NY Gen Mun L § 216 (2021)
2021 New York Laws GMU - General Municipal Article 11-A - Service Award Programs 216 - Authorization to Establish Service Award Programs for Volunteer Firefighters of Political Subdivisions of the State and for Volunteer Firefighters Oth

§ 216. Authorization to establish service award programs for volunteer firefighters  of  political  subdivisions of the state and for volunteer firefighters other than of political subdivisions of the state. 1. a.  A service award program may be adopted only by resolution of the governing board  of  a political subdivision, receiving the affirmative vote of at least sixty percent of the governing board of the political  subdivision having  control  of  the  fire  departments  and fire companies, and the approval of a mandatory  referendum  authorizing  the  adopting  of  the program by the eligible voters within such political subdivision.   b.  The resolution authorizing the adoption of a service award program shall state:  (i) the name of each fire company having  volunteer  firefighters  who are potential participants in the program;  (ii)  whether  the  program  will  be  administered  by  the political subdivision or the state;  (iii) the entitlement age under the program;  (iv) the estimated annual cost of  program,  including  the  estimated annual administration fee;  (v)  the  number  of  years  of  fire  service  required  to  obtain a nonforfeitable right to a service award;  (vi) the activities for which points shall be granted toward a year of fire service;  (vii) the amount of the contribution to the  program  to  be  made  on behalf of each participant credited with a year of fire service;  (viii)  the extent to which the program provides for contributions for fire service rendered by a participant during one or more  of  the  five calendar years immediately preceding the adoption of the program;  (ix)  in  the  case  of  a  service  award  program which provides for contributions for fire service rendered by a participant during  one  or more  of  the  five calendar years immediately preceding the adoption of the program, the timing and method of financing such contributions;  (x) the date as of which the program shall take effect; in the case of a service award program to take effect on a day other than the first day of January, whether points toward  a  year  of  fire  service  shall  be granted  for  activities  performed  prior  to the effective date of the program and on or after the immediately preceding first day of  January; and  (xi) the date on which the proposition authorizing the adoption of the program shall be submitted to referendum.   2.  Upon  the  affirmative  vote  of  at  least  sixty  percent of the governing  board  of  the   political   subdivision,   which   political subdivision  has  contracted  with  volunteer  fire  departments or fire companies located in  a  fire  protection  district  of  such  political subdivision,  there shall be held a mandatory referendum of the eligible voters residing within  such  fire  protection  districts  to  determine whether such governing board shall establish a service award program for the  volunteer  firefighters  of such volunteer fire departments or fire companies.   3. (a) The referendum described in subdivision  one  or  two  of  this section  shall state the type of service award program selected, whether a defined contribution program described in section two hundred eighteen or a defined benefit program described in section two  hundred  nineteen of this article.  (b) The referendum described in subdivision one or two of this section shall  state  the  estimated  annual  cost of the service award program, including the estimated annual administration fee, the projected monthly award to be paid to eligible volunteer firefighters  and  the  estimated annual cost per covered participant.  (c) The referendum described in subdivision one or two of this section shall  state  whether  the service award program will be administered by the political subdivision or the state of New York.  (d)  Payments  under  the  service award program if adopted, shall not impair any rights of the  volunteer  firefighters  under  the  volunteer firefighters' benefit law or any other law.  (e)  Except  as  otherwise  provided  in this paragraph once a service award program has been established, it may be abolished  or  amended  in the  same  manner as it was created in accordance with the provisions of this article by following the procedures set forth in subdivision one or two of this section. The point system adopted by the governing board  of the  sponsor  of  a service award program pursuant to subdivision (c) of section two hundred seventeen of this article  may  be  amended  by  the affirmative  vote  of  at  least  sixty percent of such governing board, without referendum, provided, that, consistent with  the  provisions  of subdivision (c) of section two hundred seventeen, the only effect of the amendment   is  to  decrease  the  number  of  points  granted  for  the performance of an activity, increase the amount of an activity  required to earn the points granted for the performance of the activity, or both. Any  amendment  to  a service award program shall only take effect as of the first day of January next succeeding completion of  the  proceedings required   for   adoption   of   the  amendment  and  shall  only  apply prospectively.   4. Within thirty days of voter approval of the referendum described in subdivisions one and two of this section, the  governing  board  of  the political subdivision shall notify the state comptroller of the adoption of the service award program, whether such service award program will be a  defined  contribution plan or a defined benefit plan, and whether the plan will be administered by the political subdivision or the  state  of New York.   5. Notwithstanding any inconsistent provision of law, no member of the governing board of a political subdivision of the state is prohibited by virtue  of being a member of a volunteer fire company or department from voting upon a resolution authorizing a referendum on  the  establishment of  a  service award program if more than forty percent of the governing board would otherwise be prohibited from voting  upon  such  resolution. Any  member  of  such  governing board voting upon such a resolution who serves as a member of a  volunteer  fire  company  or  department  shall publicly  disclose  in  writing to the governing board such status. Such written disclosure shall be part of and set forth in the official record of the proceedings of such governing board.