Division 5. Self-Insurance Fund
Codified through Bill No. CB-018-2026, adopted May 12, 2026, effective July 24, 2026. Source: Municode, Supplement 2026 Update 2. Editorial notes and legislative history omitted.
Division 5. Self-Insurance Fund
Prince George's County, Md., Code § 10-174 (2026)
Sec. 10-174. Establishment of Risk Management FundLinkCopy Citation
(a)
There is established and created for Prince George's County and for municipal corporations and governmental agencies within Prince George's County an insurance fund which shall be known as the Risk Management Fund for Prince George's County. The Risk Management Fund shall compensate for injury to persons or damage to property resulting from negligence or other wrongful acts of public officials, employees and agents of the County and other Risk Management Fund Members, and to provide protection, against physical loss or damage to property of the County and other Risk Management Fund Members caused by fire, explosion, theft, vandalism, malicious mischief, riot, civil disturbance, flood and natural disasters and protection for officials, employees and agents acting within the scope of their duties.
(b)
The Risk Management Fund shall provide protection to insure the County and other Risk Management Fund members against liability for personal injury and property damage resulting from negligence, deprivation of civil rights, malpractice or any other type of civil or tortious actions resulting from the negligence or wrongful act of any public official, agent or employee within the scope of official duties. The Risk Management Fund shall also provide for comprehensive general liability, comprehensive property damage, Workmen's Compensation, and comprehensive automobile liability.
(c)
The Risk Management Fund may provide insurance protection by purchase of insurance from insurance companies authorized to do business in the State of Maryland or by a program of self-insurance funded by the County and other Risk Management Fund Members or by a combination of purchased insurance and self-insurance. Provided, however, that no insurance coverage or combination of purchased insurance and self-insurance shall be in excess of the maximum limitations of liability as conferred upon the County or any Risk Management Fund member by Charter or other statutory provision unless the Risk Management Fund, at the request of a member, acquires additional protection insuring risks in excess of such Charter of statutory limitation.
(d)
In no event shall any coverage provided by the Risk Management Fund for injuries to persons and property of others exceed Two Hundred Thousand Dollars ($200,000) per person, per occurrence. In no event shall any coverage provided by the Risk Management Fund exceed One Hundred Thousand Dollars ($100,000), per occurrence, for the Board of Trustees of Prince George's Community College and the Board of Education of Prince George's County. Notwithstanding such limitations, in no event shall any coverage provided by the Risk Management Fund to members for injuries to persons and property of others be in excess of the maximum limitation of liability as conferred upon the County or other Risk Management Fund member by Charter, State law or other statutory provision unless the Risk Management Fund, at the request of a member, acquires additional protection insuring risks in excess of such Charter or statutory limitation.
(e)
The Risk Management Fund is further authorized to provide coverage for any other insurable risk or liability as requested by a member so long as the member provides a contribution actuarially sufficient to provide the coverage request.
Prince George's County, Md., Code § 10-175 (2026)
Sec. 10-175. Membership agreementsLinkCopy Citation
The Risk Management Fund is further authorized to cooperate with and enter into written agreements with any municipal corporation, governmental agency, board or commission established by the County or the General Assembly of Maryland, for the purpose of providing to such agency, board or commission, the officials, agents as defined by the fund member, employees or property thereof, coverage authorized by this Division upon such terms and conditions consistent with this Division as are deemed to be in the best interest of the citizens of the County. Such agreements shall be consistent with this Division 5 and applicable State law and shall set forth the specific terms and conditions of membership in the Fund.
Prince George's County, Md., Code § 10-176 (2026)
Sec. 10-176. Management of the FundLinkCopy Citation
(a)
The Risk Management Fund shall be governed by a Risk Management Committee which shall be comprised of one voting representative from each of the following members: Prince George's County, the Board of Education of Prince George's County, the Board of Trustees of Prince George's Community College, and the Prince George's County Memorial Library, pursuant to Section 10-181 of this Division.
(b)
The County Attorney shall provide legal counsel, advice and representation to the Risk Management Fund and each of its members unless a member elects to provide for its own legal representation. The County Attorney, or the member's attorney, in the event that legal representation is provided by a member, shall provide for the defense of claims made against each member, its public officials, employees and agents for which coverage has been extended by the Risk Management Fund. The Risk Management Fund shall pay the cost of all legal representation, at a uniform hourly rate of remuneration established by the Bylaws and shall charge the account of the member represented. The County Attorney, upon request, shall consult with and advise counsel for each member, if any, on all matters pertaining to a claim against the member.
