BURLINGTON COUNTY INSURANCE COMMISSION AGENDA AND REPORTS JANUARY 9, 2014

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1 BURLINGTON COUNTY INSURANCE COMMISSION AGENDA AND REPORTS JANUARY 9, 2014 COUNTY ADMINISTRATION BUILDING ROOM 107, FIRST FLOOR 49 RANCOCAS ROAD MT. HOLLY, NJ :00 PM OPEN PUBLIC MEETINGS ACT - STATEMENT OF COMPLIANCE In accordance with the Open Public Meetings Act, notice of this meeting was given by: I. Advertising the notice in the Burlington County Times II. III. Filing advance written notice of this meeting with the Commissioners of the Burlington County Insurance Commission; and Posting notice on the Public Bulletin Board of the Office of the County Clerk

2 BURLINGTON COUNTY INSURANCE COMMISSION AGENDA OPEN PUBLIC MEETING: JANUARY 9, RANCOCAS ROAD MT. HOLLY, NJ :00 PM MEETING CALLED TO ORDER - OPEN PUBLIC MEETING NOTICE READ ROLL CALL OF COMMISSIONERS APPROVAL OF MINUTES: December 3, 2013 Open Minutes...Appendix I December 3, 2013 Closed Minutes... Handout CORRESPONDENCE COMMITTEE REPORTS Safety Committee:... Verbal Claims Committee:... Verbal Claims Committee Meeting Schedule... Page 2 EXECUTIVE DIRECTOR/ADMINISTRATOR PERMA... Pages 3-32 TREASURER Edward J. Troy Resolution January Bill List... Page 33 October Treasurer Monthly Reports...Pages ATTORNEY Robert A. Baxter... Verbal CLAIMS SERVICE PMA Management Corp. Monthly Report... Pages CEL SAFETY DIRECTOR J.A. Montgomery Risk Control Monthly Report... Pages S:ERVE Online Training Letters... Pages Animal Shelter Loss Control Report... Pages OLD BUSINESS NEW BUSINESS PUBLIC COMMENT CLOSED SESSION Resolution Closed...Page 52 Motion for Executive Session (in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-12) Motion to Return to Open Session MEETING ADJOURNMENT NEXT SCHEDULED MEETING: FEBRUARY 6, 2014 COUNTY ADMINISTRATION BUILDING 49 RANCOCAS ROAD, MT. HOLLY NJ 08102, 2:00 PM 1

3 Burlington County Insurance Commission Claims Committee 2014 Meeting Schedule All Claims Committee meetings will be held in the Burlington County Administration Building in Mt. Holly, NJ or via Conference Call 3 rd Tuesday of each month at 2:00 p.m. January 21, 2014 February 18, 2014 March 18, 2014 April 15, 2014 May 20, 2014 June 17, 2014 July 15, 2014 August 19, 2014 September 16, 2014 October 21, 2014 November 18, 2014 December 16,

4 BURLINGTON COUNTY INSURANCE COMMISSION 9 Campus Drive, Suite 16 Parsippany, NJ Telephone (201) Fax (201) Date: January 9, 2014 Memo to: From: Subject: Commissioners of the Burlington County Insurance Commission PERMA Risk Management Services Executive Director's Report Reorganization Resolutions (Pages 6-19) - The BCIC is required to reorganize at the January Executive Committee meeting as per the Commission by Laws. Listed below are the necessary Reorganization Resolutions which are included in the agenda on pages Resolution 1-14 Certifying the Election of Chairperson and Vice Chairman Resolution 2-14 Appointing A Commissioner to the New Jersey Counties Excess Joint Insurance Fund for Fund Year 2013 Resolution 3-14 Appointing Agent for Service of Process and Custodian of Records For the Commission For the Year 2013 Resolution 4-14 Designating Official Newspapers for the Commission Resolution 5-14 Designating Authorized Depositories for Fund Assets and Establishing Cash Management Plan Resolution 6-14 Designating Commission Treasurer Resolution 7-14 Designating Authorized Signatures for Commission Bank Accounts Resolution 8-14 Indemnifying Burlington County Insurance Fund Commission Officials/Employees Resolution 9-14 Authorizing Commission Treasurer to Process Contracted Payments And Expenses The Executive Director is in the process of updating the 2014 Risk Management Plan Resolution. The Resolution will be ready for review and approval at the February meeting. Motion to approve Reorganization Resolutions Number 1-14 through Property and Casualty Budget Introduction (Pages 20-21) At the December 3 rd meeting the 2014 Property and Casualty Budget was introduced. In accordance with the regulations, the budget was advertised in the Commission s official newspapers. The 2014 budget has changed since its introduction to reflect (1) a change in the professional fees and (2) reflect the CEL discount representing BCIC s share of the ancillary coverage surplus overage for The revised 2014 budget amount is $4,414,753 which represents a decrease of $102,028 or 2.26 % over the 2013 budget. The Public Hearing for the budget will be held at this meeting. A copy of the 2014 Property & Casualty Budget appears on page 20. Also included in the agenda 3

