reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 13 - FINANCIAL REVIEW BOARDS › Section 5:30-13.5 - Financial plan preparation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 45 days after
				the appointment of the majority of the members to the board, the mayor of the
				municipality, in consultation with the municipality's governing body, shall develop
				a proposed financial plan covering the three-year period beginning with the
				municipality's current fiscal year.
(b)
				The financial plan shall be composed of the following sections: a budgetary plan, an
				operations plan, an economic development plan and a capital improvement plan.
1. The budgetary plan shall be general in nature
				and shall include revenue and spending targets that must be met by the municipality
				through its annual budget. Spending targets may be set by budgetary line item. If,
				in the opinion of the board, the municipality does not have an adequate cash
				management plan or cash flow analysis, the board may require that the plan include
				such matters. The board shall ensure that the provisions of the plan comply with all
				applicable provisions of State law.
2.
				The operations plan shall identify and describe opportunities to reduce the costs of
				providing municipal services through general reductions of municipal expenditures;
				sales of surplus municipal assets; changes in staffing patterns; development of new
				sources of revenues; implementation of shared services with other government
				agencies; contracting of services to other providers; modifications in municipal
				service levels; improved or lower cost operating methods and practices; and any
				other measures which would serve to reduce the costs of providing municipal services
				as may be developed by the municipality or the board.
3. The capital improvement plan shall follow and
				reflect the capital improvement plan adopted pursuant to the "Local Budget Law,"
				40A:4-1 et seq., and any applicable
				rules adopted by the Local Finance Board.
4. The economic development plan shall identify
				and describe appropriate actions for the economic development of the municipality
				planned by all government agencies, non-profit and private sector organizations
				engaged in the economic development of the municipality.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 13 - FINANCIAL REVIEW BOARDS › Section 5:30-13.6 - Financial plan modification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Following approval
				of a financial plan, the board shall examine the financial plan on a regular basis,
				in consultation with the mayor and governing body of the municipality.
(b) The municipality shall establish a system for
				reporting on its progress in complying with the various components of the plan.
				These reports shall be prepared in a form and with such contents as shall be
				prescribed by the board.
(c) Reports
				regarding the municipality's compliance with the budget plan component shall be made
				monthly.
(d) Reports regarding the
				municipality's compliance with the other components of the financial plan shall be
				made quarterly.
(e) In the event that
				the reports provided to the board indicate that expenditures made by the
				municipality are not consistent with the approved financial plan, the board shall be
				authorized to issue orders and directives as it believes necessary to ensure
				compliance with the plan.
(f) If, in the
				board's judgment, it appears at any time that the amount of revenues which the
				municipality is reasonably likely to realize in cash during any fiscal year will be
				less than the amount of anticipated revenues in the municipality's annual budget, or
				that the expenditures for the municipality during any fiscal year will exceed the
				amount of revenues that the municipality is reasonably likely to realize in cash
				during that fiscal year, the board may direct the municipality to submit a financial
				plan modification to the board describing how the municipality shall adjust revenue
				estimates and reduce expenditures to conform the expenditures of the municipality to
				such revised revenue estimates.
(g) The
				board shall approve a financial plan modification so long as the modification
				complies with the requirements of these rules.
(h) Following approval by the board, the
				municipality shall implement that financial plan modification.
(i) If the municipality fails to submit a plan
				modification within the time period specified by the board, the board, upon adoption
				of a resolution, may formulate and approve a financial plan modification as may be
				necessary to achieve the purposes of the board and thereafter direct its
				implementation by the municipality.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 13 - FINANCIAL REVIEW BOARDS › Section 5:30-13.7 - Annual municipal budget approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The governing body
				shall provide a copy of its introduced budget and all related documents to the
				financial review board.
(b) Following
				receipt of the introduced budget and the introduction of any amendments by the
				governing body, the board shall review the budget and approve the budget either as
				submitted or with such modifications as to anticipated revenues or budget
				appropriations as the board may deem appropriate.
(c) The governing body of the municipality shall
				incorporate any modifications required by the board into the budget and shall then
				proceed to adopt the budget in accordance with the "Local Budget Law,"
				40A:4-1 et seq.
(d) Notwithstanding the provisions of the "Local
				Budget Law," 40A:4-1 et seq., actions of the board
				that result in budget changes shall, if necessary, extend otherwise binding
				statutory time periods to an appropriate date set by the board.
(e) If the mayor or the governing body, or both,
				fail to comply with their statutory responsibilities regarding the preparation and
				adoption of a budget for the municipality by the times set forth herein or in the
				"Local Budget Law,"
				40A:4-1 et seq., the board may request
				that the Local Finance Board authorize the financial review board to exercise those
				responsibilities on behalf of the municipality.
1.
				The Local Finance Board must provide the mayor or the governing body, or both, an
				opportunity to be heard on this matter.
2. Following this hearing and a determination by
				the Local Finance Board that the mayor or the governing body, or both, failed to
				comply with their statutory responsibilities, the board shall be authorized to
				exercise these responsibilities on behalf of the municipality.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 13 - FINANCIAL REVIEW BOARDS › Section 5:30-13.8 - Issuance of debt

