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NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local L a w Filing NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. te- m County 1? rfT^p^^ • City CORTLAND ' - M _ P ^ ' JUL 03 • Village " Local Law No. ^ of the year 20 08 I: Si^or^^ ^ STATE RECORDS A local law Establishment OfA Plan of Mutual Self-Insurance For ^ (Insert fitlej " Worker's Compensation As Authorized By Article 5 of The New York State Workers' Compensation Law; Participation; Rules And Regulations And Apportionment D * CORTLAND COUNTY LEGISLATURE Be it enacted by the ofthe ~(Name ofLegislative Bod~yJ ~ B County • City , CORTLAND , „ of as follows: • Town • Village FULL CERTIFIED LOCAL LAW ATTACHED (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239 (Rev. 05/05) Page 1 of 3 ---PAGE BREAK--- (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) . 1 hereby certify that the locai law annexed hereto, designated as local law No of 20 93.. of the (County)(City)(Town)(Village) of _9_0!iTLAN_D was duly passed by the CORTLAND COUNTY LEGISLATURE on Jy_NE 26, _ 20 08 ^ accordance with the applicable (Name ofLegislative Body) provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(Cjty)(Town)(Village) of was duly passed by the . . on 20 _,andwas(approved)(notapproved) (Name of Legislative Body) (repassed afterdisapproval) by the . and was deemed duly adopted (Elective Chief Executive Officer*) on 20 , in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 . , and was (approved)( notapproved) (Name of Legislative Body) (repassed after disapproval) by the _ on 20 _ (Elective Chief Executive Officer*) Such local law was submitted to the people by reason ofa {mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of . was duly passed by the . . on _ 20 , and was (approved)(not approved) (Name of Leg/s/atiVe Bodyj (repassed after disapproval) by the _ on 20 Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairperson ofthe county legislative body, the mayor ofa city or viliage, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-239 {Rev. 05/05) Page 2 of 3 ---PAGE BREAK--- 5. (City local law concerning Charter revision proposed by petition.) 1 hereby certify that the local law annexed hereto, designated as local law No of 20 ^ of the City of „ having been submitted to referendum pursuant to the provisions of section {36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (specialXgeneral) election held on 20 became operative. 6. (County local law concerning adoption of Charter.) 1 hereby certify that the local lawannexed hereto, designated as loca! law No of 20 _ of the County of State of New York, having been submitted to the electors at the General Election of November 20 „ , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (tf any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, apjii was finally adopted in the manner indicated in paragraph , above. ( / Clerk'bfThe county legislati]^^ody. City, Town or Village Clerk or officer designated by local legislative body (Seal) Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OFNEW YORK COUNTYOF CORTLAND t, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature Title (Lr-tl •os-239 (Rev. 05/05) Page 3 of 3 ---PAGE BREAK--- ON MOTION OF MR. CORNELL Adopt Local Law No. 1 for the year 2008 A Local Law Restating the Establishment Of A Plan of Mutual Self-Insurance For Worker's Compensation As Authorized By Article 5 of The New York State Workers' Compensation Law; Participation; Rules And Regulations And Apportionment WHEREAS, Cortland County adopted Local Law No. 1 of 1956 establishing a plan of self insurance as provided for under Article 5 of the New York State Workers' Compensation Law, AND WHEREAS, various amendments to the original law have occurred over the past 52 years resulting in some inconsistencies in language, AND WHEREAS, the Cortland County Legislature wishes to codify these changes and provide for a limit on the overall obligations of any one participating municipality based upon their ability to tax, NOW THEREFORE, BE IT ENACTED, by the County Legislature ofthe County of Cortland, as follows: Section 1. Created. The plan of self-insurance previously created by Cortland County as provided for in Article 5 of the Workmen's Compensation Law is hereby continued as prescribed herein and shall be known from this point forward by the name of "Cortland County Self-Insured Workmen's Compensation Plan." Section 2. Axdministered. The plan of self-insurance hereby established shall be administered by the County Administrator and overseen by the applicable jurisdictional Legislative Committee. Section 3. Participation in Plan. The County of Cortland, City of Cortland, the Towns of Cortland County, and the Villages within Cortland County may participate in the plan hereby established, and are hereby continued as participating members in such plan. 1-5 ---PAGE BREAK--- A. The benefits and protection of this plan shall be and are hereby extended beyond those defined in Article I of the New York State Workers' Compensation Law to inciude all employees, officers and volunteers of Cortland County, elected or appointive not otherwise defmed in Article I. 1. The extension of coverage and protection shall include said employees and officers of those participating municipal agencies which, by resolution of the municipal body, elect to cover and include said employees and officers of said agency under the provisions of the Workers' Compensation Law. B. In accordance with Section 3 of the New York State Workers' Compensation Law, Cortland County hereby extends the coverage of the plan to Civilian Defense volunteers who are duly enrolled and registered in the office of Fire and Emergency Management of Cortland County for disabilities incurred by Civilian Defense volunteers during authorized training and practice periods or periods of Declared Emergency. 1. The extension of coverage and protection shall include said Civilian Defense volunteers of those participating municipal agencies which, by resolution of the municipal body, elect to cover and include said Civilian Defense volunteers of said agency under the provisions of the Workers' Compensation Law. Section 4. Withdrawal from Plan. Any participant in the plan may withdraw therefrom at the beginning of the next ensuing calendar year by filing with the. Clerk of the County Legislature on or before the 15^^ day of July of any year, a certified copy of a resolution of its goveming body electing to withdraw from the plan, upon condition that such participant shall pay, in a lump sum, its estimated share of the outstanding liabilities of the plan as of the date of withdrawal. The County Administrator, with the approval of the County Legislature may permit said payment to be made in installments. Section 5. Plan Rules and Regulations. Participants in the self-insurance plan hereby established shall be subject to the following standards, conditions, rules and regulations: A. Participants shall cooperate fially with the County Administrator in the administration ofthe plan, and shall prepare and file with the County Administrator such reports and information as may, from time to time, be requested. B. Reports of accidents shall be filed within three days from the time of the accident, or from the time notice thereof has come to the attention of a responsible official or supervisory employee of the participant. 