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HomeMy WebLinkAboutMinutes - Minutes - Risk Management and Worker's Compensation Trust Board - Meeting Date: 5/3/2023 (3)047 Glendale A P I Z O N A MINUTES WORKERS' COMPENSATION TRUST FUND BOARD CITY HALL HUMAN RESOURCES TRAINING ROOM 5850 W. GLENDALE AVE. GLENDALE, ARIZONA 85301 MAY 3, 2023 8:30 A.M. 1. CALL TO ORDER Chair Deadorff called the meeting to order at 8:33 AM. 2. ROLL CALL. at 8:35 AM Present: Gary Deadorff, Chair Ray Malnar, Councilmember Vicki Rios, Board Member Raymond Johnson, Vice Chair Also Present: Dianne Shoemake, Risk Manager Lorena Sanchez-Zumph, Workers' Compensation and Risk Program Manager Kathleen Thomas, Risk and Safety Analyst Sam Garza, Risk and Safety Program Manager Ashley Wallace, Assistant City Attorney Stephanie Guizar, Risk Management Specialist Attendees: Monica Kloskowski, CorVel Corporation Vice President 3. CITIZEN COMMENTS: -Vice President Monica Kloskowski from CorVel Corporation, who is the City of Glendale's Workers' Compensation third party administrator, was present at the meeting. 4. APPROVAL OF THE MINUTES OF NOVEMBER 9, 2022 Motioned by Councilmember Ray Malnar, seconded by Board Member Vicki Rios to approve minutes of the November 9, 2022 board meeting. AYE: Chair Gary Deadorff Board Member Vicki Rios Councilmember Ray Malnar Vice Chair Raymond Johnson Passed 5. MOTION AND CALL TO ENTER INTO EXECUTIVE SESSION at 8:37 AM -Upon a public majority vote of a quorum of the Risk Management Trust Fund Board, the Board may hold an executive session, which will not be open to the public, regarding any item listed on the agenda but only for the following purposes: (i) discussion or consideration of records exempt by law from public inspection (A.R.S.§ 38-431.03(A)(2)); and (ii) discussion or consultation for legal advice with the city's attorneys (A.R.S. § 38-431.03(A)(3)). Executive Session Legal Matters A. The Risk Management Trust Fund Board will meet with representatives from the City Attorney's Office and Risk Management to receive an update, discuss, and consult regarding the City's position in pending or contemplated litigation, including settlement discussions conducted in order to avoid or resolve litigation. (A.R.S. § 38-431.03(A)(3) and (4)) Motioned by Chair Gary Deadorff, seconded by Board Member Vicki Rios to enter into Executive session. AYE: Vice Chair Raymond Johnson Board Member Vicki Rios Councilmember Ray Malnar Chair Gary Deadorff Passed 6. DISCUSSION AND POSSIBLE ACTION OF WORKERS' COMPENSATION CLAIMS AND LAWSUITS MOTION TO RECONVENE REGULAR SESSION at 8:49 AM Motioned by Board Member Vicki Rios, seconded by Councilmember Ray Malnar to adjourn Executive session and return to open session. AYE: Chair Gary Deadorff Board Member Vicki Rios Councilmember Ray Malnar Vice Chair Raymond Johnson Passed 8. FOR INFORMATION PURPOSES: DISCUSSION OF 2023 WORKERS' COMPENSATION ACTUARIAL REPORT AS OF DECEMBER 31, 2022 TO JUNE 30, 2023. -Annually, Workers' Compensation conducts an actuarial analysis of workers' compensation losses to project fund balance in compliance with GASB Statement No. 10 and to provide the funding level of the workers' compensation trust fund on the amounts expended for self-insurance at a 55% confidence level. The Actuarial Report as of June 30, 2023 reflects workers' compensation losses self -insured retention at $2,500,000 for cancer presumptive losses and $2,000,000 for all other losses. Staff Liaison Dianne Shoemake read the report verbatim and, when needed, explained any points that were not clear in the 2023 Workers' Compensation Actuarial Report as of December 31, 2022 to June 30, 2023, As Staff liaison Dianne Shoemake explained how the ICA requires self -insured entities to maintain their fund balance, she was asked the following: Vice -Chair Ray Malnar asked for clarification on "if the monies that we receive from the states... ir-regardless of what that money is..., we still meet our fund balance requirements?" Staff Liaison Dianne Shoemake, responded by advising that Ray Malnar was correct. Council Member Ray Malnar asked if it "replenishes our fund balance for the following year?" Dianne Shoemake, said to Ray Malnar that he "is correct, as far as the actuary is concerned" and Ray Malnar continued with "But for the following year." Dianne Shoemake confirmed. 