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HomeMy WebLinkAboutRes 1028 - Workers Compensation Group Retrospective Rating Plan RESOLUTION NO. 1028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, EXPRESSING THE CITY'S AGREEMENT TO PARTICIPATE IN A WORKERS' COMPENSATION GROUP RETROSPECTIVE RATING PLAN RECOMMENDED BY WCIA AND AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT REGARDING SUCH PARTICIPATION WHEREAS, the City of Tukwila is a member of the Washington Cities Insurance Authority (WCIA), and WHEREAS, WCIA has made application to the Department of Labor and Industries for the purpose of establishing a Group Retrospective Rating Plan for its eligible members, and WHEREAS, the City of Tukwila qualifies for participation and finds it advantageous to participate under the terms and conditions specified in the Contract attached hereto as Exhibit A, now, therefore, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVE AS FOLLOWS Section 1 Participation and Agreement Authorized The City of Tukwila hereby agrees to participate in the Workers' Compensation Group Retrospective Rating Plan recommended by WCIA effective April 1, 1987 to April 1, 1988 and the Mayor is hereby authorized to enter into the Contract attached hereto as Exhibit A and incorporated herein by this reference as if fully set forth on behalf of the City PASSED BY THE CITY COUNC OF THE CITY OF TUKWILA, WASHINGTON, this /5? day of 1986 APPROVED q J l i!A U�E,��VNCIL PRESIDENT ATTEST/AUTHENTICATED CITY CLERK, MAXINE ANDERSON APPROVE9 AS TO FORM OFFICE F THE CITY T NEY FILED WITH THE CITY CLER -2 S' E'6 PASSED BY THE CITY COUNC l,2 /S- '4K, RESOLUTION NO 1 must: CONTRACT WHEREAS, Washington Cities Insurance Authority (WCIA) has entered into a Group Retrospective Rating Plan as provided under the provisions of RCW 51.16.035 et. seq., with the Washington State Department of Labor and Industries, said Plan being Plan B with a 1.50 Maximum Premium Ratio for the period April 1, 1987 to April 1, 1988, and; WHEREAS, the undersigned City (City) has been accepted for participation in the group to share in the benefits to be achieved by virtue of said Plan. NOW, THEREFORE, it is hereby understood and agreed by and between the parties hereto as follows: 1. Eligibility Participants in the program a. Be a member in good standing of Washington Cities Insurance Authority. b. Maintain a current and active workers' compensation account with the Department of Labor and Industries. c. Have a loss profile compatible with the remainder of the group. d. Agree to comply with an active safety program as devised by WCIA and the other cities participating in the program aimed at reducing losses and maintaining a favorable loss profile. e. Keep current its payments of Labor and Industries assessments and penalties and WCIA assessments under the program. f. Comply with all the terms of this contract. 2. Expenses City agrees to pay its pro rata share of administrative expenses prior to Plan inception and all future pro rata shares of administrative expenses within 60 days of billing. -1- 3. Refunds /Recaptures City agrees that any retrospective premium returns (refunds) will be held in trust until the final adjustment has been made for this plan year. Any premium recaptures will be paid out of the trust fund. At such time as the final adjustment has been made, distribution will be made to participating cities using a formula to be developed by WCIA staff and adopted by a majority vote of the participant cities prior to the end of the plan year. Interest earned on the trust fund account will be distributed, held, or applied toward administrative costs at the direction of the participants. 4. Retrospective Penalties In the event WCIA is assessed a penalty by Labor and Industries, group members will be invoiced to a maximum of 50% of their plan year premium. Returned penalties will be redistributed in similar fashion as they are collected. 5. Failure to Pay Failure of a city to promptly pay its original premium to the Department, its pro rata share of administrative expenses, or retrospective penalty assessment entitles WCIA to withhold any monies credited to city in the trust fund to satisfy city's debt. City may be barred from participating in future retrospective rating plans by two thirds vote of the plan year participating cities without cause having to be stated or proven. 6. Agency City hereby appoints WCIA to act as its agent in matters pertaining to industrial insurance pursuant to this Retrospective Rating Agreement. 7. Information Release City hereby authorizes Department of Labor and Industries of the State of Washington to release any and all information pertaining to industrial insurance, experience, and files of the city to WCIA. 8. No Liability to State WCIA disclaims any liability to the state for any premiums or penalties owed by any city to the state. City acknowledges that WCIA assumes no liability to the state for payments of premiums or penalties owed by the city to the state with the expection of retro penalties owed the state as provided in Paragraph 4. 9. The text herein shall constitute the entire agreement between the parties and supersedes any other oral or written agreement of any kind. -2- If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this agreement or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. Executed by duly authorized representatives of the parties to this Agreement this 11th day of February 1987. CITY OF TUKWILA Washington Cities Insurance City Authorit �r Y: �`C....eg By: Title: Mayor Title: y2/--P5 GROUP B SAMPLE RETRO ADJUSTMENTS AT VARIOUS MAXIMUM PREMIUM LEVELS FOR 1982, 1983, 1984 TOTAL AVERAGE 3 -Year 1982 1983 1984 Total MPR PLAN B PLAN B PLAN B PLAN B 1.05 14,417 26,904 18,946 60,267 1.10 28,705 53,565 37,722 119,992 1.15 43,122 80,469 56,669 180,260 1.20 57,410 107,131 75,445 239,986 1.25 71,827 134,034 94,391 300,252 1 1.30 86,244 160,938 113,337 360,519 1.35 100,532 187,600 132,113 420, 45 1 40 114,949 215,504 151,060 480, 13 1.45 129,237 241,165 169,836 540, 38 1.50 135,107 244,884 175,316 555,307 1.60 143,140 248,741 182,434 574,315 1.70 148,764 251,440 187,416 587,620 1.80 153,583 253,754 191,687 599,024 2.00 159,809 256,743 197,203 613,755 Premiums $330,711 $338,796 $348,636 Losses $200,825 $96,419 $177,947 MPR 1.05 1.10 1.15 1.20 1.25 1.30 1.35 1.40 1.45 1.50 1.60 1.70 1.80 2.00 PROSPECTIVE (Average Annual Premium $339,381) MAXIMUM BREAK -EVEN MAXIMUM SAVINGS LOSSES ALLOWED PENALTIES 37,671 339,381 16,969 75,003 339,381 33,938 112,674 339,381 50,907 150,006 339,381 67,876 187,678 339,381 84,845 225,349 339,381 101,814 262,681 339,381 118,783 300,352 339,381 135,752 337,684 339,381 152,721 339,381 348,440 169,691 339,381 363,363 203,629 339,381 374,593 237,567 339,381 384,786 271,505 339,381 398,803 339,381 PREMIUM PAID FIRST SECOND THIRD FOURTH FIFTH SIxTH SEVENTH ADJUSTMENT ADJUSTMENT ADJUSTMENT ADJUSTMENT ADJUSTMENT ADJUSTMENT ADJUSTMENT PLAN YEAR 1/1/87 1/1/88 SAMPLE RETRO ADJUSTMENT* SCHEDULE 1/1/87 1/1/88 1/1/89 1/1/90 1/1/91 1/1/92 1/1/93 1/1/94 1/1/95 FIVE REQUIRED ADJUSTMENTS *ADJUSTMENT MAY BE EITHER A RETURN OR AN ASSESSMENT TWO ADDITIONAL ADJUSTMENTS AT OPTION OF EITHER L &I.OR AUTHORITY