2-5 ---PAGE BREAK--- C. Participants shall fumish all pertinent information relative to any claim, and shall aid in the investigation of any claim. D. If required by the County Administrator, every new employee of a participant shall undergo a physical examination before undertaking any of the duties of his employment, except in the case of an emergency, in which event the participant employer shall arrange for such physical examination at the earliest possible time after the employee undertakes such duties. The expense of such physical examination shall be an expense of the plan and paid from the funds thereof E. Participants shall not knowingly employ any person having a permanent physical impairment, as defined by Section 15, Subdivision 8, of the Workmen's Compensation Law, without first requiring such person to fumish a medical report stating the nature and extent of such permanent physical impairment. F. Fines and penalties imposed on the plan for late filing of reports and forms shall be assessed against and paid by the participant if, in the opinion of the County Administrator, the delay is occasioned by the failure or fault of the participant. G. Participants shall take part in and enforce safety and accident prevention programs established by the County Legislature. H. Violation of any of the foregoing provisions of this section by any participant shall be punishable in the discretion of the County Administrator, by the imposition of a penalty, which shall not exceed $500.00 for each violation, or by a majority vote of the County Legislature, expulsion from the plan. Section 6. Apportiorunent. Apportionment of costs shall be determined by taking the total amount to be assessed and applying the following formula: A. Forty percent (40%) of the total revenue for the plan shall be generated based upon assessed valuation. Each participant's share shall be calculated by determining the participant's percentage of full value assessment within the plan and multiplying that percentage of full value assessment by the total amount of revenue to be generated. The County's percentage of full value assessment shall include the full value assessment contained within municipalities not participating in this self-insurance plan, 1. When calculating the full value assessment of the towns of Cortlandville, Homer and Marathon, the village assessment within these tovms shail be excluded. 3-5 ---PAGE BREAK--- B. Sixty percent (60%) of the total revenue for the plan shall be generated based upon claims history. Each participant's share shall be calculated by determining the participant's percentage of the average claims paid for the preceding three years, which average claims paid shall be known as the "experience factor", and multiplying that percentage by the total amount of revenue to be generated. The County Administrator shall notify each participant in writing, not later than September of the amount of such assessment and each participant shall pay the County Treasurer the amoimt so specified in such notice not later than 30 days after commencement of such participant's next fiscal year. Section 7. Limits on Apportionment. For the purposes of limiting the exposure to a participant for any extraordinary costs that may arise in a given year, participant's assessments shall be limited in accordance with the following schedule which is designed to limit the taxable impact of catastrophic claims on the participant. A participant shall be categorized by the municipality's taxable value. The participant's annual assessment shall be limited to the maximum established assessment for each category. Any and all assessments exceeding the maximum shall be added to the Coxmty's assessment. The maximum assessment and taxable value categories may be amended from time to time by the County Legislature by Resolution. Total Taxable Value Maximum Assessment $0 to $ 25,000,000 $ 12,500 $ 25,000,001 to $ 35,000,000 $ 17,500 $ 35,000,001 to $ 45,000,000 $ 22,500 $ 45,000,001 to $ 60,000,000 $ 30,000 $ 60,000,001 to $ 90,000,000 $ 45,000 $ 90,000,001 to $150,000,000 $ 70,000 $150,000,001 to $250,000,000 $112,500 $250,000,001 to $400,000,000 $187,500 $400,000,001 and above $225,000 Section 8. Reserve Established. A self-insurance contributed reserve is hereby established for the Cortland County Self Insured Worker's Compensation Plan. The maximum which may be contributed to such reserve shall be Five Hundred Thousand Dollars ($500,000). A separate line item is hereby established in the Worker's Compensation Fund operating budget for purposes of funding the reserve account until such time as the reserve fund totals $500,000., the maximum allowed by this Law. 4-5 ---PAGE BREAK--- Section 9. Stop Loss Insurance. The County Administrator, subject to appropriation by the County Legislature, may purchase excess or catastrophe insurance, the cost of which shall be chargeable as an expense of the plan. Section 10. Conflicts with Previous Laws; Severability of Provisions; Effective Date. In the event of a confiict or inconsistency between this local law and any previous local laws or resolutions of the County Legislature, this local law shall govem. If any clause, sentence, paragraph, subdivision, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment, decree, or order shall no affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment, decree or order have been rendered. This local law shall take effect immediately. 5-5 STATE OF NEW YORK ) SS: COUNTY OF CORTLAND ) This is to certify that I, the undersigned, Clerk of the Cortland County Legislature of the County of Cortland have compared the foregoing copy of with the original now on file in this office, and which was passed by the Cortland County Legislature of said County on the 26th day of June and that the same is a correct and true transcript of such original and of the whole thereof. IN WITNESS WHEREOF I have hereunto set my hand and the official seal ofthe CORTLAND COUNTY LEGISLATURE, this 26th day of Jun^ 2008 Clerk of the Cortland Comity Legislature