The following terms wherever used herein or referred to in this
chapter shall have the respective meanings assigned to them unless
a different meaning clearly appears from the context.
A. TOWNSHIP — The Township of Monroe.
B. GOVERNING BODY — The Council of the Township of Monroe.
C. MAYOR — The Mayor of the Township of Monroe.
D. FUNDS — The Monroe Liability and Property Damage Fund and The
Monroe Workers' Compensation Fund. The "Fund" shall mean one
of the funds, as the context shall require.
E. COMMISSION — The Insurance Fund Commission established by this chapter pursuant to §
57-5, below.
F. COMMISSIONERS — The three individuals appointed to the Commission
by the Mayor.
G. SECRETARY — The Secretary of the Commission.
H. CONSULTANT — The position and the individual occupying the position of Risk Management and Loss Prevention Consultant established pursuant to §
57-7 of this chapter, below.
I. SERVICING ORGANIZATION(S) — The individual(s) or entity(ies) selected by the Consultant pursuant to §
57-7B(2) of this chapter below.
There are hereby established two insurance funds. The first
fund is established in accordance with the provisions of N.J.S.A.
40A:10-6, et seq. and shall be known as "The Monroe Liability and
Property Damage Insurance Fund" (the "Liability Fund"). The second
fund is established in accordance with N.J.S.A. 40A:10-12 and 13 and
shall be known as "The Monroe Workers' Compensation Insurance
Fund" (the "Workers' Comp Fund"). Each fund is established for
the specific reasons and purposes set forth in their respective enabling
statutes. Each fund may be comprised of one or more accounts designated
by year, category of risk and/or such other designation as shall provide
sufficient flexibility to meet the purposes and intent of this chapter.
The governing body may designate the maximum or minimum amount
of the liability fund and, from time to time, provide for the disposition
of any excess over and above the maximum amount fixed, or of the interest
or profits arising therefrom when the liability fund shall have reached
the maximum limit.
The governing body may annually appropriate to the Workers'
Comp Fund such money as it may determine to be necessary for meeting
the purpose of said fund.
There is hereby established an Insurance Fund Commission consisting
of three Commissioners.
A. Appointment. The Commissioners shall be officials of the Township
who may be members of the governing body, shall be appointed by the
Mayor and shall serve without compensation. The Commissioners shall
hold office for two years or for the remainder of their term of office
as officials, whichever may be less, and until their successors have
been duly appointed and qualified. Vacancies in the offices of the
Insurance Fund Commission caused by any reason other than the expiration
of a term as an official shall be filled for the unexpired term of
the respective Commissioner.
B. Organization. The Commissioners shall, forthwith after their appointment,
organize for the ensuing year by election from their membership of
a Chairman, who shall serve for the year.
C. Commission Secretary. There is hereby established the position of
Secretary to the Insurance Fund Commission who shall be appointed
by the Commission with the advice and consent of the Mayor and who
shall serve at the pleasure of the Commission. The Secretary shall
have the obligation to take and maintain accurate minutes of Commission
meetings and to maintain accurate records of each and every claim
filed against the Township, including both general liability claims
and workers' compensation claims. The annual salary of the Secretary
(in the event that the Mayor deems such a salary to be required) shall
be set by a resolution authorized by the governing body. The vacancy
in the position of Secretary shall be filled in the manner of the
original appointment.
The Commissioner shall have the following powers and authority:
A. Employ necessary clerical assistants, whose compensation shall be
fixed and paid by the governing body in the same manner as that of
other employees of the Township.
B. Invest the money deposited in each fund and all additions and accretions
thereto in such securities or other investments as they shall deem
best suited for the purposes of this chapter.
C. Adopt rules and regulations for the control and investment of the
money deposited in each fund.
D. Keep on hand at all times sufficient money, or have the same invested
in such securities or other investments as can be immediately sold
for cash, for the payment of losses to any buildings or property of
the Township, or liability resulting from the operation of publicly
owned motor vehicles, equipment, apparatus, or arising from other
liability claims and/or for Workers' Compensation claims, all
as applicable.
E. Fix reasonable rates of premium and deposits for the funds for all
insurance carried by the Township and/or provided by the funds. The
Commission shall effect all insurance provided by the funds and/or
by any insurance company or companies authorized to do business in
this State.
