N.Y. GMU Law § 216 — New York Code / Act GMU / Article 11-A / Section 216
Authorization to establish service award programs for volunteer firefighters of political subdivisions of the state and for volunteer fir...
Status: in_force

§ 216. Authorization to establish service award programs for volunteer\nfirefighters of political subdivisions of the state and for volunteer\nfirefighters other than of political subdivisions of the state. 1. a. A\nservice award program may be adopted only by resolution of the governing\nboard of a political subdivision, receiving the affirmative vote of at\nleast sixty percent of the governing board of the political subdivision\nhaving control of the fire departments and fire companies, and the\napproval of a mandatory referendum authorizing the adopting of the\nprogram by the eligible voters within such political subdivision.\n  b. The resolution authorizing the adoption of a service award program\nshall state:\n  (i) the name of each fire company having volunteer firefighters who\nare potential participants in the program;\n  (ii) whether the program will be administered by the political\nsubdivision or the state;\n  (iii) the entitlement age under the program;\n  (iv) the estimated annual cost of program, including the estimated\nannual administration fee;\n  (v) the number of years of fire service required to obtain a\nnonforfeitable right to a service award;\n  (vi) the activities for which points shall be granted toward a year of\nfire service;\n  (vii) the amount of the contribution to the program to be made on\nbehalf of each participant credited with a year of fire service;\n  (viii) the extent to which the program provides for contributions for\nfire service rendered by a participant during one or more of the five\ncalendar years immediately preceding the adoption of the program;\n  (ix) in the case of a service award program which provides for\ncontributions for fire service rendered by a participant during one or\nmore of the five calendar years immediately preceding the adoption of\nthe program, the timing and method of financing such contributions;\n  (x) the date as of which the program shall take effect; in the case of\na service award program to take effect on a day other than the first day\nof January, whether points toward a year of fire service shall be\ngranted for activities performed prior to the effective date of the\nprogram and on or after the immediately preceding first day of January;\nand\n  (xi) the date on which the proposition authorizing the adoption of the\nprogram shall be submitted to referendum.\n  2. Upon the affirmative vote of at least sixty percent of the\ngoverning board of the political subdivision, which political\nsubdivision has contracted with volunteer fire departments or fire\ncompanies located in a fire protection district of such political\nsubdivision, there shall be held a mandatory referendum of the eligible\nvoters residing within such fire protection districts to determine\nwhether such governing board shall establish a service award program for\nthe volunteer firefighters of such volunteer fire departments or fire\ncompanies.\n  3. (a) The referendum described in subdivision one or two of this\nsection shall state the type of service award program selected, whether\na defined contribution program described in section two hundred eighteen\nor a defined benefit program described in section two hundred nineteen\nof this article.\n  (b) The referendum described in subdivision one or two of this section\nshall state the estimated annual cost of the service award program,\nincluding the estimated annual administration fee, the projected monthly\naward to be paid to eligible volunteer firefighters and the estimated\nannual cost per covered participant.\n  (c) The referendum described in subdivision one or two of this section\nshall state whether the service award program will be administered by\nthe political subdivision or the state of New York.\n  (d) Payments under the service award program if adopted, shall not\nimpair any rights of the volunteer firefighters under the volunteer\nfirefighters' benefit law or any other law.\n  (e) Except as otherwise provided in this paragraph once a service\naward program has been established, it may be abolished or amended in\nthe same manner as it was created in accordance with the provisions of\nthis article by following the procedures set forth in subdivision one or\ntwo of this section. The point system adopted by the governing board of\nthe sponsor of a service award program pursuant to subdivision (c) of\nsection two hundred seventeen of this article may be amended by the\naffirmative vote of at least sixty percent of such governing board,\nwithout referendum, provided, that, consistent with the provisions of\nsubdivision (c) of section two hundred seventeen, the only effect of the\namendment is to decrease the number of points granted for the\nperformance of an activity, increase the amount of an activity required\nto earn the points granted for the performance of the activity, or both.\nAny amendment to a service award program shall only take effect as of\nthe first day of January next succeeding completion of the proceedings\nrequired for adoption of the amendment and shall only apply\nprospectively.\n  4. Within thirty days of voter approval of the referendum described in\nsubdivisions one and two of this section, the governing board of the\npolitical subdivision shall notify the state comptroller of the adoption\nof the service award program, whether such service award program will be\na defined contribution plan or a defined benefit plan, and whether the\nplan will be administered by the political subdivision or the state of\nNew York.\n  5. Notwithstanding any inconsistent provision of law, no member of the\ngoverning board of a political subdivision of the state is prohibited by\nvirtue of being a member of a volunteer fire company or department from\nvoting upon a resolution authorizing a referendum on the establishment\nof a service award program if more than forty percent of the governing\nboard would otherwise be prohibited from voting upon such resolution.\nAny member of such governing board voting upon such a resolution who\nserves as a member of a volunteer fire company or department shall\npublicly disclose in writing to the governing board such status. Such\nwritten disclosure shall be part of and set forth in the official record\nof the proceedings of such governing board.\n