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HomeMy WebLinkAboutMinutes - Minutes - Risk Management and Worker's Compensation Trust Board - Meeting Date: 11/13/2019. C&* eienda�e A N A MINUTES WORKERS' COMPENSATION TRUST FUND BOARD CITY HALL HUMAN RESOURCES TRAINING ROOM 5850 W. GLENDALE AVE. GLENDALE, ARIZONA 85301 NOVEMBER 13, 2019 10:00 A.M. Present: Gary Deadorff, Chair Yvonne Knaack, Vice Chair Vicki Rios, Assistant City Manager Ray Malnar, Councilmember Raymond Johnson, Board Member 1. CALL TO ORDER: GARY DEARDORFF TO CALL TO ORDER Roll Call and Call to Order 8:38 AM 2. CITIZEN COMMENTS If citizens wish to speak on a matter concerning the Workers' Compensation Trust Fund Board that is not on the printed agenda, please complete a Citizen Comments Card and provide it to the Risk Manager prior to the beginning of the meeting. Once your name is called by the Chairperson, please proceed to the podium and state your name and address for the record. Please limit your comments to a period of three minutes or less. 3. APPOINTMENT OF NEW TRUSTEE - VICKI RIOS At the August 22, 2019 meeting, City Council appointed Vicki Rios to serve as a Trustee on the Risk Management and Workers' Compensation Trust Fund boards. Ms. Rios was sworn in and presented her Loyalty Oath for execution. Ms. Rios' term expiration is January 31, 2021. Staff provided an updated Risk Management and Workers' Compensation Trust Fund Boards List of Trustees, their contact informaiton and term expirations. 4. APPROVAL OF THE MINUTES Motioned by Councilmember Ray Malnar, seconded by Assistant City Manager Vicki Rios to approve May 15, 2019 Workers' Compensation Trust Fund Board Minutes. AYE: Chair Gary Deadorff Vice Chair Yvonne Knaack Assistant City Manager Vicki Rios Councilmember Ray Malnar Board Member Raymond Johnson Passed a. Workers' Compensation Trust Fund Board Minutes of May 15, 2019 5. MOTION TO ENTER INTO EXECUTIVE SESSION: TRUSTEE NEEDS TO MAKE MOTION TO ENTER INTO EXECUTIVE SESSION Motioned by Vice Chair Yvonne Knaack, seconded by Councilmember Ray Malnar to enter into Executive Session. AYE: Chair Gary Deadorff Vice Chair Yvonne Knaack Assistant City Manager Vicki Rios Councilmember Ray Malnar Board Member Raymond Johnson Passed 6. DISCUSSION OF WORKERS' COMPENSATION CLAIMS AND LAWSUITS Staff asked the workers' compensation attorney, Todd Lundmark with Lundmark, Barberich, LaMont & Slavin PC to present an overview of the cancer presumptions law. A slaims loss run of open works' compensation claims provided to the Board at the meeting. As of October 31, 2019, the City had 121 Open Claims. Of those, 79 are Indemnity (full benefits) and 19 are medical only claims. Lorena Sanchez, Workers' Compensation Program Manager and Lora Pedro, CorVel Workers' Compensation Adjuster for the City to provide an overview in Executive session of those open claims with material changes since the last meeting that exceed %50,000 as listed below. 0487 -WC -00-0500124 0487 -WC -05-0500030 0487 -WC -12-0500076 0487 -WC -14-0500025 0487 -WC -18-0000101 0487 -WC -18-0000137 0487 -WC -18-0000191 0487 -WC -20-0000032 0487 -WC -13-0500131 0487 -WC -17-0000243 0487 -WC -18-0000065 0487 -WC -18-0000193 0487 -WC -19-0000254 Risk Management received 128 employee injury claims in FY 2019. Of those 128 claims received, 98 received medical only and 36 received full benefits. The chart below shows a comparison by FY. The City experienced close to 12% decrease in total claims reported from the prior FY. (See Figure 1) 0487 -WC -00-0500124 0487 -WC -05-0500030 0487 -WC -12-0500076 0487 -WC -14-0500025 0487 -WC -18-0000101 0487 -WC -18-0000137 0487 -WC -18-0000191 0487 -WC -20-0000032 0487 -WC -13-0500131 0487 -WC -17-0000243 0487 -WC -18-0000065 0487 -WC -18-0000193 0487 -WC -19-0000254 Risk Management received 128 employee injury claims in FY 2019. Of those 128 claims received, 98 received medical only and 36 received full benefits. The City experienced close to 12% decrease in total claims reported from the prior FY. The total incurred for FY 2019 was $541,735. The average total incurred loss per claim was $4,232, which resulted in approximately 78% decrease from the prior fiscal year. This decrease is as a result of fewer Indemnity claims reported for FY 2019, coupled with the fact we had two catastrophic claims received in FY 2018. The total paid in employee injury claims for FY 2019 was $2,003,029. Of that, $472,759 was in Indemnity, $1,053,348 was in Medical, and $476,922 was in Expense payments. Again, the increase in Medical payments was due to the two catastrophic claims received in FY 2018 and increasing medical costs. 