Full Text
Local Law Filing New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Albany,-NY 12231-0001 www.dos.state.ny.us/corps (Use this form to file a local law with the Secretary of State.) Text of law should be given as amerided. Do.not include matter being eliminated and do not use italics or underlining to indicate riiew matter. F I L E D DCounty DCity DTown DVillage STATERECORDS (Selectone:) . , . ' ' Of JAN^?!0fi - . : ' DEPARTMENT OF STATE Local Law No. ^ of the year 2016 A local law forthe Year 2008 and Local Law 16 of 2014, Which Established a (Insert Title) ] Plan of Mutual Self-Insurance for Worker's Compensation; Amend Rules and Regulations and Apportionment Be it enacted by the "-egislature • . of the (Name of Legislative Body) DCounty DCity DTown DVillage (Selectone:) ' ' - , . ' . . ' • of Cortland asfollows: See Attached , (If additional space is needed, attach pages the same size as this sheet, and number each.) : DOS-0239-f-l (Rev. 02/10) • , . Page 2 of 4 ---PAGE BREAK--- (Complete the certification in the paragraph thatapplies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) A I hereby certify that the local law annexed hereto - designated as local law No. ^ ' of 2o2f of the (County)(City)(Town)(Village) of was'duly passed by the Cortland County Legislature on ^ecember 17 , 2 0 i n accordance with the applicable' (Name of Legislative 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 (Courity)(City)(Town)(Village) of ' was duly passed by the - on • , 20 . , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the [ . ; and was deemed duly adopted (Elective Chief Executive Officer*) - ' . - " . - on 20I I I, 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. , i' of 20 of the (County)(City)(Town)(Village) of . ' was duly passed by the " on • ' - 20._ , and was (approved)(not approved)' (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 of a (mandatory)(permissive) referendum, and received the affirmative . vote of a majority of the qualified electors voting thereori at the (general)(special)(annual) election held on 20 • , in accordance with the applicable'provisions of law. . V 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. _ o f 20 of the (County)(City)(Town)(Village) of ' ' - ' ; ' ' • was duly passed by the . : on 20' , and was (approved)(not approved) (Name of Legislative Body) , : (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 of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-0239-f-l (Rev. 02/10) . • • ; ' Page 3 of 4 ---PAGE BREAK--- 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local.law No. of 2 0 _ of the City of _ . having been submitted to reiferendum pursuant to the provisioris 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 (special)(general) election held on 20 ' , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local lawannexed hereto, designated aslocal law Nn ^ _ of 20.^ of .the County of - • ^__State of New York, having been submitted to the electors at the General Election of November : 2 0 _ , pursuantto 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. (If any other authorized form of final adoption has beeri followed, please provide an 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 ofthe whole of such original local law, and was'fip^y adopted ir)^he ja^'fnner indicated in paragraph J above. • . Clerk of the gjxanty legislative body, City, Town or Village Clerk or • officer desigfiated by locaj/legislative body (Seal) • • ' : ; • Date: (Certification to be executed by County Attorney, Corporation Counsel, Tovyn Attorney, Village Attorney or other authorized aittorney of locality.) STATEOF NEWYORK COUNTY OF 'Portland • • , . - • . I, the undersigned, hereby certify that the foregoing local law contains the correct text arid that all proper proceedings have been had or taken forthe enactment of the local lawannexed hereto. Signature County Attorney Title County City Cortland Town " ~ .Village Date: • DOS-0239-f-l (Rev. 02/10) • , ' ' . • Page 4 of 4 ---PAGE BREAK--- ON MOTION OF KEVIN \yHITNEY RESOLUTION NO. 347-15 Adopt Local Law 6 of 2015 Amending Law No. 1 for the Year 2008 and Local Law 16 of 2014, Which Established a Plan of Mutual Self-Insurance for Worker's Compensation; Amend Rules And Regulations and Apportionment WHEREAS, Cortland County adopted Local Law No. 1 of 1956 establishing a plan of self-insurance as provided for tinder Article 5 of the New York State Worker's Compensation Law, AND ' ' . . • ^ WHEREAS, Local Law No. 1 of 2008 Established the Rules and • Regulations' and Apportionment for the County's Plan of Mutual Self-Insurance for, Worker's Compensation, AND . . . WHEREAS, the proposed local law has been on Legislators desks for the required seven days, and a Public Hearing was held December 17, 2015, NOW THEREFORE BE IT RESOLVED, that the Cortland .County Legislature hereby adopts Local Law of 2015 as follows: . BE iT ENACTED, by the County.Legislature of the County of Cortland, as follows: Section 1. Created. ' • ' • The plan of self-insurance previously created by- Cortland County as provided fpr in Article 5 of the Worker'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 Worker's Compensation Plan." ' Section 2. Administered. . The plan of self-insurance hereby established shall be administered by the County Attomey 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,.