[HISTORY: Adopted by the City Council of the City of Passaic: Art.
I, 1-23-1986 as Ord. No. 904-86; Art.
II, 9-7-1989 as Ord. No. 1080-89. Amendments
noted where applicable.]
[Adopted 1-23-1986 as Ord. No. 904-86]
There is hereby established an insurance fund to insure against:
A.
Liability resulting from the use or operation of motor
vehicles, equipment or apparatus owned by or controlled by the City of Passaic
or under the control of any of its departments, boards, agencies or commissions.
B.
Liability resulting from negligence by the City of Passaic
and that of its officers, employees and servants, whether or not compensated
or part-time, who are authorized to perform any act or services, but not including
an independent contractor within the limitations of the New Jersey Tort Claims
Act (N.J.S.A. 59:1-1 et seq.)
[Amended 1-21-1993 by Ord. No. 1204-93]
The City Council shall annually appropriate the funds necessary for
the purposes of the insurance fund, which shall incorporate the provisions
of Ordinance No. 827-85.[1]
[1]
Editor's Note: Said Ord. No. 827-85, adopted 2-7-1985, originally
established the insurance fund and provided for an annual appropriation thereto.
[Amended 1-21-1993 by Ord. No. 1204-93]
There shall be established an Insurance Fund Commission whose members
shall be the City Attorney, who shall serve as Chairman, the Business Administrator
and the Finance Director. The Insurance Fund Commissioners shall serve without
compensation.
[Amended 1-21-1993 by Ord. No. 1204-93] [1]
A.
The Commission herein established shall have the following
powers and authority, to:
(1)
Invest the fund and all additions and accretions thereto
in such securities as it shall deem best suited for the purposes of this article.
(2)
Adopt rules and regulations for the control and investment
of the fund.
(3)
Keep on hand, at all times, sufficient money, or have
the same invested in such securities as can be immediately sold for cash,
for the payment of losses to any buildings or property of the local unit or
liability resulting from the operation of publicly owned motor vehicles, equipment
or apparatus.
(4)
Fix reasonable rates of premium for all insurance carried
by the insurance fund and effect all insurance in the insurance fund or with
any insurance company or companies authorized to do business in this state.
(5)
Delegate settlement authority up to $5,000 to the designated
third party administrator of the city's self-insurance program.
(6)
Delegate settlement authority between $5,001 and $15,000
to the Chairman of the Commission.
(7)
Approve settlements of claims against the city from $15,001
up to and including the sum of $25,000.
(8)
Shall recommend to the City Council for its approval
all claims in excess of $25,000.
[Amended 12-4-1997 by Ord. No. 1428-97]
B.
Premiums for insurance, whether carried in the insurance
fund or placed with the insurance companies, shall be paid to the Commission
by the board, commission, department, committee or officer having charge or
control of the property insured.
C.
All insurance upon property owned or controlled by a
local unit or any of its departments, boards, agencies or commissioners shall
be placed and effected by the Commissioners.
[1]
Editor's Note: Former § 25-4, Secretary to Commission,
was repealed 1-21-1993 by Ord. No. 1204-93.
[Added 1-21-1993 by Ord. No. 1204-93[1]]
A.
Any claim filed against the City of Passaic or any subdivision
thereof shall comply with the requirements of the New Jersey Tort Claims Act,
N.J.S.A. 59:8-1 et seq. The claim form shall include as a minimum the requirements
of N.J.S.A. 59:8-4 and such additional information or evidence as:
(1)
Written reports of a claimant's attending physicians
or dentists setting forth the nature and extent of injury and treatment, any
degree of temporary or permanent disability, the prognosis, period of hospitalization
and any diminished earning capacity.
(2)
A list of a claimant's expert witnesses and any
of their reports or statements relating to the claim.
(3)
Itemized bills for medical, dental and hospital expenses
incurred or itemized receipts of payment for such expenses.
(4)
Documentary evidence showing amounts of income lost.
(5)
If future treatment is necessary, a statement of anticipated
expenses for each treatment.
B.
In addition, if requested by the City of Passaic, the
claimant will be required to submit to a physical or mental examination by
a physician employed by the City of Passaic, and the claimant will be required
to permit the City of Passaic to inspect all appropriate records relating
to his claim for liability and damages, including but not limited to income
tax returns, hospital records, medical records and employment records.
C.
The official form is attached hereto and incorporated
by reference.
[1]
Editor's Note: This ordinance also repealed former § 25-5,
Chairman.
[Adopted 9-7-1989 as Ord. No. 1080-89]
Under the provisions of the New Jersey Automobile Reparation Reform
Act, commonly known as the "No-Fault Act," N.J.S.A. 39:6A-1 et seq., the City
of Passaic self-insurance program personal injury protection benefits shall
be:
A.
Limited to the medical benefits only option as authorized
by N.J.S.A. 39:6A-4.3b and shall exclude the benefits described in N.J.S.A.
39:6A-4 under Subsections b (income continuation), c (essential services),
d (death) and e (funeral expenses).
B.
In the case of medical expense benefits, subject to a
deductible amount of $2,500 for any one accident as authorized under N.J.S.A.
39:6A-4.3a.
C.
In the case of medical expense benefits, subject to a
copayment of 20% in accordance with N.J.S.A. 39:6A-4.3.
The City of Passaic elects the basic tort option specified under N.J.S.A.
39:6A-8a.
As authorized by the provisions of N.J.S.A. 39:6A-7, the City of Passaic
elects to exclude from coverage for benefits under N.J.S.A. 39:6A-4 and 39:6A-10:
A.
The City of Passaic self-insurance program uninsured
motorists coverage shall be in the amounts of the statutory minimums of $15,000,
exclusive of interest and costs, on account of injury to or death of one person
in any one accident and of $30,000, exclusive of interest and costs, on account
of injury to or death of more than one person in any one accident as authorized
under N.J.S.A. 17:28-1.1a.
B.
The City of Passaic self-insurance program underinsured
motorists coverage shall be limited to the amount of $15,000, exclusive of
interest and costs, on account of injury to or death of one person in any
one accident and shall be limited to $30,000, exclusive of interest and costs,
on account of injury to or death of more than one person in any one accident.