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4.7. SR 02-09-2004MEMORANDUM Item 4 .Z. TO: FROM: DATE: SUBJECT: Mayor and Council Lori Johnson, Finance Director February 9, 2004 Consider Voluntary Insurance l~uote from League of Minnesota Cities Insurance Trust The League of Minnesota Cities Insurance Trust (LMCIT) has provided a quote for accident coverage for city volunteers upon the request of the City's insurance agent, Mary Eberley. The city currendy purchases a separate worker's compensation insurance pohcy for board and commission members. Volunteers who respond to an emergency situation are automatically covered under worker's compensation insurance. The city has not purchased coverage for other volunteers in the past unless; of course, if the city was negligent and legally liable for the injury it was covered under the liability policy. Attached is information from LMCIT outlining the proposed volunteer accident insurance policy. Basically, this policy would insure volunteers who are not covered by worker's compensation insurance such as volunteers for park, recreation, clean-up day, or other city activities and programs. Currently, the recreation department uses around 30 volunteers for the T-Ball program and expects that additional volunteers will be needed to assist with the soccer program. There are also a few volunteers who assist other departments. The premium for basic coverage for one year is $1,500 with an optional $675 per year for medical benefit coverage. Action Requested The City' Council is asked to consider the proposed LMCIT Accident Coverage for City Volunteers. S:NCouncil~I,ori~2004~ InsuranceQuote.doc Leag,,¢ of Pii,mesota Cities Cities ?romoti,~g excellence LMCIT Risk Management Information 145 'UnlversltT Avenue ~(Test, St. Paul, MzN 55103-2044 Pho~,e: (651) 281-1200 · (800) 925-1122 Fax: (651) 281-1298 ° TDD (651) 281-1290 w~v.lmclt.l~c.org ACCIDENT COVERAGE FOR CITY VOLUNTEERS LMCIT offers its workers compensation member cities an optional accident coverage for city volunteers. This coverage provides a schedule of benefits to compensate city volunteers who are injured while performing volunteer services for the city. Who is covered by the program? With only a few exceptions, all city volunteers working under the city's direction and control will be automatically covered on a blanket basis if the city chooses to add this coverage. This could include, for example, coaches and instructors in recreation programs, volunteers worldng on a city-sponsored festival or celebration, "clean-up day" volunteers, etc. The city will not need to list the individuals who are to be covered, either by name or by project; nor will the city need to keep track of the time the various volunteers put in. Four classes of volunteers are not automatically covered: Volunteers who are covered by workers compensation. Certain volunteers are defined to be "employees" for purposes of workers compensation, and are therefor eligible for workers compensation benefits if they are injured. These include volunteer firefighters, ambulance attendants, first responders, law enforcement assistance volunteers, and civil defense volunteers. Since these volunteers are already protected by workers compensation, they are not covered under this plan. City council, board, committee, and commission members. Other coverage options are already available for these people. The workers compensation law gives cities the option to extend workers compensation coverage to elected and appointed officials. LMCIT has also for several years offered an accident policy underwritten by CIGNA for members of city councils, boards, and conm2ittees. Members of private organizations which provide services or participate in city-sponsored activities as a group. ?olunteers working on construction or demolition projects. These volunteers will not be covered automatically. However, for an additional charge, the city can add coverage for volunteers' on a specific construction or demolition project. What benefits would an injured volunteer receive? The plan provides three basic benefits: Disability benefit. A volunteer who is unable to engage in the activities of his/her nomxaI occupation because of an injury suffered while performing volunteer services for the city will receive a disability benefit of $400/week for up to 26 weeks. Death benefit. If a volunteer dies as a result of an injury suffered while performing volunteer services for the city, a death benefit of $100,000 will be paid to the volunteer's surv'ivors or estate. Impairment benefit. If a volunteer suffers a permanent impairment or disability as a result of an injury suffered while performing volunteer services for the city, the volunteer will receive a lump sum payment as compensation for that impairment. Payments are based on the percentage of disability, ranging from $750 for a 1% disability to $100,000 for t00% disability.: The percentage of disability is determined in the same manner used for impairment compensation in the workers compensation system. For an additional charge the city can add coverage for up to $1000 of medical costs. This limited medical coverage is intended to pick up relatively minor first aid costs. On more serious injuries, it could also be applied to costs which the individual would otherwise have to bear under his/her own health coverage's deductible or co-pay provisions. What does it cost? The cost is based on the city's population. The basic armuai charge is $. 10 per capita, subject to a minimum premium of $150 and a maximum premium of $1500. The additional cost to add the optional medical coverage is 45% of the basic premium. Coverage for volunteers working on a construction or demolition project can be added for a charge of $300 per project, or $435 per project if the optional medical coverage is included. The expiration date of this coverage will be coordinated with the city's LMCIT workers compensation coverage. For cities that add this coverage mid-term, the initial premium will be pro-rated. Why would the city want this coverage? Aren't injuries to volunteers already covered under the ci~'s liability coverage? An injury to a volunteer would be covered by the LMCIT liability coverage only if the city was legally liable for that injury; that is, if the injury was caused by some negligence by the city or a city officer or employee or another city volunteer. However, just as with any other tort claim, the city would not be liable for an injury to a volunteer if the volunteer him/herself were more at fault than the city, or if the injury were simply an accident that really wasn't anyone's fault. volunteer coach being hit in the head by a batted baseball might be an example of the latter situation. A The volunteer accident coverage protects the volunteer on a "no-fault" basis. The benefits are automatically payable if the injury occurs while the volunteer is performing services for the city, regardless of whose fault it was. ]Besides protecting the volunteer whose injury isn't caused by the city's negligence, having these no-fault benefits available could also help avoid litigation in cases where the city (or a city officer, employee, or other volunteer) is or may be at £ault. The injured volunteer can receive these benefits without getting into an adversary situation against the city. Of course, if the volunteer's injuries exceeded the benefits paid under this coverage, he/she would still be able to make a tort claim against the city for those excess damages, if the injury was caused by the city's negligence. Why did LMCIT create a whole new program? Why not just offer a "voluntary workers' compensation endorsement" and provide workers compensation benefits to volunteers? The LMCIT Board chose this approach for several reasons. It's substantially less expensive to the city than providing workers compensation benefits would be, reflecting the more limited scope of benefits provided. Administration is simpler for the city, since the city doesn't have to keep records of how many hours were worked by how many volunteers, etc. It eliminates the problem of determining what the appropriate indm2nity rate is for an unpaid volunteer. It's also less risky for LMCIT and for LMCIT's other members. How do we enroll? To em-oil, complete and return the attached form. LMCIT will bill the city for the premium. Further information If you have any questions or need further information, contact any of the following: Pete Tritz at 651-281-1265; Tom Grundhoefer at 651-281-1266; Pat Deshler at 651-281-1267; or Barb Meyer at 651-281-4173. PST - 4/13/98 - fax-66050