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The municipality
				shall not authorize the issuance of bonds or notes without the prior approval of the
				board.
(b) Any bond ordinance proposed
				to be adopted, together with such other information as the board may require, shall
				be submitted to the board for review and approval prior to introduction of the
				ordinance.
(c) If the board is satisfied
				that the purpose or purposes to be funded by the proposed ordinance are consistent
				with the approved financial plan for the municipality, it shall approve the proposed
				ordinance.
(d) Upon receipt of such
				approval, the governing body of the municipality may proceed with the introduction
				and adoption of the ordinance. The financial review board must approve any
				amendments to the ordinance before these amendments are adopted by the governing
				body of the municipality.
(e) The
				procedures set forth in this section shall be in addition to, and not in lieu of,
				any procedures which the municipality would be required to follow in seeking the
				issue of debt in accordance with the provisions of the "Municipal Qualified Bond
				Act," P.L. 1976, c.38 (40A:3-1 et seq.).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 13 - FINANCIAL REVIEW BOARDS › Section 5:30-13.9 - Emergency appropriations, budget amendments, transfer of appropriation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The governing body
				of the municipality shall adopt no emergency appropriation or other budget amendment
				for any purpose until the board has reviewed and approved the emergency
				appropriation or other budget amendment.
(b) In reviewing any proposed emergency
				appropriation or other budget amendment, the board shall consider such factors as
				may be appropriate, including, but not limited to, the need for the appropriation
				and the existence of alternative sources to meet the need for the appropriation. Any
				request for approval of a proposed emergency appropriation or other budget amendment
				shall be accompanied by a document prepared by the municipality explaining the need
				for the action.
(c) The governing body
				of the municipality shall neither authorize nor approve a transfer of appropriation
				or change in text or title of an appropriation until the transfer of appropriation
				or change in text or title of an appropriation has first been reviewed and approved
				by the board. Any request for approval of a proposed transfer of appropriation or
				change in text or title of an appropriation shall be accompanied by a document
				prepared by the municipality explaining the need for the transfer.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 13 - FINANCIAL REVIEW BOARDS › Section 5:30-13.10 - Contracts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The governing body
				shall provide to the chair of the board a summary of all pending resolutions for
				contracts for goods and services at least five business days before these
				resolutions are considered by the governing body. Each summary shall include the
				contract's purpose, vendor, projected costs, justification of the award, and a
				certification by the municipality's chief financial officer that the performance of
				the contract will be in accordance with the financial plan.
(b) The chair of the board shall have the
				authority to order the governing body not to consider any pending resolution
				regarding contracts.
(c) The board shall
				promptly review the terms of the contracts held by the chair in order to determine
				whether the contract complies with the financial plan.
1. The board shall approve the contract if it
				determines that the execution and the performance of the contract will be consistent
				with the financial plan.
2. In approving
				a contract, the board may establish appropriate terms and conditions to achieve the
				purposes of the financial plan, provided that the terms and conditions are not
				otherwise inconsistent with other requirements of law, including, but not limited to
				the "Local Public Contracts Law," P.L. 1971, c.198 (40A:11-1 et seq.).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 13 - FINANCIAL REVIEW BOARDS › Section 5:30-13.11 - Orders and directives

