W. Va. Code R. § 114-65-2

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 114-65-2 - Definitions

2.1. "Administrator" means the individual, partnership corporation or other entity authorized to serve as a representative of a pool and its members in carrying out the policies of the board of directors and managing the pool's activities.

2.2. "Board" means the board of directors of a pool.

2.3. "Commissioner" means the West Virginia Insurance Commissioner.

2.4. "Contribution" means the amount of payments required of each member in order to fund the pool's obligations under the plan.

2.5. "Civil Liability" means an obligation arising from claims for damages in civil actions for injury, death, or loss to persons or property allegedly cause by an act or omission of the political subdivision or any of its employees.

2.6. "Member" means a political subdivision which has entered into a member agreement and thereby becomes a pool member.

2.7. "Member agreement" means the written agreement executed between each member and the pool which sets forth the conditions of membership in the pool, the obligations, if any, of each member to the other members and the terms, coverages, limits, and deductibles of the plan.

2.8. "Plan" means the plan of self-insurance for coverage of civil liability and workers' compensation risks offered by the pool to its members as specifically designated in the member agreement.

2.9. "Political subdivision" means any county commission, municipality and county board of education; any separate corporation or instrumentality established by one or more counties or municipalities, as permitted by law; any instrumentality supported in most part by municipalities; any public body charged by law with the performance of a government function and whose jurisdiction is coextensive with one or more counties cities or towns; a combined city-county health department created pursuant to article two, chapter sixteen of the West Virginia Code; public service districts; and other instrumentalities including, but not limited to, volunteer fire departments and emergency service organizations as recognized by an appropriate public body and authorized by law to perform a government function. "Political subdivision" does not include hospitals of a political subdivision and their employees.

2.10. "Pool" means a self-insurance program organized by two or more political subdivisions for the purpose of providing joint or cooperative action relating to their financial and administrative resources and providing risk management and coverage for civil liability, worker's compensation liability, or both, for pool members and their employees. Workers' compensation funds must be accounted for independently of any other funds of a pool.

2.11. "Workers' compensation risk" means an employer's liability for payment of benefits to injured workers and their dependents under the provisions of chapter twenty-three of the West Virginia Code.

W. Va. Code R. § 114-65-2