Yuba County Municipal Code Ch. 2.80 Workers' Compensation Inter-Governmental Service Fund

The Auditor-Controller of the County of Yuba shall establish a separate interest-bearing fund entitled "Workers' Compensation Inter-Governmental Service Fund."

(Prior Code, § 2.80.010; Ord. No. 811)

Funds deposited in the Workers' Compensation 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:

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

a. Payments for medical treatments;

b. Payments for incurred disability;

c. Payments for death benefits.

(2) Administrative costs.

a. Personnel;

b. Auditor-Controller;

c. County Counsel;

d. Other related administrative costs.

(3) Legal and other allocated expenses.

(4) Educational expenses.

(5) Travel expenses.

(6) Consulting expenses.

(7) Excess insurance coverage expenses.

(Prior Code, § 2.80.020; Ord. No. 811)

The following monies shall be deposited in the Workers' Compensation Inter-Governmental Service Fund:

(1) Any amounts formally budgeted by the Board of Supervisors for inclusion into the Funds.

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

(3) 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.

(Prior Code, § 2.80.030; Ord. No. 811)

Individuals designated by the Board of Supervisors shall participate in the County's Workers' Compensation fund. These individuals shall include:

(1) All regular County employees;

(2) All extra help and limited term personnel;

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

(4) Designated contract employees.

(Prior Code, § 2.80.040; Ord. No. 811)

The contribution for a period to and including June 30, 1986, shall not be less than those contributions, on a proportionate employee basis, made by the County based on the established rates by the California State Workers Compensation Insurance System for each employee category and payroll for fiscal year 1980-81. After June 30, 1986, reasonable rates of contribution shall be established by the Board of Supervisors.

(Prior Code, § 2.80.050; Ord. No. 811)

(a) Effective June 30, 1986, the balance of Workers' Compensation Inter-Governmental Service Fund shall at no time be less than an amount equal to five percent of the gross County payroll for the current fiscal year, nor shall it exceed an amount equal to eight percent of the 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.

(b) The Auditor-Controller shall monitor the balance of the Workers' Compensation Fund at least quarterly and shall report in writing to the Administrative Office on the fund balance in light of limits set forth in this Section.

(c) Upon receipt of written information from the County Administrator, 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 within the limitations set forth in this Section.

(Prior Code, § 2.80.060; Ord. No. 811)

No payments or withdrawals from the fund shall be made except by specific authorization of the County Risk Manager, in the manner prescribed by the Auditor-Controller Office, for the purpose of maintaining a balance within the limitations of Sections 2.80.050 and 2.80.060. Said authorization is further modified as follows with regard to the payment and settlement of claims. Claims against the County may be authorized for payment as follows:

(1) The Risk Manager shall be empowered to make claims payments or settlements in amounts up to and including $10,000.00.

(2) For amounts over $10,000.00 up to and including $25,000.00, a committee consisting of the County Administrator, County Counsel and Risk Manager by majority vote shall be empowered to make claim payments or settlements.

(3) Claim payments or settlements in excess in excess of $25,000.00 shall be made at the direction of the Board of Supervisors.

(Prior Code, § 2.80.070; Ord. No. 811; Ord. No. 903)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.