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The board shall be
				authorized to issue orders and directives to any officer or employee of the
				municipality that it deems necessary to accomplish the board's purposes; including,
				but not limited to, timely and satisfactory implementation of the provisions of the
				approved financial plan of the municipality.
(b) Any order or directive shall be binding upon
				the officer or employee to whom it is issued.
(c) No officer or employee of the municipality
				shall:
1. Take any action in violation of any
				valid order or directive of the board;
2. Fail or refuse to take any action required by
				any such order or directive; or
3.
				Prepare, present or certify any information or report, including any projections or
				estimates, for the board or any of its agents that are willfully false or
				misleading.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.2 - Creating LOSAPs: Determining the sponsoring agency for volunteer fire organizations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) LOSAPs shall be
				created by voluntary action of a sponsoring agency, which shall be a municipality or
				fire district. If the sponsoring agency is a municipality, the LOSAP shall be
				created by ordinance. If the sponsoring agency is a fire district, the LOSAP shall
				be created by resolution.
(b) In
				determining the sponsoring agency and creation process for volunteer fire
				organizations, the following shall apply:
1. A
				LOSAP shall be created by municipal ordinance for volunteer fire organization(s) in
				a municipality that is not served by a fire district.
2. A LOSAP shall be created by resolution of a
				Fire District Board of Fire Commissioners in a municipality that is served by one or
				more fire districts.
3. Where there is
				more than one fire district in a municipality, each district may have its own LOSAP
				for its fire companies.
4. The
				municipality or fire district may have only one LOSAP for each emergency service,
				regardless of how many fire companies or first aid organizations operate within
				their jurisdiction.
5. If a volunteer
				fire organization serves more than one municipality, the sponsoring agency shall be
				the municipality where the fire company is located, unless otherwise agreed to, as
				per the terms of an interlocal services agreement.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.3 - Creating LOSAPs: Determining the sponsoring agency for emergency service squads

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If there is no fire
				district, and one or more emergency service squads serve a single municipality, the
				LOSAP shall be created by the municipality. The provisions at
				5:30-14.15 shall apply if the squad(s)
				serve(s) multiple municipalities.
(b) If
				an emergency service squad serves an entire municipality that is served by multiple
				fire districts, the municipality shall serve as sponsoring agency.
(c) A fire district shall serve as sponsoring
				agency for an emergency service squad whose jurisdiction is limited to, or is within
				the boundaries of a fire district, provided that the squad is organizationally
				affiliated with, or receives permitted financial support from, the
				district.
(d) If an independent
				emergency service squad serves an entire municipality which is served by a single
				fire district, the sponsoring agency shall be the jurisdiction that provides the
				greater amount of financial support or has an organizational or operational support
				relationship.
(e) In a municipality that
				has multiple fire districts, if there are several emergency service squads that are
				independent of fire district organizations, or whose coverage areas overlap district
				boundaries, the municipality shall serve as sponsor.
(f) If an emergency service squad serves more than
				one municipality, the sponsoring agency shall be the municipality where the squad is
				located, unless otherwise agreed to, as per the terms of an interlocal service
				agreement.
(g) If an emergency service
				squad serves more than one sponsoring agency,
				5:30-14.15 shall apply.
(h) Where an emergency service squad has unique
				operating relationships (other than those enumerated in (a) through (g) above), the
				Director shall be contacted for a determination on whether a fire district or
				municipality would be considered the sponsoring agency.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.4 - LOSAP ordinances/resolutions: public disclosure sites and filing requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The enabling
				ordinance or resolution and a copy of the LOSAP law (40A:14-183 et seq.) shall be made
				available to the public in a public library that serves the jurisdiction (if there
				is one), and at the office of the municipal clerk. In the case of a fire district,
				in lieu of the municipal clerk, if the fire district maintains an office that is
				accessible to the public during normal business hours, the resolution creating the
				LOSAP shall be placed in that office.
(b) Copies of all approved LOSAP
				ordinances/resolutions shall be filed with the Division within 30 days of the date
				of the referendum.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.5 - Ballot questions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All ballot questions
				that are required pursuant to
				40A:14-185(c)  shall
				be accompanied by an explanatory statement which shall include the following:
1. A general description of the program, including
				the point system to be utilized in determining eligibility for benefits;
2. The name of the sponsoring agency;
3. The name of the emergency service organization
				receiving the LOSAP;
4. The amount of
				the contribution;
5. The allowance of
				crediting for prior year service, if applicable; and,
6. The location where the program documents are
				available for public view.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.6 - LOSAP budget provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Once approved by the
				voters, appropriations for a LOSAP shall be included in the budget of the sponsoring
				agency as a separate line item. Municipal budget appropriations shall be treated as
				exceptions to the budget cap (40A:4-45.3 ).
(b) Fire districts anticipating the creation of a
				LOSAP at their annual election shall provide for the first year's cost of the
				program in the district's annual budget.
(c) If a fire district referendum on the public
				question to create a LOSAP is defeated, the appropriation provided in the district's
				annual budget shall be removed from the budget, along with an equivalent decrease
				adjustment to the tax levy that is certified by the Municipal Tax Assessor.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.7 - Restrictions on the number of LOSAPs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No municipality or
				fire district shall have more than one program that provides cash payments for
				volunteers based on length of service.
(b) Other authorized compensation programs for
				emergency service volunteers, such as stipends and uniform allowances, shall not be
				affected by the restriction set forth in (a) above.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.8 - Abolishing or amending LOSAPs

