2023 New York Laws › GMU - General Municipal › Article 11-A - Service Award Programs › 216 - Authorization to Establish Service Award Programs for Volunteer Firefighters of Political Subdivisions of the State and for Volunteer Firefighters Oth

§ 216. Authorization to establish service award programs for volunteer
firefighters  of  political  subdivisions of the state and for volunteer
firefighters other than of political subdivisions of the state. 1. a.  A
service award program may be adopted only by resolution of the governing
board  of  a political subdivision, receiving the affirmative vote of at
least sixty percent of the governing board of the political  subdivision
having  control  of  the  fire  departments  and fire companies, and the
approval of a mandatory  referendum  authorizing  the  adopting  of  the
program by the eligible voters within such political subdivision.
b.  The resolution authorizing the adoption of a service award program
shall state:
(i) the name of each fire company having  volunteer  firefighters  who
are potential participants in the program;
(ii)  whether  the  program  will  be  administered  by  the political
subdivision or the state;
(iii) the entitlement age under the program;
(iv) the estimated annual cost of  program,  including  the  estimated
annual administration fee;
(v)  the  number  of  years  of  fire  service  required  to  obtain a
nonforfeitable right to a service award;
(vi) the activities for which points shall be granted toward a year of
fire service;
(vii) the amount of the contribution to the  program  to  be  made  on
behalf of each participant credited with a year of fire service;
(viii)  the extent to which the program provides for contributions for
fire service rendered by a participant during one or more  of  the  five
calendar years immediately preceding the adoption of the program;
(ix)  in  the  case  of  a  service  award  program which provides for
contributions for fire service rendered by a participant during  one  or
more  of  the  five calendar years immediately preceding the adoption of
the program, the timing and method of financing such contributions;
(x) the date as of which the program shall take effect; in the case of
a service award program to take effect on a day other than the first day
of January, whether points toward  a  year  of  fire  service  shall  be
granted  for  activities  performed  prior  to the effective date of the
program and on or after the immediately preceding first day of  January;
and
(xi) the date on which the proposition authorizing the adoption of the
program shall be submitted to referendum.
2.  Upon  the  affirmative  vote  of  at  least  sixty  percent of the
governing  board  of  the   political   subdivision,   which   political
subdivision  has  contracted  with  volunteer  fire  departments or fire
companies located in  a  fire  protection  district  of  such  political
subdivision,  there shall be held a mandatory referendum of the eligible
voters residing within  such  fire  protection  districts  to  determine
whether such governing board shall establish a service award program for
the  volunteer  firefighters  of such volunteer fire departments or fire
companies.
3. (a) The referendum described in subdivision  one  or  two  of  this
section  shall state the type of service award program selected, whether
a defined contribution program described in section two hundred eighteen
or a defined benefit program described in section two  hundred  nineteen
of this article.
(b) The referendum described in subdivision one or two of this section
shall  state  the  estimated  annual  cost of the service award program,
including the estimated annual administration fee, the projected monthly
award to be paid to eligible volunteer firefighters  and  the  estimated
annual cost per covered participant.
(c) The referendum described in subdivision one or two of this section
shall  state  whether  the service award program will be administered by
the political subdivision or the state of New York.
(d)  Payments  under  the  service award program if adopted, shall not
impair any rights of the  volunteer  firefighters  under  the  volunteer
firefighters' benefit law or any other law.
(e)  Except  as  otherwise  provided  in this paragraph once a service
award program has been established, it may be abolished  or  amended  in
the  same  manner as it was created in accordance with the provisions of
this article by following the procedures set forth in subdivision one or
two of this section. The point system adopted by the governing board  of
the  sponsor  of  a service award program pursuant to subdivision (c) of
section two hundred seventeen of this article  may  be  amended  by  the
affirmative  vote  of  at  least  sixty percent of such governing board,
without referendum, provided, that, consistent with  the  provisions  of
subdivision (c) of section two hundred seventeen, the only effect of the
amendment   is  to  decrease  the  number  of  points  granted  for  the
performance of an activity, increase the amount of an activity  required
to earn the points granted for the performance of the activity, or both.
Any  amendment  to  a service award program shall only take effect as of
the first day of January next succeeding completion of  the  proceedings
required   for   adoption   of   the  amendment  and  shall  only  apply
prospectively.
4. Within thirty days of voter approval of the referendum described in
subdivisions one and two of this section, the  governing  board  of  the
political subdivision shall notify the state comptroller of the adoption
of the service award program, whether such service award program will be
a  defined  contribution plan or a defined benefit plan, and whether the
plan will be administered by the political subdivision or the  state  of
New York.
5. Notwithstanding any inconsistent provision of law, no member of the
governing board of a political subdivision of the state is prohibited by
virtue  of being a member of a volunteer fire company or department from
voting upon a resolution authorizing a referendum on  the  establishment
of  a  service award program if more than forty percent of the governing
board would otherwise be prohibited from voting  upon  such  resolution.
Any  member  of  such  governing board voting upon such a resolution who
serves as a member of a  volunteer  fire  company  or  department  shall
publicly  disclose  in  writing to the governing board such status. Such
written disclosure shall be part of and set forth in the official record
of the proceedings of such governing board.