[HISTORY: Adopted by the Board of Supervisors
(now County Legislature) of the County of Sullivan as indicated in
article histories. Amendments noted where applicable.]
[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.
A.
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.
B.
Each
town and village participating in the existing self-insurance plan
shall continue as a member thereof.
C.
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.
A.
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.
B.
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.
C.
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.