5 on page 21 is a copy of the revised assessments by member entity. In accordance with the Commission s By Laws, the assessment bills will be mailed to the member entities via certified mail and . The annual assessment would be billed in 3 installments and payable as follows: 40% on 1/15/14, 30% on 5/15/14 and 30% on 10/15/14. Since the budget adoption is later than in past years, we may want to consider an extension on the January 15 th payment if necessary. Motion to open the Public Hearing on the 2014 Property & Casualty Budget Discussion of Budget and Assessments Motion to close the Public Hearing Motion to adopt the Property & Casualty Budget for the Gloucester County Insurance Commission as presented for the Commission Year 2014 & Certify the 2014 Assessments NJ Excess Counties Insurance Fund (CELJIF) (Pages 22-26) The CEL met on December 12, A summary report of their meeting is included in the agenda on pages Also attached are copies of the New Jersey Counties Excess Joint Insurance Fund 2014 Adopted Budget in the amount of $13,833,776 on pages 25 & 26. Certificate of Insurance Issuance Report (Page 27) Attached on page 27 is the certificate of insurance issuance report from the CEL listing those certificates issued for the period of 12/1/13 to 12/31/13. There were 5 certificate of insurances issued during this period. Motion to approve the certificate of insurance report BCIC Financial Fast Track (Page 28) Included in the agenda on page 28 is a copy of the Financial Fast Track as of October 31, The report indicates the Commission has a surplus of $1,178,311. Line 7 of the report, Investment in Joint Venture is the Burlington County Insurance Commission s share of the equity in the CEL. BCIC s equity in the CEL as of October 31, 2013 is $253,647. NJ CEL Property and Casualty Financial Fast Track (Page 29) Included in the agenda on page 29 is a copy of the CEL Financial Fast Track as of October 31, The report indicates the CEL has a surplus of $3,294,360. Investors Bank Mr. Troy advises Investors Bank is willing to give the Commission the same rate as the County. Therefore, it is recommended the Commission consider changing to Investors Bank for their banking needs effective January 9, Motion to authorize the Commission Treasurer to open new accounts with Investor Bank effective January 9, Claims Report Requirements Updated: (Pages 30-31) Underwrites at Lloyd s (Brit) the carrier for the NJ CEL Excess Liability program now requires all claims to be reported to them which arise from law enforcement activities. Attached on page 31 is an from Mary Lou Doner of PERMA notifying the claims administrator of each respective Insurance Commission 4

6 of this requirement. Also attached on page 31 is a copy of the attachment referred to in the e- mail. Optional Network Privacy & Security Liability Quotes The CEL Underwriting Manager recently presented quotations for Network Privacy & Security Liability coverage to Burlington County and Burlington County Board of Social Services. Commissioner Smith requested that we have additional discussion on the benefits of this coverage prior to making a decision on whether to purchase this coverage. Gender Equity Notice (Page 32) Attached in the agenda on page 32 you will find information recently published from the NJ Department of Labor outlining Right to be Free of Gender Inequity or Bias in Pay, Compensation, Benefits or Other Terms and Conditions of Employment. 5

7 RESOLUTION NO BURLINGTON COUNTY INSURANCE COMMISSION CERTIFYING THE ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON WHEREAS, the BURLINGTON COUNTY INSURANCE COMMISSION (hereinafter BCIC ) is duly constituted as an Insurance Commission pursuant to N.J.S.A. 40A:10-6 et seq.; and WHEREAS, the BCIC has the authority and deemed it necessary and appropriate to formally reorganize for the 2014 commission year; and NOW THEREFORE by the Burlington County Insurance Fund Commission that the following persons have been elected as Chairperson and Vice Chairman: Paul Drayton Peter Nelson Michael Smith Chairman Vice Chairman Commissioner BE IT FURTHER RESOLVED that the Chairman, Vice Chairman, and Commissioner shall serve for a year term to expire on of the Commission and until their successors shall be elected and qualified. ADOPTED by THE BURLINGTON COUNTY INSURANCE COMMISSION at a properly noticed meeting held on January 9, ADOPTED: BY: PETER NELSON, VICE CHAIRMAN ATTEST: MICHAEL D. SMITH, COMMISSIONER 6

8 RESOLUTION NO COUNTY INSURANCE COMMISSION OF THE COUNTY OF BURLINGTON APPOINTING A COMMISSIONER TO THE NEW JERSEY COUNTIES EXCESS JOINT INSURANCE FUND FOR FUND YEAR 2014 WHEREAS, the BURLINGTON COUNTY INSURANCE COMMISSION (hereinafter BCIC ) is duly constituted as an Insurance Commission pursuant to N.J.S.A. 40A:10-6 et seq.; and WHEREAS, the New Jersey Counties Excess Joint Insurance Fund (hereinafter the Fund) is duly constituted as a joint insurance fund; and WHEREAS, the Fund by-laws require each member insurance commission to appoint one (1) commissioner to the Fund; and WHEREAS, Michael D. Smith is an employee of the Commission and the Commission having deemed it appropriate to designate Michael D. Smith as commissioner to the Fund; and NOW THEREFORE BE IT RESOLVED by the Commissioners of said Commission Michael D. Smith is designated commissioner to the New Jersey Counties Excess Joint Insurance Fund for the Fund year ADOPTED by THE BURLINGTON COUNTY INSURANCE COMMISSION at a properly noticed meeting held on January 9, ADOPTED: BY: PETER NELSON, VICE CHAIRMAN ATTEST: MICHAEL D. SMITH, COMMISSIONER 7

9 RESOLUTION NO BURLINGTON COUNTY INSURANCE COMMISSION APPOINTING AGENT FOR SERVICE OF PROCESS AND CUSTODIAN OF RECORDS FOR THE COMMISSION FOR THE YEAR 2014 WHEREAS, the BURLINGTON COUNTY INSURANCE COMMISSION (hereinafter BCIC ) is duly constituted as an Insurance Commission pursuant to N.J.S.A. 40A:10-6 et seq.; and WHEREAS, the BCIC has the authority and deemed it necessary and appropriate to formally reorganize for the 2014 commission year; and NOW THEREFORE be it resolved by the Burlington County Insurance Commission that PERMA Risk Management Services is hereby appointed as agent for service of process upon the BCIC, at its office located at 9 Campus Drive, Suite 16, Parsippany, NJ for the year 2014 or until its successor has been appointed and qualified. Said appointment shall be at no cost to the BCIC. BE IT FURTHER RESOLVED that PERMA Risk Management Services shall also be the Custodian of Records at no cost to the BCIC. ADOPTED by THE BURLINGTON COUNTY INSURANCE COMMISSION at a properly noticed meeting held on January 9, ADOPTED: BY: PETER NELSON, VICE CHAIRMAN ATTEST: MICHAEL D. SMITH, COMMISSIONER 8

