§ 27A-146. Subrogation.

Latest version.

If payment of a plan claim or legal representation is provided to a plan member under the plan, the city is subrogated to the plan member's rights of recovery against any individual or organization to the extent of the city's payment or liability for payment. A plan member shall execute and deliver to the claims board such documents as are necessary to secure this right of subrogation in the sole opinion of the city attorney or his designee. A plan member shall not do anything after a plan claim is incurred to prejudice this right.

The plan member shall:
(1)

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 to the city because of the payment by the city of a plan claim;

(2)

Attend any hearing or trial held in connection with a plan claim and assist in discovery, securing and giving evidence, and obtaining the attendance of witnesses.

(Ord. No. 5848, § 1(6), 8-23-90)

                    
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