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HomeMy WebLinkAboutMinutes - Minutes - Risk Management and Worker's Compensation Trust Board - Meeting Date: 6/1/2017 Minutes Risk Management Trust Fund Thursday, June 1, 2017 - 9:00 AM Council Chambers, Room B3 5850 W. Glendale Avenue Glendale, AZ 85301 Members Present Gary Deardorff, Chair Tom Duensing, Trustee Yvonne Knaack, Vice-Chair Ray Malnar, Councilmember Ken Wixon, Trustee Staff Present Lorena Sanchez, Risk& Safety Analyst Dianne Shoemake, Risk Manager Hillary Zagara, Risk Technician 1. Call to Order Gary Deardorff called the meeting to order at 9:00 AM. Yvonne Knaack, Ken Wixon were present for the roll call. Tom Duensing and Ray Malnar arrived late at 9:09 AM. 2. Approval of November 29,2016 Risk Management Trust Fund Board Meeting Minutes The minutes were provided to the Trustees. Yvonne Knaack moved to approve the minutes as written and it was seconded by Ken Wixon. The motion carried with 3 Ayes and 0 Nays. 3. AgendaQuick Training Dianne Shoemake advised Julie Bower and Darcie McCracken from the City Clerk's office will provide the board an overview of the AgendaQuick Software system for board agenda's, resolutions and minutes. Julie Bower advised the City Clerk's office purchased new software for use with Board packets. This is to streamline the format and create continuity with all boards, commissions and city council. Darcie explained how the Board and the public can access, download and print the board packet information. The information is found on the City of Glendale's website, boards and commissions page. Each member can subscribe to receive an email when the board packet is ready for viewing. Yvonne Knaack and the other board members asked that staff print hard copies of the board book for use during the meeting. Ray Malnar congratulated Julie and Darcie on putting AgendaQuick together and felt it would be a great resource for the City. Dianne Shoemake acknowledged that Ray Malnar and Tom Duensing had joined the meeting during the presentation. 4. Fiscal Year 2017/2018 Property and Liability Insurance/Excess Insurance Renewals Staff provided the following information. City of Glendale Ordinance, Chapter 2, Administration, Article 5. Financial Affairs, Division 5. Risk Management Trust Fund, Section 2-207 Insurance provides that"The city risk manager, acting for the city manager, is authorized to enter into, on behalf of the city, any appropriate commercial insurance, alternative risk financing and surety bonding contracts to provide such risk insurance as determined to be in the best interests of the city". Staff worked with our broker, Alliant Insurance Services on the renewal of the property and liability programs. Alliant has been placing insurance for cities for over 25 years. Their insurance placements include all lines of coverage placed through a proprietary group purchase program for public entities across the United States. Placement is underwritten and priced on a group basis without sharing the risks of the entire group. Alliant obtained quotations for excess or commercial insurance as follows: property coverage including auto physical damage, cyber, boiler and machinery, pollution, crime and builders risk, excess liability coverage including automobile, general, errors and omissions, employment practices, employee benefits and commercial insurance for airport, deferred comp fiduciary and a special liability policy for Glendale Regional Public Safety Training Center(GRPSTC). Except for excess liability, the quotes for all coverage remained flat based upon the same terms and conditions but with some changes in values,payroll and total employees. The excess liability increased 29% due to the current atmosphere involving policing activities and our loss experience. Staff provided a spreadsheet of Renewal Projections that listed each type of coverage,the expiring costs and the estimated costs. The total projected not to exceed cost for property and liability coverage for FY 2017/18 is $1,356,178 versus $1,142,673 for last fiscal year. Alliant will continue to work with the carriers to obtain additional reductions prior to binding the policies. Property Insurance The policy provides coverage for damage to city assets up to $1,000,000,000 with varying deductibles. Our"all risk" deductible on property is $100,000, except for flood which is $500,000, automobile physical damage is $25,000 and unscheduled property (tunnels, bridges, dam's roads, streets, sidewalks, traffic signals, etc.) is $500,000. The property coverage also provides limited coverage for pollution liability for all above and underground storage tanks, seepage and contamination, cost of clean-up for pollution and mold for NEW conditions found. Our current coverage for underground storage tanks is self-insured up to $750,000 and is excess any other insurance. This coverage does not meet the financial assurance requirements of ADEQ since we self-insure the first$750,000. Our current policy does not provide coverage for existing