10 RESOLUTION NO BURLINGTON COUNTY INSURANCE COMMISSION DESIGNATING OFFICIAL NEWSPAPERS FOR THE COMMISSION WHEREAS, the BURLINGTON COUNTY INSURANCE COMMISSION (hereinafter BCIC ) is duly constituted as an Insurance Commission pursuant to N.J.S.A. 40A:10-6 et seq.; and WHEREAS, the BCIC has the authority and deemed it necessary and appropriate to formally reorganize for the 2014 commission year; and BE IT RESOLVED by the BURLINGTON County Insurance Commission, (hereinafter the BCIC) the BURLINGTON County Times are hereby designated as the official newspapers for the Commission and all official notices required to be published shall be published in the newspaper. BE IT FURTHER RESOLVED that the designation of official newspaper shall be effective upon adoption of the within resolution for the term of one year through the 2014 re-organization of the BCIC. BE IT FURTHER RESOLVED that in the case of special meetings or emergency meetings, the Executive Director of the BCIC shall give notice of said meetings to the Burlington County Times. ADOPTED by THE BURLINGTON COUNTY INSURANCE COMMISSION at a properly noticed meeting held on January 9, ADOPTED: BY: PETER NELSON, VICE CHAIRMAN ATTEST: MICHAEL D. SMITH, COMMISSIONER 9

11 RESOLUTION NO BURLINGTON COUNTY INSURANCE COMMISSION DESIGNATING AUTHORIZED DEPOSITORIES FOR FUND ASSETS AND ESTABLISHING CASH MANAGEMENT PLAN WHEREAS, the BURLINGTON COUNTY INSURANCE COMMISSION (hereinafter BCIC ) is duly constituted as an Insurance Commission pursuant to N.J.S.A. 40A:10-6 et seq.; and WHEREAS, the BCIC has the authority and deemed it necessary and appropriate to formally reorganize for the 2014 commission year; and NOW THEREFORE BE IT RESOLVED that Susquehanna Bank and or Investors Bank are hereby designated as the depository for assets of the Fund upon adoption of the within Resolution through 2014 re-organization of the BCIC; and BE IT FURTHER RESOLVED that the attached Cash and Investment Management Plan, which includes the designation of authorized depositories, be and is hereby adopted. ADOPTED by THE BURLINGTON COUNTY INSURANCE COMMISSION at a properly noticed meeting held on January 9, ADOPTED: BY: PETER NELSON, VICE CHAIRMAN ATTEST: MICHAEL D. SMITH, COMMISSIONER 10

12 BURLINGTON COUNTY INSURANCE COMMISSION 2014 CASH MANAGEMENT AND INVESTMENT POLICY 1.) Cash Management and Investment Objectives The BURLINGTON COUNTY INSURANCE COMMISSION s (hereinafter referred to as the Commission) objectives in this area are: a.) b.) c.) d.) e.) f.) g.) h.) i.) Preservation of capital. Adequate safekeeping of assets. Maintenance of liquidity to meet operating needs, claims settlements and dividends. Diversification of the Commission's portfolio to minimize risks associated with individual investments. Maximization of total return, consistent with risk levels specified herein. Investment of assets in accordance with State and Federal Laws and Regulations. Accurate and timely reporting of interest earnings, gains and losses by line of coverage in each Commission year. Where legally permissible, cooperation with other local municipal joint insurance funds/commissions, and the New Jersey Division of Investment in the planning and execution of investments in order to achieve economies of scale. Stability in the value of the Commission s economic surplus. 2.) Permissible Investments Investments shall be limited to the following: a.) b.) c.) d.) e.) Bonds or other obligations of the United States of America or obligations guaranteed by the United States of America. Any federal agency or instrumentality obligation authorized by Congress that matures within 397 days from the date of purchase, and has a fixed rate of interest not dependent on any index or external factors. Bonds or other obligations of the local unit or bonds or other obligations of school districts of which the local unit is a part or within which the school district is located; or Bonds or other obligations, having a maturity date not exceeding 397 days, approved by the Division of Investment of the Department of Treasury for investment by local units. Debt obligations of federal agencies or government corporations with maturities not greater than five (5) years from the date of purchase, excluding mortgage backed obligations, providing that such investments are purchased through the New Jersey Division of Investment and are 11

13 f.) consistent the Division's own investment guidelines, and providing that the investment a fixed rate of interest not dependent on any index or external factors. Repurchase agreements of fully collateralized securities, subject to rules and conditions establish by the N.J. Department of Community Affairs. No investment or deposit shall have a maturity longer than five (5) years from date of purchase. 3.) Authorized Depositories In addition to the above, the Commission is authorized to deposit funds in certificates of deposit and other time deposits in banks covered by the Governmental Unit Depository Protection Act, NJSA 17:9-14 et seq. (GUDPA). The Commission is also authorized to invest its assets in the New Jersey Cash Management Fund. 4.) Authority for Investment Management The Treasurer is authorized and directed to make investments, with a maturity of three months or longer, through asset managers that may be selected by the Executive Committee. Such asset managers shall be discretionary trustees of the COMMISSION. Their actions and decisions shall be consistent with this plan and all appropriate regulatory constraints. In executing investments, asset managers shall minimize transaction costs by querying prices from at least three (3) dealers and purchasing securities on a competitive basis. When possible, federal securities shall be purchased directly from the US Treasury. Transactions shall not be processed through brokerages, which are organizationally affiliated with the asset manager. Transactions may also be processed through the New Jersey Division of Investment by the Commission's asset managers. 5.) Preservation of Capital Securities shall be purchased with the ability to hold until maturity. 6.) Safekeeping Securities purchased on behalf of the Commission shall be delivered electronically or physically to the Commission s custodial bank, which shall maintain custodial and/or safekeeping accounts for such securities on behalf of the Commission. 12

14 7.) Selection of Asset Managers, Custodial Banks and Operating Banks Asset managers, custodial banks and operating banks shall be retained for contract periods of one (1) year. Additionally, the Commission shall maintain the ability to change asset managers and/or custodial banks more frequently based upon performance appraisals and upon reasonable notice, and based upon changes in policy or procedures. 8.) Reporting 9.) Audit Asset managers will submit written statements to the Treasurer and Executive Director describing the proposed investment strategy for achieving the objectives identified herein. Asset managers shall also submit revisions to strategy when justified as a result of changing market conditions or other factors. Such statements shall be provided to the Treasurer and Executive Director. The statements shall also include confirmation that all investments are made in accordance with this plan. Additionally, the Investment Manager shall include a statement that verifies the Investment Manager has reconciled and determined the appropriate fair value of the Commissions portfolio based on valuation guidelines that shall be kept on file in the Executive Director s office. The Treasurer shall report to the Executive Committee at all regular meetings on all investments. This report shall include information on the balances in all bank and investment accounts, and purchases, sales, and redemptions occurring in the prior month. This plan, and all matters pertaining to the implementation of it, shall be subject to the Commission s annual audit. 10.) Cash Flow Projections Asset maturity decisions shall be guided by cash flow factors payout factors supplied by the Commission Actuary and reviewed by the Executive Director and the Treasurer. 11.) Cash Management All moneys turned over to the Treasurer shall be deposited within forty-eight (48) hours in accordance with NJSA 40A:5-15. In the event a check is made payable to the Treasurer rather than the Commission, the following procedure is to be followed: a.) b.) The Treasurer endorses the check to the Commission and deposits it into the Commission account. The Treasurer notifies the payer and requests that in the future any check be made payable to the Commission. 13