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to
				  40A:14-187, a LOSAP may be abolished
				  or amended in the same way by which it was created, except in the case of minor
				  amendments. Minor amendments include those that do not materially affect the
				  elements of the LOSAP that was originally approved by the voters. Such amendments
				  shall be approved by a majority vote of the governing body (in the case of municipal
				  sponsors), or by a majority vote of the Board of Fire Commissioners (in the case of
				  fire districts). In either case, the requirements for a referendum shall not apply.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.9 - LOSAP benefits

Current through Register Vol. 56, No. 14, July 15, 2024
In October of each year, the Director shall adjust the maximum
				  contribution for each LOSAP member in accordance with changes in the consumer price
				  index (CPI). Sponsoring agencies shall be informed of the adjusted amount through
				  the issuance of a Local Finance Notice and publication of a public notice in the New
				  Jersey Register.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.10 - LOSAP award process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				40A:14-191, emergency service
				organizations participating in a LOSAP shall annually certify to the sponsoring
				agency a list of all volunteer members who have qualified for credit under the LOSAP
				program for the previous year. The certification shall be based on records
				maintained by the emergency service organization in accordance with the sponsoring
				agency's adopted point system. The required certification shall be presented to the
				sponsor within 30 days of the plan anniversary date.
(b) Upon receiving the certified list from an
				emergency service organization, the sponsoring agency shall, within 30 days, review
				it and, if necessary, request any records or other such backup that it deems
				necessary in order to substantiate the information provided. Upon finding that the
				list is accurate, approval by the sponsoring agency shall then be conveyed by
				resolution of its governing body. Upon approval, the list shall be returned to the
				emergency service organization for posting.
(c) The emergency service organization shall post
				the certified list for a period of 30 days to allow sufficient time for membership
				review. The list shall be posted at the office of the municipal clerk, and at the
				emergency service squad facility. In the case of fire districts, the list shall be
				posted in the firehouses of the sponsoring agency.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.11 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Appeals filed
				pursuant to 40A:14-188(f)  shall
				be investigated by the sponsoring agency.
(b) Appeals shall be mailed to the municipal
				clerk, in the case of municipal sponsors, or to the secretary of the Board of Fire
				Commissioners, in the case of fire district sponsors.
(c) Appeals must be received by the sponsoring
				agency within 30 days of the posting date of the certification list, or within 30
				days of the date of denial of past service credit, as determined pursuant to the
				certification list required at
				5:30-14.10(a).
(d) In conducting its investigation, the
				sponsoring agency shall give due consideration to evidence submitted by the active
				volunteer member in support of the appeal, and evidence submitted by the emergency
				service organization in support of its decision. All such evidence shall be in the
				form of records or other written materials which clearly substantiate the reasons
				for filing an appeal by the active volunteer member, and the reasons for denying
				certification or credit for prior service, as determined by the emergency service
				organization.
(e) Upon receiving an
				appeal, and prior to conducting its own investigation, the sponsoring agency may, at
				its discretion, and within 10 days, refer the matter back to the emergency service
				organization in an effort to settle the dispute internally.
(f) If the appeal and all written documentation is
				referred back to the emergency service organization, and the emergency service
				organization fails to settle or take action on the issue within 30 days, the
				sponsoring agency shall then investigate the appeal, as set forth in section (d)
				above.
(g) If an appeal is not referred
				back to the emergency service organization, or within 30 days of receiving an
				unresolved appeal from the emergency service organization, the sponsoring agency
				shall conduct its own investigation, as set forth in (d) above, and shall submit a
				non-binding recommendation to the emergency service organization with respect to the
				matter. The emergency service organization shall either accept, modify or deny the
				sponsoring agency's recommendation, and thereby, decide the matter.
(h) The final decision by the emergency service
				organization shall be subject to appropriate judicial review.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.12 - Depositing LOSAP contributions

