NY Gen Mun L § 217 (2021)
2021 New York Laws GMU - General Municipal Article 11-A - Service Award Programs 217 - General Requirements of a Service Award Program.

§  217.  General requirements of a service award program. No volunteer fire department, volunteer fire company, fire district, fire  protection district, village, town or city, shall be required under this article to provide  service  award  benefits for its active volunteer firefighters. Any service awards provided to an  active  volunteer  firefighter  under this  article shall be governed by the provisions of section two hundred eighteen in the case of defined contribution plans, section two  hundred nineteen  in the case of defined benefit plans and in either case by the provisions of sections two hundred fourteen, two  hundred  fifteen,  two hundred  sixteen  and two hundred nineteen-a of this article. No service award program may be provided under this article  unless  the  following requirements are met:  (a) An active volunteer firefighter must be eligible to participate in any  service  award  program  provided  under this article if the active volunteer firefighter has reached the age of eighteen and has  completed at  least  one  year of firefighting service. The sponsor of the service award program may impose  younger  age  or  shorter  length  of  service requirements for participation in the service award program.  (b) A participant shall have a nonforfeitable right to a percentage of a  service  award  that is not less than the percentage determined under the following table:   Years of                                                 Nonforfeitable Firefighting Service                                          Percentage Less than 5                                                         0 5 or more                                                         100  Notwithstanding the preceding table, a  participant  shall  have  a  one hundred  percent  nonforfeitable  right  to  his  service award upon his attainment of the entitlement age under the program.  Each  sponsor  may establish a percentage table that provides for a faster rate of becoming nonforfeitable.   Any   amounts   attributable   to   forfeiture   of  a participant's service award shall be used to  reduce  contributions  for other  service  award  program participants and shall not in any case be used to increase benefits for other participants.  The  preceding  shall not  preclude  amendment  of  a  service award program to provide for an increase in benefits.  (c) A year of firefighting service shall be credited under  a  service award  program for each calendar year after establishment of the program in which an active volunteer  firefighter  accumulates  at  least  fifty points.  Points  shall be granted in accordance with a system adopted by the program sponsor. Such system shall  provide  that  points  shall  be granted   for  activities  designated  by  the  program  sponsor,  which activities shall be selected from the following:  (i) Training courses -- twenty-five points maximum.  (A) Courses under twenty hours duration -- one point per hour, with  a maximum of five points.  (B)  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.  (C)  Courses  over  forty-five  hours to one hundred hours duration -- fifteen points per course.  (D) Courses over one hundred hours duration -- twenty-five points  per course.  (ii) Drills -- twenty points maximum. One point per drill (minimum two hour drill).  (iii) Sleep-in or stand-by -- twenty points maximum.  (A) Sleep-in -- one point each full night.  (B)  Stand-by -- one point each. A stand-by is defined as line of duty activity of the volunteer fire company,  lasting  for  four  hours,  not falling under one of the other categories.  (iv)  Elected  or  appointed  position (see definition) -- twenty-five points maximum.  (A) Completion of one year term in an elected or  appointed  position. If  the  term  of  office  for  a  firefighter  who  has been elected or appointed to a position in a fire company or fire  department  commences during  the  month  of May, the participant shall receive credit for the full  year  notwithstanding  the  fact  that  the  participant  has  not completed  one  year  in the elected or appointed position at the end of the calendar year in which he or she was elected or appointed.  (B) An active volunteer firefighter elected to serve as a delegate  to a  firefighters'  convention shall also be eligible to receive one point per meeting.  (v) Attendance at meetings -- twenty points maximum.   Attendance at any official meetings of the volunteer fire  company  -- one point per meeting.  (vi)  Participation  in department responses -- twenty-five points for responding on the minimum number of calls, as outlined below:  (A) Total number of calls            0       500       1000      1500 volunteer fire  company re-           to        to        to        and sponds  to  annually  other          500       1000      1500        up than  emergency  rescue and first aid squad  calls (am- bulance calls) Minimum number of calls vol-         10%       7.5%      5%        2.5% unteer firefighter must run annually in order to receive twenty-five points credit  (B) Total number of calls            0       500       1000      1500 emergency rescue and  first          to         to        to        and aid squad (ambulance)                500       1000      1500        up Minimum number of calls vol-         10%       7.5%      5%        2.5% unteer firefighter must run annually in order to receive twenty-five points credit  (vii)   Miscellaneous   activities   --   maximum   fifteen    points. Participation  in  inspections  and  other  activities  covered  by  the volunteer firefighters' benefit law and  not  otherwise  listed  --  one point per activity.  (viii)  In  the  event that any active volunteer firefighter 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 sponsor of the service award program, and the disability occurs during the course of service  as  a  volunteer,  while actively  engaged  in  providing  line  of  duty services, as defined in subdivision one of section five of the volunteer  firefighters'  benefit law,  the  firefighter  shall receive five points for each full month of such disability.  (ix) Teaching fire prevention classes--five points maximum. An  active volunteer  firefighter  who at the direction of his company, district or department, and for no remuneration, presents a public  education  class on  fire  prevention  to  a school, not-for-profit corporation, or civic organization organized and existing under the  laws  of  this  state  or authorized to conduct activities in this state--one point per class.    The  program  sponsor  may  designate  less  than  all  the activities specified in this subdivision as activities  for  which  points  may  be earned.  (d)  An  active  volunteer  firefighter's  service  award  program may provide for the crediting of years of active  firefighting  service  for periods  prior to the establishment of such program to a maximum of five years of active firefighting service per participant  but  only  to  the extent  authorized  pursuant  to  section  two  hundred  sixteen of this article.  (e) In order to provide credit for service prior to the  establishment of  the  service  award  program,  each  sponsor  shall review its prior membership rosters to determine the number  of  years  credit  for  each participant  who  is  entitled  to  credit.  In making the analysis, the standards for active service  set  forth  in  subdivision  (c)  of  this section  and  adopted  by  the  sponsor shall be used. Approval for such prior service shall require certification by  the  president,  secretary and  chief  of  the  volunteer  fire  company.  In  the  event an active volunteer firefighter requests credit  for  service  in  more  than  one volunteer  fire company, each such company shall provide a certification for the appropriate number of years.  (g) An active volunteer firefighter whose name does not appear on  the approved certified list or who is denied credit for service prior to the establishment  of  the  service  award  program  shall have the right to appeal within thirty days of posting of the list or within  thirty  days of  denial  of  past  service credit. The appeal shall be in writing and mailed to the  clerk  or  secretary  of  the  governing  board  of  such political  subdivision, which shall investigate the appeal. The decision of the authorities in control of each volunteer fire  company  shall  be subject to appropriate judicial review.  (h)  An  active  volunteer  firefighter's  service  award  program may designate that benefits thereunder may be paid in the  form  of  a  lump sum,  a  life  annuity with or without survivor benefits, period certain annuities, or any other form provided under the program.  All  forms  of benefit  payments  shall  be  actuarially  equivalent to each other. The sponsor may limit the forms of benefit payment  under  a  service  award program  or  impose  conditions  concerning  the  availability  of  such benefits. Nothing in this subdivision  shall  require  a  sponsor  of  a service  award  program  to purchase annuity contracts from an insurance company.  (i) A participant whose  volunteer  fire  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 active  volunteer  service credit  of fifty points for each full year, prorated for service of less than a year.  (j) All program assets shall  be  held  in  trust  for  the  exclusive purpose of providing benefits to participants and their beneficiaries or for  the  purpose  of defraying the reasonable expenses of the operation and administration of the program. If the service award program and  the related  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 referred to in this subdivision may provide that the assets  held  thereunder  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  insure  that the participation by an active volunteer firefighter in  the  service  award  program  does  not  result  in  taxable  income  to  such  volunteer  firefighter  under any provision of the Internal Revenue Code of 1986, as amended.  (k) Every fiduciary of a service award program will be required to act solely  in the interest of the program's participants and beneficiaries. Subject only to the provisions of the program document, a fiduciary  may accept,  hold,  invest  in  and  retain  any  investment if purchased or retained in the exercise of the degree of judgment and care,  under  the circumstances   then   prevailing,   which   persons   of  prudence  and intelligence exercise in the management of their  own  affairs,  not  in regard  to  speculation, but in regard to permanent disposition of their funds, considering the probable income to be derived therefrom  as  well as the probable safety of their capital.  (l)  No  service  award  provided under the program may be assigned or alienated except to provide for the legally obligated support  of  minor children or spouse.  (m) A participant who is convicted of the crime of arson in any degree as  defined  in  the penal law shall not be eligible to receive benefits from a service award program and shall forfeit any and all rights he  or she  may have had to past or future benefits pursuant to a service award program.  (n) An  active  volunteer  firefighters'  service  award  program  may provide  for  the  crediting of years of active firefighting service for periods  after  an  active  volunteer  firefighter   has   reached   the entitlement age and is receiving a service award.  (o)  In  the  case  of a state-administered service award program, 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 firefighter. Each fire  company participating  in  the  state-administered  program  shall  compile  and maintain such records in the manner prescribed.   * (p) 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 firefighter service 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 active volunteer firefighter for each month that  special emergency response rules were in place restricting firefighter 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 subdivision shall be in addition to any other points earned pursuant to this section during  the state disaster emergency.   * NB Repealed December 31, 2022  (q)  The  program sponsor may make adjustments to the participation in department responses point system category  provided  for  in  paragraph (vi)  of  subdivision (c) of this section in the event that such program sponsor adopts written emergency response  protocols  setting  different emergency response requirements for the fire department, fire companies, squads  and  units  thereof  such  that  certain  participants  are  not permitted  to  respond  and  are  restricted  from  responding  to   all non-emergency  rescue  and  first  aid  squad calls and/or all emergency rescue and first aid squad calls.  Such  restrictions  on  response  may  relate  to determinations made by the district physician or department's physician as to the duties that may be assigned to certain personnel. In the  event  that  the  program   sponsor   adopts   different   response requirements for different groups, participants in those groups shall be required to respond to the minimum number of emergency calls assigned to their group by applying the percentage provided for in paragraph (vi) of subdivision  (c)  of  this  section.  Notwithstanding  the provisions of section two hundred sixteen of this article, a point system amendment to address written emergency response  protocols  may  be  adopted  by  the affirmative  vote  of  at  least  sixty percent of such governing board, without referendum. Such amendment shall only  take  effect  as  of  the first  day  of January next succeeding the completion of the proceedings required  for  adoption  of  the  amendment   and   shall   only   apply prospectively  unless  the  new  written  emergency response protocol is adopted in order to address a state disaster emergency, as such term  is defined  in  section  twenty of the executive law, and applicable to the county or counties in which the fire department operates, in which  case such amendment may be applied in the year adopted.