2023 New York Laws › GMU - General Municipal › Article 11-A - Service Award Programs › 216-A - Authorization to Establish Service Award Programs for Special Fire Companies and Departments.

§ 216-a. Authorization to establish service award programs for special
fire  companies  and  departments.  1.  The political subdivisions which
contract to receive fire protection services from a special fire company
or department may jointly establish a  service  award  program  for  the
volunteer  firefighters  of  such  special  fire  company or department,
provided,  however,  that  no  such  service  award  program  shall   be
established  unless each and every political subdivision which contracts
to receive fire protection services from the  special  fire  company  or
department joins in establishing the program.
2. A service award program for the volunteer firefighters of a special
fire company or department shall be jointly established by the political
subdivisions  which  contract  to  receive fire protection services from
such fire company or department only if:
(a) the governing board of each and every such  political  subdivision
approves  an  agreement to jointly sponsor the program by an affirmative
vote of at least sixty percent of the governing board; and
(b) the eligible voters of each and every such  political  subdivision
separately approve a proposition authorizing their political subdivision
to  jointly  sponsor  the  program  to  be administered by the political
subdivision or the state of New York.
3. An agreement between or among  political  subdivisions  to  jointly
sponsor a service award program for a special fire company or department
may  contain  any  provision  which  could  be  included in an agreement
entered into pursuant to  article  five-G  of  this  chapter  and  shall
contain provisions specifying the following:
(a)  the  manner  in  which  the  several political subdivisions shall
exercise and perform the powers and duties that are conferred  by  other
sections  of  this  article on the governing board of a single political
subdivision that individually establishes and sponsors a  service  award
program;
(b)  the  effect  of  the  addition of other political subdivisions as
parties to the agreement;
(c) the effect of the withdrawal of political  subdivisions  from  the
agreement;
(d) the entitlement age under the program;
(e)  the  age and length of service requirements to participate in the
service award program;
(f) the number of years of firefighting service required to  obtain  a
nonforfeitable right to a service award;
(g)  the  activities for which points will be granted toward a year of
firefighting service;
(h) the extent to which the  program  provides  credit  for  years  of
firefighting  service  rendered  during one or more of the five calendar
years immediately preceding the establishment of the program;
(i) in the case of a defined contribution plan,
(i) the amount of the contribution  to  be  made  on  behalf  of  each
participant credited with a year of firefighting service, and
(ii) the amount of any additional disability or death benefit;
(j) in the case of a defined benefit plan,
(i)  the  amount of the monthly payment to be made to each participant
for each year of firefighting service credited to the participant, and
(ii) if the plan is to provide for payment of benefits  prior  to  the
tenth  anniversary  of  the establishment of the plan, the date on which
the plan is to provide for the payment of benefits;
(k) the date as of which the service award program shall  take  effect
which  shall be either the first day of January next succeeding the date
of the last voter approval required to  establish  the  program  or,  if
sufficient  funds are or will be available to each political subdivision

