Township of Lower Merion, PA Article IX Pennsylvania Municipal Health Insurance Cooperative

[Adopted 9-21-2016 by Ord. No. 4091]

§ 10-64 Caption and preamble.

The caption and preamble of this article set forth above are incorporated herein by reference.[1]

[1] Editor's Note: The full text of Ord. No. 4091, which ordinance provided for the authorization of this agreement, including the caption and preamble, is on file in the Township offices.

§ 10-65 Approval to enter into agreement.

The Board of Commissioners hereby authorizes the Township to apply to the PMHIC Board of Directors for membership in the cooperative and, upon acceptance, approves entering into the agreement, a copy of which is attached hereto and incorporated herein by reference (and which shall be filed with the minutes of the meeting at which this article was enacted),[1] with the intent and effect that the Township of Lower Merion shall be bound by the agreement.

[1] Editor's Note: A copy of the agreement is on file in the Township offices.

§ 10-66 Authorization to execute agreement.

The President of the Board of Commissioners, acting together with the Township Secretary, is hereby authorized and directed on behalf of the Township of Lower Merion i) to execute and deliver the agreement, and ii) to execute and deliver such additional instruments, and to take such further actions, as may be necessary or appropriate to carry forth the agreement and the transactions to be effected under the agreement, including payment to the PMHIC of such amounts as are due by the political subdivision pursuant to the agreement.

§ 10-67 Findings.

As required by the Pennsylvania Intergovernmental Cooperation Act,[1] the following matters are specifically found and determined:

A. The conditions of the agreement are set forth in the agreement.

B. The Township of Lower Merion shall participate in the PMHIC for an initial term of three years from the date the agreement is executed by the Township. Thereafter, termination of the agreement shall be as further set forth therein.

C. The purpose and objectives of the agreement are as set forth in the preamble of this article and in the agreement.[2]

[2] Editor's Note: The preamble and the agreement are on file in the Township offices.

D. The manner and extent of financing the agreement are that i) no borrowing will be required by the Township, ii) funds to implement the Township's obligations under the agreement shall come from normal and usual budgeted amounts for such matters, and iii) other provisions governing the manner and extent of the financing of the PMHIC shall be as set forth in the agreement;

E. The PMHIC shall be managed by its Board of Directors pursuant to the terms of the agreement.

F. All property, real or personal, of the PMHIC shall be acquired, managed, licensed or disposed of by the PMHIC in accordance with the terms of the agreement.

G. The PMHIC created by the agreement shall be empowered to enter into contracts for policies of group insurance and employee benefits pursuant to the terms of the agreement.

[1] Editor's Note: See 53 Pa.C.S.A. § 2301 et seq.

§ 10-68 Severability.

The provisions of this article are severable, and if any section, sentence, clause or part or provision hereof shall be held to be illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect the remaining sections, clauses, parts or provisions of this article. It is hereby declared to be the intent of the Township that such article would have been enacted if such illegal, invalid or unconstitutional section, sentence, clause, part or provision had not been included herein.

§ 10-69 Construal of provisions.

Nothing contained in this article shall be construed to affect any suit or proceeding in any court, or any rights acquired or liability incurred, or any cause of action existing prior to the enactment of this article.