The vast majority of MEL members have adopted the MEL's model employment practices risk control program and are eligible for the MEL's premium and deductible incentives. These programs must be updated every two years to remain eligible.
Members with updated loss control programs will receive the lowest base premium rate and will receive the lowest EPL deductible of $20,000 per claim plus a 20% co-pay capped at $50,000. (See note below concerning members with poor EPL claims experience).
To qualify for the incentive, have your General Counsel or Employment Attorney complete this form checking the minimum requirements for updating the plan. It is not necessary to attach any further documentation. Mail the completed form to MEL Fund Office, 250 Pehle Ave, Suite 701, New Jersey 07663.
* Members that did not qualify for the 2008 - 2009 incentives: To qualify for the 2010-2011 incentives, these members must adopt the EPL loss control plan and submit it to the MEL for review. Have your General Counsel or Employment Attorney complete this form checking the minimum requirements for the plan. The following must be attached to this form: (1) the Personnel Policies and Procedures Manual, (2) the resolution adopting this manual, and (3) the Employee Handbook. Mail the completed form to the MEL Fund Office, 250 Pehle Ave, Suite 701, Saddle Brook, NJ 07663.
Members submitting the required form by May 1, 2010 will qualify for both the deductible and rate incentives retroactively to January 1, 2010. Members submitting this form after May 1st will become eligible for the dedutible incentive upon approval of the application, but not retroactively. Members submitting this form after May 1st will not be eligible for the 2010 rate incentive.
Members without updated loss control programs will be assessed a premium 20% higher than the base premium rate and will have at a deductible of $100,000 per claim plus a 20% co-pay with no cap. (See note below concerning members with poor EPL claims experience).
Members with poor EPL claims experience: Members with adverse loss experience over the last five years will be surcharged one third of their EPL premium rate. Further, any member with three or more claims over the last five years AND a loss ratio over 200% will have a deductible of $75,000 if they have an updated loss control plan and $150,000 if they do not. They will also have a 20% co-pay with no cap. In a few cases, the MEL Board of Fund Commissioners will establish higher deductibles for members on probation because of exceptionally poor experience.
Public Official's Training Credit: We are pleased to announce that this fall the MEL is continuing the public officials training throughout the state for elected public officials and authority commissioners. One session will be given at the League Convention (3:45 PM, Wednesday, November 18). The MEL will reduce each member's 2010 liability premium by $250 for each municipal elected official and authority commissioner who completes the course by April 30, 2010. The credit is also extended to the member's CEO (i.e. municipal manager/administrator or authority executive director). The maximum credit is 25% of the member's liability premium for base limits.
Required Elements for the Incentive
- Employment Attorney/Advisor: An Employment Attorney or an Employment Advisor usually provides advice concerning personnel matters. However, the local unit may designate its General Counsel if experienced in employment matters.
- Personnel Policies and Procedures Manual: To facilitate this process, the MEL Safety and Education Committee has developed a Model Personnel Policies and Procedure Manual that members are free to use at their discretion. Members can adopt the model, take sections from the model and place them in their existing personnel manual, or write their own policies that cover the subjects in the model.
- Conscientious Employee Protection Act Notice: This notice (in both English and Spanish) must be posted on the bulletin board and distributed to all personnel. The notice required by the NJ Department of Labor is included in the Model Personnel Policies and Procedures Manual.
- Employee Handbook: The handbook must be updated and distributed to all personnel. To facilitate this process, the MEL has developed a Model Employee handbook that members are free to use at their discretion.
- Model Local Unit Civil Rights Resolution (municipalities only): Adopt the model resolution.
- Managerial and Supervisory Training: Court decisions made personnel training for managerial and supervisory "mandatory". A signed acknowledgement that the manager or supervisor has completed training within the last 12 months must be placed in the personnel files. Training is also mandatory for the Muncipal Judge, the heads of volunteer emergency service organizations such as Volunteer Fire Departments, EMS units, and the heads of organizations such as Library Boards and Planning Boards, etc., that are involved in personnel matters. The MEL has developed a Model that the local JIFs will conduct this fall. Your JIF will contact you with the details. The Power Points are listed below.
- Police Chief, Captains and Lieutenants Training: Because Police Departments are involved in a high percentage of employment related litigation, Police Chiefs and at least one other command officer must complete employment practices training that takes into consideration the Attorney General's guidlines for police operations. MEL has engaged the New Jersey State Association of Chiefs of Police to conduct this seminar throughout the state. The course fee will be paid by the MEL. A schedule of these seminars will be distributed.
- Training for All Other Personnel: Court decisions also require employers to offer anti-harassment and related personnel training to all employees. The MEL has produced a DVD (The Rights and Duties of an Employee in Local Government) to facilitate this requirement. This DVD will be distributed to all members as well as available by clicking the link above. A seprate DVD (The Rights and Duties of a Volunteer in Local Government) has been produced for volunteers and can also be downloaded by clicking on the link above.
For assistance, please contact the MEL office or the office of your local JIF.
