HomeMy WebLinkAbout2012-444 HR - OPC Mental Health MOA for provision of health insurance benefits for qualified retirees03- ~~ - y z,
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MEMORANDUM OF AGREEMENT
PROVISION OF HEALTH INSURANCE BENEFITS
for QUALIFIED RETIREES OF ORANGE PERSON CHATHAM MENTAL HEALTH,
DEVELOPMENTAL DISABILITIES AND SUBSTANCE ABUSE AUTHORITY
WHEREAS, effective July 1, 2012 Orange, Person and Chatham
Counties will merge with the counties comprising PBH; and
WHEREAS, prior to the merger, Orange, Person and Chatham Counties
were the three counties that comprised Orange Person Chatham Mental
Health, Developmental Disabilities and Substance Abuse Authority d/b/a
OPC Area Program ("OPC").
WHEREAS, certain qualified employees had retired from OPC and
therefore were receiving post retirement health insurance benefits as
set forth in policies approved by the OPC Board; and
WHEREAS, after the merger, OPC will be dissolved and will not be
an ongoing entity; and
WHEREAS, funds will be provided by OPC prior to the merger for
the purpose of funding the post retirement health insurance benefits
for qualified OPC retirees as shown on Exhibit A hereto; and
WHEREAS, Orange County has agreed to handle the administration of
providing the retiree health insurance and therefore Orange County
will take possession of the funds available for same and Orange County
is willing to do so for no compensation but also has no individual
liability to provide these benefits in the event the funds set aside
for this purpose are exhausted; and
wHEREAS, Orange County will provide a financial report to each
of the county managers of Orange, Person and Chatham Counties no later
than July 315t each year which will include at a minimum the beginning
balance of the fund, charges to the fund and the ending balance of the
fund; and
WHEREAS, in the event funds remain at the end of the obligations
set forth on Exhibit A, the excess funds shall remain with Orange
County for its use and purposes but in the event the funds are
exhausted prior to the time retirees would no longer have been
eligible for coverage had OPC remained an ongoing entity, the three
counties to this Agreeme~t will make up the shortfall, one-third each.
This shortfall sum will be paid to Orange County within thirty days of
determination of a shortfall; and
WHEREAS, the county managers of each county are collectively
given the authority to make any necessary administrative decisions
regarding these funds with the exception of decisions regarding funds
being exhausted.
NOW, THEREFORE BE IT RESOLVED that each of the counties named
below evidenced by the signature of the Chairman of the Board of
Commissioners hereby agrees to the recitals above regarding the
provision of post retirement health insurance benefits to those
eligible former employees of OPC.
BE IT FURTHER RESOLVED, that no individual liability shall accrue
to Orange County based on its acts or any failure to act in the
performance of its responsibilities pursuant to this Memorandum of
Agreement and that in the event any group, individual, entity, or
qualified OPC employee brings any suit, complaint, claim, or legal
action regarding Orange County's acts or failures to act in the
performance of its responsibilities, such suit, complaint, claim or
legal action shall be defended jointly by each party to this
Memorandum of Agreement.
ORANGE COUNTY
G~"~~~in-~~~~C.~ ~ ~ ~
CHAIR
DATE ~ Z ~ ~( Z
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CLERK TO TH BOARD
This instrument has been pre-audited in the manner required by
the local government Budget and Fiscal Control Act.
PERSON COUNTY
c ~
A R
~~'K...t..~ ~~ ,/1i^r~ ( S EAL )
Finance Officer for Orange County
DATE Z S
CLERK TO THE BOARD
This instrument has been pre-audited in the manner required by
the local government Budget and Fiscal Control Act.
~-l:n...~`L-, ( SEAL )
Financ Officer fo Person County
CHATHAM COUNTY
T
AIR
DATE O ~'' ~ " ~I_O~
~ ,~
'~~CLERK TO THE BOARD
This instrument has been pre-audited in the manner required by
the local government Budget and Fiscal Control Act.
~~ (SEAL)
Finance Officer for Chatham County