Department of Higher Education and Training Technical and Vocational Education and Training College Recommended Short Term Insurance Policy Department of Higher Education and Training Recommended Short Term Insurance Policy for Public TVET Colleges 1 8 February 2016 Version 1 Department of Higher Education and Training Technical and Vocational Education and Training College Recommended Short Term Insurance Policy TABLE OF CONTENTS PAGE 1. Legislative framework and best practices 4 2. Purpose 4 3. Definitions, acronyms and abbreviations 4 4. Scope 5 5. Management of losses and claims 5 6. Insurable risk options 5 7. Guidelines to appointing an Insurance Broker 10 8. Adoption of policy 11 9. Availability of Short Term Insurance policy 11 10. Annual review of policy 11 2 8 February 2016 Version 1 Department of Higher Education and Training Technical and Vocational Education and Training College Recommended Short Term Insurance Policy AMENDMENT AND APPROVAL RECORD Amendment Amendment No. description Originator Approved By Date Name of TVETC: ……………………………… Short Term Insurance policy Department: Corporate Services Responsibility : Accounting Officer _________________________ ______________________ Prepared and submitted by the Accounting Officer to Council Adopted by Council (Signed by Chairperson obo Council) Date: _________________ Date: _________________ 3 8 February 2016 Version 1 Implementation Date: XXXXXXXX Department of Higher Education and Training Technical and Vocational Education and Training College Recommended Short Term Insurance Policy 1. Legislative framework and best practices Key principles contained in the following legislation and best practices were applied to develop this policy: (a) CET Colleges Act No.16 of 2006, as amended ( formerly the FET Act); (b) Public Finance Management Act, 1999 (Act No 1 of 1999, as amended by Act 29 of 1999) (PFMA); (c) National Treasury Regulations, March 2005; (d) Draft National Treasury Regulations Gazette No. 35939 (dated 30 November 2012); and (e) National Treasury Public Sector Risk Management Framework (dated 1 April 2010). 2. Purpose The purpose of this policy is to provide definitions of insurable risks that a College may be required to consider in view of best practices to be found at - section 12.1 of National Treasury Regulations and section 8.1 of the Draft National Treasury Regulations, Gazette No. 35939 (dated 30 November 2012). 3. Definitions, acronyms and abbreviations For the purpose of this policy, unless the context indicates otherwise, the following definitions, acronyms and abbreviations are set out for the terms indicated: 3.1 “Accounting Officer” – is the College Principal. 3.2 “Act” – is the CET Colleges Act No.16 of 2006, as amended. 3.3 “COID” – is the Compensation for Occupational Injuries and Disease Act. 3.4 “College” – is a Public TVET College (formerly known as a FET College ). 3.5 “Department”; “DHET” – is the Department of Higher Education and Training. 3.6 “Employee” – is any official, employed by the College, irrespective of grade, fulltime or part-time, or Council-or Departmental-appointed, or paid on a salaried or an hourly/daily individual basis. 3.7 “Insurance” – is the mechanism adopted to transfer the risk of an event occurring, to a third party. The risk is transferred to an insurer and a premium is paid to the insurer as compensation for taking on the risk. 3.8 “Minister” – is the Minister of the Department of Higher Education and Training. 3.9 “Short term insurance” – is insurance cover that is taken for set periods, often from year to year. 3.10 “TVET” – is Technical and Vocational Education and Training. 4 8 February 2016 Version 1 Department of Higher Education and Training Technical and Vocational Education and Training College Recommended Short Term Insurance Policy 5 8 February 2016 Version 1 Department of Higher Education and Training Technical and Vocational Education and Training College Recommended Short Term Insurance Policy 4. Scope This policy is a guideline to assist the Accounting Officer in determining how much risk should be transferred to an insurer for any insurable risks. 5. Management of losses and claims The following sections of Draft Treasury Regulations Gazette No. 35939 (dated 30 November 2012) should be considered when managing losses and claims: 5.1 Section 8.1.1, states that “unless determined otherwise by law, institutions will bear their own damages and accident risks and be responsible for all claims and losses of the institution's property, where these arise from institutional activities by an employee who is liable in law and who is or was employed by an institution.” 5.2 Section 8.1.2 states that “notwithstanding section 8.1.1, the Accounting Officer of an institution may, if deemed economical and based on a risk assessment, insure motor vehicles, including hired vehicles, or such other movable assets as determined by the relevant Treasury.” 5.3 Section 8.1.3 states that “the insurance premiums related to costs referred to in section 8.1.2 of these Regulations may not, in the case of institutions, exceed an amount or a percentage of the institution's budget, as may be prescribed by the National Treasury by way of a Treasury Instruction.” 