HomeMy WebLinkAboutDoc 114 - COIC Employee BenefitsDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of February 10, 2010
Please see directions for completing this document on the next page.
DATE: 02/02/10
FROM: Ronda Connor Personnel 541-385-3215
TITLE OF AGENDA ITEM:
Consideration of Board signature of Document No. 2010-114, an agreement renewing the Employer
Participation Agreement between Deschutes County and Central Oregon Intergovernmental Counc 1
regarding employee health benefits.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
Renewal of Employer Participation Agreement for Central Oregon Intergovernmental Council's (COIC)
employees to enroll in the Deschutes County health plan.
FISCAL IMPLICATIONS:
COIC currently enrolls approximately 80 employees and two retirees in the County health benefits plan.
COIC pays the same premium that County departments and employees pay. This amounts to
approximately $1,020,000 in premiums for the Health Benefits Trust annually.
RECOMMENDATION & ACTION REQUESTED:
Authorize County Administrator to sign Employer Participation Agreement
ATTENDANCE: Ronda Connor
DISTRIBUTION OF DOCUMENTS:
Return original to Ronda Connor
541 -548 -
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Date: 02/01/2010
Please complete all sections above the Official Review line.
Department:
Contractor/Supplier/Consultant Name: [COIC
Contractor Contact:
544
Doug Smith
Personnel
Contractor Phone #:
Type of Document: Employer Participating Agreement
Goods and/or Services: Contract for employee health benefits
Background & History: Continuation of previous employer participation agreement
for employees of COIC to enter into the County health benefits
Agreement Starting Date:
08/01/09
Annual Value or Total Payment:
Ending Date:
approximately $1,020,000
Insurance Certificate Received check box)
Insurance Expiration Date:
07/31/2010
Check all that apply:
❑ RFP, Solicitation or Bid Process
❑ Informal quotes (<$150K)
❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Funding Source: (Included in current budget? ❑ Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes ❑ No
Is this a Grant Agreement providing revenue to the County? ❑ Yes ® No
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
If a new FTE will be hired with grant funds, confirm that Personnel has been notified tha
it is a grant -funded position so that this will be noted in the offer letter: ❑ Yes Na
211/20111
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: Ronda Connor Phone #: 385-
3215
Department Director Approval: I' _IA
Signature
Date
Distribution of Document: Who gets the original document and/or copies after it has
been signed? Include complete information if the document is to be mailed.
Official Review:
County Signature Required (check one): BOCC ❑ Department Director (if <$25K)
111 Administra war '3 'i-� OK; if >$150K, BOCC Order No. )
Legal Review ��. Date Z ! 1 I n
Document NumberDC _ 2 0 1 -
1Ae 1!.
2/1/2010
REATIrD
LEGVCOVeNSEL
For Recording Stam. Only
EMPLOYER PARTICIPATION AGREEMENT
FOR THE
DESCHUTES COUNTY MEDICAL PLAN
CENTRAL OREGON INTERGOVERNMENTAL COUNCIL
2363 S. W. Glacier Place
Redmond, Or 97756
DESCHUTES COUNTY
Administration Building
1300 NW Wall Street, Ste. 200
Bend, Or 97701
EMPLOYER
COUNTI
Employer adopts the Deschutes County Medical Plan (the "Plan"), effective 12:01 a.m. August 1, 20( )9,
and the County approves Employer's adoption of the Plan for the plan year, August 1, 2009 to July 31, 2010, on
the following terms:
1. Authorization of Adoption. Employer acknowledges that the County has absolute discret on
to determine whether Employer is eligible to adopt this Plan, and may revise the adoption requirements or
revoke authorization of an Employer's adoption at any time on ninety (90) days advance notice to Employ er.
Employer's participation under this agreement shall automatically renew for each subsequent plan year unl ;ss
Employer gives advance written notice of termination as provided herein for other such notices. Emplo ✓er
further acknowledges that if it withdraws from the Plan, Employer may not resume participation in the Plan ifrtil
the first day of the third Plan Year beginning after the effective date of withdrawal. Employer shall not offer its
employees any other medical plan while it is a participant in the Plan.
2. Benefits; Plan Documents. The benefits provided, and the participants and beneficiaries to
which they apply, shall be set out in Plan documents, as required by ORS 731.036(6)(c). Mandated benefits
shall be provided, as required by ORS 731.036(6)(b).
2.1 The Plan terms for Employer need not be identical to those for any other employer which las
adopted the Plan, including the County, except as otherwise specified by the County.
2.2 Employer shall give the County a complete set of the documents comprising its plan before the
effective date of Employer's adoption of this Plan. The County, and not Employer, shall have authority to
amend the Plan terms, including Plan terms applicable separately to Employer's employees.
2.3 Employer may, upon request to the Plan Manager (the "Manager"), receive a copy of the flan
as currently in force. The County shall give a copy of Plan amendments to Employer as soon as practicable
after such amendments are adopted.
2.4 Employer shall be bound by the Plan as currently in force and as it may in the future be
amended.
