[Adopted 12-11-1980 by L.L. No. 5-1980; amended in its entirety 5-13-2013 by L.L. No. 6-2013]
This purpose of this article is to amend Local Law No. 5-1980,
which established the Dutchess County Self-Insured Workers' Compensation
Plan, and to provide for the administration thereof pursuant to Article
5 of the Workers' Compensation Law, §§ 207-a and 207-c
of the General Municipal Law, Volunteer Firefighters' Benefit Law,
and Volunteer Ambulance Workers' Benefit Law.
A plan for self-insurance provided for in Article 5 of the Workers'
Compensation Law of the State of New York is hereby established and
shall be known as the "Dutchess County Self-Insured Workers' Compensation
Plan" (hereinafter referred to as the "Plan").
A.
The Self-Insured Plan hereby established shall be administered by
Dutchess County's Director of Risk Management (hereinafter referred
to as the "Plan Manager").
B.
In addition to those rules and regulations set forth herein, the
Plan Manager shall have the authority to promulgate further regulations
to ensure the fair and equitable administration of the Plan.
C.
The Plan Manager, on behalf of the Plan, may solicit contracts for
professional, consultant, and management services as deemed necessary
and within its appropriation. Acquisition of all contracts and services
by the Plan Manager shall be done pursuant to the procurement requirements
of the General Municipal Law and/or procurement policies of the County
of Dutchess.[1]
A.
Cities, towns, villages, and public corporations within Dutchess
County shall be eligible to apply for participation in the Plan. Entry
into the Plan is within the discretion of the County of Dutchess,
upon the approval of the Plan Manager. Each entity applying for admission
to the Plan shall submit the following to the Plan Manager: a certified
copy of a resolution of its governing body electing to become a participant,
a five-year claims history, a list of current employees with job titles
and salaries, the locations of its facilities, and any other information
deemed by the Plan Manager to be necessary to ascertain the participant's
suitability for the Plan.
B.
Any participant may withdraw annually from the Plan by filing with
the Plan Manager a certified copy of a resolution of its governing
body evincing its intent to withdraw 60 days in advance of its anniversary
date, upon the condition that it agrees to pay its proportionate share
of the estimated liabilities of the Plan at the time of withdrawal.
Payment of such liabilities shall be made pursuant to the provisions
of the Workers' Compensation Law.
C.
Each participant in the Plan shall cooperate fully with the Plan
Manager in the administration of the Plan and shall render such reports
as may be requested annually, within 30 days of the close of each
calendar year and at such other times as the Plan Manager may require,
and shall promptly furnish all pertinent information relative to any
claim and aid in the investigation of any claim involving such participant.
D.
If any participant violates any of the provisions of the foregoing Subsection C or the requirements of the Workers' Compensation Law, the Plan Manager may charge the participant a lump sum penalty not to exceed the sum of $1,000. Alternatively, the Plan Manager may expel such participant from the Plan and determine the amount of the share of such participant in outstanding claims, if any, for which the participant shall be responsible.
E.
The share of each participant in the Plan shall be assessed as provided
in §§ 67 and 71 of the Workers' Compensation Law (by
using an "experience rating basis" derived from past liability of
participants), and the share of each city, village, town, or public
corporation in the Plan shall be paid in accordance with § 67
of the Workers' Compensation Law.
The Plan Manager shall acquire and keep in force during the
life of the Plan an excess workers' compensation and employers' liability
insurance policy, the cost thereof to be paid from the funds of the
Plan.
A.
The Dutchess County Commissioner of Finance, pursuant to the provision
of § 64 of the Workers' Compensation Law, shall be the custodian
of the moneys of the Plan and shall disburse the same in conformity
with the direction of § 64(2) of the Workers' Compensation
Law.
B.
As an alternative to the foregoing Subsection A, in the event the Plan Manager determines that it is necessary to contract with a third-party claims administrator to assist with the administration of the Plan, the Plan Manager, with the concurrence of the Commissioner of Finance, may also determine that the third-party administrator may hold an escrow account to make payments to providers and claimants on behalf of the Plan. However, the County of Dutchess hereby establishes a system of internal controls to monitor any payments made through a third-party claims administrator. Specifically, the Plan Manager will maintain and file all copies of case file documentation provided by the third-party administrator. The Plan Manager will review this documentation to ensure that all claims are for eligible work-related injuries or illnesses, and that required forms were filed with the Workers' Compensation Board in a timely manner. The Plan Manager will ensure that claimants are legitimate employees of a Plan participant. The County of Dutchess will audit and reconcile claims paid by the third-party administrator with the list of claims payments submitted by the third-party administrator to the Plan Manager.
A.
Each participant shall maintain a record of all injuries received
by employees in the course of their employment. The Supervisor's Report
of On The Job Injury/Incident shall be filed with the Plan Manager
and third-party administrator within 24 hours of the injury or incident.
The following reports, or their equivalent, as well as any other reports
required to be filed with the Workers' Compensation Board pursuant
to the Workers' Compensation Law, shall be filed promptly with the
Plan Manager:
B.
Additionally, such other reports and forms as required by the Workers'
Compensation Law, rules and regulations promulgated under such statute
or such other information as may be requested by the Plan Manager
shall be filed promptly with the Plan Manager.
A.
The Plan hereby establishes a Safety Committee which shall be responsible
for educating the participants on proper health and safety procedures.
The Safety Committee shall be established pursuant to the Workers'
Compensation Law. The Dutchess County Director of Risk Management
and the Dutchess County Safety Coordinator shall be permanent members
of the Safety Committee. The participants shall receive and enforce
the safety program designed for the responsible and reasonable protection
of lives, health, and safety of its employees.
B.
The participants shall abide by the recommendations of the Safety
Committee and shall take such steps as may be deemed by the Safety
Committee as reasonable to protect the lives, health, and safety of
the participant's employees. The Plan Manager shall report to the
Safety Committee the failure of a participant to abide by the safety
recommendations of the Safety Committee. Notwithstanding any other
provision to the contrary, nothing herein shall be construed to prohibit
any participant from developing or implementing any safety program
or procedure, provided said program or procedure has been approved
by the Plan Manager.
The Dutchess County Attorney, pursuant to § 64(3)
of the Workers' Compensation Law, is hereby designated as the attorney
for the Self-Insured Plan. The Dutchess County Attorney may engage
special counsel in accordance with § 64(3) of the Workers'
Compensation Law, subject to the approval of the Dutchess County Legislature.
A.
When a participant is required to provide proof of workers' compensation
coverage in order to receive a permit, license, or when entering into
a contract, the participant shall request that the Plan Manager complete
a "Certificate of Participation in Workers' Compensation County Self-Insurance
Plan" or its equivalent. The Plan Manager shall mail the certificate
to the certificate holder, with copies to the participant and the
Workers' Compensation Board. If the participant withdraws from Plan,
the Plan Manager shall notify the certificate holder within 10 days
of termination. The Plan Manager shall issue a Workers' Compensation
Board Notice of Compliance or its equivalent to each participant on
an annual basis.
B.
All settlements of participant's workers' compensation claims shall
be approved by the Plan Manager after consultation with the participant.
C.
Upon request of the participants, but no more than quarterly, the
Plan Manager shall issue detailed workers' compensation claim and
safety reports to participants.
