§ 27A-144. Payment of plan claims.

(a)

The funds will pay each plan claim subject to any limitations contained in the Program Ordinance No. 5847 as set out in article IV of this chapter.

(b)

To be entitled to payment by the funds for any plan claim, a plan member must:

(1)

Give notice of loss;

(2)

Notify the claims board in writing within a reasonable time, to be determined by the board, after receipt of any written or oral notice of any claim that may result in a plan claim but in any event not later than seven (7) calendar days after receipt of such notice. The claims board reserves the right to waive this notice requirement in the event the plan member is legally incapacitated at the time of receipt of such notice;

(3)

Cooperate with the claims board and, upon the request of the claims board, assist in making settlement, in the conduct of any suit, and in enforcing any right of contribution or indemnity against an individual or organization who may be liable for the act giving rise to a claim, or to the city because of the payment by the city of a plan claim;

(4)

Cooperate fully in the investigation and defense of any plan claim made against the plan member including but not limited to, attendance at any hearing or trial held in connection with a plan claim and assisting in discovery, securing and giving evidence and obtaining the attendance of witnesses;

(5)

Not give any oral or written statement or enter into any stipulation or agreement concerning a claim resulting in a plan claim, except upon advice of the city attorney or his designee or when questioned by a police officer at the scene of an accident;

(6)

Not, except at the plan member's own cost, voluntarily make any payment, assume any obligation, or incur any expense with respect to any claim resulting in a plan claim without the consent of the claims board;

(7)

Deliver to the city attorney or his designee, promptly upon receipt, any demand, summons, notice, or other process received by the plan member in connection with any claim that may result in a plan claim;

(8)

Comply with the claims administration procedures of the claims board; and

(9)

Perform the duties and comply with the requirements imposed on the plan member by this article or by the program ordinance (article IV).

(Ord. No. 5848, § 1(4), 8-23-90)