F. Deposits for insurance carried by the Township through the funds
shall be paid to the Commission by the Township for deposit and investment.
Premiums for insurance placed with carriers shall be forwarded by
or on behalf of the Township to the applicable carrier or agent.
G. All insurance upon property owned or controlled by the Township or
any of its departments, boards, agencies or commissions shall be placed
and effected by the Commission on behalf of the Township.
H. If provided by the rules and regulations of the Commission, the Secretary
shall be entrusted with the daily operation of the funds and shall
submit a report to the Commissioners at least once a month.
I. Adopt rules and regulations for the utilization of claim forms to
be completed and submitted by all claimants pursuant to N.J.S.A. 59:8-6
and such other rules and regulations as shall be necessary or desirable
for the operation of the Commission.
J. The Commissioners, with the consent of a majority of the governing
body, shall have the power and authority to engage the appropriate
professionals as deemed necessary in their opinion to assist them
in executing their responsibilities and to provide compensation therefor
as provided by law.
[Amended 2-3-97 by Ord. No. 0-2-97-002]
A. All claims, of whatever amount, shall be reviewed by a competent
claims adjuster or adjusters as designated by the Consultant with
the Commission's advice and consent. The claims adjuster or adjusters
shall be compensated by the Consultant.
B. The claims adjuster or adjusters shall report their findings and
recommendations to the Consultant who shall prepare individual vouchers
on the form presented by the Township on all claims, of whatever amount,
together with the monthly bill list for submission to the Commission
for approval.
C. The Commissioners shall have the right to settle all claims with
a limit not to exceed $35,000. In determining claims amounts when
dealing with weekly temporary disability benefits and/or medical payments
in Worker's Compensation claims, each said claim is to be construed
as a separate claim in determining whether or not the same equals
or exceeds the thirty-five thousand dollar ($35,000) limit.
D. All claims valued in excess of $35,000 shall be submitted to the
governing body for approval.
E. Payments on all claims shall be made on the basis of vouchers by
checks signed by the appropriate signatory of the Township and countersigned
by the designee of the Commission.
All ordinances or parts thereof inconsistent with this chapter
are hereby repealed.
If any section, subsection, paragraph, clause, phrase or portion
of this chapter shall be adjudged invalid for any reason whatsoever,
such portion shall be deemed a separate, distinct and independent
provision, and such holding shall not affect the validity of the remaining
portions hereof which shall remain in full force and effect.
This chapter shall take effect immediately upon passage and
publication as required by law.
Any full-time employee of the Township as defined in Chapter
3, Section 111, Subsection B of this Code may notify the Township Business Administrator that the employee does not wish to participate in, nor be covered by the major medical, dental and vision plans the Township provides for its eligible employees. Any such request to opt out of said coverage must be made in writing to the Business Administrator and shall become effective upon the later date of 30 days after receipt by the Business Administrator or on the first day of the next succeeding month. An employee opting out of coverage shall be paid a sum not to exceed 50% of the monies the Township would have otherwise expended during the same calendar year in premiums for that employee's insurance coverage or such other amount permitted by N.J.S.A. 40A:10-17.1 or other applicable law. Said payments shall be pro-rated according to the effective date of an employee's opt-out election. All payments under this section shall be made on or about December 1, 1998, and each December 1st thereafter, except when December 1st is not a normal business day for the Township.
Pursuant to N.J.S.A. 40A:10-17.1 establishing conditions for
resumption of coverage, an employee who has opted out of coverage,
thereby entitling the employee to the sum specified in this section,
shall be permitted to resume coverage under the same terms and conditions
as apply to initial coverage if the employee ceases to be covered
through the employee's spouse's health insurance plan for
any reason. Otherwise, an employee may resume coverage effective January
1st of any year (the "reinstatement date") by notifying the Business
Administrator in writing by November 30th of the year preceding the
reinstatement date.
An employee notifying the Business Administrator in writing
that the employee elects to opt out of coverage shall be considered
to have withdrawn from coverage until such time as the employee requests
reinstatement pursuant to the preceding paragraph. For each calendar
year that an employee opts out of coverage, the employee shall receive
a full year's payment as described in this section.