Current through Register Vol. 56, No. 14, July 15, 2024
Following the 30-day period for filing an appeal, and subject to
				  holding the payment of any members being appealed, payment shall be made by the
				  sponsoring agency to the approved contractor for deposit into the LOSAP account in
				  the deferred income program.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.13 - Pre-existing LOSAP programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Benefit programs,
				such as annuities, which are similar to LOSAPs and which were offered to members of
				volunteer emergency service organizations prior to enactment of
				40A:14-183 et seq. (January 19, 1998),
				may be continued subject to the following requirements:
1. Participants of pre-existing benefits programs
				who were vested at a level in excess of $ 750.00 per month as of January 19, 1998,
				may continue to receive benefits at that level.
2. Participants of pre-existing benefit programs
				who vest after January 19, 1998, shall not receive a benefit in excess of $ 750.00
				per month, except that the level may be adjusted annually pursuant to
				40A:14-185(f)  and
				5:30-14.9.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.14 - Prior service credit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a sponsoring
				agency allows credit for prior service, such credit shall only be granted to active
				volunteer members.
(b) If a sponsoring
				agency allows credit for prior service, such credit shall be limited to not more
				than 10 years of active emergency service periods preceding the creation of the
				program by the sponsoring agency.
(c)
				Calculations of prior year service credit shall be based on the point schedule
				adopted by the sponsoring agency, and the 12-month time frame that is used to define
				a year of active emergency service.
(d)
				The combined amount of the LOSAP award, including the current year benefit and
				payment for prior years service, cannot exceed $ 1,150 annually, except that this
				amount shall be adjusted annually, pursuant to
				40A:14-185(f)  and
				5:30-14.9.
(e) The executive board of the respective
				emergency service organization shall provide the sponsoring agency with a certified
				list of volunteers that are eligible for prior year service credit. The list shall
				be appropriately documented to support eligibility, and shall be subject to appeal
				pursuant to 40A:14-188(f)  and
				5:30-14.11.
(f) Credit for prior year service shall be awarded
				at the discretion of the current sponsoring agency.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.15 - Special circumstances governing multiple sponsors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In instances where
				there is more than one sponsoring agency of an emergency service organization:
1. No individual shall receive more than the
				maximum annual benefit amount established in
				40A:14-189(b),
				regardless of the number of sponsoring agencies served, except that the amount may
				be adjusted annually pursuant to
				40A:14-185(f)  and
				5:30-14.9.
2. Each agency shall adopt an enabling LOSAP
				ordinance or resolution, as appropriate, and the point system that each agency
				establishes shall be identical. The number of points awarded for services provided
				by the volunteer shall be accounted for in the aggregate, and shall not be based on
				services provided to individual municipalities or fire districts. The amount of
				benefit that a volunteer receives from each sponsoring agency may differ, and it may
				be prorated among the agencies served, but it shall not be greater than the maximum
				annual benefit established pursuant to
				40A:14-189(b)  and
				N.J.A.C. 5:30-14.9.
3. Each agency shall
				adopt identical LOSAP plans and shall have a common contractor.
4. If the agencies opt to coordinate the LOSAP
				program through an interlocal services agreement, such agreement shall be approved
				in a separate resolution following adoption of the LOSAP.
5. If the LOSAP is managed individually rather
				than through an interlocal services agreement, the annual certification list that is
				required pursuant to
				40A:14-191 shall be reviewed and
				approved by each individual sponsoring agency.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.16 - Length of service award programs: multiple sponsors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When more than one
