NY Gen Mun L § 216-C (2021)
2021 New York Laws GMU - General Municipal Article 11-A - Service Award Programs 216-C - State Administration of Service Award Programs.

§  216-c.  State  administration  of  service award programs. 1. On or before the fifteenth day of November, two thousand  eight  and  of  each succeeding  calendar  year, the administrator shall determine the amount that each participating program sponsor  is  required  to  pay  for  the state-administered  service  award  programs.  The  administrator  shall submit to the fiscal officer of each political subdivision  a  statement of the amount so payable. Such amount shall consist of the amount deemed necessary to provide for payment in full of all estimated obligations of the  current  fiscal  year  of  the  fire service awards program and any additional obligations, plus interest on such amount, for  fiscal  years proceeding  the  current  fiscal  year.  If,  as  a result of the amount determined to be paid for  any  fiscal  year,  a  participating  program sponsor  over-paid its actual obligation for that year, the amount to be determined  by  the  administrator  for  the  next  succeeding  November fifteenth  shall  reflect the amount of the over payment, plus interest, as a reduction in the amount otherwise  required  to  be  paid  by  such participant political subdivision.   2.   State-administered   service  award  programs  may  be  centrally administered by the state comptroller, or the comptroller may enter into one or more of the following contracts:  (a) a contract with an  administrative  service  agency  or  financial organization to serve as program administrator and to perform all or any portion  of  the  functions  required  to  establish and administer such programs including, but not limited to, preparation of a plan  document, record keeping, reporting, payment of service awards, and having custody of program moneys and assets;  (b)  contracts  with  one  or  more  financial organizations to invest program moneys; or  (c) a contract with an actuary for the performance  of  all  actuarial calculations required by the program.   If  the  comptroller  contracts for the performance of any function as provided in this subdivision, the comptroller shall be liable  only  for the  exercise of due care in the selection of the administrative service agency, financial organization or actuary performing the function.   3. The state comptroller shall promulgate rules  and  regulations,  as appropriate,  for  the service award programs. Such rules shall include, but not be limited to, standards for the selection of service providers, the method and timing of  the  payments  required  to  be  made  by  the sponsor,  reporting requirements, matters relating to the preparation of a  plan  document,  application  procedures  for   transfer   into   the state-administered program, and any other matter relating to the service award programs.   4.  (a)  The state comptroller, or an administrative service agency or financial organization serving as program administrator,  shall  prepare and  may  amend  a single plan document setting forth the obligations of sponsors, the rights of the volunteer firefighters,  and  standards  and procedures  for  the  administration  of  all state-administered service award programs. The plan document and any amendments  thereto  shall  be consistent   with   the  provisions  of  this  article,  the  rules  and regulations promulgated by the comptroller and any  amendments  thereto. If  the  plan  document  or  any  amendment  thereto  is  prepared by an administrative service agency or financial organization,  it  shall  not take effect until approved by the comptroller.  (b)  The  program  administrator  shall  cause  a  summary of the plan document to be provided to each participant within six months  from  the date  that  program  participation  commences. The program administrator shall also cause a  summary  of  any  material  amendment  of  the  plan  document  to  be  provided  to each participant within six months of the date the amendment takes effect.  (c)  The  plan  document and the summary of the plan document shall be made available for public inspection and copying.   5. All program assets shall be held in trust for the exclusive purpose of providing service awards to participants and their  beneficiaries  or for  the  purpose  of defraying the reasonable expenses of the operation and administration of the program. The trust shall  be  established  and may  be  amended by the state comptroller. The comptroller may designate himself or herself, an administrative service  agency,  or  a  financial organization  as  trustee,  and  may substitute trustees. If the service award programs and the trust are not tax qualified within the meaning of sections 401 and 501 of the Internal Revenue Code  of  1954  (68A  Stat. 3.26  U.S.C. 401 and 501), the trust may provide that assets apportioned to an individual sponsor  may  be  subject  to  the  claims  of  general creditors,  if  any,  of the sponsor or may contain such other terms and provisions as are necessary to ensure that participation  in  a  service award  program  does not result in taxable income under any provision of the Internal Revenue Code of 1986, as amended.   6. There is hereby established in the custody of the state comptroller a special fund to be known as the volunteer  firefighter  service  award fund.  Such  fund  shall  consist of any money of service award programs held by the comptroller. Moneys may be paid from such  fund  without  an appropriation  by law. All payments from such fund shall be made only in accordance  with  the  provisions  of  this  article,  the   rules   and regulations promulgated thereto and the plan document.   7. The moneys held for the sponsor of each service award program shall be  accounted  for separately. The administrator shall cause a statement of contributions to be provided to sponsors at least once annually.   8. The administrator and every fiduciary of a  service  award  program shall  be  required  to  act  solely  in  the  interest of the program's participants and beneficiaries. Notwithstanding the  provisions  of  any general  or  special  law  restricting  the  power  or duty of the state comptroller to invest moneys belonging to a fund which  the  comptroller is  authorized  to  invest,  a fiduciary may accept, hold, invest in and retain any investment if purchased or retained  with  the  care,  skill, prudence  and  diligence  under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such  matters would  use  in  the  conduct of an enterprise of like character and with like aim.   9. (a) All contracts or  agreements  with  an  administrative  service agency,  financial  organization  or actuary shall be awarded only after receiving  competitive  proposals.  In  addition  to   other   statutory requirements,  the  state comptroller shall cause to be published in the state register and in the official newspaper or newspapers, if  any,  or otherwise  in  an appropriate newspaper designated for such purposes, at least sixty days prior to the date on which the  contract  or  agreement will  be  awarded  and  shall  request  proposals  within thirty days of publications.  (b) All contracts and agreements entered into with  an  administrative service  agency,  financial organization or actuary shall be in writing, shall not exceed five years in duration, and shall impose  no  penalties or  surrender  charges for the transfer of assets or responsibilities on termination of the contract or agreement. Such contracts and  agreements shall be available for public inspection and copying.