asbestos and lead based paint. The final quote for property insurance is $377,192 compared to $373,105 for the prior FY. The city's total insured property values are $773,474,356 which is an .8% increase from the prior year due to a slight increase in property values. The coverage terms and conditions remained the same. The property market has been soft this year with underwriters willing to provide decreases based on the lack of catastrophe losses. For insureds, like us, who have had several large property losses in the past couple of years, our premium remained flat. The property coverage includes cyber liability. There is coverage for information security and privacy liability, regulatory defense and penalties, website media content liability, cyber extortion loss, data protection loss and business interruption with separate $2,000,000 aggregate limits. Privacy notification costs have a sublimit up to $1,000,000 and PCI Fines and Penalties up to $100,000. The coverage is subject to a$25,000,000 Alliant cyber program aggregate. The City has a$100,000 deductible. The cyber • program aggregate is for all insureds in the pool and for all claims made against the policy. One large loss or multiple losses in one year by the pooling group could use up the total aggregate limit of insurance. We obtained a quotation for enhanced cyber liability that provides coverage for notification costs that are not subject to the $25,000,000 program aggregate, provides a lower deductible and no monetary cap for credit monitoring and call center services. The estimated cost of the enhanced coverage is $25,169 compared to $23,969 for the prior fiscal year. The coverage is based upon the City's total operating budget. The deductible is reduced from $100,000 per occurrence to kick in after 100 individuals have been notified. The average cost of notification is $295. The deductible would be reduced to approximately $29,500. This addition provides up to 250,000 per person notification services. The city purchases crime insurance which provides protection for the city's money and securities up to $10,000,000 in limits with a$50,000 per occurrence deductible. Due to an increase in the total employee count the premium increased slightly. The total not to exceed cost is $31,375 compared to $28,523 for the prior fiscal year. The city purchases a fiduciary liability policy which covers the Deferred Compensation Plan/Deferred Compensation Committee with$5,000,000 limits with a$5,000 deductible. Due to an increase in the total funds contributed,the premium-increased slightly. The total not to exceed cost is $14,243 compared to $12,948 for the prior fiscal year. The city purchases a public employees blanket bond (required by ordinance) which covers the Risk Management and Workers' Compensation Trust Fund board with limits to $10,000. The policy cost$180, same as the expiring policy. Staff recommended renewing with Alliant's Property Insurance Program as detailed above not to exceed$448,159. Excess Liability Staff continued to report the following information. The city's excess liability insurance provides coverage on an occurrence basis up to a$50,000,000 limit with a$1,000,000 self-insured retention(SIR). This means that the first$1,000,000 of each occurrence is for the City to pay. Last fiscal year's carriers were AmTrust who provided the first layer of coverage up to $10,000,000 with Navigators Specialty Insurance providing the second layer up to $15,000,000 and Arch Insurance Company providing the third layer up to $25,000,000. AmTrust has been placed on AM Best watch list and is expected to pull out of the public entity market. Thus, Alliant sent bids out to market for quotations. For the primary layer, $10,000,000 excess our$1,000,000 SIR, Alliant marketed to 13 carriers who have the potential to underwrite a program of this size. Staff provided a Marketing Report. Out of those carriers, we have received three quotations as follows: Alliant Municipal Liability Program $858;226 Primary layer only $10M XS $1M SIR (Great American) $40M excess above primary$402,000 Through Navigators and Arch Compared to $691,217 all layers last FY Total estimated premium all layers $1,260,226 Prices are actuarial driven, very conservative, loss history 1St layer 82% increase from expiring police atmosphere/environment • Munich Re American Risk $994,080$10M limits; $20M annual agg. for Law enforcement liability, Sexual abuse, sexual harassment and wrongful acts $40M excess above primary $402,000 Total estimated premium all layers $1,396,080 Safety National (also excess WC Carrier) $474,777 Primary layer$10M XS $1M SIR Coverage limits not as broad Genl/Auto $2M occ/$4M agg Public Officials/Emp. Prac. $2M/$4M Excess above $8M with $3M annual agg for sexual abuse and molestation Total estimated premium all layers $894,777$40M excess above primary $420,000 higher, may have to drop to primary to fill in above aggregates 2°d year offering program—may improve program with time The quotes provided above are not to exceed