6. Insurable risk options The following insurable risk options should be considered by the Accounting Officer, in consultation with the Deputy Principal Finance, and Chief Risk Officer, on an annual basis. Records should be retained of decisions taken, including justification for accepting or rejecting an insurable risk option. 6.1 Available Covers Available covers are divided into two distinct sections – one commonly referred to as “Catastrophe Risks” and the second “Non-Catastrophe” risks. Catastrophe Risks are generally insured through conventional insurance markets whilst Non-Catastrophe risks can either be insured or potentially managed at operational level depending on the philosophy of the College (commonly referred to as Self Insurance). 6.1.1 Catastrophe Risk Exposures ( read in conjunction with paragraph 5): Policy Section Brief Description of Cover Afforded within a Short Term Insurance Policy 6 8 February 2016 Version 1 Benchmarked Limit of Indemnity Department of Higher Education and Training Technical and Vocational Education and Training College Recommended Short Term Insurance Policy Fire Damage to the whole or part of the property described in the schedule, owned by you the insured or for which you are responsible, including alterations by yourself as tenants to the buildings and structure, by fire, thunderbolt or lightning, explosions, storm, wind, water, hail or snow, aircraft and other aerial devices or articles dropped there from, impact, trees, aerials, satellite dishes or vehicles, malicious damage. Replacement value including VAT Business Interruption Financial loss following interruption of or interference with the business in consequence of damage occurring during the period of insurance at the premises in respect of which payment has been made or liability admitted under (i) the Fire Section (ii) the Buildings Combined Section (iii) the Office Contents Section (iv) and other material damage insurance covering the interest of the insured, but only in respect of perils insured under the Fire Section hereof. Insurable Gross Profit making provision for turnover growth during the insurance and reinstatement periods Fidelity/ Loss of money and/or property belonging to yourself or for which you are responsible stolen by an employee during the currency of this section R1,000,000 Commercial Crime Liability Damages for which you the insured shall become R30,000,000 legally liable to pay consequent upon accidental death of or bodily injury to or illness of any person, or accidental loss of or damage to tangible property occurring within the territorial limits during the period of insurance in the course of or in connection with the business. Directors & Officers Liability Damages for which you the insured shall become legally liable to pay as a result of any act or omission of an employee acting in their capacity as Director or Officer. Legal Defense Costs are included. R5,000,000 Contractors All-Risks and Contractors Liability Loss of or damage to (a) the Contract works whilst in transit, in storage or on the contract site and (b) accidental death, bodily injury, illness or disease and/or accidental tangible loss to tangible property arising directly out of the performance of the insured contract. Full contract value with Liability being R10 Million 7 8 February 2016 Version 1 Department of Higher Education and Training Technical and Vocational Education and Training College Recommended Short Term Insurance Policy 6.1.2 Non-Catastrophe Risks: Benchmarked Limit of Indemnity Policy Section Brief Description of Cover Afforded within a Short term Insurance Policy Accidental Damage Accidental physical loss of or damage to the insured’s property at or about the premises not otherwise insured or for which insurance is available R1,000,000 Electronic Equipment Physical loss of or damage to the property insured as described in the schedule from any cause not hereinafter excluded whilst at work or at rest anywhere within your premises as specified; in transit including loading and unloading or whilst temporarily stored at any premises en route or temporarily removed from your premises to any other location Full replacement value including VAT Accounts Receivable Loss of or damage as a result of accident or misfortune to your books of account or other business books or records at the premises, in consequence whereof you are unable to trace or establish the outstanding debit balances in whole or part due to you. Estimated maximum amount of debtors book at any one time Buildings Combined Damage by the perils described in the Fire Section and including: Full replacement value including VAT Loss of Rent up to a maximum of 25% of the insured amount; Legal Liability; Theft accompanied by forcible and violent entry into or exit from the building Business All Risks Loss of or damage to the whole or part of the property described in the schedule while anywhere in the world by any accident or misfortune not otherwise excluded provided that you shall be responsible for the first amount payable stated in the schedule in respect of each and every event except a claim resulting from fire, lightning or explosion Theft Loss of or damage to all contents of any insured First Loss building at your premises described in the schedule as a result of theft accompanied by forcible and violent entry into, or exit from such building or any attempt thereat or as