				local governmental unit sponsors a single emergency service organization that
				implements a length of service award program, the sponsoring agencies shall adopt
				similar length of service award plan agreements which have the same contractor and
				local plan administrator. The contractor shall be selected pursuant to
				5:30-14.37.
(b) Two or more sponsoring agencies of a single
				length of service awards program, established in accordance with (a) above, may
				agree to delegate the administration of program activities to a single sponsoring
				agency acting as the lead agency. Such delegation shall be conveyed through an
				interlocal services agreement.
(c) An
				interlocal services agreement entered into pursuant to (b) above shall be sent to
				the Director for review and approval pursuant to (d) below.
(d) The Director shall review and approve an
				interlocal services agreement provided:
1. The
				agreement complies with the requirements set forth at
				40:8A-1 et seq.;
2. The agreement is approved by the sponsoring
				agency's governing body, either by ordinance or resolution, as the case may be, as
				prescribed by 40:8A-3 and 4;
3. The services being provided, in accordance with
				the interlocal services agreement, are eligible services as prescribed in
				40:8A-5; and
4. The agreement contains the appropriate
				provisions for addressing the contractual requirements set forth in
				40:8A-6.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.17 - Approving length of service award plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A sponsoring agency
				shall not implement a LOSAP plan until it is first approved by the Director pursuant
				to (b) below.
(b) The Director shall
				approve a LOSAP plan provided that the plan contains the following:
1. A statement of sponsoring agency and contractor
				duties and responsibilities;
2. A
				statement of the policies and procedures to be used in operating and maintaining a
				length of service award plan;
3. The
				identification of the types of investments options that will be offered pursuant to
				N.J.S.A. 43:15B-3c and
				5:30-14.19;
4. Documentation of compliance as provided for in
				5:30-14.55;
5. Evidence that the contractor has posted a bond
				to protect the plan and the employees from any loss resulting from fraud or
				dishonesty by the contractor pursuant to
				5:30-14.46, and has provided evidence of
				appropriate liability insurance and errors and omissions insurance;
6. A copy of all promotional material that is
				provided to prospective sponsoring agencies and volunteers, and a statement of any
				applicable fees and charges;
7. A copy
				of the agreement to be executed by the employee in order to participate in the
				Length of Service Award Plan; and
8.
				Contractor's certification that the investment opportunities offered by the
				contractor comply with the investment requirements established pursuant to N.J.S.A.
				43:15B-3c.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.18 - Participant agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An eligible active
				volunteer member may enroll in the plan by executing a participant
				agreement.
(b) The amount to be awarded
				shall be specified in the participant agreement.
(c) Once a participant agreement is signed, the
				participant and beneficiary waive all claims and rights to commute, sell, assign, or
				otherwise use or transfer rights to receive any payments under the plan, which
				payments and rights are expressly declared to be nonassignable and
				nontransferable.
(d) The sponsoring
				agency and a participant may execute only one participant agreement for purposes of
				enrolling in a plan during any one calendar year. The participant agreement expires
				upon termination of service or a revocation of awards.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.19 - Eligible investments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The funds awarded
				shall be invested in one or more of the following types of investments to the
				exclusion of all others:
1. Interest bearing
				accounts or securities, in which savings banks of New Jersey are authorized to
				invest their funds;
2. State of New
				Jersey Cash Management Fund;
3.
				Individual or group annuity contracts, whether fixed or variable;
4. Mutual fund shares; or
5. Life insurance contracts, whether fixed or
				variable.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.20 - Choice of investments