* • A. The benefits and protection of this plan shall be and are hereby extended beyond ---PAGE BREAK--- those defined in'Article I of the New York State Workers' (Compensation Law to include- all employees, officers and volunteers of Cortland County, elected or appointive not otherwise defined, 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 smd employees and officers of said . agency tinder the provisions of the Worker's'Compensation Law. ' B. In accordanise 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 arid practice periods or periods of Declared Emergency. The extension of coverage and protection, shall include said Civilian Defense volunteers of those participating muriicipal 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 Legislative on or before the 15* day of July of any year, a certified copy of a resolution of its governing body electirig 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 Attomey, with the approval ofthe County Legislature may permit said payment to be made in installments. Section s. Plan Rules and Regulations. Participants in the self-irisurarice plan hereby established shall be subject 'to the following standards, conditions, rules and regulations: A: . Participants shall cooperate fully with the Courity Attomey in the administration of the plan, and shall prepare and file with the County Attomey such reports and information as may, from time to time, be requested. . • B. Reports of accidents shall be filed within twenty-four (24) hours from the time of the ---PAGE BREAK--- accident, or from the time notice thereof has come to the attentiori of a responsible official or supervisory employee of the participant. \ ' ^ 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 Attorney, every new employee of a participant shall undergo a physical examination before undertakingany of the duties of his employriient, .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, ofthe Worker's Compensation Law, without first requiring such'person to fumish a medical report stating the nature and extent ofsuch 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 Attomey, 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 Attorney^ 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. Apportionrnent. 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 ---PAGE BREAK--- 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 towns shall be excluded. B. Sixty percent (60%) of the total revenue for the plan shall be generated based upon claims history. Each iparticipant'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 Attomey shall notify each participant in writing, not later than September ofthe amount of such assessment and each participant shall pay the County Treasurer, the amount so specified in such notice not later than April 31 of each calendar year. A late payment penalty of 1.5%) of payment due shall accme on a basis until payment is made in full. 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 plus a portion of any and all assessments exceeding the maximunii assessment which shall be distributed equally among all participants. The established maximum assessment caps do not apply to the County as plan holder/administrator. 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 ' $400,0.00,000 . $187',500 $400,000,001 and above • ' .$225,000 ---PAGE BREAK--- Section 8. - Reserve Establis.hed. 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.. Section 9. Stop Loss Insurance. ' The County Attomey, subjec! to appropriation by the County-Legislature, may purchase excess or catastrophe insurance^ the cost of which shall be chargeable as an expense ofthe plan. Section 10. Conflicts with Previous Laws; S.e^verability of Provisioris; Effective'Date. In the event of a conflict 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 not affect, impair or invalidate the reriiainder 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 iriamediately. STATE OF NEW YORK) SS: COUNTY OF CORTLAND) This is to certify that the undersigned, Clerk of the Cortland County Legislature, have compared the foregoing copy -with the original now on file in this office, and that the above actions were passed by the Cortland County Legislature on the. 17th day of December, 2015 aiid that the same is a correct and true transcript of such actions taken. IN WITNESS WHEREOF I have hereunto set my hand and the oflTicial seal of the CORTLAND COUNTY . , , • - ' . ••LEGISLATURE,thisl7thdayof December, 2015. ~lmsa^ D. Clerk of the Li^ktnic Cortlind Coimty