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RESOLUTION NO. 20-71
WHEREAS, the 1970 State Legislature enacted legislation,
subsequently approved by the Governor, and
WHEREAS, Chapter 41.04, Laws of 1970, Extraordinary
Session has become effective relating to Hospitalization and Me d i c a I
Aid for County Employees for the health and welfare of said employees,
and
WHEREAS, the County is responsible for medical coverage for
the employees under the new act, the BOARD OF JEFFERSON COUNTY
COMMISSIONERS, do hereby declare that the sum of not to exceed
three thousand, two hundred seventy eight dollars & eighty seven cents. ($3, 278. 87)
be added to the Current Expense Budget to cover this nondebateable
emergency for the remainder of the 1971 budget year.
ORDERED this 24th. day of May, 1971.
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BOARD OF JEFFERSON COUNTY COMMISSIONERS
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A. . O'Meara, Chairman
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ATTEST:
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Walter A. Kelly,
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ACCEPTANCE O~E TERMS OF THE WASHINCtaN STATE
ASSOCIATION OF COUNTY COMMISSIONERS INSURANCE TRUST
AGREEMENT
The undersigned political subdi,.jsion does hereby accept the terms
of the Washington State Association of ::ounty Commissioners Insuranc-e
Trust Agre<m.ent as amended, which provides a program of group life.
accident. hospital and surgical insurance f"T ..::ount" employees, and con-
sents to be bound thereby and agrees to pay the premiums required to provide
the insurance coverages for eligible county employees.
ThE' Board has applied to the Trustees of the Trust Fund to become
a participating Employer under the aforesaid Trust and for the insurance
coverages for its employees which are provided by the Insurance Trust. The
Board understands that this signed acceptance of the te:':ms of the Trust
Agreement shall not become effecive until after the application of the under-
signed Employer has been approvea by such Trustef!'is.
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Chairman
of
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The foregoing signed acceptance of the teru's f Trust Agreement
as amended became effective on the 1 ~ da.y of
, 19~
on which date the application of the foregoing Empioyer was approved by the
Trustee3.
Managing Tru.stee
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iN WITNESS WHt1t..EOF. the parties hereto have hereunto eet their
hands and ..al. tlUa ' I 12~ clay 6f, ~ I ~61.
TRUSTEi$
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/s' Martin AuaetlJ,
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Board of Co\1Dty Commi.sioller. -
.~.,~~~) Co_ty. Waeh.
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Chahman
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/a/ Lloyd L. Beeka
Is/ Wea P. Brown
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1./ Howard Barne.
/./ Orin Walker
/a/ Howard P. Sorell8en
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. (/{:2/ '02 hlM.4(d . Waehington.
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AMENDED
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INSURANCE 1'1'lUST AG~EMEN'r
WHEREAS. b~\rtain dCUlbti.. bf ti, State of Washington entered into
a trust agreement with thij .ec\iti~. :Board and the Executive Secretary of
the W'SACC on or about the 17th day of December. 1958. for the purpose of
establishirlg a fund to insure the employees of the respective signatory
counties for life and health anc1 accident coverage, in acco!'dance with the
insurance laws and regulations of the State. and
WHEREAS, the parties have determined to make certain am6ndments
in the program that necessitates the alternation of the Trust Agreement. and
WHEREAS. the parties, and all subsequent counties of the State
that determine to become part of the program, do hereby agree that the
December 17, 1958, Insurance Trust Agreement be amended as follows:
NOW, THEREFORE, the parties hereto do herebf agree:
The Executive Board of the WSACC, hereinafter referred to as the
Trustees. does agree to and has contracted with insurance and/or service
carriers to provide health and welfare benefits for the employees of the
several counties hereinafter referred to as Employer, participating in the pro-
gram, and (or all other counties that may subsequently join said program; and
a copy of said contract or contracts is on file at the office of the Trustee at
106 Maple Park. Olympia, Washington. and
The Trustees agree to and are providing the methods of payments by
the Employer and, where necessary, will establish and maintain an insurance
fund out of which premiums on the insurance plan and costs of administration
may be paid.
The Trustees and the Employers do accept the trust agreement upon
the following terms and conditions:
1. The effective date of the origina..t trust agreement was the 1st day
of January, 1959, or with respect to any Employer who after January I, 1959,
executed and delivered its signed acceptance of the terms of the agreement and
said acceptance was approved by the Trustees, the first day of the month co-
incident with or next following such approval.
To any new employer applicants, this Agreement shall not be binding
and effective unless and untU the Employer has executed and delivered to the
Trustees its signed acceptance of the terms of this Amendatory Trust Agree-
ment and unless and until the application has been approved and accepted by
the Trustees. Upon meeting these conditions, the effective date as to the new
Employer shall be the first day of the month eo-incident with or next following
such acceptance and approval.
The anniversary date of this Agr.ement as used herein shall mean
any Janua.ry 1st in any year after the amended agreement takes effect.
2.. Insurance Premium
(a) Each employer shall contribute to and pay over to the
Trustees or to a designated agent or agency each month an amount sufficient
to pay hi. allocated share of the premiums next due on the contract to provide
coverage for his employees.
