§ 16. Insurance.

(a)

Rabun County is authorized in the discretion of the board to become a self-insurer against all claims incurred by reason of liability to a third party or parties and losses by reason of fire, windstorm, and providential cause and other comprehensive damages to its property and for each and every other contingency against which the board may in its discretion elect to insure.

(b)

Rabun County is authorized through the board to levy taxes for the funding and payment of costs for such self-insurance if the same is implemented and which funds may be established as continuing and perpetual reserves.

(c)

Nothing in this Act shall be construed as waiving any immunity or privilege of any kind now or hereafter enjoyed by Rabun County or any member of the board thereof or any supervisor, administrator, employee, or other elected or appointed officer nor of any public body, board, agency, or other instrumentality of said county, so that all such immunities and privileges from liability now held by such county shall continue to be of full force and effect after the passage of this Act.

(d)

Any self-insurance program thus inaugurated by Rabun County through the board shall be in the sole discretion of the board in all respects as to its coverage. The board is, however, specifically granted the authority to utilize such self-insurance program in providing liability insurance for members of such board, supervisors, administrators, employees, or other elected or appointed officers against personal liability as is provided in Article 2 of Chapter 9 of Title 45 of the O.C.G.A., as now or hereafter amended [O.C.G.A. § 45-9-20 et seq.].

(e)

Such self-insurance program may be implemented by resolution of the board, which resolution shall specifically set forth the purposes for which such self-insurance is maintained; the amount of funds allocated to such program for the year in which the same is established; the intent as to the future allocation of funds for such program; the amounts or percentages of such reserve thus established to be made available for the payment of claims against such reserve including, but not limited to, any such amount or percentage which may be allocated for payment of the claim of any one individual, the payment of the claim for any one incident, and, in the discretion of the board, payment of the claim for property damage or other specific damages.

(f)

The board may extend the provisions of such self-insurance program as to any part or all of its coverages to any other governmental agency of Rabun County including, but not limited to, the Hospital Authority of Rabun County. The board is further authorized in its discretion to participate with any such agency of Rabun County in the providing of such self-insurance program upon such basis as may be mutually agreeable between or among such participating agencies.

(g)

Nothing in this Act shall constitute a prohibition against Rabun County or any agency thereof from the purchasing of any contract of insurance whether liability, comprehensive, official bond, or other contract. It is the intent of this subsection that Rabun County may utilize such self-insurance program to provide partial coverage of its insurance needs and may purchase contracts of insurance for a portion of its insurance needs.

(h)

Rabun County is authorized by the General Assembly of Georgia to waive its immunity from legal complaint or claim up to the amounts of its reserve in such self-insurance program and in accordance with the limits of its coverage thereunder as set forth in its resolution establishing such program. Any such waiver of immunity must be by specific resolution of the board.

(i)

All such funds collected by the levy of taxes or other revenue by the board setting up such self-insurance program shall become and be the funds of Rabun County unless the same are paid or disbursed in accordance with the plan of self-insurance. The board establishing such plan of self-insurance may terminate the same at any time at its sole discretion, provided that, upon such termination, there shall be retained in the reserve account of said program a sum reasonably sufficient to pay any known claims which may at the time of termination be pending against Rabun County and which are within the class of claims and limits as to amount for which such self-insurance program is maintained. Any funds retained in the reserve subsequent to termination and not paid to a claimant shall be paid into the general fund of Rabun County upon resolution of such pending claim or when such claims become barred by the statute of limitations. All funds removed from such reserve upon partial or complete termination of such program shall be paid into the general fund of Rabun County and shall be disbursed and accounted for as are other funds.