Montgomery County Seal!

DATED: 1997


Local Law No. 2 of 1997 - Amending Local Law No. 1 of 1991, Which Had Amended Local Law No. 12 of 1987, Which had Amended Local Law No. 1 of 1985, Which had Amended Section 11 of Local Law No. 2 of 1956, Which had Established a Plan of self-Insurance as Provided for in Article 5 of the Workmen's Compensation Law and Providing for the Administration Thereof


Local Law NO. 2
SECTION 1: Section 11 of Local Law No.2 of 1956, County of Montgomery,
New York, enacted August 14, 1956 is hereby repealed and Local Law No.2 of
1956, County of Montgomery, New York, is hereby amended to read as follows:
A local Law establishing a plan for self-insurance as provided for in
Article 5 of the Workmen's Compensation Law, and providing for the
administration thereof.

Be it enacted, by the Board of Supervisors of the County of Montgomery as
follows:

SECTION 1: The plan of self-insurance provided for in Article 5 of the
Workmen's Compensation Law is hereby established. (s-s 61, subd. 2)

SECTION 2: The plan of mutual self-insurance heretofore adopted pursuant
to former subdivision 3-a of Section 50 of the Workmen's Compensation Law is
Hereby continued through December 31, 1956. (s-s 61, subd. 1; s-s 71, subd.
I-a)

SECTION 3: The plan of self-insurance hereby established shall be
administered by the Personnel Officer/Self Insurance Director.
SECTION 4: Only the County of Montgomery, the City of Amsterdam, the Towns
of Montgomery County, {and} the villages within Montgomery County and the school
districts and municipal and public corporations located in more than one county,
including the County of Montgomery, may participate in the plan hereby
established. (s-s s-s 62 and 65)

SECTION 5: The City of Amsterdam and the towns and villages in the County
may become participants only as of the beginning of the next ensuing calendar
year by filing with the administrator on or before the 30th day of October of
any year, a certified copy of the resolution of its governing body electing to
become a participant in the :plan; and a participant in the plan may withdraw
from the plan in- like-manner only as of the beginning of the next ensuing
calendar year by filing on or before the 30th day of October of any year such
certified copy of the resolution of its governing body electing to withdraw from
the plan, upon condition that such participant shall pay, in a lump sum or in
installments,'" an equitable share of the outstanding liabilities of the plan as
of the date of withdrawal. (s-s 65)

SECTION 6: Every new employee of any participant in the plan, from and
after January 1, 1957, shall undergo a physical examination before undertaking
any duties of his employment, except in case of an emergency, in which case the
participate employing such employee shall arrange for such physical examination
at the earliest possible time after such undertaking of duties. The expense of
such physical examination shall be paid for from the funds of the plan. Rules
and regulations in relation to such physical examination shall be prepared by
the administrator and approved by resolution of the Board of Supervisors. (s-s
65, subd. 1)

SECTION 7: All participants in the plan shall cooperate fully with the
administrator in the administration of the plan, shall annually within 30 days
of the close of each calendar year, and at such other times as the administrator
may require, submit such reports as may be requested, an shall promptly furnish
all pertinent information relative to any claim, and aid in the investigation of
any claim. (s-s 65, subd. 1)

SECTION 8: The violation of any of the provisions of the foregoing
sections (6 and 7) by any participant shall be grounds for the expulsion of such
participant from the plan. (s-s 65, subd. 2)

SECTION 9: The total of the several amounts set forth in the annual
estimate shall be apportioned to the (towns) (villages) on the basis of 100% of
the full valuation of such (towns) (villages). (s-s 66)

SECTION 10: The shares of each participant in the plan shall be collected
by inclusion in the next succeeding tax levy against property taxable by the
participant responsible therefor. (s-s 67, subd. 2)

SECTION 11: A self-insurance reserve for the plan is hereby established.
The maximum amount which may be contributed to such reserve shall be
$1,000,000.00. (s-s 69, subd. 1)

SECTION 12: The plan shall operate on an accrued liability basis whereby
amounts charges to participants shall be based on the estimated total liability
of participants actuarially computed, arising each year. (s-s 71)

SECTION 13: 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 the remainder of this Local Law shall not
be affected thereby and shall remain in full force and effect.

SECTION 14: This local law shall take effect in 20 days or upon it being
filed with the Secretary of State of the State of New York.



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