2.5 Employer agrees promptly to execute documents evidencing its participation in and obligatic is
under the Plan, including updated participation agreements.
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RECEIVED JAN 2 2 2010
DC -2010-'34
2.6 Benefits payable under this Plan shall be withheld or subject to coordination of benefits to tne
extent provided in the schedule of benefits for the affected Plan component.
2.7 The Plan provisions shall be summarized in written summaries distributed to Plan participants.
Such summaries shall include the following, as required by ORS 731.036(6)(d):
a. General information about services provided, access to services, charges and scheduling
applicable to each enrollee's coverage.
b. The Plan's grievance and appeal process.
c. Other enrollee rights, disclosure and written procedure requirements established under
ORS chapter 743.
3. Contributions and Funding. Employer agrees as follows regarding its obligation to contribute
to the Plan:
3.1 Employer agrees to pay its contribution toward the cost of benefits, in advance, for is
employees by the first of the month for which coverage is to be provided, subject to any grace period provid
under the applicable plan component. Effective August 1, 2009, the contribution rate shall be $1063.41 per
month for each of employer's participating employees. This rate may be changed at any time at the discretion of
the County during each Plan year, August 1 of each year to July 31 of the next following year. For the purpose
of calculating Employer's minimum monthly contribution, the minimum number of Employer's participatirig
employees for each Plan year shall be the number of participating employees on the first day of each Plan year
3.2 Employer acknowledges that if it does not timely pay its contribution in good funds, coverage
under the Plan for employees, spouses, dependents and qualified beneficiaries who obtained coverage throu ;h
Employer shall end effective on the last day of the month for which Employer timely paid its contribution in
good funds.
3.3 The Plan shall maintain adequate reserves, determined annually, taking into account known
claims, paid and outstanding, the history of incurred but not reported claims, claims handling expenses,
unearned contributions and a claims trend factor, as required by ORS 731.036(6)(e)(B).
3.4 Any Plan funds shall be invested under the rules applicable to investment of public funds, as
required by ORS 731.036(6)(e)(B).
3.5 If County determines that funds may be insufficient to provide all benefits under the Ph n,
County may increase the rate to be contributed by Employer for each of Employer's participants. Employer
may, within thirty (30) days of such notice, give County not less than ninety (90) days notice of termination of
Employer's participation in the Plan. Any termination shall only be effective at 11:59 p.m. on the last day o t a
calendar month. To the extent Plan funds are insufficient to provide all benefits under the Plan, the County aad
Employer shall be liable only to provide benefits to or on behalf of their own employees, consistent with ORS
731.036(6)(i).
3.6 Plan contributions and reserves shall be held in accounts separate from accounts used for other
purposes by the County or Employer and applied for the exclusive benefit of the program, as required by ORS
731. 036(6)(e)(A).
3.7 The County shall decide whether it and Employer shall purchase insurance jointly to provide
benefits under the Plan, to what extent to do so and what insurer to use. In any event, the County and Employ r,
jointly or separately, shall maintain adequate reinsurance, to the extent required by ORS 731.036(6)(e)(C).
4. Eligibility. Employer acknowledges that only Employer's eligible employees and their spouses
and dependents who submit enrollment forms by the effective date of Employer's participation in the Plan shall
participate on the effective date of participation stated in the first paragraph of this Agreement. Individuals v ho
first become eligible after the effective date of participation may participate upon initial eligibility only by
timely submitting enrollment forms at that time.
5. Plan Administration. The Plan shall be administered by the County, which may delegate a ay
of its responsibilities, and has delegated specified responsibilities to the Manager pursuant to 5.2.
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5.1 The Manager shall be the agent for service of process on the Plan. Any person seeking
coverage or benefits under the Plan may consult the Manager at any reasonable time.
5.2 The Manager shall, pursuant to delegation by the County, administer the enrollment a-ld
termination of enrollment of participants, spouses and dependants, and shall be responsible for the Plat 's
compliance with federal reporting and disclosure requirements, except with respect to continuation coverage, 1 or
which Employer shall be responsible, except to the extent another person or entity has agreed by contract to
assume such responsibility. The Manager shall be a named fiduciary under this Plan for that purpose. The
Manager shall be Employee Management Benefits Services, Inc.
5.3 To the extent permitted by the County, the Manager may delegate all or part of is
administrative duties, may retain advisors for assistance and may consult with counsel, who may be counsel 1 or
the County or Employer. The Manager shall appoint an actuary and a qualified independent public accountant if
they are required or considered desirable for the Plan.
5.4 The Manager shall interpret this Plan, decide any questions about the rights of individuals
seeking coverage or benefits under the Plan, and in general administer the Plan. Any decision by the Manager
acting within its authority shall be final and binding on all persons. The Manager shall have absolute discretion
to carry out its responsibilities under this Plan.
5.5 The County may further allocate fiduciary duties to another fiduciary or to one or more
nonfiduciaries, including Employer, by appointment in writing, signed by the appointee, subject to revocation by
the entity making the appointment. Asset management responsibilities may not be allocated to a nonfiduciai y.