numbers. Staff recommended placing the excess liability coverage with Safety National at a not-to-exceed cost of$894,777 compared to $691,217 last FY or$203,506 more (29% increase). Alliant will continue working with the carriers to see if further discounts can be obtained. We expect final firm quotes by mid to end of June. The city purchases a separate airport owners and operator's general liability policy with $20,000,000 in limits on an occurrence basis including bodily injury and property damage liability, products and completed operations,personal injury and advertising injury, hangar keepers, non-owned aircraft liability, and fire damage liability. This policy is needed to provide coverage for the airport operations hazards which are not covered in the excess liability policy. There is no self-insured retention and no deductible. The carrier held the premium at $7,800, which is the same as last year. The city also purchases a small liability insurance policy to protect the Glendale Regional Public Safety Training Center(GRPSTC) with$2M in limits and a$5,000 deductible. This policy was required to meet our financing obligations. Due to the payoff of that debt, a separate policy is no longer required. However, we recommend continuing with the coverage. This facility partners with five public entities (City of Surprise, City of Peoria, City of Avondale and Maricopa County Community College District) who use and share the costs based upon their agreements with the City. The total cost sharing of all other entities does not exceed 25% of the facility costs. Since this facility is used by all partners and the costs shared, we recommend continuing to purchase this separate insurance policy. The carrier has paid one claim for a trip and fall injury amounting to $125,000 plus their cost of attorney's fees. The City paid, and shared the cost, of the $5,000 deductible. If not for this policy, the City would have paid the claim plus legal fees less the 25% cost sharing. Adding this exposure into the self-insurance pool would increase the premium paid by the department and have an impact on the general fund. The not to exceed quote is $5,622 and the expiring is $5,111. This coverage does not renew until 9/29/2017. Staff recommended renewing the Liability Program as detailed above not to exceed $908,199. Additionally, staff reported the property and liability insurance premiums are paid from the Risk Management Trust Fund. For the coverages described above, the total not to exceed premium for both property and liability is $1,356,178. (excluding workers' compensation). This amount is included in the budget being proposed to City Council. Last FY total premium was $1,142,673, an estimated increase of$213,505 over last year. Gary Deardorff moved and Ray Malnar seconded to approve renewal of the property and liability programs not to exceed $1,356,178. The motion carried with 5 Ayes and 0 Nays. 5. Discussion of Actuarial Study of the Self-Insured Liability and City Property Program as of December 31, 2016, extrapolated to June 30, 2017. Staff provided the following information to the Board. Aon Risk Solutions completed the actuarial analysis of the Risk Management Trust Fund self-insured liability program and property program from data extrapolated to June 30, 2017. Staff provided a copy of both reports, Actuarial Study Liability 6-30-17 and Actuarial Study Property 6-30-17. The actuary conducted the analysis on a fiscal year basis. Self-Insured Liability Program The actuary was provided with the following information, 3 years annual payroll, 10 years claims data including claims payments and current reserves as of December 31, 2016, city operating budget, interest rate and CAFR. Currently the City has a$1,000,000 self-insured retention(SIR). The actuarial report provides the following: > Estimate of outstanding losses (cost of unpaid claims)—This estimate of outstanding losses includes allocated loss adjustment expenses (ALAE), claims reserves, development of known claims and incurred by not reported (IBNR) claims limited to the SIR > Project Ultimate Limited Losses—This is a projection of future losses (the amount of money needed to pay claims). The amount is limited to the self-insured retention. > Project Losses Paid—This is an estimate of the claims payments expected to be made during the fiscal year. > Comparison to the Previous Actuarial Study > Affirm GASB Statement No. 10 Compliance In the report, Table III-1, column 2 "Estimated Outstanding Losses" of the report,the amount of money needed to pay expected claims (outstanding claims) is $2,070,650, see page 4, GASB 10 requires funding of expected claims at a 55% confidence level. This is the minimum amount of funds that are needed in the trust fund to pay current outstanding claims. The estimate decreased by about$354,00 from the previous study of$2,400,000 as of June 30, 2016. The change consisted of: • $1.1 million increase from an additional year (2016/17) of exposure • $1.2 million decrease for claim payments made during 2016/17 and • $207,000 decrease due to a decrease in projected ultimate losses for claim periods. 