NY Gen Mun L § 219-M (2021)
2021 New York Laws GMU - General Municipal Article 11-AAA - Defined Benefit Service Award Program for Volunteer Ambulance Workers 219-M - Participation, Vesting and Service Credit.

§  219-m.  Participation,  vesting  and service credit. 1. A volunteer ambulance worker must be eligible to participate in  any  service  award program  provided  under  this article if the volunteer ambulance worker has reached the age of eighteen and has completed at least one  year  of ambulance service.   2.  A participant shall have a nonforfeitable right to a service award upon  completing  five  years  of   ambulance   service.   Any   amounts attributable  to  forfeiture  of  a participant's service award shall be used to  reduce  contributions  for  all  other  service  award  program participants  and shall not in any case be used to increase benefits for any other participants. The provisions of  this  subdivision  shall  not preclude amendment of a service award program to provide for an increase in benefits.   3. A year of ambulance service shall be credited under a service award program  for  each  calendar  year, beginning with the year in which the program is adopted, in which a volunteer ambulance worker accumulates at least fifty points. Except as  provided  in  subdivision  five  of  this section  and subdivision eight of section two hundred nineteen-l of this article, points shall be granted  for  activities  performed  after  the effective date of the program in accordance with a system adopted by the sponsor  which  shall be applied on a consistent and uniform basis. Such system shall  provide  that  points  shall  be  granted  for  activities designated  by  the sponsor, which activities shall be selected from the following:  (a) Training courses -- twenty-five points maximum.  (i) Courses under twenty hours duration -- one point per hour, with  a maximum of five points.  (ii)  Courses  of twenty to forty-five hours duration -- one point per hour for each hour over initial twenty hours,  with  a  maximum  of  ten points.  (iii)  Courses  over  forty-five  hours duration -- fifteen points per course. For purposes of this paragraph, the term "training course" shall mean  a course of instruction having a prescribed topic and syllabus. Points for a  training  course shall be awarded only upon the successful completion of the course and only in the year in which the course  is  successfully completed.  (b)  Drills  and  seminars  --  twenty  points  maximum. One point per minimum two hour drill or seminar. For purposes of this  paragraph,  the term  "drill"  shall  mean  a skills practice or skills training session related to emergency medical service and the term "seminar" shall mean a lecture on a topic relating to the emergency medical service.  (c) Sleep-in or stand-by -- twenty points maximum.  (i) Sleep-in -- one point each full night.  (ii) Stand-by -- one point each. A stand-by is defined as line of duty activity of the volunteer ambulance company, lasting for four hours, not falling under one of the other categories. A service  award  program  may  not  provide  points  pursuant  to  this paragraph  if  the program provides points for tours of duty pursuant to paragraph (d) of this subdivision.  (d) Tours of duty. A maximum of twenty points may be  granted  serving tours  of  duty at a rate equal to no more than one-sixth of a point per hour  served  as  determined  by  the  sponsor.  For  purposes  of  this paragraph,  the  term "tour of duty" shall mean a line of duty activity, not falling under one of  the  other  paragraphs  of  this  subdivision, involving a period of time scheduled or assigned by an ambulance company during  which  a volunteer ambulance worker is responsible for providing emergency  medical  service  or  general  ambulance  service,  including  sleep-ins, stand-bys and backup duty, by reason of being stationed at an event,  as  part of a rostered duty crew or as otherwise provided by the regular procedures of the ambulance company. A sponsor may  also  define two  or  more activities included within the meaning of the term tour of duty and provide for points to be granted for the  performance  of  such activities at different rates, provided, that points for such activities shall  not  be  granted  at a rate in excess of one-sixth of a point per hour served and no more than twenty points shall be granted for all such activities. A service award program may not provide points  pursuant  to this paragraph if the program provides points for sleep-ins or stand-bys pursuant to paragraph (c) of this subdivision.  (e)  Elected  or appointed position, as defined in subdivision sixteen of section two hundred nineteen-k of this article -- twenty-five  points maximum.  (i) Completion of one year term in an elected or appointed position.  (ii) A volunteer ambulance worker elected to serve as a delegate to an ambulance  workers'  convention  shall  also  be eligible to receive one point per meeting.  (iii) A volunteer ambulance worker appointed to serve on the New  York state  emergency  medical  services council, the state emergency medical advisory committee, a regional emergency medical services council  or  a regional  emergency  medical advisory committee, established pursuant to article thirty of the public  health  law  shall  also  be  eligible  to receive one point per meeting.  (f) Attendance at meetings -- twenty points maximum.  (i)  Attendance  at  any official meetings of the ambulance company -- one point per meeting.  (ii) Attendance at official meetings of a standing  committee  of  the ambulance company by a member of the committee -- one point per meeting.  (g) Participation in ambulance company responses -- twenty-five points for responding on the minimum number of calls, as outlined below: Total number of calls              0         500       1000      1500 ambulance company responds         to        to        to        and to annually                        500       1000      1500      over  Minimum number of calls            10%       7.5%      5%        2.5% volunteer ambulance worker must run annually in order to receive twenty-five points credit A  volunteer  ambulance  worker  who  is granted points toward a year of ambulance service pursuant to this paragraph may not be  granted  points toward  the same year of ambulance service for alternative participation company responses pursuant to paragraph (h) of this subdivision.  (h) Alternative participation  in  company  responses.  A  maximum  of twenty-five points may be granted for participation in company responses at  a  rate  equal  to  no  more  than  one-half  point  per response as determined by the sponsor. A volunteer ambulance worker who  is  granted points toward a year of ambulance service pursuant to this paragraph may not  be  granted  points  toward  the same year of ambulance service for participation in company responses pursuant to  paragraph  (g)  of  this subdivision.  (i)  Miscellaneous activities -- maximum fifteen points. Participation in inspections and other activities covered by the  volunteer  ambulance workers' benefit law and not otherwise listed -- one point per activity.  (j)  Activities;  designation. The sponsor may designate less than all the activities specified in this subdivision  as  activities  for  which points may be earned.    * (k)  Determination  of  points.  For  purposes  of determining total points earned for a calendar year in which a state  disaster  emergency, as  defined  in  section  twenty of the executive law, has been declared pursuant to executive order number  two  hundred  two  of  two  thousand twenty,  as  amended,  to  address  the  outbreak  of novel coronavirus, COVID-19, an active volunteer ambulance worker award program may provide for the crediting of up to five additional points  per  month,  prorated for  periods  of less than one month, to each volunteer ambulance worker for each month that special  emergency  response  rules  were  in  place restricting  ambulance  workers  responses to emergency responses and/or restricting the holding of activities for which points could  be  earned due  to  guidelines related to the state disaster emergency. A political subdivision electing to provide the additional points  authorized  under this  subdivision  shall  adopt  a  resolution  by  April thirtieth, two thousand twenty-one determining the number of additional  points  to  be credited  per  month,  provided  that  any  additional  points  credited pursuant to this paragraph shall be in  addition  to  any  other  points earned pursuant to this section during the state disaster emergency.   * NB Repealed December 31, 2022   4.  Points  toward  a  year  of  ambulance  service may be granted for activities performed after a participant reaches  entitlement  age,  but shall  not  be  granted  for  activities  performed  after a participant applies for a service award. The maximum number of  years  for  which  a participant  may receive credit for a year of ambulance service shall be forty years.   5. A service award program which is to take effect on a day other than the first day of January may provide for points to be granted  toward  a year  of  ambulance  service  for  activities  performed  prior  to  the effective date of the program and on or after the immediately  preceding first  day of January, provided, the proposition authorizing adoption of the program contains a statement authorizing points to  be  granted  for such activities. Points attributable to such activities shall be granted in  accordance  with the point system adopted by the sponsor pursuant to subdivision three of this section.   6. In computing credit for those volunteer ambulance workers who  also serve  as  paid  employees  within a political subdivision of the state, credit  shall  not  be  given  for  activities  performed   during   the individual's regularly assigned work periods.   7.  A  participant whose ambulance service is interrupted by full-time extended obligatory military service or by a single voluntary enlistment not to exceed four years in the armed forces of the United States  shall be  considered  on military leave. During such period of military leave, the participant shall  receive  fifty  points  for  each  full  year  of military service, prorated for military service of less than a year.   7-a.  