[Ord. 2004-O-27, 12/15/2004, § I]
1.
The Chairman and Secretary of the Board of Supervisors of the Township
of Newtown are hereby authorized to execute the Trust Agreement and
any other agreements necessary for its participation in the Delaware
Valley Health Insurance Trust. The Delaware Valley Health Insurance
Trust Agreement is on file in the office of the Township Manager and
available for inspection and copying by the public during regular
business hours and incorporated herein by reference.
2.
The Trust Agreement may be subsequently modified or amended but in
no event shall such amendments or modifications materially adversely
affect the right of the Township of Newtown to participate in the
Delaware Valley Health Insurance Trust.
[Ord. 2004-O-27, 12/15/2004, § I]
The participation of the Township of Newtown in the Delaware
Valley Health Insurance Trust is authorized for the purpose of obtaining
high quality health benefits at the most reasonable cost to the Township
of Newtown and its employees.
[Ord. 2004-O-27, 12/15/2004, § I]
1.
As set forth in the trust Agreement and as otherwise stated herein,
the following conditions apply to the participation of the Township
of Newtown in the Delaware Valley Health Insurance Trust:
A.
That Newtown Township must meet the admission and eligibility requirements
set forth therein.
B.
That Newtown Township agrees to pay all contributions when due as
provided in the Trust Agreement and any bylaws thereafter adopted
by the trust.
C.
That Newtown Township uses its best efforts to provide appropriations
for the payment of any contributions required to achieve the purposes
and objectives of the trust.
D.
That Newtown Township cooperate fully in achieving the purposes and
objectives of the trust.
E.
That Newtown Township comply with all other conditions of the trust
agreement.
[Ord. 2004-O-27, 12/15/2004, § I]
The Township of Newtown agrees to participate in the Delaware
Valley Health Insurance Trust for a minimum of two years and thereafter
may withdraw for any reason whatsoever provided that it has fulfilled
all its financial obligations to the trust upon withdrawal.
[Ord. 2004-O-27, 12/15/2004, § I]
Newtown township delegates to the Board of Trustees of the Delaware
Valley Health Insurance Trust the powers enumerated in the Trust Agreement.
[Ord. 2004-O-27, 12/15/2004, § I]
All contributions paid by the Township of Newtown shall be made
with funds appropriated by the Township of Newtown for that purpose.
[Ord. 2004-O-27, 12/15/2004, § I]
The organizational structure of the Trust shall consist of a
Board of Trustees and Executive Committee selected by the Board of
Trustees in accordance with the Trust Agreement.
[Ord. 2004-O-27, 12/15/2004, § I]
The funds required for the operation of the Trust shall be provided
by Newtown Township and the other participating municipalities through
annual appropriations.
[Ord. 2004-O-27, 12/15/2004, § I]
The Delaware Valley Health Insurance Trust is empowered to enter
into contracts for policies of group insurance and employee benefits,
including Social Security for any of its employees.
[Ord. 2004-O-27, 12/15/2004, § I]
As a condition of participating in the Delaware Valley Health
Insurance Trust, the Township of Newtown agrees to comply with all
the terms and conditions in the Trust Agreement.
[Ord. 2004-O-27, 12/15/2004, § I]
This Part is being enacted pursuant to the provisions of intergovernmental
cooperation law, Act of July 12, 1972, No. 180, as amended, 53 Pa.C.S.A.
§ 2301 et seq.
[Ord. 2004-O-28, 12/15/2004, § I]
The Board of Supervisors of the Township of Newtown is hereby
authorized to execute the Trust Agreement and any other agreements
necessary for its participation in the Delaware Valley Insurance Trust.
The Delaware Valley Insurance Trust agreement is on file for inspection
and review at the office of the Township Manager, 100 Municipal Drive,
Newtown, Pennsylvania 18940-2026. This Trust Agreement may be subsequently
modified or amended but in no event shall such amendments or modifications
materially adversely affect the right of the Township of Newtown to
participate in the Delaware Valley Insurance Trust.
[Ord. 2004-O-28, 12/15/2004, § I]
1.
The participation of the Township of Newtown in the Delaware Valley
Insurance Trust is authorized for the following purposes:
A.
To provide adequate and affordable insurance coverage to Newtown
Township at the lowest possible cost by pooling or sharing of certain
liability risks with other municipalities.
B.
To reduce the amount and frequency of losses incurred by Newtown
Township and other municipalities which are covered under the Trust
Coverage Document, which is on file for inspection and review at the
office of the Township Manager.
C.
To minimize costs incurred by Newtown Township in the handling and
litigation of claims.
D.
To protect Newtown Township from the volatility and high premiums
of the commercial insurance market.
[Ord. 2004-O-28, 12/15/2004, § I]
1.
As set forth in the Trust Agreement and as otherwise stated herein,
the following conditions apply to the participation of the Township
of Newtown in the Delaware Valley Insurance Trust:
A.