15 The Treasurer shall minimize the possibility of idle cash accumulating in accounts by assuring that all amounts in excess of negotiated compensating balances are kept in interest bearing accounts or promptly swept into the investment portfolio. The method of calculating banking fees and compensating balances shall be documented to the Executive Committee by the Treasurer at least annually. Cash may be withdrawn from investment pools under the discretion of asset managers only to Commission operations, claims imprest accounts, or approved dividend payments. The Treasurer shall escheat to the State of New Jersey checks, which remain outstanding for twelve or more months after the date of issuance. However, prior to implementing such procedures, the Treasurer, with the assistance of the claims agent, as needed, shall confirm that the outstanding check continues to represent a valid claim against the Commission. 14

16 RESOLUTION NO BURLINGTON COUNTY INSURANCE COMMISSION DESIGNATING COMMISSION TREASURER WHEREAS, the BURLINGTON COUNTY INSURANCE COMMISSION (hereinafter BCIC ) is duly constituted as an Insurance Commission pursuant to N.J.S.A. 40A:10-6 et seq.; and WHEREAS, the BCIC requires the services of a Treasurer, and WHEREAS, Edward J. Troy has demonstrated the skill and possesses the qualifications to perform the duties of Treasurer for the County Insurance Commission; WHEREAS, the Commission authorizes the appointment of Edward J. Troy as BCIC Treasurer for the term commencing upon adoption of the within resolution through 2014 BCIC Reorganization; and BE IT FURTHER RESOLVED that Edward J. Troy shall receive no compensation to serve as Treasurer to the BCIC. ADOPTED by THE BURLINGTON COUNTY INSURANCE COMMISSION at a properly noticed meeting held on January 9, ADOPTED: BY: PETER NELSON, VICE CHAIRMAN ATTEST: MICHAEL D. SMITH, COMMISSIONER 15

17 RESOLUTION NO BURLINGTON COUNTY INSURANCE COMMISSION DESIGNATING AUTHORIZED SIGNATURES FOR COMMISSION BANK ACCOUNTS BE IT RESOLVED by the Burlington County Insurance Commission (hereinafter the Commission) that all funds of the Commission shall be withdrawn from the official named depositories by check, which shall bear the signatures of at least two (2) of the following persons who are duly authorized pursuant to this resolution, except for those checks in the amount of $100,000 or more and in that instance at least three signatures shall be required; and BE IT FURTHER RESOLVED that the funds in the amount of $2,500 or less, withdrawn from the official named depositories by check prepared by the Commission s Claims Administrator for the purposes of satisfying workers compensation claims, such checks shall bear the signature of at least one (1) of the following persons who are duly authorized pursuant to this resolution. Edward Troy, Treasurer Peter Nelson, Vice Chairman Michael D. Smith, Commissioner ADOPTED by THE BURLINGTON COUNTY INSURANCE COMMISSION at a properly noticed meeting held on January 9, ADOPTED: BY: PETER NELSON, VICE CHAIRMAN ATTEST: MICHAEL D. SMITH, COMMISSIONER 16

18 RESOLUTION NO INDEMNIFYING BURLINGTON COUNTY INSURANCE FUND COMMISSION OFFICIALS/EMPLOYEES WHEREAS, the BURLINGTON COUNTY INSURANCE COMMISSION (hereinafter BCIC ) is duly constituted as an Insurance Commission pursuant to N.J.S.A. 40A:10-6 et seq.; and WHEREAS, the BCIC has the authority and deemed it necessary and appropriate to formally reorganize for the 2014 commission year; and NOW THEREFORE BE IT RESOLVED by the BCIC that Commission elected officials, appointed officials, and employees are hereby indemnified in a manner similar to the provisions of N.J.S.A. 59:10-1, et seq. and 59:10A-1 et seq.; and BE IT FURTHER RESOLVED that the aforesaid indemnification shall include the reasonable costs of defense; and BE IT FURTHER RESOLVED that in interpreting the above referenced statutes, all discretion statutorily vested with the State shall be exercised by the BCIC, and all discretion vested with the Attorney General shall be exercised by the BCIC Attorney, subject to review by the BCIC; and BE IT FURTHER RESOLVED that any employee, inclusive of public officials employed by the BCIC, shall be and is hereby indemnified for exemplary or punitive damages resulting from the employee s civil violation of State or Federal law if, in the opinion of the BCIC, the acts committed by the employee, upon which the damages are based, did not constitute actual fraud, actual malice, willful misconduct, or an intentional wrong; and BE IT FURTHER RESOLVED that the aforesaid indemnification shall include the reasonable costs of defense and shall permanently attach to all acts performed during the calendar year 2014 through 2014 BCIC Re-organization, and to all acts performed in all prior years thereto; and BE IT FURTHER RESOLVED that the BCIC may undertake an evaluation of the acts committed by an employee, for the purpose of determining whether the acts constituted actual fraud, actual malice, willful misconduct, or an intentional wrong, at such time as there shall be sufficient factual data available to reach a reasonable determination on the issue, and such determination, based upon the availability of information, may be made either prior to or subsequent to trial or settlement of the matter in question. ADOPTED by THE BURLINGTON COUNTY INSURANCE COMMISSION at a properly noticed meeting held on January 9,