2015/16 and prior and a decrease in total reserves by $675,000 The projected ultimate limited losses (future claims) to be paid for fiscal year 2016/17 is estimated at $1,051,000, see page 6, Table III-2B, (A) Expected, column 4 titled "Projected Ultimate Losses". The prior study was $1,286,349 which is $235,349 less than this year's study. The projection of losses paid (payments expected to be paid during the fiscal year) is $1,363,345, see page 7, Table I1I-3, column 2. The prior projection was $1,286,349. On Page 8 the estimated cost per claims per$1,000 of Operating budget for this FY is $2.69. On Page 9, the estimated cost per claim per$1M of operating budget is $4,785. The frequency of claims decreased to .45 per$1M of operating budget. We received 168 claims in FY 2015/16 compared to 188 claims for the prior fiscal year. Self-Insured Property Program Staff continued reporting to the Board the following information. The actuary completed an analysis of the self-insured city property program. The city is self-funded are various levels for damage to its property which is paid out of the Risk Management Trust Fund. When damage to city property occurs, Risk Management acts as the city's insurance office and determines when losses are covered and reimburses city departments based upon the property damage reimbursement procedure. The actuary was provided'with the following information to complete the analysis: > History of self-insured retentions/deductibles > Five years of loss data • Property values from FY 2008/09 through 2015/16. On page 4, the actuary provides the estimate of outstanding losses at$687,157. The estimate increased from the previous study by about$301,081 as of June 30, 2016. This is due to an increase in losses since we began paying the property damage from the Fund in 2014/15. The changes consisted of the following: $825,000 increase from the additional year(2016/17) of exposure $425,000 decrease for claim payments made during the FY $71,000 decrease in projected ultimate losses for claims periods 2015/16 and prior On page 5, the projected ultimate limited losses (future losses) is $825,000. This amount is limited to the self-insured retentions. On page 6 claims payments expected to be made during the upcoming fiscal year(project losses paid) is $601,398. The estimated total current outstanding losses (current claims) for both liability and city property is $2,757,807 ($2,070,650+ $687,157). The information contained in the actuarial report was provided to Finance for the development of rates to be charged to the Departments for their insurance premiums. The next actuarial report will be completed in February 2018. 6. Discussion of Risk Management Trust Fund FY 2016/2017 Revenue and Expenses The current ending fund balance on a budget basis is $4,455,214. Staff provided a spreadsheet of the total revenues and expenses paid from the Risk Management Trust Fund as of May 25, 2017. The spreadsheet is called FY 2016/17 revenue and expenses for the Risk Management Trust Fund 2540. In the column entitled "2017 FYTD", the total revenue received to date is $3,177,616 which is $138,616 higher than what was expected. Of the revenue received, $20,393 is from interest income, • $57,936 from stadium security fees, $2,803,168 from self-insurance premiums and $296,119 from recoveries. • Total expenses paid is $2,256,004. Of that amount$819,496 is for payment of claims, $1,247,920 for payment of professional and contractual fees (actuarial, brokerage, insurance premiums) and $188,588 for administrative and general expenses. The total expenses are trending as expected. The ending fund balance is $4,455,214. The actuary completed their analysis and recommended the minimum balance to be held in the fund at the 55% confidence as required by GASB 10. The minimum balance for both liability and property is $2,757,807. Currently, the fund is $1,697,407 above the minimum required. This is due to claims payments being lower than budgeted. Since claims are being resolved at the claim stage, litigation expenses have been greatly reduced. Risk Management benchmarks itself against the industry based upon the total cost of risk (TCOR) to the organization. The TCOR is determined by dividing the total cost of both risk management and workers' compensation trust funds divided by the City's operating budget. The TCOR should be no more than 3 percent of the City's operating budget. Currently our TCOR is at 2%. 7. Property and Liability Claims and Litigation Update Staff provided the Board with an update on the status of three cases, claim R2015265 which settled for $150,000, new claim R2016464 involving the police department and R20.16144 involving damage to City property. 8. New Business No new business for discussion. 9. Adjournment • Yvonne Knaack moved to adjourn the meeting which was seconded by Ray Malnar. The meeting was adjourned at 10:09 AM. Submitted by: Dianne Shoemake