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HomeMy WebLinkAboutMinutes - Minutes - Risk Management and Worker's Compensation Trust Board - Meeting Date: 11/6/2013 Minutes Workers' Compensation Trust Fund Wednesday, November 6, 2013 - 6:00 PM City Hall - Council Chambers, Room B2 5850 W. Glendale Avenue Glendale, AZ 85301 Members Present Tom Duensing John Stern, President Julie Stiak, Trustee Sandra Oates, Trustee Members Absent Yvonne Knaack, Vice-Mayor and Trustee Staff Present Dianne Shoemake, Risk Manager Lorena Sanchez, Risk & Safety Analyst Nick DiPiazza, Acting City Attorney (via teleconference) Jim Brown, Executive Director HR& Risk Management Shannon Rodriguez, Employee Development Coordinator/Org Development 1. Call to Order John Stern called the meeting to order at 8:05 PM. 2. Approval of August 7, 2013 Workers' Compensation Trust Fund Board Meeting Minutes Dianne Shoemake provided the minutes to the Trustees. Julie Stiak moved to approve the minutes which was seconded by Tom Duensing. Motion carried. 3. Discussion of City Ordinance changes to Workers' Compensation Trust Fund Risk Management and Nick DiPiazza advised the Board the following. Risk Management has been working with the City Attorney's office to revise the Workers' Compensation Trust Fund Ordinance to incorporate the following changes. • Create separate code citations for Risk Management and Workers' Compensation Trust Funds which should be treated separately and addressed separately in the code. • Update and add definitions for better clarification • Clarify the roles of the risk management and city attorney's office • Clear definition of a covered entity and coverage provided and what should be excluded • Clear definition for funding, allocation and use of the fund • Address Trustees terms, when they end, what constitutes a quorum,how often to meet and their responsibilities ® Address appropriate expenditures Risk Management provided a draft, with very broad changes to the City Attorney's office in November 2012. Due to changes in management, personnel and council, the revisions were placed on hold due to other priorities. Risk Management met with the City Attorney's office and developed the proposed draft changes to the ordinance. This draft ordinance is provided for discussion and comments. The ordinance will be undergoing review by our finance department, actuary, management team and city manager. You will note that there are a number of comments in the draft that need to be discussed with management during the city's review. The final draft will be presented to City Council for approval. 4. Discussion of Actuarial Study of the Self-Insured Workers' Compensation Program as of June 30, 2013 Risk Management reported the following to the Board. Aon Risk Solutions completed their actuarial analysis of the Workers' Compensation Trust Fund from data extrapolated to June 30, 2013. A copy of the Actuarial Study was provided. The actuary was provided with the following information: 3 years annual payroll, 10 years claims data including claims payments and current reserves, city operating budget, interest rate and CAFR. The actuarial report provides the following: Estimate of outstanding losses - This is an estimate of the total amount of expected losses or the money that will be needed to meet unpaid claims. Project Ultimate Limited Losses—This is a projection of future losses. Project Losses Paid—This is an estimate of the claims payments expected to be made. The actuary's amount of money needed to pay expected claims (estimate of outstanding losses) is $3,150,946, see page 3 of the report. The prior minimum amount was $4,217,568. The decrease is mainly attributed to favorable development in projected losses for the latest two (2) years. 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 unpaid claims. Industrial Commission of Arizona(ICA) requires entities to fund based upon 125% of their liabilities, which could be greater than the actuarial analysis. The claims and liabilities report is due to the ICA December 1 of each year. They analyze the data provided and determine the minimum requirement of the fund. If there are sufficient funds available, they authorize our continuation of self-insurance. They can also require additional funds be set aside to pay claims that have the potential to develop significantly during the year, poor balance or poor financial stability. Currently the ICA's funding level is $3,915,832. This amount is greater than the current actuarial report. The ICA analysis will be submitted again in December, 2013. The projected ultimate losses (future claims)to be paid for fiscal year 2013/2014 is estimated at $1,385,000, see page 5. For budgeting purposes, they are projecting during fiscal year 2013/2014 that we will make claims payments totaling $1,343,059. Based upon the actuarial analysis and the current budget for fiscal year 2013/14, the fund is anticipated to be adequately funded. 