19 ADOPTED: BY: PETER NELSON, VICE CHAIRMAN ATTEST: MICHAEL D. SMITH, COMMISSIONER 18

20 RESOLUTION NO BURLINGTON COUNTY INSURANCE COMMISSION AUTHORIZING COMMISSION TREASURER TO PROCESS CONTRACTED PAYMENTS AND EXPENSES WHEREAS, the BURLINGTON County Insurance Commission (hereinafter the Commission ) is duly constituted as an insurance commission and is subject to all applicable laws and regulations of the State of New Jersey; and WHEREAS, the Board of Commissioners has deemed it necessary and appropriate to provide authorization to the Commission Treasurer to pay certain Commission contracted payments and expenses during the month(s) when the Commission does not meet; and WHEREAS, payment by the Commission Treasurer of contracted payments and expenses for the month(s) in which the Commission does not meet shall be ratified by the Commission at its next regularly scheduled meeting; now, therefore, BE IT RESOLVED by the Board of Commissioners of the BURLINGTON COUNTY INSURANCE COMMISSION that the Commission Treasurer is hereby authorized to process the contracted payments and Commission expenses for all months in which the Commission does not meet during the year BE IT FURTHER RESOLVED that the Board of Commissioners of the BURLINGTON COUNTY INSURANCE COMMISSION shall ratify the contracted payments and Commission expenses so paid by the Commission Treasurer pursuant to the Resolution at its next regularly scheduled monthly meeting. ADOPTED by THE BURLINGTON COUNTY INSURANCE COMMISSION at a properly noticed meeting held on January 9, ADOPTED: BY: PETER NELSON, VICE CHAIRMAN ATTEST: MICHAEL D. SMITH, COMMISSIONER 19

21 BURLINGTON COUNTY INSURANCE COMMISSION 2014 PROPOSED BUDGET ANNUALIZED BUDGET PROPOSED BUDGET APPROPRIATIONS FY2013* FY2014 Increase/Decrease I. Claims and Excess Insurance $ % Claims 1 Property 126, , % 2 Liability 223, , % 3 Auto 69,570 69, % 4 Workers' Comp. 1,804,203 1,690,287 (113,916) -6.31% 5 6 Subtotal - Claims 2,224,277 2,110,361 (113,916) -5.12% 7 8 Premiums 9 NJCE FUND 1,769,370 1,887, , % SubTotal Premiums 1,769,370 1,887, , % 12 Total Loss Fund 3,993,647 3,997,502 3, % II. Expenses, Fees & Contingency Claims Adjustment 118, ,200 (6,651) -5.60% 17 Safety Director % 18 General Expense 19 Exec. Director 167, , % 20 Actuary 7,500 7, % 21 Auditor 6,100 6, % 22 Attorney 38,000 38, % 23 Treasurer % Misc. Expense & Contingency 37,419 25,000 (12,419) % Total Fund Exp & Contingency 375, ,358 (19,070) -5.08% 29 Risk Managers 7,369 7, % XS JIF Ancilliary Coverage 33 POL/EPL % 34 XS POL/EPL % 35 Excess Liability % 36 Crime Program 12,561 12, % 37 Medical Malpractice 108,324 33,324 (75,000) % 38 Pollution Liabilty 19,453 12,450 (7,003) % 39 Employed Lawyers Liab % Total FUND Disbursements 4,516,781 4,419,711 (97,070) -2.15% Resolution Premium Cancellation Credit (4,958) 44 Total FUND Disbursements Incl Premium Cancellation Credit 4,516,781 4,414,753 (102,028) -2.26% *NJCEL annualized assessment reflects 1/ 2 year with Meadowbrook Program NJCEL proposed assessment reflects EQUALIZED Loss Fund 20 Total

22 BURLINGTON COUNTY INSURANCE COMMISSION 2014 PROPOSED BUDGET FY2013 Annualized Assessment FY2014 Proposed Assessment Difference $ Difference % Member Name Prem Cancellation NJCEL BCIC Total NJCEL BCIC Credit Total NJCEL BCIC Total NJCEL BCIC Total Burlington County 1,602,671 2,080,945 3,683,615 1,619,651 1,935,279 (4,443) 3,550,486 16,980 (145,666) (133,129) 1.06% -7.00% -3.61% Burlington County Bridge Commission 281, , , , ,380 (515) 779,900 19,052 9,492 28, % 2.02% 3.73% Burlington County Bd of Social Services 25,054 56,241 81,295 24,791 59,577-84,367 (263) 3,336 3, % 5.93% 3.78% Totals: 1,909,707 2,607,074 4,516,781 1,945,475 2,474,236 (4,958) 4,414,753 35,768 (132,839) (102,028) 1.87% -5.10% -2.26% 21

23 NEW JERSEY COUNTIES EXCESS JOINT INSURANCE FUND 9 Campus Drive Suite 16 Parsippany, NJ Telephone (201) Fax (201) Date: December 12, 2013 To: From: Subject: Executive Committee Burlington County Insurance Commission PERMA Risk Management Services New Jersey Counties Excess Meeting Report 2014 Fund Year Budget: Last month, the Fund introduced the proposed 2014 budget, which was advertised in the Fund s designated newspapers. Following the public hearing, the Board of Fund Commissioners reviewed and adopted the 2014 budget totaling $13,833,776. Transfer of Expenses & Ancillary Coverages: Each fund year since inception carries an available expense, ancillary and excess insurance premiums surplus. Executive Director reported after review of the Local Budgets Law it was deemed permissible to cancel unexpended balances. The Board of Fund Commissioners accepted the recommendations of the Executive Director as noted below and adopted Resolution authorizing the cancellation of unexpended appropriations from the Expense & Contingency Fund Accounts for years 2010, 2011 and 2012: Transfer Fund Years 2010 and 2011 Expense & Ancillary balances to the current fund year and allocate these amounts back to the respective Commission members as premium credits against their 2014 assessment. Transfer Fund Year 2012 Expense balance to the current fund year and allocate this amount to offset the 2013 premium increase as a result of the mid-year carrier transition. New Membership Reviews: New Member Reviews for Mercer, Cape May and Hudson Counties were reviewed during Closed Session. In Open Session, the Board of Fund Commissioners adopted Resolution to offer membership to each County. Claim Reporting Requirements Updated: Underwriters at Lloyd s (Brit), the fund s carrier for Excess Liability, now requires all claims to be reported to them which arise from Law Enforcement activities. In addition there was a change in Starr Indemnity s TPA. A memorandum dated 12/7/13 has been distributed to all local Commission TPA s on the updated reporting procedure and TPA. 22