Current through Register Vol. 56, No. 14, July 15, 2024
It shall be at the option of the sponsoring agency to include in
				  the length of service award plan as many of the investment choices identified in
				  5:30-14.19 as deemed prudent.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.21 - Investment certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As part of the
				application package, each contractor shall certify on a form provided by the
				Director that the investments being offered comply with N.J.S.A.
				43:15B-3c.
(b) When a new investment
				option is offered, the contractor shall certify in writing to the Director that the
				new investment complies with N.J.S.A. 43:15B-3c.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.22 - Timing of investments

Current through Register Vol. 56, No. 14, July 15, 2024
All funds awarded shall be invested by the contractor within 72
				  hours, exclusive of Sundays and holidays, from the time the contractor receives the
				  funds or is notified that the funds are available for investment.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.23 - Prototypical length of service award plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A contractor shall
				submit a prototypical LOSAP plan to the Director for approval pursuant to
				5:30-14.17. The plan shall serve as the
				contract between the local government unit and a third party for the administration
				and investment of the funds awarded to participating active volunteers.
(b) The Director shall assign a separate
				identifier to each contractor's approved prototypical length of service award plan.
				The contractor shall ensure that the identifier shall appear in a prominent position
				on each plan offered to a sponsoring agency.
(c) The approval of a prototypical length of
				service award plan by the Director shall not constitute an endorsement thereof.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.24 - Uniform system of accounting

Current through Register Vol. 56, No. 14, July 15, 2024
The plan shall provide for a uniform system of accounting for
				  each participant and for the investment of the funds.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.25 - Adoption of a length of service award plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The sponsoring
				agency shall adopt a prototypical length of service award plan by resolution of the
				governing body. The resolution shall include, but not be limited to:
1. A formal adoption of the length of service
				award plan;
2. A description of the
				method used to solicit proposals pursuant to
				5:30-14.37;
3. Identification of a local plan administrator
				pursuant to 5:30-14.35;
4. An authorization to execute a length of service
				award plan with the contractor;
5. A
				statement of non-collusion pursuant to
				5:30-14.29;
6. The identification of the contractor and the
				prototypical length of service award plan identifier; and
7. A statement that the plan being adopted
				complies with the requirements set forth in
				5:30-14.55.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.26 - Sponsoring agency retaining assets

Current through Register Vol. 56, No. 14, July 15, 2024
All amounts awarded under a length of service award plan shall
				  remain the asset of the sponsoring agency; the obligation of the sponsoring agency
				  to participating volunteers shall be contractual only; and no preferred or special
				  interest in the awards made shall accrue to such participants. Such money shall be
				  subject to the claims of the sponsoring agency's general creditors until distributed
				  to any or all participants.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.27 - Responsibility for administration

Current through Register Vol. 56, No. 14, July 15, 2024
The sponsoring agency shall by resolution appoint a local plan
				  administrator to ensure the sound and proper administration of the length of service
				  award program, which shall include, but not be limited to, the proper, accurate and
				  adequate accounting and reporting of all funds.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.28 - Conflict of interest

Current through Register Vol. 56, No. 14, July 15, 2024
In undertaking any activities related to the establishment or
				  administration of a length of service award plan, including, but not limited to, any
				  activities related to contracting for the administration of such plan, local
				  government officers and employees shall be governed by and subject to the
				  requirements of the Local Government Ethics Law,
				  40A:9-22.1 et seq., and any county or
				  municipal code of ethics promulgated pursuant thereto.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.29 - Non-collusion

