Mendocino County Municipal Code Ch. 5.52 Workers' Compensation Trust Fund

The Auditor of the County of Mendocino shall establish a separate interest-bearing trust fund entitled: "Workers' Compensation Trust Fund."

(Ord. No. 2031 A, adopted 1977.)

Funds deposited in the Workers' Compensation Trust Fund shall be used solely for proper expenditures and claims related to the County's established program for self-insurance for Workers' Compensation including but not limited to:

(A) Direct and attendant claim costs, including but not limited to:

(1) Payments for medical treatment;

(2) Payments for incurred disability;

(3) Payments for death benefits; and

(4) Deposits to the Administration Revolving Trust, which is the account from which the above payments shall be made.

(B) Administration costs.

(C) Legal and other allocated expenses.

(D) Internal County support costs.

(E) Educational expenses.

(F) Travel expenses.

(G) Consulting expenses.

(H) Excess insurance coverage expenses.

(Ord. No. 2031 A, adopted 1977.)

The following monies shall be deposited in the Workers' Compensation Trust Fund:

(A) Any amounts formally budgeted by the Board of Supervisors for inclusion into the Fund.

(B) Any funds paid to the County, from whatever source, for the provision of Workers' Compensation.

(C) Any and all interest received from the investment or reinvestment of monies within the Fund.

In addition to such mandatory deposits, the Board of Supervisors may at any time, for any purpose and from any proper and available source, deposit additional monies into the Fund.

(Ord. No. 2031 A, adopted 1977.)

Individuals designated by either the Board of Supervisors or State statute shall participate in the County's Workers' Compensation Fund. These individuals shall include:

(a) All regular County employees;

(b) All extra help personnel;

(c) All CETA personnel;

(d) All contract janitors (Memorial Buildings and Courts);

(e) Family Planning Grant personnel;

(f) 701 Planning personnel;

(g) Maternal Child Health personnel;

(h) Child Health and Disability personnel;

(i) Mental Health Contract personnel;

(j) Grant-funded personnel, where so noted in the grant contract;

(k) Welfare Volunteers; and

(l) Work Relief Volunteers.

The rates of contribution for a period to and including June 30, 1980, shall not be less than those contribution rates established by the California State Workers' Compensation Insurance system for each employee category in force and effect on October 1, 1976. After June 30, 1980, reasonable rates of contribution shall be established by the Board of Supervisors.

(Ord. No. 2031, adopted 1977.)

(A) Effective September 1, 1980, the balance of the Workers' Compensation Trust Fund shall at no time be less than an amount equal to five percent (5%) of the total County budget for salary, retirement, O.A.S.D.I. and group health insurance for the current fiscal year, nor shall it exceed an amount equal to seven and one-half percent (7½%) of that total budget for the current fiscal year, provided that the County maintain an excess coverage policy. In the absence of excess coverage, the Board of Supervisors shall set the ceiling at a reasonable level.

(Ord. No. 2031, adopted 1977.)

(B) The Auditor shall at least quarterly monitor the balance of the Workers' Compensation Fund and shall report in writing to the Board of Supervisors on the fund balance in light of limits set forth in this section.

(Ord. No. 2031, adopted 1977.)

(C) Upon receipt of such written report of the Auditor, the Board of Supervisors shall, within a reasonable period of time, order such deposits into or withdrawals from the Fund as are necessary to maintain the balance with the limitations set forth in this section.

(Ord. No. 2031, adopted 1977.)

The Board of Supervisors may transfer monies deposited in the Workers Compensation Trust Fund to the Contingency Fund in order to offset projected deficits for the 1983-84 budget year, provided that the minimum balance of the Workers Compensation Trust Fund shall be no less than that prescribed by Section 5.52.050(A). Any funds withdrawn pursuant to this section shall be reimbursed to said fund within 90 days of the date of withdrawal unless the Board of Supervisors determines the time for reimbursement should be extended.

(Ord. No. 3423, adopted 1983, as amended by Ord. No. 3446, adopted 1983, and Ord. No. 3448, adopted 1983.)

The Mendocino County Board of Supervisors declares that the immediate preservation of the public peace, health and safety necessitates the immediate passage of this ordinance as an urgency measure by reason of the following facts:

(1) Legislative delay in adopting the 1983-84 State budget has resulted in a foreseeable cash flow problem for the County of Mendocino.

(2) The lack of an adequate cash flow to meet Countywide commitments will result in the immediate cessation of essential County services to the detriment of serving the public peace, health and safety.

(Ord. No. 3446, adopted 1983.)

No payments or withdrawals from the Fund shall be made except by specific authorization of the County Administrative Officer, for the purposes set forth in Section 5.52.020, or for the purpose of maintaining a balance within the limitations of Section 5.52.050.

(Ord. No. 2031, adopted 1977.)