24 Claims Status Summary: CompServices Inc. prepared a summary report of any claims with large open reserves to be reviewed during Closed Session. The Board of Fund Commissioners adopted Resolution authorizing the need for closed session. Financials: Executive Director reported that the Fund s surplus as of September 30, 2013 is $3,527,852. Underwriting Manager: Underwriting Manager provided the following summary report for the 2014 renewal program: Property Form As reported last month, Zurich is modifying their 2014 offering and making changes to the property form, which is expected to clarify intentions of coverage. Property Underground Piping - Underwriting Manager said Zurich is reviewing the distance limit with respect to Underground Piping, which currently is subject to a $10million sub-limit and a distance restriction of within 1,000 of a pump station, process plant, metering pit, wells or similar operational locations which are owned, leased, used occupied or intended for use by the member entity. Underwriting Manager said negotiations have increased that distance limit to one (1) mile, which is a significant enhancement; however further discussions are required to review the coverage implications for member entities that currently have utility authorities. Underwriting Manager requested the authority to bind coverage with the proviso of the one (1) mile underground piping distance limit and also to pursue an alternate or additional program if necessary. Excess Liability Underwriting Manager said the budget shows a 5% increase for this second layer of excess liability coverage currently provided by CV Starr. Quotes have been received from other carriers and Underwriting Manager requested the board s authority to pursue an alternate program if it is equal to/better than the current program. POL/EPL Underwriting Manager reported quotes are being finalized and one change was decreasing Gloucester County s Self-Insured Retention (SIR) from $175,000 to $100,000, which reflects a reduction back to the expiring deductible. Medical Malpractice Underwriting Manager reported there was one change to Salem County Department of Corrections SIR, which increased from $5,000 to $25,000 due to claim activity. Executive Director said the Underwriting Manager has gone through great effort to remarket the casualty program, property program, medical malpractice, pollution and POL/EPL. The Board of Fund Commissioners approved authorization for the Underwriting Manager to bind coverage of the 2014 renewal program, as well as review additional programs for underground piping and excess liability to determine equal to/better than coverage. The Extraordinary Unspecifiable Services (EUS) statements for the 2014 renewal program will be included in the January agenda for ratification. Risk Control: Safety Consultant reviewed a report reflecting the risk control activities from November to December. 23

25 NJCE Website: The fund s website, continues to be updated on an as-needed basis with fund information. Next Meeting: The Board of Fund Commissioner scheduled the next meeting for January 23, 2014 at 1:00 p.m. at the Camden County Emergency Regional Training Room 129 Boardroom Blackwood, NJ. 24

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28 From 12/1/13 to 12/31/13 Burlington County Insurance Commission Certificate Of Insurance Monthly Report Thursday, January 2, 2014 Holder Description of Issue Holder (H) / Insured Name (I) Holder / Insured Address Code Operations Date Coverage Burlington H- Mount Holly Township 23 Washington Street Mount Holly, NJ Evidence of insurance for the Burlington County Lyceum Of 12/4/2013 PR I- County of Burlington 49 Rancocas Road Mt. Holly, NJ History and Natural Sciences located at 307 Hight Street, Mt. Holly, NJ effective 11/1/13. CLD H- Mount Holly Township 23 Washington Street Mount Holly, NJ Evidence of insurance for the Burlington County Lyceum Of 12/4/2013 GL EX AU WC I- County of Burlington 49 Rancocas Road Mt. Holly, NJ History and Natural Sciences located at 307 Hight Street, Mt. Holly, NJ effective 11/1/13. CLD H- Burlington County Historical Society 457 High Street Burlington, NJ Evidence of insurance regarding the Duck Decoy Exhibit at the 12/5/2013 PR I- County of Burlington 49 Rancocas Road Mt. Holly, NJ Historic Smithville Park. CLD H- Burlington County Historical Society 457 High Street Burlington, NJ Certificate holder is additional insured where obligated by virtue 12/5/2013GL EX AU WC I- County of Burlington 49 Rancocas Road Mt. Holly, NJ of a written contract or written mutual aid agreement or other written agreement with the Named Assured, but only in respect to acts or operations by or on behalf of the Named Assured, and subject to the limitations on coverage contained in any such written contract or written mutual aid agreement or other written agreement regarding (SEE PAGE 2) H- National Children's Alliance 516 C. Street NW Washington, DC Evidence of insurance. All operations usual to County 12/12/2013 GL EX AU WC I- County of Burlington 49 Rancocas Road Mt. Holly, NJ Governmental Entity as respects a Grant. CLD Total # of Holders = 5 27

29 BURLINGTON COUNTY INSURANCE COMMISSION FINANCIAL FAST TRACK REPORT AS OF OCTOBER 31, 2013 ALL YEARS COMBINED THIS YTD PRIOR FUND MONTH CHANGE YEAR END BALANCE 1. UNDERWRITING INCOME 376,173 3,761,725 4,688,874 8,450, CLAIM EXPENSES Paid Claims 125, , ,526 1,291,195 Case Reserves 252, , ,171 1,391,976 IBNR (47,167) 291, , ,404 Discounted Claim Value (13,919) (58,046) (102,503) (160,549) Total Claims 316,579 1,439,528 2,027,497 3,467, EXPENSES Excess Premiums 158,916 1,589,163 1,758,713 3,347,876 Administrative 28, , , ,987 Total Expenses 187,553 1,879,689 2,185,174 4,064, UNDERWRITING PROFIT (1-2-3) (127,959) 442, , , INVESTMENT INCOME 259 3,308 2,645 5, STATUTORY PROFIT (4+5) (127,700) 445, , , Investment in Joint Venture (4,041) 108, , , STATUTORY SURPLUS (6+7) (131,741) 554, ,630 1,178,311 SURPLUS (DEFICITS) BY FUND YEAR 2012 (132,167) 141, , , , ,145 TOTAL (131,741) 554, ,630 1,178,311 CLAIM ANALYSIS BY FUND YEAR THIS YTD PRIOR FUND MONTH CHANGE YEAR END BALANCE FUND YEAR 2012 Paid Claims 42, , , ,423 Case Reserves 182,720 (31,530) 779, ,641 IBNR (69,624) (347,291) 653, ,012 Discounted Claim Value (7,139) 31,607 (102,503) (70,896) Total Claims 148,508 (123,317) 2,027,497 1,904,180 FUND YEAR 2013 Paid Claims 83, , ,773 Case Reserves 69, , ,335 IBNR 22, , ,392 Discounted Claim Value (6,780) (89,654) - (89,654) Total Claims 168,071 1,562,846-1,562,846 COMBINED TOTAL CLAIMS 316,579 1,439,528 2,027,497 3,467,025 This report is based upon information which has not been audited nor certified by an actuary and as such may not truly represent the condition of the fund. 28

