[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.
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.
[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.