Current through Register Vol. 56, No. 14, July 15, 2024
There shall be no collusion, or evidence or appearance of
				  collusion, between any official or participant of the sponsoring agency and any
				  official or participant or representative of the contractor, vendor, insurance
				  company, bank, consultant, brokerage firm, or any other profit making or nonprofit
				  firm in solicitation or award of a length of service award plan with the sponsoring
				  agency. The sponsoring agency shall so certify to the Director in the resolution
				  implementing each length of service award plan.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.30 - No personal liability

Current through Register Vol. 56, No. 14, July 15, 2024
Neither the sponsoring agency nor local plan administrator shall
				  be held personally liable for any returns on investment of plan funds which are less
				  than any participant or group of participants expected. The sponsoring agency shall
				  require a hold harmless provision in the plan with contractors which includes an
				  indemnification of the sponsoring agency from any cause of action, together with the
				  reasonable costs of litigation from acts or omissions by the contractor.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.31 - Termination of LOSAP plan

Current through Register Vol. 56, No. 14, July 15, 2024
When a sponsoring agency terminates a length of service award
				  plan with a contractor, such action shall be by resolution. The resolution shall
				  include the name of the contractor and the plan identifiers. A single certified copy
				  of the resolution shall be filed with the Director.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.32 - Reasons for amendment

Current through Register Vol. 56, No. 14, July 15, 2024
The sponsoring agency may amend the length of service award plan
				  to accommodate changes in the Internal Revenue Code, Federal statutes, State laws or
				  rules.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.33 - Notification of amendment

Current through Register Vol. 56, No. 14, July 15, 2024
The sponsoring agency shall notify all participants in writing
				  prior to making any amendment to the plan. The notice shall state that an amendment
				  will be made, what the amendment will be, why the plan is being amended, and what
				  the impact, if any, will be on the participants. The participants shall have the
				  right to modify the participant agreement to reduce or eliminate any adverse impact
				  on their accounts.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.34 - Plan amendment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any amendment to a
				length of service award plan shall be submitted for review and approval by the
				Director pursuant to (d) below prior to implementation.
(b) The documentation submitted to the Director
				shall identify the regulatory authority for the amendment and the specific language
				of the change.
(c) The sponsoring agency
				shall adopt the amendment by resolution of the governing body. A certified copy of
				the resolution shall be forwarded to the Director.
(d) The Director shall approve a proposed
				amendment provided:
1. The information required in
				(b) and (c) above is satisfactorily provided;
2. The amendment complies with the notification
				requirements of 5:30-14.33; and
3. The amendment does not cause any adverse impact
				on the plan participants.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.35 - Responsibilities of the local plan administrator

Current through Register Vol. 56, No. 14, July 15, 2024
The sponsoring agency shall appoint a local plan administrator
				  for a prototypical length of service award plan who shall have responsibility for
				  the transfer of awarded funds to the contractor for investment.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.36 - Document retention

Current through Register Vol. 56, No. 14, July 15, 2024
The local plan administrator shall retain in a safe place the
				  original policies, contracts or other legal documents executed by the sponsoring
				  agency and the contractor. Such documents shall be retained in accordance with the
				  State of New Jersey record retention requirements as found in N.J.A.C. 15:3.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 14 - EMERGENCY SERVICE VOLUNTEER LENGTH OF SERVICE AWARD PROGRAM › Section 5:30-14.37 - Award of length of service award plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In seeking a
				contractor, the sponsoring agency shall solicit written proposals from two or more
				contractors offering prototypical length of service award plans. After reviewing the
				proposals, an award shall be made by resolution of the governing body of the
				sponsoring agency. The resolution shall include a written description of the method
				used to solicit proposals, identify the responding vendors and state the rationale
				for selecting a specific contractor.
(b)
				The term of the length of service award plan shall be determined by the sponsoring
				agency and the contractor.
(c) Until
				more than one contractor has been approved by the Director, a sponsoring agency
				shall submit a written request to the Director for a waiver from the requirement for
				soliciting proposals from two or more contractors offering prototypical length of
				service award plans as set forth in (a) above.