NY Gen Mun L § 219-E (2021)
2021 New York Laws GMU - General Municipal Article 11-AA - Defined Contribution Service Award Programs for Volunteer Ambulance Workers 219-E - Participation, Vesting and Service Credit.

§  219-e.  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, provided, however, that a sponsor may reduce the number of years of ambulance  service  required to  obtain  a  nonforfeitable  right  to  a  service  award. 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.   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-d 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 for 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 -- 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)  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.   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.  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.