30 NEW JERSEY COUNTIES EXCESS JIF FINANCIAL FAST TRACK REPORT AS OF OCTOBER 31, 2013 ALL YEARS COMBINED THIS YTD PRIOR FUND MONTH CHANGE YEAR END BALANCE 1. UNDERWRITING INCOME 1,086,923 10,835,134 23,215,876 34,051, CLAIM EXPENSES Paid Claims 5,299 46,876 38,135 85,011 Case Reserves (109,989) (778,751) 1,586, ,358 IBNR 167,197 2,088,382 3,911,756 6,000,138 Discounted Claim Value (79,595) (175,372) (889,400) (1,064,772) Total Claims (17,088) 1,181,135 4,646,600 5,827, EXPENSES Excess Premiums 1,256,535 7,830,711 14,657,878 22,488,589 Administrative 83, ,622 1,791,676 2,560,298 Total Expenses 1,340,023 8,599,333 16,449,554 25,048, UNDERWRITING PROFIT (1-2-3) (236,012) 1,054,666 2,119,722 3,174, INVESTMENT INCOME 2,519 29,936 90, , STATUTORY PROFIT (4+5) (233,493) 1,084,603 2,209,757 3,294, DIVIDEND STATUTORY SURPLUS (6-7) (233,493) 1,084,603 2,209,757 3,294,360 SURPLUS (DEFICITS) BY FUND YEAR 2010 (4,961) 54, , , , , ,829 1,064, , , ,324 1,005, (339,848) 622, ,599 TOTAL (233,493) 1,084,603 2,209,757 3,294,360 FUND YEAR 2010 CLAIM ANALYSIS BY FUND YEAR THIS YTD PRIOR FUND MONTH CHANGE YEAR END BALANCE Paid Claims Case Reserves - (177,175) 178,182 1,007 IBNR - 106, , ,993 Discounted Claim Value 5,180 20,226 (128,786) (108,560) Total Claims 5,180 (50,774) 802, ,440 FUND YEAR 2011 Paid Claims Case Reserves - (450,015) 700, ,010 IBNR - 85,015 1,174,975 1,259,990 Discounted Claim Value (13,040) 77,375 (299,125) (221,750) Total Claims (13,040) (287,625) 1,575,875 1,288,250 FUND YEAR 2012 Paid Claims 5,299 46,876 38,135 85,011 Case Reserves (109,995) (151,581) 707, ,321 IBNR (5,299) (65,290) 1,983,963 1,918,673 Discounted Claim Value 6,685 63,687 (461,489) (397,802) Total Claims (103,310) (106,308) 2,268,511 2,162,203 FUND YEAR 2013 Paid Claims Case Reserves IBNR 172,496 1,962,482-1,962,482 Discounted Claim Value (78,420) (336,660) - (336,660) Total Claims 94,082 1,625,842-1,625,842 COMBINED TOTAL CLAIMS (17,088) 1,181,135 4,646,600 5,827,735 This report is based upon information which has not been audited nor certified by an actuary and as such may not truly represent the condition of the fund. 29

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34 BURLINGTON COUNTY INSURANCE COMMISSION BILLS LIST Resolution No JANUARY 2014 WHEREAS, the Treasurer has certified that funding is available to pay the following bills: BE IT RESOLVED that the Burlington County Insurance Fund Commission, hereby authorizes the Commission Treasurer to issue warrants in payment of the following claims; and FURTHER, that this authorization shall be made a permanent part of the records of the Commission. FUND YEAR 2013 CheckNumber VendorName Comment InvoiceAmount PERMA RISK MANAGEMENT SERVICES POSTAGE FEE 11/ CRAIG, ANNIN & BAXTER, LLP ATTORNEY FEE 12/ COURIER TIMES INC. LEGAL ADV. 12/12/13 - PROPOSED BUDGET COURIER TIMES INC. LEGAL ADV. 11/14/ COURIER TIMES INC. LEGAL ADV. 12/12/13 - MEETING SCHEDULE TOTAL PAYMENTS FY , FUND YEAR 2014 CheckNumber VendorName Comment InvoiceAmount PERMA RISK MANAGEMENT SERVICES EXECUTIVE DIRECTOR FEE 01/ , , THE ACTUARIAL ADVANTAGE ACTUARIAL SERVICES FEE 01/ TOTAL PAYMENTS FY , TOTAL PAYMENTS ALL FUND YEARS $ 15, Chairperson Attest: Dated: I hereby certify the availability of sufficient unencumbered funds in the proper accounts to fully pay the above claims. Treasurer 33

35 BURLINGTO N CO UNTY INSURANCE CO MMISSIO N SUMMARY O F CASH TRANSACTIO NS - ALL FUND YEARS CO MBINED Current Fund Year: 2013 Month Ending: O ctober Prop Liab Auto WC NJ CEL Admin TO TAL OPEN BALANCE 206, , , ,310, (516,194.94) 55, ,363, RECEIPTS Assessments 37, , , , , , ,327, Refunds Invest Pymnts Invest Adj Subtotal Invest Other * TOTAL 37, , , , , , ,327, EXPENSES Claims Transfers , , , , Expenses , , Other * (147.00) (147.00) TOTAL , , , , , END BALANCE 243, , , ,731, , , ,541,

