the Restated Trust Agreement.
B.
The organizational structure of the Trust shall consist of a Board
of Trustees. Under the Restated Trust Agreement, the Board of Trustees
is authorized to, among other things, enter into contracts with third
parties to perform various services necessary for the administration
of the Trust.
The funds required for the operation of the Trust shall be provided
by the participating employers through scheduled appropriations as
determined by the Board of Trustees.
The Trust is empowered to enter into contracts for policies
of group insurance and employee benefits, including Social Security,
for employees of the Trust, if any.
As a condition of participating in the Trust, the Township agrees
to comply with all of the terms and conditions in the Restated Trust
Agreement.
A.
The Secretary of the Township shall provide a certified copy of this
article upon its enactment to the Board of Trustees of the Trust.
B.
The Board of Supervisors of the Township is hereby authorized to
take any and all such other actions as may be necessary or appropriate
to carry out the purposes of this article and comply with the requirements
of the attached Restated Trust Agreement and any duly adopted amendments
thereto.
C.
The duration of the term of the Township's participation in
the Trust and obligations under the Restated Trust Agreement shall
continue until withdrawal from the Trust by the Township in accordance
with the terms of the Restated Trust Agreement.
D.
The Board of Supervisors hereby specifically finds and determines
as follows:
(1)
The conditions of the intergovernmental cooperative agreement are
set forth in the Restated Trust Agreement incorporated by reference
herein.
(2)
The Township shall participate in the Trust in accordance with the
Restated Trust Agreement until it withdraws by giving notice to the
Board of Trustees in accordance with the terms of the Restated Trust
Agreement.
(3)
The purpose and objectives of the intergovernmental cooperative arrangement,
including powers and scope of authority delegated to the Board of
Trustees, are set forth in the incorporated Restated Trust Agreement.
(4)
The manner and extent of financing of the agreement are that funds
to implement the Township's obligations under the agreement shall
come from the normal and usual budgeted amounts for Township employee
compensation and employee benefits and no borrowing is anticipated
to be required.
(5)
The Trust shall be managed by the Board of Trustees pursuant to the
terms of the Restated Trust Agreement.
(6)
All assets and property, real or personal, of the Trust shall be
titled to, acquired, managed, licensed or disposed of by the Trust,
and its Board of Trustees, in accordance with the terms of the Restated
Trust Agreement.
(7)
The Trust in accordance with the Restated Trust Agreement shall be
empowered to enter into contracts for policies of group insurance
and employee welfare benefits to be offered to participating employers
for their eligible employee and dependents.
The provisions of this article are severable and in the event
that any provision is held invalid, void, illegal, or unconstitutional
by any court, it is the intent of the governing body that such determination
by the Court shall not affect or render void the remaining provisions
of this article. It is the declared intent of the governing body that
this article would have been enacted if any provision subsequently
declared to be void, invalid, illegal or unconstitutional had not
been included at the time of enactment.
Nothing in this article shall be interpreted to affect any rights
or liabilities of the Township, or to affect any cause of action,
existing prior to the enactment of this article.
This article shall become effective immediately upon its enactment.
This article is being enacted pursuant to the provisions of
the Pennsylvania Intergovernmental Cooperation Law, Act of July 12,
1972, No. 180, as amended, 53 Pa.C.S. §§ 2301, et seq.
