2023 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.