Res 1986-124 - Laserfiche WebLink

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received in the offices of the Texas Municipal League Workers' Compensation Joint Insurance Fund and provided further that the Employer Member agrees to and shall pay the applicable premium and contribution for those coverages it is terminating until the date the notice of termination is actually received by the Fund. It is the intention of all the parties that the Member's statutory coverages under this agreement shall remain in full force and effect from Fund Year to Fund Year, subject to the terms, conditions and limitations that the Fund may require to protect it's solvency and to comply with reinsurance requirements, until notice of termination is given as herein provided. Realizing that the Employer Member needs the earliest possible information concerning the contribution that will be required for any new Fund Year, the Fund will endeavor to provide this information as soon as possible before the beginning of each new Fund Year. The Fund will have the right to terminate this agreement only for non-compliance with Paragraphs 5, 7 and 10. 5. Annually, each Employer Member shall submit to the Fund on a Premium Worksheet from supplied by the Fund, its estimated payroll for each classification of employee. The rates established by the Board of Trustees shall be used to arrive at a manual premium. If the Employer Member has established, through experience, a modifier, then the experience modifiction of the Employer Member shall be used to arrive at the standard premium to be paid by the Employer Member. In the absence of an earned experience modification for the Employer Member, the manual rate as established by the State Board of Insurance in ef- fect at the beginning of each Fund Year will be used as a guide to produce a manual, as well as a standard contribution. The Fund modifier shall then be applied to the standard premium to produce the annual contribution that the Employer Member shall pay to the Fund. The Employer Member agrees to pay the standard annual contribution to the Fund in twelve (12) equal monthly in- stallments, in advance, commencing at the beginning of each Fund Year, with subsequent installments due the first of each month thereafter, provided that if the payable annual contribution shall be less than $5,000, it shall be payable in four (4) equal quarterly installments, in advance, commencing at the beginning of each Fund Year, with subsequent installments due the first of each quarter thereafter. It is understood by the Employer Member that there will be contribution adjustments based upon the in- creased benefit levels mandated by the Texas Workers' Compensation Act. At the end of each and every Fund Year, there shall be submitted by the Employer Member actual payrolls as reflected by the books of the Employer Member, and any additional amounts payable to the Fund based upon the actual payroll shall be paid, and lesser amounts payable shall be adjusted by refund to the Employer Member. The Fund reserves the right to audit the payroll records of any Employer Member. Annual field audits will be made on each Employer Member with standard consideration estimated to exceed $30,000. A field audit will be made at least once every three (3) years on Employer Members with standard consideration less than $30,000 annually. In the event that the Employer Member fails or refuses to make the payments of premiums as herein provided, the Fund reserves the right to terminate such Employer Member by giving ten (10) days' written notice and to collect any and all premiums that are earned pro rata for the period preceding contract terminations. 6. The Fund shall maintain adequate protection from catastrophic losses to protect its financial integrity. Aggregate protection shall also be maintained to ensure that the Employer Member shall at no time be assessed. The Employer Member's contributions shall be limited to that amount as calculated under this Agreement. Notwithstanding the provision of the foregoing paragraph, it is agreed the Board shall have the right to adjust the financial protection outlined above and/or amend such protection as it finds available or it deems necessary to maintain the fiscal soundness of the Fund at the beginning of or during any Fund Year. 7. The Fund has contracted to supply loss control services to the Employer Members to assist them in following a plan of loss control that may result in reduced losses. The Contractor shall provide all of the services as provided in the Service Contract entered into by and between the Contractor and the Fund on behalf of the Employer Member. The Employer Member agrees that it will cooperate in instituting any and all reasonable safety regulations that may recommended for the purpose of eliminating or minimizing hazards that would contribute to workers' compensation losses. In the event that the recommenda- tions submitted by the Contractor on behalf of the Fund seem unreasonable, the Employer Member has a right to appeal to the Board of Trustees. The Board shall hear the objections of the Employer Member at its next regularly scheduled meeting and its decision will be final and binding on all parties. Any Employer Member who does not agree to foHow the decision of the Board shall be withdrawn from the Fund immediately. 8. The Employer Member agrees that it will appoint a Workers' Compensation Coordinator of department head rank, and that the Fund shall not be required to contact any other individual except this one person. Any notice to or any agreements with the Workers' Compensation Coordinator shall be binding upon the Employer Member. The Employer Member reserves the right to change the coordinator from time to time by giving written notice to the Fund. 9. The Fund, through the TML Staff and the Contractor, agrees to handle any and aH claims after notice of injury has been given, to prepare all required Industrial Actident Board forms, and provide a defense. The Employer Member hereby appoints the TML Staff and the Contractor as its agents to act in all matters pertaining to processing and handling of workers' compensation claims and shall cooperate fully in supplying any information needed or helpful in such defense. The Fund shall be responsible for seeing that all negotiations are carried on with the injured employee and his attorney at the prehearing conference and that negotiations are within authority previously granted by the Fund. If a personal appearance by the employer or a co-employee is necessary, the