9. FOR INFORMATION PURPOSES: DISCUSSION OF WORKERS' COMPENSATION TRUST FUND FISCAL YEAR (FY) 2022-2023 REVENUES, EXPENSES AND FUND BALANCE Staff liaison Dianne Shoemake read the report verbatim and, when needed, explained any points that were not clear on the spreadsheet of the Workers' Compensation Trust Fund FY 2022/2023 revenue and expenses and fund balance, Staff provided an explanation of revenues received, expenses paid and the ending fund balance as of April 10, 2023. The information provided in the spreadsheet is on a budget basis. The ICA requires a minimum balance at 125% of known liabilities or at a 55% confidence level, whichever is greater. The greater amount is the actuary's 55% confidence level. The fund must be maintained at this amount to be in compliance with Arizona statutes for self-insurance. Arizona's statutes were changed last year, now requiring self -insured entities to report to the ICA the status of their fund balance every six (6) months so that they can monitor the fund balance to ensure it meets the statutory requirements. The fund also must have money above the minimum to pay for new losses (projected ultimate limited losses) and money to pay out losses (projected losses paid) during the FY. Council Member Ray Malnar asked: "What are we going to be asking for the general fund to put into here? Are we asking to put another 2.5 million in? Staff Liaison Dianne Shoemake responded with, "We are not...in the Workers' Compensation we asked for 1 million dollars ... We need the 15 million in there, plus what we expect for new losses, so we are adequately funded as of today. But as of July 1, we need an additional 1 million dollars added to this to bring us up to have enough money in place for new losses and what is already there, the known losses." Chair Gary Deardorff asked where the $1 million figure came from? Staff Liaison Dianne Shoemake advised it was estimated between what amount we have in place and the amount we project for known and new losses, and excess Workers' Compensation premiums. Council member Ray Malnar asked: "Why does interest income drop dramatically when the balance is higher?" Board Member Vicki Rios responded that it was a "portion of the year" and at times the funds are put into investments and there is a waiting period to pull out funds. Pulling out funds can cause the city to take a loss if taken out too soon. Staff Liaison Dianne Shoemake advised that she would verify it in the next meeting. 10. DISCUSSION AND ACTION OF FY 23/24 WORKERS' COMPENSATION EXCESS INSURANCE PROGRAM Staff Liaison Dianne Shoemake read the background verbatim and, when needed, explained any points that were not clear in the discussion of the FY 23/24 Workers' Compensation Excess Insurance Program. City of Glendale Ordinance, Chapter 2, Administration, Article 5. Financial Affairs, Division 6. Workers' Compensation Trust Fund, Section 2-219 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, or alternative risk financing to be in the best interests of the city". We have been working together with our broker, Alliant Insurance Services, on the renewal of the excess workers' compensation program. Alliant has been placing insurance for cities for over 28 years. Their insurance placements include all lines of coverage. As discussed in the earlier Risk Management Trust Fund meeting, Chris Tobin, Banesa Laird, and Pamela Dominguez of Alliant will provide a complete overview of the insurance market in the Risk Management Trust Fund Board Meeting, Council Member Raymond Johnson asked if any of the ratings fluctuated or stayed the same? Pamela Dominguez of Alliant advised that the rates have stabalized consistent with neighboring cities. Council Member Raymond Johnson asked if carriers are A- or greater? Pamela Dominguez of Alliant answered yes. Dianne presented motion for the Workers' Compensation FY 23124 excess insurance program with the completion of questions. Motioned by Vice Chair Raymond Johnson, seconded by Councilmember Ray Malnar to approve and recommend to the City Council for approval of the Workers' Compensation FY 23124 excess insurance program not to exceed $500,477.00. AYE: Chair Gary Deadorff Councilmember Ray Malnar Board Member Vicki Rios Vice Chair Raymond Johnson Passed 11. NEXT MEETING The next regular meeting of the Workers' Compensation Trust Fund Board will be held on August/September 2023, location to be determined. 12. ADJOURNMENT Motioned by Chair Gary Deadorff, seconded by Councilmember Ray Malnar to adjourn the meeting g at 9:15 AM AYE: Chair Gary Deadorff Board Member Vicki Rios Councilmember Ray Malnar Vice Chair Raymond Johnson Passed The Workers' Compensation Trust Fund Board meeting minutes of May 3, 2023 were submitted and approved this 17th day of May, 2024. (" -t r-V a#-1 IAA Michael Andersen Recording Secretary