2023 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.
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.