R-11-32 RESOLUTION NO. R -11 -32
Irrevocable Election Not to Participate in Line of Duty Act Fund
WHEREAS, pursuant to Item 258 of the Appropriations Act, paragraph B, the Virginia
General Assembly has established the Line of Duty Act Fund (the "Fund ") for the payment of
benefits prescribed by and administered under the Line of Duty Act (Va. Code § 9.1 -400 et
seq.); and
WHEREAS, for purposes of administration of the Fund, a political subdivision with covered
employees (including volunteers pursuant to paragraph B2 of Item 258 of the Appropriations
Act) may make an irrevocable election on or before July 1, 2012, to be deemed a non-
participating employer fully responsible for self - funding all benefits relating to its past and
present covered employees under the Line of Duty Act from its own funds; and
WHEREAS, it is the intent of the City of Fairfax make this irrevocable election to be a non-
participating employer with respect to the Fund;
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of Fairfax hereby elects
to be deemed a non - participating employer fully responsible for self - funding all benefits
relating to its past and present covered employees under the Line of Duty Act from its own
funds; and it is further
RESOLVED that the following entities,
[SEE ATTACHED LIST]
to the best of the knowledge of the City of Fairfax, constitute the population of its past and
present covered employees under the Line of Duty Act; and it is further
RESOLVED that, as a non - participating employer, the City of Fairfax agrees that it will be
responsible for, and reimburse the State Comptroller for, all Line of Duty Act benefit
payments (relating to existing, pending or prospective claims) approved and made by the
State Comptroller on behalf of its past and present covered employees under the Line of Duty
Acton or after July 1, 2010; and it is further
RESOLVED that, as a non - participating employer, the City of Fairfax agrees that it will
reimburse the State Comptroller an amount representing reasonable costs incurred and
associated, directly and indirectly, with the administration, management and investment of the
Fund; and it is further
RESOLVED that the City of Fairfax shall reimburse the State Comptroller on no more than a
monthly basis from documentation provided to it from the State Comptroller.
ADOPTED this 28 day of June, 2011. ,
to
ATTEST: Mayor
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City Clerk
The vote on the motion to approve was recorded as follows:
VOTE:
Councilwoman Cross Absent
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Aye
Councilwoman Schmidt Aye
Councilman Stombres Aye
Attachment to Resolution R -11 -32
The list of City of Fairfax organizations which employ hazardous duty employees and
volunteers, who are required to be covered under the Line of Duty Act are as follows:
City of Fairfax Police Department
City of Fairfax Fire Department
Fairfax Volunteer Fire Department