Res 1985-042 - Laserfiche WebLink

Home Browse Search

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. For each new enrolling Employer Member, a pre-audit contact will be made to counsel proper payroll classifications and record keeping, and a field audit will in all cases be made covering the first year. 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 alt premiums that are earned pro rata for the period preceding contract termination. 4. The Fund has obtained unlimited aggregate stop-loss reinsurance to assure that the incurred losses for the total Fund shalt not exceed the maximum 75% of standard premium paid or payable by Employer Members into this Fund. In addition, the Fund has unlimited catastrophic loss protection in excess of $400,000 for anyone accident or occurrence, covering the contract period. The reinsurance is provided so that Employer Members will have no joint or several liability other than the maximum of 75% of standard premium payable and to insure that the Employer Member shall at no time be on an assessable basis beyond the amount set forth in this Interlocal Agreement. The Board, however, reserves the right to adjust either one of these reinsurance provisions in the event that the fiscal soundness of the Fund will justify such adjustment and result in a savings to the Employer Members. Before any such adjustment is made, notice wiH be given to all the Employer Members together with an accounting from the Fund, in order that the Employer Members may appear before the Board to discuss the fiscal soundness of the Board's action. 5. The Fund has contracted with the Servicing Contractor to supply loss control services through its sub- contractor. Hartford Specialty Company (hereinafter referred to as "Hartford"), to the Employer Members to assist them in following a plan of loss control that may result in reduced losses. The Servicing Contractor, through Hartford, shall provide all of the services as provided in the Service Contract entered into by and between the Servicing 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 be recommended forthe purpose of eliminating or minimizing hazards that would contribute to workers' compensation losses. In the event that the recommendations submitted by the Servicing Contractor or Hartford 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. 6. The Employer Member agrees that it will appoint a Workers' Compensation Coordinator of department head rank, and that the Fund and its Servicing Contractor or sub-contractors 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 and to the Servicing Contractor. 7. The Fund, through the Servicing Contractor and its sub-contractor General Adjustment Bureau, (hereinafter referred to as "GAB"), agrees to handle any and all claims after notice of injury has been given, to prepare all required Industrial Accident Board forms, and provide a defense. The Employer Member hereby appoints the Servicing Contractor and its sub-contractor, GAB, 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. They shall carry on all negotiations with the injured employee and his attorney at the preheari ng conference and negotiate within authority previously granted by the Fund. If a personal appearance by the employer or a co-employee is necessary, the expense of this appearance will be paid by the Employer Member. With the advice and consent of the Fund, the Servicing Contractor, through its sub-contractor, GAB, will retain and supervise legal counsel on behalf of and at the expense of the Fund necessary for the prosecution of any litigation. All decisions on individual cases shall be made by the Fund through the Servicing Contractor and GAB, which includes the decision to appeal or not to appeal an Industrial Accident Board's final ruling and decision. However, any Employer Member shall. have the right in any case involving one of its employees. to consult with the Fund on any decision made by the Servicing Contractor or GAB. 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 al1 parties. Any suit brought or defended by the Servicing Contractor or GAB and the Fund shall be in the name of the political subdivision. Notwithstanding any provisions of this paragraph, all reports and filings required by the Workers' Compensation Law and the Industrial Accident Board of any employer will be the responsibility of the Employer Member. It is further understood that this agreement does not cover discrimina- tion suits under Article 8307c. There shall be supplied quarterly to each Employer Member a computer printout involving a statement of claims, claims status, and activity report cumulative for each Fund Year. 8. The Employer Member acknowledges that it has received a copy of the Bylaws of the Fund and agrees to abide by the Bylaws and any amendments thereto. 9. The Fund agrees that all Fund transactions will be annually audited by a nationally recognized certified public accounting firm. 10. The Fund, through the Servicing Contractor, will. file all necessary tax forms with the Internal Revenue Service.