[HISTORY: Adopted by the Township Council of the Township of Monroe 5-7-90 by Ord. No. 0-5-90-019. Amendments noted where applicable.]
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.
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.
A. 
There is hereby established the position of Risk Management and Loss Prevention Consultant for the purpose of monitoring, processing and otherwise handling the Liability and Workers' Compensation claims filed against the Township. The Risk Management and Loss Prevention Consultant (the "Consultant") shall be appointed by the Mayor and shall serve and be compensated in accordance with a written contract with terms and conditions mutually agreed upon by the Township and the Consultant. In no event should any contract with the Consultant be for more than a three year period, although any given contract may be extended for additional periods not to exceed three years per extension.
B. 
The Consultant's responsibilities will include:
(1) 
Monitoring the influx and processing of Liability and Workers' Compensation claims.
(2) 
Selecting a servicing organization or servicing organizations on terms approved by the Commission and with the Commission's advice and consent, and providing liaison between said servicing organization(s) and the Commission. The servicing organization(s) may provide services to the Commission under supervision of the Consultant, as deemed necessary by the Commission, such as claims investigation and adjustment, safety engineering, statistical compilations and risk assessment reports, loss and expense reports, other necessary reports, claims administration, actuarial calculations, and other required functions.
(3) 
Monitoring the budget, funds, deposits and investments of the Commission.
(4) 
Making recommendations to the Commission as necessary to insure that the Commission and the funds properly and successfully fulfill their duties and purposes.
(5) 
Performing such other duties as shall be assigned from time to time by the Commission.
(6) 
Performing such other duties as required by the provisions of this chapter.
[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.
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.
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.