(c)
Each member's account shall be charged the pro rata share of the operating expenses of the Fund as established by the Bylaws and shall be charged the actual expenses of any specialized services requested by the member or uniquely incurred for its benefit.
Prince George's County, Md., Code § 10-177 (2026)
Sec. 10-177. Powers and Duties of the Risk Management FundLinkCopy Citation
The Risk Management Fund is authorized, by and through the Risk Management Committee acting with the concurrence of the affected member, to defend, compromise and pay claims asserted against members, provide protection against physical loss or damage to the property of members, employ actuaries, adjusters and other experts, provide for the direct and indirect expenses of legal representation and defense, adopt Bylaws and to possess such other necessary powers as required to provide for the effective and efficient administration and operation of a self-insurance and risk management program.
Prince George's County, Md., Code § 10-178 (2026)
Sec. 10-178. VotingLinkCopy Citation
A simple majority of the members of the Risk Management Committee shall be required to decide all issues submitted to the Committee except the adoption and amendment of Bylaws, provided that no claim shall be compromised without the affirmative vote of the Member or Members against which the claim is asserted.
Prince George's County, Md., Code § 10-179 (2026)
Sec. 10-179. Withdrawal from the FundLinkCopy Citation
(a)
Any member may withdraw from the Risk Management Fund upon six (6) months' written notice to the Chairman, Risk Management Committee. The effective date of such withdrawal shall be at the close of the fiscal year ending no less than six (6) months after such notice has been made.
(b)
Upon withdrawal, the Risk Management Fund shall pay to the withdrawing member the sum of unexpended encumbered reserves, ninety percent (90%) of the unencumbered reserves and the interest earned with respect to such encumbered and unencumbered reserves.
(c)
Liability for incurred but unsettled claims at the date of withdrawal shall vest in the withdrawing member. The Risk Management Fund shall not be liable for any claim which arises after the date of withdrawal.
(d)
Payments made to a withdrawing member shall be subject to adjustment to reflect the actual account balances as determined by audit. Any deficiency owed by the withdrawing member or any account balance owed by the Risk Management Fund shall be paid within thirty (30) days after the final accounting of the Risk Management Fund is rendered.
Prince George's County, Md., Code § 10-180 (2026)
Sec. 10-180. Financing the Risk Management FundLinkCopy Citation
Subject to appropriations contained in the approved annual budget, each member of the Risk Management Fund shall be required to pay into the Risk Management Fund a sum of money determined by the Risk Management Committee to be sufficient to provide for its contribution to the Risk Management Fund which will be computed by considering the premium cost, claim expense, operating expense, interest income, and the maintenance of reserve fund. The contribution shall reflect the principles of incurred claims accounting as indicated by periodic actuarial evaluations of the Risk Management Fund. Accrued interest shall be apportioned among and credited to the unencumbered reserve and encumbered reserve accounts of each member. The Director of Finance shall be responsible for investing the money of the Risk Management Fund in accounts and securities as allowed by law.
Prince George's County, Md., Code § 10-181 (2026)
Sec. 10-181. BylawsLinkCopy Citation
(a)
The Risk Management Committee shall establish Bylaws for the conduct of business of the Risk Management Fund.
(b)
The Bylaws shall be adopted and amended by the affirmative vote of at least two-thirds of the members of the Risk Management Committee.
Prince George's County, Md., Code § 10-181.01 (2026)
Sec. 10-181.01. Persons coveredLinkCopy Citation
(a)
In any suit or claim brought against an officer, agent or employee the Risk Management Fund shall extend coverage to such officer, employee, or agent if:
(1)
The action was taken in performance of his duties or within his authorized official capacity as determined by a court of competent jurisdiction or determined by the Risk Management Committee;
(2)
The action of the officer, employee, or agent was without malice; and
(3)
The officer, employee, or agent shall cooperate with counsel for the Risk Management Fund and assist in the conduct of suits and enforcement of any right of contribution or indemnity against any person or organization who may be liable to such officer, employee, or agent. The officer, employee, or agent shall attend hearings, depositions, and trials and assist in securing and giving evidence as required by counsel for the Risk Management Fund. Failure to cooperate with counsel for the Risk Management Fund that prejudices the Risk Management Fund shall be grounds to deny coverage to an officer, employee, or agent at the discretion of the Risk Management Committee.
(b)
In the case of a claim arising from damages alleged to have been caused as a result of the ownership, possession, custody, maintenance, or use of a dog, utilized for police or patrol purposes, the member responsible for such dog shall be extended coverage.