a result of theft, or any attempt thereat, following violence or threat of 8 8 February 2016 Version 1 Full replacement value including VAT Department of Higher Education and Training Technical and Vocational Education and Training College Recommended Short Term Insurance Policy Policy Section Brief Description of Cover Afforded within a Short term Insurance Policy Benchmarked Limit of Indemnity violence. Cover is on a first loss basis – average does not apply. Glass Loss of or damage to internal and external glass Full replacement (including mirrors), sign writing and treatment value including thereon at your premises as stated in the schedule, VAT the property of yourself or for which you are responsible Goods in Transit Loss of damage to the whole or part of the property described in the schedule, owned by yourself or for which you are responsible, in the course of transit by the means of conveyance or other means incidental thereto and caused by any accident or misfortune not otherwise excluded. Machinery Breakdown Any unforeseen, visible loss of or damage to Full replacement equipment as described in the schedule by an value including incident stated and not otherwise excluded while on VAT your premises, but excluding any loss of or damage caused by an incident covered under the Fire and Theft sections. Machinery Breakdown – Business Interruption Financial loss following interruption of or interference with the business in consequence of damage occurring during the period of insurance at the premises in respect of which payment has been made or liability admitted with regards to the Machinery Breakdown section. Per Business Interruption above, but specifically listed for specific machinery Money Loss of or damage to money at your premises or in transit to and from the bank. Money stored in a locked safe at night is limited to a value depending on the category of the safe. Please consult with Marsh for further details. First Loss Motor Loss of or damage to any vehicle described in the Retail Value schedule and its accessories and spare parts whilst thereon, including liability occurred towards third parties. Motor Loss of or damage to vehicles (not owned by the Traders – Insured) whilst on the Insured Property as Internal Risks described in the schedule, including liability to a third party. 9 8 February 2016 Version 1 Maximum any one load taking into account the basis of valuation Retail value Department of Higher Education and Training Technical and Vocational Education and Training College Recommended Short Term Insurance Policy Motor Traders – External Risks Loss of or damage to vehicles (not owned by the Insured) whilst in the course of a journey including liability to a third party. Retail value Office Contents Loss of or damage to the office contents (excluding Computer Equipment) unless otherwise stated in the schedule, as per the perils under the Fire section, including: Full replacement value including VAT Theft or any attempt thereof; Loss of Rent up to 25% of the insured amount; Loss of or damage to Documents; SASRIA Loss of or damage to the insured property as a direct result of Rioting, Strike or Public Disorder. Per underlying policy – consider Standing Charges Personal Accidental & Stated Benefits Bodily injury caused by accidental, violent, external and visible means to any principal, partner, director or employee of the insured specified in the schedule. Variable Marine Loss of or damage to goods whilst being imported, Replacement exported or temporarily being stored whilst part of a value depending marine voyage. on the basis of valuation Contractual works insurance In terms of Construction Industry Board Act of 2000 As required per (Act28 of 2000). works contract value Students accidental death or injury To provide for lump sum benefits on the accidental death disability or medical expenses incurred. R100, 000 per student 7. Guidelines to Appointing an Insurance Broker In addition to any proposed insurance covers, a list of physical addresses with Buildings and Assets with sum insured at each location should be included in any Tender document. All values should be New Replacement Cost including Vat. Having a Total Sum Insured with a target location will enable a Broker to obtain best terms for all locations, rather than a tender at each location which will produce a higher rate. 10 8 February 2016 Version 1 Department of Higher Education and Training Technical and Vocational Education and Training College Recommended Short Term Insurance Policy It is also recommended a successful Broker is appointed for a 3 year period as this will reduce fees charged over the appointment period. 8. Adoption of policy This policy is effective from the date on which it is adopted by the Council. 9. Availability of Short Term Insurance policy A copy of this policy and other relevant documentation should be made available on the College website. 10. Annual review of policy This policy will be subject to an annual review by College management to ensure its relevance. Colleges should forward any inputs and recommendations to the TVET Branch of DHET for possible consideration during the annual review process. Any recommended changes to the Short Term Insurance policy should be presented to the College Council for adopted. 11 8 February 2016 Version 1