to fund the program, the first day of January next preceding  such  last
voter approval; and
(l)  whether  the  service  award program is to be administered by the
political subdivision or the state of New York; and
(m) any other provisions as may be necessary for  the  implementation,
operation, administration and funding of the program.
4.  A  proposition  authorizing  a  political  subdivision  to jointly
sponsor a service award program for  the  volunteer  firefighters  of  a
special  fire company or department shall be submitted to referendum not
less than thirty days and not more than ninety days after the  governing
board  votes  to  approve  the agreement to jointly sponsor the program.
Notice of the referendum shall be published at least once, not less than
fourteen days prior to the date  of  the  referendum,  in  the  official
newspaper  of the political subdivision or, if the political subdivision
does not have an official newspaper, in one or  more  newspapers  having
general  circulation  in the political subdivision. The referendum shall
be conducted in the same manner as other referenda held by the political
subdivision and the cost thereof  shall  be  charged  to  the  political
subdivision.
5.  A  proposition  authorizing  a  political  subdivision  to jointly
sponsor a service award program for  the  volunteer  firefighters  of  a
special fire company or department shall state:
(a)  whether  the service award program to be established is a defined
contribution plan or a defined benefit plan;
(b) whether the service award program is to  be  administered  by  the
political subdivision or the state of New York;
(c)  the estimated annual cost of the service award program, including
the estimated annual administration fee, and the estimated  annual  cost
per  participant,  for  all  the political subdivisions establishing the
program and for the political subdivision submitting the proposition  to
referendum;
(d)  the  extent  to  which  the  program provides credit for years of
firefighting service rendered during one or more of  the  five  calendar
years immediately preceding the establishment of the program;
(e)  in  the  case  of  a defined contribution plan, the amount of any
additional disability or death benefit; and
(f) in the case of a defined benefit plan,
(i) the projected monthly award to be paid to participants, and
(ii) if the plan is to provide for the payment of  benefits  prior  to
the  tenth  anniversary  of  the  establishment of the plan, the date on
which payment of benefits shall begin.
6. Upon the last  voter  approval  required  to  jointly  establish  a
service  award  program for the volunteer firefighters of a special fire
company or department, the agreement  to  jointly  sponsor  the  service
award program shall take effect and the program shall take effect as set
forth in the agreement.
7.  Within  thirty  days  after  the  last  voter approval required to
jointly establish a service award program for the volunteer firefighters
of a special fire company or department, the  governing  boards  of  the
political  subdivisions  which  established the program shall notify the
state comptroller of the adoption  of  the  service  award  program  and
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.
8. Within sixty days after the last voter approval required to jointly
establish  a  service  award program for the volunteer firefighters of a
special  fire  company  or  department,  the  governing  boards  of  the
political subdivisions which established the program shall jointly adopt

a  program  document.  The program document shall be consistent with the
provisions of this article and the  agreement  to  jointly  sponsor  the
service  award  program, as amended, and shall set forth the obligations
and  rights of the sponsors, the special fire company or department, and
the volunteer firefighters for whom  the  program  is  established,  and
establish standards and procedures for the administration of the program
provided,  however, that in the case of a state-administered program the
procedures for administration shall be consistent  with  the  rules  and
regulations governing the state program.
9.  Except as otherwise provided in this subdivision, any provision of
an agreement  to  jointly  sponsor  a  service  award  program  for  the
volunteer  firefighters  of  a special fire company or department may be
amended upon the affirmative vote of  at  least  sixty  percent  of  the
governing  board  of  each political subdivision which is a party to the
agreement without  referendum.  Amendments  to  the  provisions  of  the
agreement  required  by paragraphs (h), (i) and (j) of subdivision three
of this section shall only be made upon the affirmative vote of at least
sixty percent of the governing board of each such political subdivision,
subject to a mandatory referendum of the  eligible  voters  within  each
such political subdivision.
10.  In  the event that the governing board of a political subdivision
which is a party to an agreement to  jointly  sponsor  a  service  award
program  for  the  volunteer  firefighters  of a special fire company or
department ceases to contract to receive fire protection  services  from
the  special fire company or department, the political subdivision shall
cease to be a sponsor of the service award program and shall  be  deemed
to have withdrawn from the agreement in accordance with the terms of the
agreement without further action by the governing board or voters of any
political subdivision.
11.  A  service  award  program  for  the  volunteer firefighters of a
special  fire  company  or  department  shall  remain  in  effect  until
terminated  by  the  political  subdivisions  which  are  parties to the
agreement to jointly sponsor the  program.  The  service  award  program
shall be terminated only if:
(a)  the  governing board of each and every such political subdivision
approves a resolution to terminate the program by an affirmative vote of
at least sixty percent of the governing board; and
(b) the eligible voters of each and every such  political  subdivision
separately approve a proposition to terminate the program.