Chapter 1.23
HEALTH AND ACCIDENT BENEFIT PROGRAMS

Sections:

1.23.010    Account established—Source of monies.

1.23.020    Withdrawal of funds—Restrictions.

1.23.030    Payment of orders by Bank.

1.23.040    Certain Bank activities restricted.

1.23.050    Bank statements and other correspondence.

1.23.060    Change in regulations—County treasurer notification.

1.23.010 Account established—Source of monies.

The county has opened a deposit account with the Chase Manhattan Bank, N.A., a national banking association (hereinafter referred to as the “bank,”) to be entitled “employee health and accident benefits account” (such account being hereinafter referred to as the “account”), and the officers and agents of the county and the administrator are, and each of them is authorized to deposit any of the funds of the county or the administrator in the account, and that the officers and agents of the administrator are, and each of them hereby is further authorized to deliver standing instructions to the bank respecting deposits of funds of the county to be made to the account and corresponding amounts to be debited to such other account of the county as the county may specify. (Res. 85-109 (part), 10/29/85).

1.23.020 Withdrawal of funds—Restrictions.

Until the further order of the board of commissioners, any of the funds of the county or of the administrator deposited in the account shall be subject at any time, and from time to time, to withdrawal or charge upon the following terms only:

(1)    In accordance with orders, instructions and information transmitted to the bank on magnetic tape, in writing, or by means of telecommunications by or on behalf of the administrator in connection with the administrator’s administration of such benefits programs; and

(2)    Upon debits or charges to the account effected by the bank in connection with returns, reversals or chargeback to the bank of amounts previously credited to the account. (Res. 85-109 (part), 10/29/85).

1.23.030 Payment of orders by Bank.

The Bank is hereby authorized to pay any such order and to permit any such withdrawal or make any such charge in accordance with such instructions or information and also to receive the same from the payee, other holder, or deliver without inquiry as to the circumstances of such order, withdrawal or charge or the disposition of the proceeds, even if drawn or payable to the individual order of any signing person or the Administrator, or payable to the Bank or others for its, his or her individual obligation, or tendered in payment of its, his or her individual obligation, and, at the option of the Bank, even if the Account shall not be in credit to the full amount of such order, withdrawal or charge; and it being understood that some or all of the funds on deposit in the Account will be transferred from time to time to an account or accounts maintained by the Administrator with the Bank. (Res. 85-109 (part), 10/29/85).

1.23.040 Certain Bank activities restricted.

The Bank shall not, unless otherwise directed by such officer or officers of the Administrator whose names and signatures may be certified to the Bank by the secretary or an assistant secretary of the Administrator (which officers may be changed by a notice to the Bank from the secretary or an assistant secretary of the Administrator):

(1)    Act on a stop-payment request;

(2)    Except with respect to amounts which are credited to an account or accounts maintained with the Administrator or are debited or withdrawn by the Bank as hereinabove described, withdraw or permit the withdrawal from the Account of any amount (except with respect to returns or reversals of payment orders previously credited to the Account); or

(3)    Except with respect to amounts which are credited to an account or accounts maintained with the Administrator or are debited or withdrawn by the Bank as hereinabove described, charge the Account in any amount. (Res. 85-109 (part), 10/29/85).

1.23.050 Bank statements and other correspondence.

All statements of account in connection with the Account, all checks, drafts and other orders which have been cancelled by the Bank, and all correspondence received by the Bank in connection with the Account shall be delivered or mailed by the Bank to the Administrator and not to the county. (Res. 85-109 (part), 10/29/85).

1.23.060 Change in regulations—County treasurer notification.

The county authorizes and directs its county treasurer to promptly notify the Bank in writing of any change in these resolutions, that any such change shall not be effective until the expiration of thirty days following the Bank’s receipt of such written notice of the same, and that until the expiration of such thirty days, the Bank is authorized to act in pursuance of these resolutions and, until the Bank has actually received such notice, it shall be indemnified and saved harmless from any loss or liability incurred in continuing to act in pursuance of these resolutions, even though these resolutions may have changed. (Res. 85-109 (part), 10/29/85).