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HomeMy WebLinkAboutCC 10 RISK MGMNT BY-LWS 6-16-86 GENDA DATE: '~ ~ CONSENT CALENDAR ~ NO, 10 _ _ JUNE 11, 1986 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER FINANCE DEPARTMENT ORANGE COUNI"f CITIES RISK MANAGEMENT AUTHORITY BYLAWS AMENDMENT RECOMMENDATION Authorize the Mayor ~o sign the attached amendment ~o By-laws of Orange County Risk Management Authority (OCCRMA) .allowing for an alternative method of allocating the cost of excess insurance, when warranted. DISCUSSION In the current volatile insurance market place OCCRMA has experienced a sudden sharp increase in premiums. The current "standard formula" for allocating these premiums to its members does not provide for an alternative to the 50/50 formula, 50% ISO published manual rates and 50% average annual incurred losses over a five year period. The attached By-laws amendment allows for the OCCRMA Board of Directors to propse an · alternative allocation formula if it appears ~o be warranted. Finance Director RAN:skr Attac hmen t AMENDMENT TO BY-LAWS OF ORANGE COUNTY CITIES RISK MANAGEMENT AUTHORITY (OCCm A) THIS AGREEMENT is entered into as of this day of , 1986, by the undersigned local public entities which are members of the Orange County Cities Risk Management Authority ("OCCRMA"). This Agree- ment amends the By-Laws of OCCRMA adopted in conjunction with the approval and adoption of the Joint Exercise of Powers Agreement to Provide Risk Management for'Cities in the County of Orange, California, approved and adopted on , 19 . WHEREAS, pursuant to the By-Laws excess insurance premiums for liability and worker's compensation coverage are allocated in large part on the basis of average annual incurred losses; and WHEREAS, under certain market conditions, the existing allocation system is not reflective of the actual cost of excess insurance coverage as evidenced by underwriter's quotes; and WHEREAS, it is the desire and intent of the members of OCCRMA to modify the existing allocation system for excess insurance premiums for liability and worker's compensation coverage to provide an alternate allocation system which considers the actual allocation of the cost of such insur- ance by the underwriter. NOW, THEREFORE, the undersigned members of OCCRMA hereby agree as follows: 1. Subparagraph (3)(ii) of Subdivision (a) of Sec- tion 7.100 (Funding) is hereby deleted and replaced with the following: "(ii) Liability. Fifty percent (50%) of the liability premium will be allocated on the basis of ISO published manual liability rates. The remaining fifty percent (50%) will be allocated to participating members based on average annual incurred losses over a five year period. This manner of allocation shall be referred to as the 'Standard Formula' In the event that, upon receipt of underwriter's quotes for any given premium period, the alloca- tion for any individual member pursuant to the Standard Formula is more than ten percent (10%) higher or lower than the underwriter's quote for that member, calculation of the allocation of all liability premiums shall be based upon an alter- nate allocation formula (the 'Alternate Formula') should the majority of the Board determine that an alternate formula is appropriate. The Alternate Formula shall meet the following criteria: (a) It shall be approved by the Board; (b) It shall take into account the actual under- writer's quote; (c) To the extent feasible, the Alternate Formula shall be designed to minimize the variance between any participating member's allocation and the underwriter's quote attributable to that member. (d) The Alternate Formula shall be designed to distribute the premium allocation equitably among the participating members." 2. Subparagraph (3)(iii) of Subdivision (a) of Section 7.100 (Funding) is hereby deleted and replaced with the following: "(iii) Worker's Compensation. - Fifty percent (50%) of the worker's compensation premium will be allocated on the basis of manual -2- worker's compensation premiums. The remaining fifty percent (50%) will be allocated to partici- pating members based upon average annual incurred losses over a five year period. This manner of allocation shall be referred to as the 'Standard Formula'. In the event that, upon receipt of underwriter's quotes for any given premium period, the alloca- tion for any individual member pursuant to the Standard Formula is more than ten percent (10%) higher or lower than the underwrlter's quote for that member, calculation of the allocation of all worker's compensation premiums shall be based upon an alternate allocation formula (the 'Alternate Formula') should the majority of the Board determine that an alternate formula is appropriate. The Alternate Formula shall meet the following criteria: (a) It shall be approved by the Board; (b) It shall take into account the actual under- writer's quote; (c) To the extent feasible, the Alternate Formula shall be designed to minimize the variance between any participating member's allocation and the underwriter's quote attributable to that member. The Alternate Formula shall be designed to distribute the premium allocation equitably among the participating members." 3. Ail remaining provisions of the By-Laws shall remain unchanged. IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the date first above written. MAYOR CITY CLERK -3-