An active volunteer ambulance worker's service award program may provide for the crediting of years of and points for volunteer ambulance service for periods after  an  active  volunteer  ambulance  worker  has reached the entitlement age and is receiving a service award.   8.   The  state  comptroller  may  promulgate  rules  and  regulations prescribing procedures and forms for the compilation and maintenance  of records  of  the  points accumulated by each volunteer ambulance worker. Each ambulance company shall compile and maintain such  records  in  the manner prescribed.   9.  The  president, secretary and chief or comparable officers of each ambulance company shall submit to the governing board of the  sponsor  a list  of  all  volunteer  members,  certified  under  oath,  which shall identify those volunteer members who have qualified for credit under the award program for the  previous  year.  Such  list  shall  be  submitted  annually by March thirty-first or otherwise as provided in the rules and regulations  of  the  state comptroller and shall be accompanied by such membership records and records of point accumulations as  the  governing board   may   require   to   substantiate  the  accuracy  of  the  list. Notwithstanding the provisions of this subdivision a volunteer ambulance worker may request that  his  name  be  deleted  from  said  list  as  a "participant".  Such  request for deletion shall be in writing and shall remain effective until withdrawn in the same manner.   10. The governing board of the sponsor shall review the list  of  each ambulance  company  and  may delete the name of any person who was not a volunteer ambulance worker during the preceding  calendar  year  or  the name  of  any  volunteer  ambulance worker who did not earn fifty points during the preceding calendar year or whose point accumulation  has  not been  adequately  documented.  Thereafter,  the  governing  board  shall approve the list and return a copy of the list to the ambulance  company and  forward  a  certified  copy  of  the  approved  list to the program administrator.   11. Upon receipt of the approved list,  the  ambulance  company  shall post  the list at its principal headquarters for at least thirty days. A volunteer ambulance worker whose name does not appear  on  the  approved list shall have the right to appeal within thirty days of posting of the list.  The  appeal  shall  be  in  writing  and  mailed  to the clerk or secretary of the governing board of the sponsor, which shall investigate the appeal. The decision of the governing  board  shall  be  subject  to judicial  review pursuant to article seventy-eight of the civil practice law and rules.   12. A service award program may provide credit for years of  ambulance service  rendered  by  a  participant  during  the  five  calendar years immediately preceding the year in which the program is adopted, but only if authorized  pursuant  to  section  two  hundred  nineteen-l  of  this article.  In  order  to  determine  eligibility  for  such  credit, each ambulance company shall review its prior membership rosters and  service records  to  determine the number of years for which each participant is entitled to a contribution. In  making  such  determination,  the  point system  established  pursuant to subdivision three of this section shall be used. The president, secretary and chief or  comparable  officers  of the ambulance company shall submit to the governing board of the sponsor a certified list of participants who are entitled to such credit and the number  of  years for which each participant is entitled to such credit, and such membership and service  records  as  the  governing  board  may require.  The  list  shall be submitted to and approved by the governing board, and posted by the ambulance company, at the same time and in  the same  manner  as  provided  in  subdivisions nine through eleven of this section, and each person named on the list  approved  by  the  governing board  shall be entitled to the credit indicated thereon. A person whose name does not appear on the list as submitted  to  or  approved  by  the governing  board shall have the administrative and judicial remedies set forth in subdivision eleven of this section.   13. In the event that a volunteer ambulance worker is  either  totally and  temporarily  disabled  or  partially  and  permanently  disabled as certified  by  the  workers'  compensation  board  or  other   competent authority  approved  by the state comptroller, and the disability occurs during the course of service as a volunteer while  actively  engaged  in providing  line-of-duty  services  as defined in the volunteer ambulance workers benefit law, the volunteer shall be credited  with  five  points for  each  full  month  of  such  disability;  provided,  however,  such volunteer shall cease to be credited with such line of  duty  disability points after attaining the entitlement age.