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

§  216-b.  Continuation of service award programs. 1. (a) In the event that a town establishes  a  service  award  program  for  the  volunteer firefighters of a fire company located within a fire protection district and,  subsequently,  the  fire  protection district is dissolved and the entire area  thereof  is  included  in  or  added  to  a  fire  district established  pursuant  to  article  eleven of the town law, and the fire district neither has established a service award  program  nor  includes the area of any other jurisdiction which has established a service award program,  the  service  award  program  established by the town shall be continued as provided in this subdivision.  (b) Except as otherwise provided in this subdivision, as of  the  date of  completion  of  the  proceedings  described in paragraph (a) of this subdivision or, in the case of a newly established fire district, as  of the  date  of  the  first  organization  meeting  of  the  board of fire commissioners,  the  town  shall  have  no  further  responsibility  for administering or funding the service award program and the fire district shall  assume  responsibility  for those functions. As of that date, the fire district shall succeed the town as the sponsor of the service award program and the board of fire commissioners shall exercise  and  perform all  of  the  powers and duties of the sponsor of the program under this article and under any agreements or contracts entered into by  the  town pursuant  thereto  in furtherance of its powers and duties as sponsor of the program, including but not limited to the  program  trust  agreement and  any  contracts  relating  to  the  custody, control, investment, or disbursement of program assets. The fire district shall  be  responsible for  funding  any  unfunded  liability  of  the  sponsor  of the program existing as of the date the fire district succeeds the town  as  sponsor of the program.  (c)  Upon  the  fire  district's succeeding the town as sponsor of the service  award  program,  the  town  shall  retain  responsibility   for administering  the  assets  of  the  program  until discharged from such responsibility as provided in this subdivision. Except for those records required for the continued administration of program  assets,  the  town shall  turn over immediately to the fire district all records maintained by the town as sponsor of the program.  (d) Within sixty days after  the  date  on  which  the  fire  district succeeds  the town as sponsor of the service award program, the board of fire commissioners of the fire district shall develop  a  plan  for  the continued administration of program assets. Subject to the provisions of the  program  trust agreement and any contracts entered into by the town in furtherance of its powers and duties as sponsor of the program,  such plan  may  provide  for  the  custody, control, transfer, investment, or disbursement of program assets. Such plan, however,  shall  provide  for the  replacement  of  any  individual  serving  in  his  or her official capacity as a town officer or  employee  as  trustee  or  in  any  other position  involving  the administration of program assets. In developing such plan, the board of fire commissioners may  request  from  the  town information  concerning the town's administration of program assets, and the town shall provide  promptly  such  information  as  the  board  may reasonably  request.  Upon  completion  of  the  plan, the board of fire commissioners shall submit to the supervisor of the town a copy  of  the plan  and  a  list  of  actions  required  to  be  taken by the town for implementation of the plan, including but not limited  to  execution  of documents  and  the transfer of assets. Immediately after receiving such plan and list, the supervisor shall cause the actions on the list to  be taken.  Upon completion of the actions on the list and submission to the board of  fire  commissioners  of  all  town  records  relating  to  the administration  of program assets, the town shall be discharged from any  further responsibility for administering the assets of the  program.  In the  event  that  the board of fire commissioners fails to submit to the supervisor such plan and list within sixty days after the date on  which the  fire  district  succeeds  the  town  as sponsor of the program, the supervisor may submit to  the  board  of  fire  commissioners  all  town records  relating to the administration of program assets, and upon such submission the town shall be discharged from any further  responsibility for  administering  the  assets  of  the  program, and the board of fire commissioners shall assume responsibility for administering  the  assets of the program.  (e)  The participants in the service award program as of the date that the fire district succeeds the town as  sponsor  of  the  program  shall retain  all  point  totals,  service credit, contributions, and benefits earned prior to that date, irrespective of whether or not a  participant has  acquired  a nonforfeitable right to a percentage of a service award on or  before  such  date;  provided,  however,  that  nothing  in  this subdivision   shall   be  construed  as  modifying  or  eliminating  any requirement that a  participant  obtain  a  nonforfeitable  right  to  a percentage  of  a service award in accordance with the provisions of the program. Any other active volunteer firefighters of  the  fire  district fire  department  shall  be eligible to participate in the service award program. Such active volunteer firefighters shall earn credit for  years of  firefighting  service commencing with the calendar year in which the fire district succeeds the town as sponsor  of  the  program,  based  on activities  performed  on  or  after  the  date  that  the fire district succeeds the town as sponsor.  (f) Except as provided in this subdivision, the service award  program shall continue to be governed by the provisions of this article.   2.  (a)  In  the  event that either a town establishes a service award program for the volunteer firefighters of a fire company located  within a  fire  protection  district  or  a village establishes a service award program for the volunteer firefighters of the village fire department or a fire district establishes a service award program  for  the  volunteer firefighters of the fire district fire department and, subsequently, the entire  area  of the fire protection district, village, or fire district is included in or added to a joint fire district established pursuant to article eleven-A of the town law and article twenty-two-A of the village law, and the joint fire district neither has established a service award program nor includes the  area  of  any  other  jurisdiction  which  has established   a   service  award  program,  the  service  award  program established by the town, village, or fire district shall be continued as provided in this subdivision.  (b) Except as otherwise provided in this subdivision, as of  the  date of  completion  of  the  proceedings  described in paragraph (a) of this subdivision or, in the case of a newly established joint fire  district, as  of  the  date of the first organization meeting of the board of fire commissioners of the joint fire district, the  town,  village,  or  fire district  which  established  the  service  award  program shall have no further responsibility for administering or funding the program and  the joint  fire district shall assume responsibility for those functions. As of that date, the joint fire district shall succeed the  town,  village, or  fire  district  as the sponsor of the service award program, and the board of fire commissioners of the joint fire  district  shall  exercise and  perform  all of the powers and duties of the sponsor of the program under this article and under any agreements entered into  by  the  town, village,  or fire district pursuant thereto in furtherance of its powers and duties as sponsor of the program, including but not limited  to  the program  trust  agreement  and  any  contracts  relating to the custody,  control, investment, or disbursement of program assets. The  joint  fire district  shall be responsible for funding any unfunded liability of the sponsor of the program existing as of  the  date  that  the  joint  fire district  succeeds the town, village, or fire district as sponsor of the program.  (c) Upon the joint fire district's succeeding the  town,  village,  or fire  district which established the service award program as sponsor of the  program,  the  town,  village,  or  fire  district   shall   retain responsibility  for  administering  the  assets  of  the  program  until discharged from such responsibility as  provided  in  this  subdivision. Except  for  those  records required for the continued administration of program assets, the town, village, or  fire  district  shall  turn  over immediately  to  the  joint  fire  district all records it maintained as sponsor of the program.  (d) Within sixty days after the date on which the joint fire  district succeeds  the  town,  village,  or  fire  district which established the service award program as sponsor of  the  program,  the  board  of  fire commissioners  of  the  joint fire district shall develop a plan for the continued administration of program assets. Subject to the provisions of the program trust agreement and any contracts entered into by the  town, village,  or  fire  district  in furtherance of its powers and duties as sponsor of the program, such plan may provide for the custody,  control, transfer,  investment,  or  disbursement  of  program assets. Such plan, however, shall provide for the replacement of any individual serving  in his  or  her  official  capacity  as  a  town, village, or fire district officer or employee as trustee or in any other  position  involving  the administration  of program assets. In developing such plan, the board of fire commissioners may request from the town, village, or fire  district information   concerning   the   town,   village,   or  fire  district's administration of  program  assets,  and  the  town,  village,  or  fire district  shall  provide  promptly  such  information  as  the board may reasonably request. Upon completion of  the  plan,  the  board  of  fire commissioners  shall  submit to the supervisor of the town, the mayor of the village, or the chairperson of the board of  fire  commissioners  of the  fire  district a copy of the plan and a list of actions required to be taken by the town, village, or fire district  for  implementation  of the  plan,  including  but not limited to execution of documents and the transfer of assets. Immediately after receiving such plan and list,  the supervisor,  mayor,  or  chairperson  of the board of fire commissioners shall cause the actions on the list to be taken. Upon completion of  the actions on the list and submission to the board of fire commissioners of the  joint  fire district of all town, village, or fire district records relating to the administration of program assets, the town, village,  or fire  district  shall  be discharged from any further responsibility for administrating the assets of the program. In the event that the board of fire commissioners of the joint fire district fails to submit such  plan and  list  within  sixty  days  after  the  date on which the joint fire district succeeds the town, village, or fire district as sponsor of  the program,  the  supervisor,  mayor,  or  chairperson of the board of fire commissioners may submit to the board of fire commissioners of the joint fire district all town, village, or fire district  records  relating  to the  administration of program assets and upon such submission the town, village,  or  fire  district  shall  be  discharged  from  any   further responsibility  for  administering  the  assets  of the program, and the board of fire commissioners of the  joint  fire  district  shall  assume responsibility for administering the assets of the program.  (e)  The participants in the service award program as of the date that the joint fire district succeeds the  town,  village  or  fire  district  which  established  the  service award program as sponsor of the program shall maintain all point  totals,  service  credit,  contributions,  and benefits  earned  prior  to  that date, irrespective of whether or not a participant  has  acquired  a  nonforfeitable right to a percentage of a service award on or before such date; provided, however, that nothing in this subdivision shall be construed  as  modifying  or  eliminating  any requirement  that  a  participant  obtain  a  nonforfeitable  right to a percentage of a service award in accordance with the provisions  of  the program.  Any  other  active  volunteer  firefighters  of the joint fire district fire department shall be eligible to participate in the service award program. Such active volunteer firefighters shall earn credit  for years of firefighting service commencing with the calendar year in which such  proceedings  are  completed,  based  on activities performed on or after the date of completion of such proceedings.  (f) Except as provided in this subdivision, the service award  program shall continue to be governed by the provisions of this article.