The amounts transmitted by each employer shall include the Employer
contribution and premiums withheld from employees' wages and such trans-
mittals shall be made payable to the Trustees or to a de.ignatecl agent or
agency. If payable to the Trustees. they shall place them, together with any
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dividends, in the Washington Countie. Insurance Fund, cteat~d Wider the
original 'I'ru~t Ad., tot 1 ~ pay the pr~mium.8 required by lb. i~lta~abce
carrier contract and (Z) to pay all reasonable and n.c~8s;ii'Y eXluih..15 inci-
dent to the admirtistratiob of the tns\1rancf! F\ind as tb.. thI8t.,s in their
die cretion deem proper tor the I()Una and .lfieient adttiinilttation of th'e
te;rms of this agreemeht and of the lnluraiict Fund.
i:f the premiums are payable to a designated agent or agency, the
Trustees shall maintain the Washington Counties Insurance Fund created
under the original trust agreement; and the Trustees, in addition to utilizing
the funds in said insurance fund to defray expenses, when necessary. shall
have the right and power to asse8S participating counties on a yearly basis a
sum sufficient to cover the necessary and reasonable costs of administration.
(b) If any employ"er fails to make the necessary premium payments
and/or assessments to the Trustees or their designated agent or agency as
required by this agreement, the Trustees shall have the power to demand con"
tribution due from said Employer and if upon failure to pay by the Employer,
the Trustees shall. after ten days' written notice, request the insur~nce
carrier to cancel the insurance coverage &8 to such Employer. If. after such
cancellation, there i8 a credit balance in the Insurance Fund to the account of
the Employer over and above any due premiums and costs of administration,
the Trustees shall pay the credit balance to the Employer.
(c) The title of the 'Washington Counties Insurance Fund sha:l be
vested exclusively in the Trustees. The Insurance Fund shall not be subject
to anticipation, alienation, sale, transfer, assignment, attachment, execution,
pledge, encumbrance by any Employer, and any attempt to make it so subject
shall be void. Contributions to the Insurance Fund shall not constitute compen-
sation to the employees of the Employers, and shall not in any manner be
liable for or subject to the debts, contracts, or liabilities of the Employers or
their employees. No employee of an Employer shall have the right to receive
a portion of the Insurance Fund other than to the extent that he qualifies for
benefits in accordance with the terms of the master insurance contract;
Provided, that, the accumulated funds in the Washington Coanties Insurance
Fund from the counties party to the original agreement, in the sum of
$19, lZ7. OZ, plus interest, shall be administered and retained or refunded
01' used to defray expenses or in any manner utilized as the Trustees deem
necessary for the benefit of this amended trust agreement.
(d) This trust is accepted by the Trustees in the State of
Washington and all questions pertaining to its validity, construction and
administration shall be determined in accordance with the applicable laws of
that jurisdiction. The Trustees shall administer the Fund at their business
address at 106 Maple Park, Olympia, Washington, or their hereafter desig-
nated business address.
3. Provisions relating to Trustees
(a) The Tru8tees' duties and responsibilities shall be limited to
the express terms of this Agreement. As to the property in its possession
at any time under this Agreement, the Trustees shall be liable only for safe-
keeping. The Trustees shall not be required to give bond for the performance
of their duties hereunder: Provided, that .uch Trustee ox Trustees or desig-
nated agents as are authorized by a majority of all the Trustees to draw checks
against the Insurance Fund shall be bonded to an amount of not les8 than
$5, 000. 00, and the costs of such bonds are to be an appropriate charge
against the Insurance Fund. The Trustees shall have no liability for any
action taken, allowed or omitted by it in connection with this Agreement in
the absence of the Trustees' wilful misconduct or lack of good faith.
(b) The Trustees shall have the power to designate agents or
agencies to collect permiums for the health and welfare insurance coverage
and shall have the power to provide the method of payment of premiums and
to maintain the Insurance Fund created by the original trust agreement.
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(c) If the Trustees designate ag~ts ~.. a&eneies to coll~ct the
insurance premiums. the Trust.e. shall provide that the aget1ts or agencies
shall make their books of account and r~cordsa*aiiabUI and said books and
records shall be a.udited by the State Auditot~ !>>vlsicD of Munic:ipal
Corporations.
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(d) U' the fru-.tees collect the premiums and manage the Insur..
ance fund comphttiUy, the Trustees shall:
1. Deposit all monies received by them to the ll'Washington
Counties Insurance Fund" which was created in the original trust agreement.
in such bank or banks as they may designate for that purpose. The Trustees
shall not be required to invest such monies so as to obtain income therefrom.
Z. Keep at the place of business of the Insurance FUfid a
copy of the master insurance contract and a true and accurate book of account
and records of their transactions as Trustees. An audit of the Fund and books
and records shall be made annually, or more frequet1t1y as the Trustees
determine, by the State Auditor. Division of Municipal Corporations.
(e) A statement of the results of each audit shall be made
available for inspection by all interested parties at the place of busines s of
the Insurance Fund and a summary of each audit shall be mailed to each
participating Employer. The Trustees shall annually furnish reports to the
Employer as to the status of the Insurance Fund. the share thereof allocable
to the Employer to whom the report is made, and other information pertinent
to the a.dministration of the Insurance Fund.