7. MOTION TO RECONVENE REGULAR SESSION: TRUSTEE NEEDS TO MAKE MOTION TO LEAVE EXECUTIVE SESSION Motioned by Board Member Raymond Johnson, seconded by Councilmember Ray Malnar to reconvene into Regular Session. AYE: Chair Gary Deadorff Vice Chair Yvonne Knaack Assistant City Manager Vicki Rios Councilmember Ray Malnar Board Member Raymond Johnson Passed 8. OVERVIEW OF OPEN MEETING LAW Aaron Schepler, Assistant City Attorney, provided Trustees with an annual review of the open meeting law. 9. ACTUARIAL ANALYSIS OF THE SELF-INSURED WORKERS' COMPENSATION PROGRAM EXTRAPOLATED TO JUNE 30, 2019 Aon Risk Solutions completed their actuarial analysis of the Workers' Compensation Trust Fund from data extrapolated to June 30, 2019. A copy of the report is attached. The actuary conducted the analysis on a fiscal year basis. The actuary was provided with the following information: 3 year's annual payroll, 10 years claims data including claims payments and current reserves, city operating budget, interest rate and CAFR and Risk Management operating expenses. 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 $6,851,961, see page 6 of the report. An increase of $521,000 from the previous study attributed to the following:+$2.0 million from the additional year (2018/2019) of exposure, -$2.0 million for claim payments made during 2017/2018, and +$0.5 million due to an increase in projected ultimate losses for claim periods 2017/2018 and prior. There was a claim (#0487 -WC -15-0000252) in 2014/15 with an increase in case reserves by $219,OOO.The Industrial Commission of Arizona (ICA) requires entities to fund based upon 125% of their liabilities or by actuarial analysis, whichever is greater. This is the minimum amount of funds that are needed in the trust fund to pay current unpaid claims (outstanding losses). ICA analyzes claims data provided December 1 each year and determines the 125% of the City's liabilities. If there are sufficient funds available to cover these liabilities, they authorize continuation of self-insurance. They also require additional funds be set aside to pay new claims (future losses). The ICA's minimum funding level for 2019 is $5,685,221, which is lower than the current actuarial analysis at a 55% confidence. Therefore, the Actuarial amount is required. The projected ultimate losses (new future claims) to be paid for fiscal year 2019/2020 is estimated at $2,170,000 see page 8. For budgeting purposes, they are projecting during fiscal year 2019/2020 that we will make claims payments totaling $2,291,420, see page 9. 10. DISCUSSION OF WORKERS' COMPENSATION TRUST FUND FISCAL YEAR 2019/2020 REVENUE AND EXPENSES A spreadsheet of the WC Trust Fund for FY 2019/2020 as of 11/7/19 was handed out. In the column entitled "2020", the total revenue received to date is $2,677,381. Of that amount $8,667 is from interest income, $2,668,714 from self-insurance premiums. All premiums for the current FY have been deposited into the Trust Fund. In the same column, total expenses paid to date in FY 2020 is $1,207,052. Of that amount $949,209 is for payment of claims and $127,687 from claims recoveries received, $295,816 for payment of professional and contractual fees and $89,714 is for administrative and general expenses. The 2019 ICA minimum balance at 125% of known liabilities is $5,685,221. The ICA requirement is below the actuary's amount for outstanding losses at a 55% confidence level; therefore, we must keep the fund at the actuarial (higher) number. The actuary projected outstanding losses at $6,851,961. The fund's current balance is $8,931,599 which exceeds the actuarial minimum by $2,079,638. ICA best practice requires the fund balance to be maintained above the minimum and have funds to pay the actuarial projected losses for the year which is $2,291,420, and to have enough funds to pay three (3) self-insured losses ($1,000K). Currently the fund is below ICA best practice. Staff continues to closely monitor the fund to ensure we maintain the minimum required balance. If the balance is to drop below the minimum, we are required to notify the ICA immediately. This will put our ability to self -insure without posting a security deposit at risk. 11. DISCUSSION AND APPROVAL OF ARIZONA SELF-INSURANCE FOR WORKERS' COMPENSATION AND WAIVER OF SECURITY DEPOSIT 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 deposit 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 within 30 days 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 December 1, 2019. The ICA will meet with their ICA Board in January or February, 2020 to consider and approve our request. We will update the Trustees after the ICA has met. The City calculates