3.25.040 City workers compensation self-insurance fund.
(a) For the purpose of providing for the payment of workers compensation claims arising on and after February 17, 1981, and all other expenses required to be paid by the City as a self-insurer of workers compensation, there is hereby established the City workers compensation self-insurance fund in the City treasury.
(b) The City workers compensation self-insurance fund shall be liable to pay:
(1) All workers compensation claims arising on and after February 17, 1981, and all other expenses required to be paid by the City as a self-insured employer under the workers compensation law of this State, as amended.
(2) The amount that the City is liable to pay of the carrier’s share of expense of the administration of the office of the State Workers Compensation Director, as provided in K.S.A. 74-712 through 74-719, inclusive, for the period from January 1, 1981, to December 31, 1981, and for each fiscal year beginning January 1st thereafter.
(3) The cost of administering the City workers compensation self-insurance fund including the defense of such fund and any costs assessed to such fund in any proceeding to which it is a party, including administrative costs necessary for the operation of the City workers compensation self-insurance fund. For the purposes of workers compensation claims, all City departments and agencies are hereby deemed to be a single employer whose liability specified in this section is hereby imposed solely upon the City workers compensation self-insurance fund, and such employer is hereby declared to be a fully authorized and qualified self-insurer under K.S.A. 44-532, and any amendments thereto, and such employer shall be required to make any reports required thereafter, except that such fund shall not apply to the employment of any firefighters who are members of the Firefighters Relief Association and for whom a valid statement of election to exempt such members from the provisions of the Workers Compensation Act has been filed with the Director of Workers Compensation by the City Council of such Firefighters Relief Association as provided in K.S.A. 44-505d, and amendments thereto.
(c) The City Council may act as a self-insurer under the State Workers Compensation Act (K.S.A. 44-501 et seq.). As the Council has elected to act as a self-insurer, it shall by resolution create a separate fund in the budget and accounts of the City which shall be a reserve fund for the payment of workers compensation claims, judgments and expenses. Payments to such reserve fund may be made from moneys available to the City under provisions of K.S.A. 44-505c, and amendments thereto, and by the transfer of moneys from any other funds or accounts of the City in reasonable proportion to the estimated cost of providing workers compensation benefits to the employees of the City compensated from such funds. Any balance remaining in such reserve fund at the end of the fiscal year shall be carried forward into the reserve fund for succeeding fiscal years. Such fund shall not be subject to provisions of K.S.A. 79-2925 through 79-2937 inclusive, and acts amendatory thereof or supplemental thereto, except that, in making the budget of the City, the amounts credited to and the amount on hand in such reserve fund, and the amount expended therefrom, shall be included in the annual budget for the information of the residents. Interest earned on the investment of moneys in such fund shall be credited to such fund. If the City Council shall determine on an actuarial basis that money which was credited to such fund, or any part thereof, is no longer needed for the purposes for which it was established, the Council may transfer such amount not needed to the funds or accounts from which the money was received. Any money so transferred shall be budgeted in accordance with the provisions of K.S.A. 79-2925 through 79-2937 as amended and any other applicable State law provisions. This section shall be construed as supplemental to and as part of the State Workers Compensation Act.
(d) The Legal Department shall administer the City workers compensation self-insurance fund, and all payments from such fund shall be upon warrant checks of the City issued pursuant to vouchers approved by the Director of Administrative and Financial Services or designee.
(e) All moneys received for the City workers compensation self-insurance fund shall be remitted to the City Treasurer. Upon receipt of any such remittances, the City Treasurer shall deposit the entire amount thereof in the City treasury to the credit of the City workers compensation self-insurance fund. (Ord. 17226 § 86, 1-27-98. Code 1995 § 2-325.)