5. Discussion of 2013/14 Workers' Compensation Trust Fund Revenue and Expenses as of 10/31/13 Dianne Shoemake provided a spreadsheet listing total revenue and expenses for FY 2013/14 as of 10/31/13. For the period ending 10/31/2013 total revenue is $641,037. Of that amount $1,755 is from interest income, $7,948 is from stadium security fees. We have been working with Finance to determine if the premiums charged to departments for the entire fiscal year can be deposited into the Trust Fund now rather than doing the deposits on a monthly basis. This will allow for better analysis of the fund. To date, total expenses paid from the Fund is $481,276. Of that amount $260,813 is for payment of claims and $223,223 for payment of professional and contractual fees (third party TPA, taxes and insurance premiums, employee physicals and exposure testing). The ending balance is $4,717,796. The actuary completed their analysis as of June 30, 2013. The required minimum balance for this fiscal year is $3,150,946. The Industrial Commission of Arizona(ICA) 125% minimum balance is $3,915,832 as of their analysis in December, 2012. This amount is greater than the actuary's minimum balance. We must maintain the balance at the greater requirement or the ICA's $3,915,832. The ending fund balance is $4,717,796, which is $801,964 above the ICA minimum requirement. The ICA claims reports and filings to analyze our liabilities to determine the ICA 125% required funding level is due December 1, 2013. ICA will evaluate the information provided and inform us as to the new 125%minimum level to be effective January 1, 2014. Risk Management continues to monitor the balance on a monthly basis to ensure that it does not drop below the Industrial Commission required minimum. 6. Discussion of fiscal year 2012/13 Trustees Annual Report to City Council Dianne Shoemake provided a draft report for the Trustees to submit to City Council, as required by city ordinance. The report provided information on risk management, its structure, functions, who manages the fund, department's insurance premiums, insurance and excess insurance, fund balance and actuarial analysis, status of trust fund audit, safety and loss control and accomplishments. The Trustees made no changes to the report and approved for submittal to Council. 7. Discussion of Award of Contract for Workers' Compensation Claims Third Party Administrator A request for proposal was issued for the WC TPA with five companies responding. A seven member panel evaluated the responses received. Proposals were evaluated on compliance with specifications, service and professional effort, cost and references. The top three proposers were interviewed and given an opportunity to provide a best and final quotation. The committee chose CorVel Enterprise Comp., Inc. as the successful proposer saving the City 9% overall on the per claim costs. Staff recommended awarding CorVel the contract. The Board agreed with staffs recommendation. 8. Discussion of Industrial Commission of Arizona(ICA) Self-Insurance Renewal Risk Management reported the following to the Board. Arizona Revised. Statutes (ARS) 11-981 allows a city to self-insure its workers' compensation program for the management, administration and direct payment of workers' compensation benefits. The Industrial Commission of Arizona(ICA) annually requires self-insured entities provide information relating to their claims and liabilities to renew their self-insured status. A public entity may self-insure its workers' compensation liabilities if it has a fully-funded account sufficient to cover liabilities provide funding to the account each year and post a security deposit or letter of credit amounting to 125% of its liabilities. In 2005, R20-5-1114 was created that allowed public entities to be exempted from providing a security deposition or letter of credit. In order to meet the requirements to waive the security deposit, the Trust Fund must maintain a minimum balance equal to the security deposit, but must be adequately funded to show that it still has funds left to pay claims. An exemption from posting the security deposit is made by written request to the ICA before the renewal (January 1 each year). The request must state that the public entity is fully-funded, will be funded each year, that the governing body will immediately notify the ICA if the funding falls below the required amount or has insufficient funds to cover all its liabilities and the exemption request is approved by a majority of the governing body. The report is due to the ICA thirty (30) days prior to the renewal or on December 1, 2013. The City calculates the 2014 required minimum security deposit at $3,731,596.79,per the attached ICA Workers' Compensation Liability Form. The projected balance at 12/31/13 is $5,816,444, which is $2,084,847 greater than the minimum security deposit requirement. If the most recent actuarial report indicates an amount greater than the minimum security deposit, the City shall keep the balance above the actuarial requirement. In this instance, the actuarial report is projecting an amount of $3,150,946, which is less than the security deposit. The required minimum balance to be maintained in the Trust Fund cannot drop below $3,731,596.79 during calendar year 2014. Risk Management is recommending to City Council that they adopt a resolution authorizing the City Manager to request exemption from the requirement by the ICA to post security for the City of Glendale's self-insured workers' compensation claims in calendar year 2014. A draft resolution for consideration by City Council was provided. Staff recommended presenting to City Council a request to ICA to continue self- insurance and a waiver of the security deposit. The Board agreed with staffs recommendation. 9. Appointment of New Trustee, Tom Duensing John Stern presented Mr. Duensing with his loyalty oath for signature. Dianne Shoemake advised that Mr. Duensing was sworn in as a Trustee by City Council at its October 22, 2013 meeting. His term will expire on July 24, 2014. 10. Executive Session Julie Stiak moved to enter into executive session which was seconded by Tom Duensing. Motion carried. Lorena Sanchez provided updates on claims greater than $50,000 and the status of reinsurance reimbursement. Sandra Oates moved to return to regular session which was seconded by Tom Duensing. Motion carried. 11. Adjournment Julie Stiak moved to adjourn the meeting which was seconded by Sandra Oates. The meeting was adjourned at 8:55 PM.