DATED: 1987
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Montgomery, New York, enacted August 14, 1956 is hereby repealed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, sudb. 2)
SECTION 2: The plan of mutual self-insurance heretofore
adopted pursuant to former subdivision 3-a of Section 50 of the Workman’s Compensation Law is hereby continued through December
31, 1956. (s-s 61, subd. 1; s-s 71, subd. 1-a)
SECTION 3: The plan of self-insurance.' hereby established
shall be administered by an administrator to be appointed by the
Board of Supervisors as soon as possible after local law becomes
effective, to serve until December 31, 1957, and thereafter at
the organization meeting of said Board in January of each even numbered
year for the term of office for which the then members
of such Board were elected. (s-s 64, subd. 1)
SECTION 4: Only the County of Montgomery, the City of
Amsterdam, the Towns of Montgomery County, and the villages within
Montgomery County may participate in the plan hereby established.
(s-s s-s 62 and 65)
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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 15th day of July 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 15th day of
July 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 participant
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 teach calendar year,
and at such other times as the administrator may require, submit
such reports as may be requested, and 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 $250,000.00. (s-s 69, subd. 1)
SECTION 12: The plan shall operate on an accrued liability
basis whereby amounts charged 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 fi led with the Secretary of State of the State
of New York.