(f) If the Trustees de8ignate agents or agencies to collect the
insurance premiums and a method of payment other than by the Trustees,
the Trustees, in addition to utilizing Insurance Fund monies to defra)' the
costs, may assess participating counties on a yearly basia a sum sufficient
to cover the necessary and reasonable costa of admini8tration. Said sums
collected shall be deposited in the tnaurance Fund and be payable only by the
Trustees or their designated agent or agent.. Books and records of the In..
surance Fund shall be audited as provided in Article 4, Section (c).
(g) The Trustees shall have the power to create and appoint an
Insurance Advisory committee to a8si8t the Trustees in the management and
operation of the insurance program; and to define the duties, powers, terms,
eligibility. and make up of the committee.
(h) The Trustees may consult and employ legal counsel and
obtain other expert assistance and shall be fully protected in acting, or
permitting or omitting action. upon the advice it may receive from such per-
sons in connection with the plan.
(i) The Truetees shall have the right to require such reports
and the execution of such forms by Employers as are necessary or required
by the Trustees for the fulfillment of the trust aad the requirements of any
insurance carriers' contracts. The Trustees shall have the right at reason"
able times to inspect the payrolls and such other records of each of the
Employers, as a.re pertinent to questions of accuracy, or comprehensiveness
of reports by such Employers. If an Employer shall fail to make or execute
the reports or forms, or permit the inspections provided for herein, within
twenty (ZO) days after demand therefor, the Trustees, after ten (10) days'
notice to the Employer, may request the insurance carriers to cancel the
insurance as to the employees of such Employer and the provisions of Article 6
with respect to termination by an Employer shall apply.
U) No compensation shall be paid to the Trustees for the per..
formance of their duties. However, the Trustees shall be reimbursed for all
teasonable and necessary expenses incurred in the performance of their duties.
(k) The Trustees shall have the power to make conclusive con-
struction of the provisions of this Agreement, exclusive of the terms of the
contracts with the insurance carrier8. and to make all rules and regulations
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in order to carry out the provisions of this Ag~~~rnent. They may in writing
designate one or mor4>oltlletrutlt..s ortbetxecutive Secretary of the Wash-
ington State Assodatl0brlttounty Co.m.tnis.loners as having the power to
authorize action on behalf of all the Tr~t.ej~ 1\ Third Party dealing with the
Trustees may c;onel.ueively presumethlt a6y exercise of power within the
scope ofiluch writteb .d11'6Cltion it au~o"iz6d, by the Trustees and is in accord..
ance with the tetMs of this Agreiithetit, 111 the abs'nce of such written
designation, art, action approved by a majority of the 'trultees shall be con-
clusively binding.
(I) Retiring Trustees shall surrenter to newly elected,
Trustees at the pla.ce ?f business of the Insurance Fund all records, bObkst
documents, policies, contracts, monies and other properties in his possession
which are held by the Trustees for or incident to the carTying out of this Agree-
ment and the administration of the Insurance Fund. The powers of the Trustees
to act, as provided in this Trust Agreement, shall not be limited in any way
during a vacancy in their number.
4. Provisions relating to Insurance
The insurance and/or service carriers shall not be responsible
for the validity of this Agreement, or be re quired to examine into the terms
of this Agreement, or question any act of the Trustees, or Trustees' failure
to act, or Trustees' authority under this Agreement.
5. Termination OJ' Amendrr..ent of Trust
(a) Amendment
This Agreement may be amended at any time by the Trustees
with the consent of the Employers, and upon thirty (30) days' notice to the
Employers. An amendment shall become operative thirty (30) days afteT the
transmittal of a copy of the amendment by the Trustees, by certified or regis-
tered mail, to each Employer, provided that the parties to this Agreement do
not give the Trustees written notice of dissent within such 30-day period.
No amendment shall become operative if Employers representing more than
fifty percent (50%) of the covered employees shall dissent.
(b) Termination
While it is the intention of the parties to this Agreement
that it will continue on a permanent basis. the Agreement may be terminated
on January 1st of any year by fifty percent (50%) of Employers giving the
Trustees written notice of such termination at least thirty-two (3Z) days
prior to such termination date.
Any Employer may termina.te his participation under the
Tru.t on January 1st of any year by giving the Trustees written notice of its
desi:l"e to terminate a.t least thirty-two (3Z) days prior to such termination
date.
Upon termination of the Trust by the Employers. the balance
standing to the credit of each Employer in the Insurance Fund shall be paid to
each Employer. Upon termination by any Employers of his participation
under this Agreement. the balance standing in the Fund to his credit after
setting aside sums sufficient to cover any payments or costs of administration
already incurred at the time of such termination shall be returned to Employer.
6. The provisions of this amendatory trust agreement shall replace
and amend all the provisions of the original trust agreement of the 17th day of
Decembar, 1958, and all the powers and duties of the Trustees and the Em-
ployers set forth herein shall govern over the original trust agreement;
provided that nothing contained herein shall abrogate the provisions of any
contract.
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