Rules and regulations for the administration of the Rockland County
Workers' Compensation Self-Insurance Plan are hereby promulgated.
[Amended 4-1-1986 by L.L. No. 3-1986]
In addition to the County of Rockland, participation in the Rockland
County Workers' Compensation Self-Insurance Plan shall be available only
to towns, villages, library districts, school districts and contract agencies
as defined under § 62 of the Workers' Compensation Law and
any agency thereof within Rockland County. All other types of corporations,
public or otherwise, are hereby prohibited from membership in the plan.
[Amended 4-1-1986 by L.L. No. 3-1986; 12-27-1990
by L.L. No. 16-1990]
A. The annual estimate of expenses of the plan shall be
apportioned among the participants according to a calculated formula claims
experience rating, as determined by the Committee. This determination shall
be based upon the actual claims experience of the participants for at least
three consecutive calendar years, but not more than five consecutive calendar
years, immediately preceding the year for which the estimate of annual expenses
is being prepared.
B. Notwithstanding any other provisions of this section to the contrary, the amount due for a participant in the plan for the annual estimated expenses of the plan shall be 90% of the amount determined in Subsection
A herein of the annual estimate of expenses of the plan for the participant's first year in the plan and 100% of the amount of annual estimated expenses of the plan for the participant's second year in the plan. Thereafter, each participant's liability for the annual expenses of the plan shall be determined as provided for in Subsection
A herein.
[Amended 5-20-2003 by L.L. No. 7-2003]
[Amended 4-1-1986 by L.L. No. 3-1986; 6-20-1989
by L.L. No. 5-1989; 10-7-2003 by L.L.
No. 12-2003]
A reserve in an amount equal to 190% of the annual estimated claims
liability of the participants, as determined by the Committee, is hereby established.
The determination of the participants' claim liability by the Committee
shall be based upon the actual claims experience of the participants for at
least three consecutive calendar years but no more than five consecutive calendar
years immediately preceding the year for which the estimate of claims experience
is being prepared. Such an amount shall be accumulated by adding to the participant's
liability for the annual estimated expenses of the plan an amount equal to
1/5 of the participant's estimated claims liability, as determined by
the Committee, for the first year of membership in the plan and a like sum
for each year thereafter, until the participant has contributed an amount
to the reserve equal to 190% of the participant's annual estimated claims
liability, as determined by the Committee. The participant's responsibility
for contribution to the reserve fund as set forth herein shall be collected
and recovered in the same manner as the participant's annual liability
for the annual estimated expenses of the plan. Notwithstanding any other provisions
of this chapter to the contrary, any participant in the plan as of July 1,
1989, shall be permitted at least 12 years to make its contribution to the
reserve fund as established herein in an amount equal to 190% of the participant's
annual claim liability as determined by the Committee.
The Committee shall develop and enforce safety programs designed for
the responsible and reasonable protection of the lives, health and safety
of the participants' employees. The participants shall abide by the safety
recommendations of the Committee and shall take such steps as may be deemed
by the Committee as reasonable to protect the lives, health and safety of
the participants' employees. The Committee shall report to the Legislature
of Rockland County the failure of a participant to abide by the safety recommendations
of the Committee. Notwithstanding any other provision to the contrary, nothing
herein shall be construed to prohibit any participant from developing or implementing
any safety program or procedure, provided that said program or procedure has
been approved by the Committee as providing stricter standards of safety.
[Amended 9-5-1989 by L.L. No. 7-1989]
A. There shall be an excess coverage fund which shall be
included in the annual estimated expenses of the plan, and each participant
shall contribute thereto as provided herein. The special excess coverage fund
shall be in an amount determined by the Committee to be sufficient to meet
the purposes of this section. The participant's responsibility for contribution
to the excess coverage fund shall be collected and recovered in the same manner
as the participant's annual liability for the amount of the estimated
expenses of the plan.
B. No claims experience of a participant, who has been a
member of the plan for three consecutive years, as estimated by the Committee,
shall exceed its previous year's claims experience by 30%. Any deficiency
in a participant's annual liability, due to the provisions of this section
shall be funded by the excess coverage fund established herein.
[Amended 11-5-1992 by L.L. No. 10-1992; 10-7-2003
by L.L. No. 12-2003]
The Commissioner of Finance of Rockland County shall be the custodian
of the moneys of the plan. Such moneys shall be accounted for in a separate
fund to be known as the "Rockland County Self-Insurance Fund" and shall be
deposited in a bank or trust company designated in a manner provided by law
as a depository of moneys of the County of Rockland. Disbursements of such
moneys, except for payment of fixed salaries as provided herein, shall be
made only upon order of the Committee.
The Committee may engage counsel in respect to any particular subject
matter, proceeding or litigation, in which event the expense of engaging such
special counsel shall be charged as an administrative expense of the plan.
Notwithstanding any other provisions to the contrary, any expense, charges
or costs of the plan shall be borne solely by the participants of the plan.