That Newtown Township must meet the admission and eligibility requirements
set forth therein.
B.
That Newtown Township agrees to pay all annual premiums, contributions
and assessments when due as provided in the Trust Agreement and By-Laws.
C.
That Newtown Township uses its best efforts to provide appropriations
for the payment of any contributions, premiums and assessments required
by the trust.
D.
That Newtown Township institute any and all safety regulations, loss
prevention measures or risk management procedures as may be required
for the purpose of minimizing or eliminating hazards or risk that
could contribute to losses.
E.
That Newtown Township cooperate fully with the trust's service and
fiscal agents, attorneys, claims adjusters and any agents or employees
of the trust with respect to the investigation, defense and settlement
of claims.
F.
That Newtown Township designate a contact person to be responsible
for all contacts with the Trust.
G.
That Newtown Township provide any information to the administrator
or Board of Trustees as may be required to affect the purposes and
objectives of the Trust.
[Ord. 2004-O-28, 12/15/2004, § I]
1.
That the Township of Newtown agrees to participate in the Delaware
Valley Insurance Trust for a minimum of two years and thereafter may
withdraw under the following conditions, subject to the right of arbitration,
under the 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.
That Newtown Township is not then in default of its obligation to
pay premiums, contributions or assessments.
C.
That Newtown Township shall pay the full amount of a termination
premium, as determined by the Board of Trustees in accordance with
the Trust Agreement and By-Laws.
D.
That the Board of Trustees shall have received a certification from
the Trust actuary that the withdrawal of Newtown Township will not
reduce 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 other participating
municipalities or any legal entity created for the purpose of incurring
such debt.
[Ord. 2004-O-28, 12/15/2004, § I]
Newtown township delegates to the Board of Trustees of the Delaware
Valley Insurance Trust the powers enumerated in the Trust Agreement,
including the right to expel participants under certain conditions.
[Ord. 2004-O-28, 12/15/2004, § I]
1.
As set forth in the Trust Coverage Document, the Township of Newtown
shall be provided coverage for the following risks:
[Ord. 2004-O-28, 12/15/2004, § I]
All contributions, premiums and assessments paid by the Township
of Newtown shall be made with funds appropriated by the Township of
Newtown for that purpose. If permitted under State and Federal law,
the Township of Newtown may incur debt for the purpose of financing
any excess insurance coverage, as set forth in the Trust Agreement.
[Ord. 2004-O-28, 12/15/2004, § I]
The organizational structure of the Trust shall consist of a
Board of Trustees, an administrator, a claims administrator/loss control
consultant and various service agents appointed by the Board of directors
in accordance with the Trust Agreement.
[Ord. 2004-O-28, 12/15/2004, § I]
As set forth in the Trust Agreement, the funds required for
the operation of the Trust shall be provided by the participating
municipalities through annual appropriations.
[Ord. 2004-O-28, 12/15/2004, § I]
The Delaware Valley Insurance Trust commenced operations on
January 1, 1989, and will continue until terminated by 2/3 vote of
all participating municipalities.
[Ord. 2004-O-28, 12/15/2004, § I]
Coverage under the Trust shall be provided from January 1 through
December 31 of each trust year to Newtown Township and all participating
municipalities in accordance with the Trust Agreement.
[Ord. 2004-O-28, 12/15/2004, § I]
1.
As a condition of participating in the Delaware Valley Insurance
Trust, the Township of Newtown agrees to comply with the following
conditions:
A.
That it will make its initial contribution upon admission to the
Trust for creation of the restricted surplus fund needed to protect
participating municipalities against potentially catastrophic losses.
B.
That it will timely pay all annual premiums and assessments as may
be required by the Board of Trustees.
C.
That it will 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.
D.
That it will not withdraw from the Trust for a period of two years
following its admission to the Trust.
E.
That it may withdraw from the Trust only upon satisfaction of the
conditions set forth in the Trust Agreement.
F.
That it agrees to perform all covenants contained in the Trust Agreement
and delegate to the Board of Trustees the powers and authorities enumerated
in/of the Trust Agreement.
G.
That it will comply with all the conditions set forth in the Trust
Coverage document governing the handling of claims, including the
defense and settlement thereof.
H.
That it will appropriate the funds needed to pay all contributions,
premiums and assessments as may be required by the Board of Trustees
in accordance with the Trust Agreement.
I.
That it will 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 it may
be requested by the Board of Trustees or their designee.
[Ord. 2004-O-28, 12/15/2004, § I]
The Delaware Valley Insurance Trust is empowered to enter into
contracts for policies of group insurance employee benefits, including
Social Security, for its employees.
[Ord. 2004-O-28, 12/15/2004, § I]
This part is being enacted pursuant to § 1512.(c)
of the Pennsylvania Second Class Township Code.
