RESOLUTION NO. 167 of 2011 DATED: August 23, 2011

WHEREAS, on July 26, 2011 a proposed Local Law for the County of Montgomery entitled “A Local Law Amending Local Law No. 2 of 1997 for Workers Compensation” was presented to the Board of Supervisors for consideration, and

WHEREAS, on July 26, 2011 Resolution No. 150 of 2011 was adopted authorizing and directing that a Public Hearing be held by the Board of Supervisors on the 23rd of August 2011, at the time and place appointed, and

WHEREAS, said Public Hearing has been held, and

WHEREAS, that the said Local Law, known as Introductory Local Law No. 3 of 2011, entitled “A Local Law which amends Local Law No. 2 of 1997 for Workers Compensation”, hereby is adopted and is incorporated as follows:

BE IT ENACTED by the Board of Supervisors of Montgomery County, New York, as follows:

SECTION 9. ANNUAL ESTIMATE:

The annual estimate of expenses shall be apportioned among the participants.  The apportioned share of each participant shall be based as follows:

A.   The County, City of Amsterdam, Towns and Villages shall be based 32% on the total value of the participant’s taxable real property in the proportion that the full valuation of it’s taxable real property bears to the aggregate full valuation of all participants.  8% on the loss-percentile experience of the participant’s said loss percentile, to be calculated based on the losses of each participant in this Section ”A” related to aggregate losses of compensation and medical for each of the three (3) preceding years immediately preceding the year in which said budget estimate is presented, omitting the current year.  60% shall be apportioned in the proportion that the payroll
of each participant in Section “A” bears to the aggregate payroll for all participants.

B.   The apportionment of cost for participants who have no property base (Fulton Montgomery Community College and the Montgomery-Otsego-Schoharie Solid Waste Management Authority) will be computed on a percentage basis of their payroll.  This percentage of payroll assessment will be calculated by the administrator of the plan, which is the Personnel Officer/Self-Insurance Director and approved by the County Treasurer, County Attorney, and Personnel Chairman.

C.   The apportionment of cost for all Volunteer Fire Departments and Volunteer Ambulance Corps will be added to the assessment of the County.  The assessment for Volunteer Fire Departments and Volunteer Ambulance Corps will be a percentage of the total Workers Compensation budget needed to operate for the year.  This percentage is calculated by the administrator of the plan, which is the Personnel Officer/Self-Insurance Director and approved by the County Treasurer, County Attorney, and Personnel Chairman.

SECTION 10. SAVING CLAUSE:

If any clause, sentence, paragraph, 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 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 shall have been rendered and the remainder of this Local Law shall not be affected thereby and shall remain in full force and effect, and

SECTION 10. EFFECTIVE DATE:  

This Local Law shall take effect when all applicable statutory requirements for its passage and adoption have been fully complied with and it has been filed in the Office of the Secretary of State,

RESOLVED, that the Clerk of the Board of Supervisors hereby is authorized and directed to file one certified copy thereof in the Office of the Secretary of State and to ensure that it is published in the County’s designated legal newspapers, as required by law.

RESOLUTION ADOPTED with Aye(1868). (8/23/2011)