In the event of any allocation of duties, individuals and entities other than the appointee shall have no
responsibility for duties allocated to the appointee.
5.6 Except as provided in 5.7, all County functions or responsibilities shall be exercised by ts
County Administrator, acting in a nonfiduciary capacity, who may delegate all or any part of those functiots.
All Employer functions or responsibilities shall be exercised by the chief executive officer of Employer, wit°
may delegate all or any part of those functions.
5.7 The power to amend or terminate the Plan may be exercised only by the County, acting through
the County Commission in a nonfiduciary capacity. The power to amend or terminate any Plan component shadl
be as provided in the applicable Plan component.
5.8 The County Commission and the governing board of Employer shall not necessarily have any
administrative or investment authority or function. Membership on the County Commission or the governing
body of Employer shall not make a person a Plan fiduciary.
6. Fiduciary Duties. Employer acknowledges it is a fiduciary with respect to the Plan for t le
purpose of reporting and disclosure requirements relating to continuation of coverage under federal law and for
transmitting information to and from the insurer of any applicable Plan component relating to such coverage.
6.1 Employer shall indemnify and defend the other Plan fiduciaries from any claim or liability that
arises in connection with reporting and disclosure requirements relating to continuation of coverage under
federal law.
6.2 Employer's indemnification shall not extend to any claim or liability arising from action or
inaction based on information or direction from the insurer of an applicable Plan component, the Manager or tie
County, absent gross negligence, willful misconduct or bad faith.
7. Enforcement. The following rules shall apply to enforcement of this Agreement.
7.1 In the event any action, lawsuit or other proceeding, including any appeal therefrom, is brought
to interpret or enforce any of the terms of this agreement, each party shall be responsible for their own attornt;y
fees, expenses, costs or disbursements for said action, lawsuit, proceeding, or appeal.
7.2 In the event a dispute arises between the parties concerning the interpretation or enforcement c f
the terms of this agreement, each party shall endeavor to, but are not required to resolve the dispute by
mediation prior to filing any formal claim or lawsuit concerning the dispute. Should the parties agree to
mediation, the parties shall share the mediator's fee any costs charged by the mediator equally. The mediation
shall be held at a mutually agreed upon place and time within Deschutes County, Oregon, unless another
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location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement
agreements in any court having jurisdiction thereof.
7.3 Except as otherwise required or permitted under the Plan or applicable law, any notice t>r
direction under this Agreement shall be in writing and effective when actually delivered or, if mailed, whc n
deposited postpaid as first-class mail. Mail shall be directed to the address stated above or to such other addre ;s
as a party may specify by notice to the other party.
7.4 This Agreement shall be interpreted and enforced according to the laws of the State of Oregc n
except as pre-empted by federal law.
7.5 The Plan and this Agreement set forth the entire agreement between the parties and are
intended to be final and binding upon them. They supersede any prior agreements or understandings on
these subjects, and may be amended only by a written document signed by the authorized representatives
of the parties that specifically states that it was intended as an amendment. The Plan and this Agreement
shall govern and inure to the benefit of the parties and their affiliates, successors and assigns. In the
event of any discrepancy between the Plan and this Agreement, the Plan shall govern.
DATED this tee day of
1/ c ��" ,869 07010
EMPLOYER: CENTRAL OREGON INTERGOVERNMENTAL COUNCIL,
By
Tom oore
DATED this day of , 2009.
COLTNTY: BOARD OF COUNTY COMMISSIONERS FOR
DESCHUTES COUNTY, OREGON
By
David Kanner, County Administrator
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DATE:
TO:
FROM:
SUBJECT:
Hello Ronda,
January 25, 2010
Ronda Connor, Deschutes County Benefits Coordinator
Doug Smith — Fiscal and Administrative Services Manager — COIC
CENTRAL10E60N
INTERGOVERNMENTAL
COUNCIL
Evetyl;here
Central 9regon
Woi •ks
Employer Participation Agreement for the Deschutes County Medical Plan
Central Oregon Intergovernmental Council — Employer
Deschutes County - County
Per 2.1 and 2.2 of section 2. Benefits; Plan Documents, of the above referenced
agreement, Central Oregon Intergovernmental Council (COIC) does not follow the
Deschutes County Contributions Schedule for retirees. Currently, COIC does not provide
contributions towards retiree premiums. COIC has adapted and does follow the current
Deschutes County Retiree Premiums schedule. The amounts in the Deschutes County
Retiree Premiums schedule are paid by COIC retirees for continuation of coverage.
Since COIC does not provide contributions towards retiree premiums, retired employees
are not eligible to continue dental benefits (regardless of 30 or more years of service with
COIC).
These items are always subject to change based on future COIC Board action.
Regards,
Doug S4 i th
Fiscal and Administrative Services Manager
Central Oregon Intergovernmental Council
2363 SW Glacier Place, Redmond, OR 97756
(541)548-8163 —Fax: (541) 923-3416
Office Locations: Bend, Klamath Falls, Lakeview, La Pine, Madras, Prineville, Redmond