§ 10-5-102. PURPOSES.

(a)

Worker's compensation coverage.

(1)

(i)

In this subsection, "employee" means an employee as determined in the Maryland Workers' Compensation Act.

(ii)

"Employee" includes the following persons, while acting within the scope of their duties:

1.

Employees of the Board of Library Trustees;

2.

Volunteer workers; and

3.

Members of boards and commissions established under the Code.

(2)

Where applicable and as required by the Maryland Workers' Compensation Act, the self insurance fund shall pay for the defense and coverage of workers' compensation claims for employees of the county.

(b)

Liability coverage.

(1)

(i)

In this subsection, "employee" includes:

1.

All elected and appointed officials of the county;

2.

All employees of the county, whether elected or appointed, members of boards and commissions established under the Code, and volunteer workers; and

3.

Any person for whom the county may be obligated by written agreement to provide liability insurance.

(ii)

"Employee" does not include members of volunteer fire companies.

(2)

Subject to paragraph (3) of this subsection and the limitations of the "Local Government Tort Claims Act" in the Courts Article of the Annotated Code of Maryland, the Self Insurance Fund shall:

(i)

Pay on behalf of the county and the Board of Library Trustees any sum which the county and the trustees may become legally obligated to pay for liability claims, including personal injury and property damage; and

(ii)

Pay on behalf of an employee of the county or the Board of Library Trustees any sum which the employee may become legally obligated to pay for liability claims, including personal injury or property damage resulting from tortious acts or omissions committed by the employee within the scope of employment with the county.

(3)

The liability of the county may not exceed $400,000 per an individual claim, and $800,000 per total claims that arise from the same occurrence for damages resulting from tortious acts or omissions of the county government, a participating governing agency, or an employee.

(c)

Certain boards may elect to join or continue membership.

(1)

The Board of Community College Trustees for the county and the Board of Education of the county may elect to join or continue membership in the Self Insurance Fund for the purposes of obtaining workers' compensation coverage, liability coverage, or both subject to the agreement of the county based on the best financial interests of the county.

(2)

If either board elects coverage under the Fund, for the coverage elected, the defined term "employee" shall include employees, trustees, members, and officers of the Board while acting within the scope of their duties or employment, as applicable.

(1988 Code, § 15-191) (Bill No. 83-00, § 2, 7-1-2004; Bill No. 30-13, § 1, 7-1-2013; Bill No. 55-15, § 1, 10-1-2015 )

Editor's note:
  Section 2 of Bill No. 55-15 states that this Act shall be construed to apply only prospectively and may not be applied or interpreted to have an effect on or application to any cause of action arising before the effective date of this Act.