(c)
In the case of a claim against the driver of a motor vehicle insured by the Risk Management Fund, the driver shall be covered if the driver had express or implied authority to use the motor vehicle at the time of the incident giving rise to the claim. The fact that the driver may have exceeded the scope of his authority shall not relieve the fund from extending coverage.
(d)
The limitations of this Section shall not limit any coverage provided by the Risk Management Fund to a member pursuant to Section 10-174(e).
Prince George's County, Md., Code § 10-181.02 (2026)
Sec. 10-181.02. No waiver of any immunityLinkCopy Citation
No provision of this Division shall constitute or be interpreted as a waiver of the right of any member of the Risk Management Fund or of such members, officers, employees or agents to raise the defense of sovereign or governmental immunity, or charitable immunity, or public official immunity or other immunity or defense to which such member or its officers, employees or agents is entitled.
Prince George's County, Md., Code § 10-181.03 (2026)
Sec. 10-181.03. DefinitionsLinkCopy Citation
(a)
As used in and for the purposes of this Division, the following words and phrases shall have the meaning assigned to them therein:
(1)
The word employee as used in this Division shall mean any duly elected or appointed official, member, trustee, full-time or part-time employee, volunteer recognized by the Chairman of the Risk Management Fund or any other person employed by or acting on behalf of any Risk Management Fund member, including such person when acting in the capacity of trustee, officer, employee or agent of any trust or pension plan created by a Member.
(2)
The words encumbered reserve shall mean the amount identified and segregated to provide for the cost of paying or setting a claim asserted against the Risk Management Fund. The encumbrance of such funds shall not be construed to be an admission of liability in any claim or legal action.
(3)
The words operating expenses shall mean the direct and indirect cost of providing for the administration of the Risk Management Fund, including but not limited to, professional and consultants' fees, taxes, insurance premiums, investigation expenses and the expenses of litigation.
(4)
The words personal injury, property damage and wrongful acts as those words are defined by common usage in the commercial insurance industry, provided however, that the Risk Management Committee, by unanimous vote, may enlarge the scope of these words in order to pay a claim asserted against a member when payment of such a claim is deemed to be in the best interest of the citizens of the County.
(5)
The words unencumbered reserve shall mean the total of member contributions less encumbered reserves less operating expenses of the Risk Management Fund.
Prince George's County, Md., Code § 10-181.04 (2026)
Sec. 10-181.04. Settlement of claims by County; annual reports requiredLinkCopy Citation
(a)
Definitions. In this Section, the following terms shall have the following meanings indicated:
(1)
Civil Rights claim means an assertion by a claimant that the County or County 21 employee injured the claimant by a violation of federal, state, or local civil rights statute.
(2)
Party means a person who settles a claim or a person who allegedly committed the misconduct.
(3)
Self-Insurance Fund means insurance coverage, including a legal defense, provided to the County and its officials, employees, and agents.
(4)
Self-Insurance Fund Lawsuit means a claim or legal proceeding that is covered under the Self Insurance Fund that alleges a violation of:
(A)
federal or state constitutional rights;
(B)
civil rights claims; or
(C)
common law tort claims.
(b)
By October 1 of each year, the County Attorney shall submit to the County Executive and the County Council, and shall publish on the County website, a written report that summarizes the settlement of each Self-Insurance Fund Lawsuit or other lawsuit alleging employment discrimination during the prior fiscal year.
(c)
For each settlement in a lawsuit alleging violation of federal or state constitutional rights, civil rights claims, employment discrimination or intentional torts, the report shall identify:
(1)
the claimant or claimants; and
(2)
the dollar amount, or other consideration, under the settlement; and
(3)
the nature of the claim; and
(4)
the County departments or offices involved in the claim; and
(5)
demographic information voluntarily provided by the parties; and
(6)
the applicable legal authority or reason if any information relating to the settlement is excluded because disclosure may be in violation of law.
(d)
The County shall not agree to a non-disclosure in a settlement agreement that would prevent public disclosure of the settlement agreement. This subsection does not apply to information that is prohibited from disclosure under law.
(e)
The County Attorney shall, at the conclusion of a settlement agreement, provide a demographic sheet for parties to voluntarily disclose demographic information. The demographic sheet shall, at a minimum, collect the following data:
(1)
race;
(2)
ethnicity;
(3)
gender identity;
(4)
age;
(5)
sexual orientation;
(6)
religion; and
(7)
any other demographic information voluntarily provided by the parties.
(f)
A party of a settlement agreement may choose to opt out and decline providing demographic information by signing an attestation statement provided by the County Attorney.