the 2020 required minimum security deposit at $5,751,636, per the attached ICA Workers' Compensation Liability Form. The projected balance at October 30, 2019 is $8,931,599 which is $3,179,963, 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 July 16, 2019 actuarial report is projecting an amount of $6,851,961, which is greater than the security deposit. The required minimum balance to be maintained in the Trust Fund cannot drop below $6,851,961, during calendar year 2020. The Fund balance is adequate to meet the statutory minimum requirements. Staff is recommending the Trustees recommend City Council 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 2020. A draft resolution for consideration by City Council is attached. The ICA regulation is the Trust Fund to have funds available above the minimum to pay claims during the year. The actuarial projection for claims payments for 2020 is $2,291,420. This ensures the fund has money available to pay claims and still maintain the minimum balance. Adding the projected claims payments of $2,291,420 to the actuarial minimum, $6,851,961, means the WC trust fund balance should be $9,143,381. Currently, the fund is below that amount by $3,179,963. Staff will continue to monitor this fund. There is a $1,000,000 contingency held for the fund in the event additional revenue is needed, with the approval of City Council. Motioned by Assistant City Manager Vicki Rios, seconded by Vice Chair Yvonne Knaack to approve the Arizona Self -Insurance for Workers' Compensation and Waiver of Security Deposit. AYE: Chair Gary Deadorff Vice Chair Yvonne Knaack Assistant City Manager Vicki Rios Councilmember Ray Malnar Board Member Raymond Johnson Passed 12. DISCUSSION AND APPROVAL OF WORKERS' COMPENSATION TRUST FUND FY 2018/2019 ANNUAL REPORT TO CITY COUNCIL At the May 13, 2019 Board meeting staff provided the information regarding the renewal of the excess workers' compensation insurance. The final result of the renewal is as follows. Alliant obtained a quite from the incumbent carrier, Safety National for statutory excess workers' compensation coverage fwith a $1,000,000 self-insured retention and employer's liability with limits up to $2,000,000, a 2 -year rate guarantee (0.157) and $5,000 available for loss control services. The cost of the coverage is $219,290.51. No other carriers, could compete with Safety National. Staff finalized and placed the coverage with Safety National and the premium was paid from the Workers' Compensation Trust Fund. Motioned by Vice Chair Yvonne Knaack, seconded by Board Member Raymond Johnson to approve the Workers' Compensation Trust Fund FY 2018/2019 Annual Report to City Council. AYE: Chair Gary Deadorff Vice Chair Yvonne Knaack Assistant City Manager Vicki Rios Councilmember Ray Malnar Board Member Raymond Johnson Passed 13. UPDATE ON JULY 1, 2019 RENEWAL OF EXCESS WORKERS' COMPENSATION INSURANCE 14. BOARD APPRECIATION EVENT - COYOTES GAME MARCH 18, 2020 Annually as an appreciation event, the City invites members of its Boards and Commissions to attend a hockey game at Gila River Arena. Each Board member may bring a guest with them to the event. The Risk Management and Workers' Compensation Trust Fund Board has been invited to attend the game against Las Vegas on Wednesday, March 18, 2020. This year we will be joined with the Public Safety Personnel Retirement System Board, Personnel Board and Jucicial Selection Advisory Board. The event is intended as an opportunity for the city to thank you for your volunteer services to our community. The suite will not have food or beverage however, food for purchase is available throughout the arena. This specific event date is reserved for our Board and no make-up dates will be available if you are unable to attend this year. Additional information will be provided as the game date gets closer. Board members will be required to pick up their tickets when they are made available. We hope that you will all participate in this fun event. 15. NEXT MEETING The next regular meeting of the Workers' Compensation Trust Fund Board will be held in February or March of 2020, located at 5850 W. Glendale Ave, Glendale, Arizona, 85301. 16. ADJOURNMENT Motioned by -Vice Chair Yvonne Knaack, seconded by Board Member Raymond Johnson to adjourn meeting. AYE: Chair Gary Deadorff Vice Chair Yvonne Knaack Assistant City Manager Vicki Rios Councilmember Ray Malnar Board Member Raymond Johnson Passed The Workers' Compensation Trust Fund Board meeting minutes of November 13, 2019 were submitted and approved this 21 st day of May, 2020. /s/Dianne Shoemake Dianne Shoemake Recording Secretary 4,I1(�Vt�, 7_,ca�xvc