36 SUMMARY O F CASH AND INVESTMENT INSTRUMENTS BURLINGTO N CO UNTY INSURANCE CO MMISSIO N ALL FUND YEARS CO MBINED CURRENT MO NTH O ctober CURRENT FUND YEAR 2013 Description: Instrument #1 Instr #2 Instr #3 ID Number: Ins Comm Gen Claims-WC & 0 Maturity (Yrs) Purchase Yield: TO TAL for Al l Accts & instruments Opening Cash & Investment Balance $2,363, (0.00) 0 Opening Interest Accrual Balance $ Interest Accrued and/or Interest Cost $0.00 $0.00 $0.00 $ Interest Accrued - discounted Instr.s $0.00 $0.00 $0.00 $ (Amortization and/or Interest Cost) $0.00 $0.00 $0.00 $ Accretion $0.00 $0.00 $0.00 $ Interest Paid - Cash Instr.s $ $ $0.00 $ Interest Paid - Term Instr.s $0.00 $0.00 $0.00 $ Unrealized Gain (Loss) $0.00 $0.00 $0.00 $ Net Investment Income $ $ $0.00 $ Deposits - Purchases $1,327, $1,327, $0.00 $ (Withdrawals - Sales) ($149,930.58) ($149,930.58) $0.00 $0.00 Ending Cash & Investment Balance $3,541, $3,541, ($0.00) $0.00 Ending Interest Accrual Balance $0.00 $0.00 $0.00 $0.00 Plus Outstanding Checks $41, $41, $0.00 $0.00 (Less Deposits in T ransit) $0.00 $0.00 $0.00 $0.00 Balance per Bank $3,583, $3,583, ($0.00) $

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42 BURLINGTON COUNTY INSURANCE COMMISSION SAFETY DIRECTOR S REPORT TO: FROM: Fund Commissioners J.A. Montgomery Risk Control, Safety Director DATE: January 2, 2014 December - January 2014 RISK CONTROL ACTIVITIES JIF MEETINGS ATTENDED / TRAINING PRESENTED December 3: Attended the BCIC meeting in Mount Holly. December 9: Attended a meeting at the BCIC Resource Recovery Complex to review Confined Space issues. December 17: Attend the BCIC Claims Committee meeting via conference call. UPCOMING JIF MEETINGS / TRAINING PLANNED January 9: Plan to attend the BCIC meeting in Mount Holly. January 13: One session of LOTO is scheduled for the BCIC Solid Waste department. January 29 & 30: One 10 Hour OSHA General Industry Course is scheduled for BCIC Bridge Commission. 41

43 CEL MEDIA LIBRARY USAGE ( ): 2012 MONTH AGENCY # of Videos August BCIC - Bridge Commission Police MONTH AGENCY # of Videos January 0 February 0 March MONTH AGENCY # of Videos April 0 May 0 June 0 July 0 August 0 September BCIC Engineering 4 October 0 November 0 December 0 42

44 From: To: Glenn Prince, Risk Control Consultant Mr. Michael Smith Date: January 6, 2014 Subject: S:ERVE Emergency Responder Driver Training Burlington County Insurance Commission Mr. Smith, Safety: Emergency Responder Vehicle Education (S:ERVE) is an online driver simulation and curriculum created to educate law enforcement, EMS and other emergency responders to drive at their safest in emergency response scenarios in an effort to reduce collision rates. This program is being made available to us by our excess workers compensation carrier, Safety National. This highly interactive online simulator guides users through a series of situations in which decision making is key. Users prioritize their vehicle handling and emergency task activities while experiencing situations related to typical emergency response or pursuit operations. In addition, we have recently been advised that Safety National is currently in negotiations with their vendor to add an additional module on Distracted Driving for Police. We will forward additional information, as soon as it becomes available. Please share the following information with your County Safety Committee to determine the best way to make use of the allocations which are listed below together with your Class Identification. Included with this letter is the S:ERVE program brochure. 43

45 BURLINGTON COUNTY INSURANCE COMMISSION POLICE Allocations 150 Class ID# NJCE:Burlington02P Instructions for accessing website are listed below. 1. Click on this link to access the Safety National Intersection Analysis course: 2. Enter Your Specific Class ID 3. Enter Your Student Number (Please do not use Social Security Numbers or personal information.) Consider a Station Number, radio designation number, etc. Recommended is use of a badge number with the individual s three (3) LOWER CASE initials following. For example, nomenclature of the student identification would be 1234abc. Individual trainees must use the same exact login information (class ID, student number, first name and last name) each time they login in order for the bookmarking feature to work and produce an individual training record. 4. Enter First Name 5. Enter Last Name 6. If you forget or misplace your Class ID or Student Number, contact your individual county representative for this project. 7. Complete Lessons 1 through 5 starting with Lesson 1. You must complete a final quiz after finishing Lesson 5. Use a sign-in sheet to track attendance if completing the course as a group Complete the test either individually or as a group When all five lessons have been successfully completed, a link will appear that says View Certificate. When clicked, a Window will open with the certificate for printing. If the link cannot be accessed, you can also contact J. A. Montgomery Risk Control for blank certificates at If training is completed in a classroom setting as a group, certificates of completion will have to be issued manually. Contact J. A. Montgomery Risk Control for blank certificates at Completion of a brief course evaluation at the end would be appreciated. Very truly yours, Glenn Prince Risk Control Consultant JA Montgomery Risk Control office c: Insurance Commission Executive Director David McHale, JA Montgomery Risk Control 44

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53 RESOLUTION NO BURLINGTON COUNTY INSURANCE FUND COMMISSION RESOLUTION FOR CLOSED SESSION WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L permits the exclusion of the public from a meeting in certain circumstances; and WHEREAS, this public body is of the opinion that such circumstances presently exist; now, therefore, BE IT RESOLVED by the Burlington County Insurance Fund Commission, County of Burlington, State of New Jersey, as follows: 1. The public shall be excluded from discussion of the hereinafter-specified subject matter. 2. The general nature of the subject matter to be discussed: CONTRACTS: LITIGATION: PARS PERSONNEL: 3. It is anticipated at this time that the above subject matter will be made public when the members of the Burlington County Insurance Fund Commission have made final determination. 4. This resolution shall take effect immediately. ADOPTED by THE BURLINGTON COUNTY INSURANCE COMMISSION at a properly noticed meeting held on January 9, ADOPTED: BY: PETER NELSON, VICE CHAIRMAN ATTEST: MICHAEL D. SMITH, COMMISSIONER 52