Sullivan County, NY
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors (now County Legislature) of the County of Sullivan as indicated in article histories. Amendments noted where applicable.]
Insurance fund for settlement of claims — See Ch. 47.
Fire insurance claims — See Ch. 146, Art. I.
[Adopted 3-10-1967 by L.L. No. 1-1967; amended in its entirety 6-14-2018 by L.L. No. 2-2018]
The plan of self-insurance provided for in Article 5 of the Workers' Compensation Law is hereby continued and shall be known by the name "Sullivan County Self-Insurance Plan."
The plan of self-insurance heretofore established shall be continued and shall be administered by the Management and Budget Committee of the County Legislature or such other committee as the County Legislature shall designate by resolution.
The County of Sullivan shall be a participant in the self-insurance plan. Towns located within the geographical boundaries of Sullivan County may elect to become a participant in the self-insurance plan, and the self-insurance plan shall be liable for payments with respect to all villages and districts as provided in § 63 of the Workers' Compensation Law. A village, fire districts and ambulance districts may elect to participate in the self-insurance plan where the town or towns in which such village, fire district or ambulance district is located are not participants in the self-insurance plan. Fire districts and ambulance districts extending into an adjoining county may elect to become a participant in the self-insurance plan without regard to the location of its firehouse or ambulance facility. Coverage under this article is hereby extended to voluntary ambulance companies upon the same terms and conditions as such coverage applies to volunteer firefighters.
Each town and village participating in the existing self-insurance plan shall continue as a member thereof.
Any town or village desiring to become a participant shall be admitted as of January 1 following the date of application for participation; provided, however, that a certified copy of a resolution of its governing body electing to become a participant shall be filed with the Clerk of the County Legislature on or before the first day of July in any year.
Any fire district or ambulance district desiring to become a participant in the self-insurance plan shall, by resolution, signify its election to participate in the self-insurance plan by filing a certified copy of such resolution with the Clerk of the County Legislature, which said resolution shall provide for an annual apportionment of costs and payment of the fire district's share as a participating member. A special apportionment of costs shall be made for fire or ambulance districts partly in the County and in an adjoining county.
A participant may withdraw from the plan effective. at the end of a fiscal year by filing with the Clerk of the County Legislature on or before the preceding first day of July a certified copy of the resolution of its governing body electing to withdraw from the plan, upon the condition that such participant shall pay, in a lump sum or in installments, as the County Legislature may determine, its proportionate share of the outstanding liabilities of the plan as of the date of withdrawal. The assessment percentage for such participant shown in the last annual estimate and apportionment of costs shall be applied to the amount of the plan's outstanding liabilities at the date of withdrawal to produce the amount payable by the participant.
All participants in the plan shall cooperate fully with the committee in administration of the plan, shall annually within 30 days of the close of each calendar year, and at such other times as the committee may require, render such reports as may be requested, and shall promptly furnish all pertinent information relative to any claim, and aid in the investigation of any claim.
Before undertaking any of the duties of his employment, every new employee or any new participant in the plan may be required to take a physical examination by a doctor designated by the committee administering the plan. The committee administering the plan may adopt, by separate resolution, at any time, such requirements for physical examinations as it shall deem necessary in the best interests of the administration of the Sullivan County Self-Insurance Plan.
The County Legislature may, by resolution, expel a participant for failure to observe the rules and regulations adopted, or for any violation of the provisions of the Workers' Compensation Law; provided, however, that a participant shall be notified, in writing, at least 30 days prior to the effective date of the expulsion; and further provided that expulsion shall not relieve a participant from paying its share of the outstanding liabilities of the plan at the date of expulsion.
Notwithstanding any other provision of law, the plan shall be operated on an accrued-liability basis whereby the amounts charged to participants shall be based on the estimated total liability of participants actuarially computed, arising each year. The County Manager shall include within the estimated total liability the several amounts necessary to meet the payments with respect to liability of participants required to be made by the County pursuant to § 63 of the Workers' Compensation Law, to pay the administrative expenses of the plan, to repay the amounts advanced by the plan, and to provide for contributions to the reserve, if any. The apportionment of costs shall be as follows:
Following the preparation of the annual estimate of projected amounts necessary for the ensuing calendar year, pursuant to Workers' Compensation Law § 71, the share of the amounts chargeable to each participant shall be adopted from the rules, procedures, classifications and loss costs promulgated by the New York Compensation Insurance Rating Board and approved by the New York State Department of Financial Services to govern the underwriting of workers' compensation and employers' liability insurance, voluntary compensation insurance and employers' liability insurance in the State of New York, in effect on the 30th day of June.
The Management and Budget Committee may retain such experts as may be necessary to determine the actuarial liability of each such participant, and the same shall be an administrative cost of the plan.
Each participant's share shall be collected in accordance with the provisions of § 67 of the Workers' Compensation Law, except that the share of each participant, other than villages, in the plan shall be collected by inclusion in the next succeeding tax levy against property taxable by the participant responsible therefor. When collected, such amounts shall be paid over to the County Treasurer and then credited to the County Self-Insurance Fund.
[Adopted 12-11-1967 by L.L. No. 5-1967]
Pursuant to § 533 of the County Law, liability is assumed to save harmless and protect the County Clerk and the employees in the Sullivan County Clerk's office from financial loss arising out of any claim, demand, suit or judgment by reason of any alleged negligence of said County Clerk or employees, provided that such act was committed in the discharge of their duties and within the scope of their employment.
The Sullivan County Self-Insurance Department is authorized to purchase and maintain appropriate insurance with any insurance company authorized to do business in the State of New York for coverage against the liability assumed hereunder.