reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 150 - Service Award Programs For Volunteer Ambulance Workers › Section 150.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
				otherwise defined, the terms used in this Part shall have the same meaning as
				provided in article 11-AA of the General Municipal Law.
(b) In addition, as used in this Part:
(1) Account shall mean the bookkeeping
				account established for a participant by the administrator.
(2) Account balance shall mean, as of any
				given time, the value of all contributions credited to a participant's account,
				plus all interest, earnings and gains thereon, and minus all losses,
				distributions, forfeitures and necessary administrative costs charged
				thereto.
(3) Administrator shall
				mean the State Comptroller or, if the comptroller retains an administrative
				service agency or financial organization to perform the functions set forth in
				section
				150.10  of this
				Part, such administrative service agency or financial organization.
(4) Participant shall mean a volunteer
				ambulance worker who is eligible for a benefit under a service award
				program.
(5) Prior service
				contribution means a contribution to a service award program made by the
				sponsor of the program on behalf of a participant for ambulance service
				rendered by the participant during any one of the five calendar years
				immediately preceding the adoption of the program.
(6) Sponsor means a county, city, town,
				village or ambulance district which adopts a service award program.
(7) Valuation date shall mean the last day of
				each calendar quarter, and each other day as may be determined by the
				administrator, as of which the administrator shall determine the value of the
				participants' account balances.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 150 - Service Award Programs For Volunteer Ambulance Workers › Section 150.3 - Notice of adoption

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				On or before December 15, 1995, or within 30 days after the adoption of a
				service award program, whichever is later, the chief executive officer of the
				sponsor shall file with the Office of the State Comptroller in Albany, NY, two
				copies of a verified notice of adoption which shall contain the following:
(1) a statement of the date on which the
				governing board of the sponsor approved the resolution authorizing adoption of
				the program and the vote thereon, and a certified copy of the
				resolution;
(2) a statement of the
				date on which the eligible voters of the sponsor approved the proposition
				authorizing adoption of the program and the vote thereon, and a certified copy
				of the proposition;
(3) an opinion
				of legal counsel which shall:
(i) be
				addressed to the sponsor;
(ii)
				expressly provide that the administrator may rely thereon;
(iii) state that in his or her capacity as
				legal counsel to the sponsor, he or she has examined originals or true and
				complete copies of those records, documents and other instruments necessary to
				render his or her opinion, including, but not limited to, the provisions of
				article 11-AA of the General Municipal Law and such other statutes as may be
				relevant, the resolution of the governing board of the sponsor authorizing the
				adoption of the program, proof of any posting and publication of required
				notice and the certificate certifying the result of the vote on the proposition
				authorizing the adoption of the program; and
(iv) express his or her opinion that the
				sponsor has undertaken all actions and proceedings required by law to adopt the
				program;
(4) a statement
				of the name, address and telephone number of the chief executive officer of the
				sponsor; and
(5) a statement of the
				name, address and telephone number of each ambulance company having volunteer
				ambulance workers who are potential participants in the program.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 150 - Service Award Programs For Volunteer Ambulance Workers › Section 150.4 - Adoption agreement

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Within 30 days of receipt of the notice of adoption provided for in section
				150.3  of this
				Part, the administrator shall send to the chief executive officer of the
				sponsor a copy of the program document and two copies of a standard form of
				adoption agreement for the program.
(b) The form of adoption agreement shall
				contain a statement that the sponsor agrees to abide by the provisions of
				article 11-AA of the General Municipal Law, the rules and regulations
				promulgated thereunder and the program document, as amended from time to time.
				The form of adoption agreement shall be completed by incorporating the
				following terms of the program as determined by the sponsor:
(1) entitlement age;
(2) the number of years of ambulance service
				required for a participant to obtain a nonforfeitable right to a service
				award;
(3) the amount to be
				contributed to the program by the sponsor on behalf of each participant who is
				credited with a year of ambulance service; and,
(4) whether the sponsor shall make prior
				service contributions and, if so, the number of years for which such
				contributions shall be made and an irrevocable election to pay prior service
				contributions in the form of a single lump sum payment or in five equal annual
				installments as provided in section
				150.7 
				of this Part.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 150 - Service Award Programs For Volunteer Ambulance Workers › Section 150.5 - Collection of personal information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as provided in subdivision (b) of
				this section, annually, at such time and in such form as the administrator may
				require, the chief executive officer of the sponsor shall obtain from each
				ambulance company for which the program is established for submission to the
				administrator, and each ambulance company shall provide to the chief executive
				officer for such purpose, the following information for each volunteer
				ambulance worker of the ambulance company, whether or not such volunteer
				ambulance worker is a participant in the program:
(1) name;
(2) address;
(3) social security number;
(4) date of birth;
(5) ambulance company;
(6) beneficiaries; and
(7) such other information as the
				administrator determines necessary for the administration of the
				program.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 150 - Service Award Programs For Volunteer Ambulance Workers › Section 150.9 - Notice of amendment or termination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Once a service award program has been
				adopted, the sponsor may amend or terminate its participation in the program in
				the manner provided by article 11-AA of the General Municipal Law.
(b) Within 30 days after the amendment of any
				of the terms of a service award program set forth in the adoption agreement, or
				the termination of the sponsor's participation in a service award program, the
				chief executive officer of the sponsor shall file with the administrator a
				verified notice of amendment or notice of termination which shall contain the
				following:
(1) a statement of the date on
				which the governing board of the sponsor approved the resolution authorizing
				the amendment or termination of the program and the vote thereon, and a
				certified copy of the resolution;
(2) in the case of termination, or if the
				amendment requires submission of a proposition to the eligible voters of the
				sponsor, a statement of the date on which the eligible voters approved the
				proposition authorizing the amendment or termination and the vote thereon, and
				a certified copy of the proposition; and
(3) an opinion of legal counsel which shall:
(i) be addressed to the sponsor;
(ii) expressly provide that the administrator
				may rely thereon;
(iii) state that
				in his or her capacity as legal counsel to the sponsor, he or she has examined
				originals or true and complete copies of those records, documents and other
				instruments necessary to render his or her opinion, including, but not limited
				to, the provisions of article 11-AA of the General Municipal Law and such other
				statutes as may be relevant, the resolution of the governing board of the
				sponsor authorizing the amendment or termination of the program, proof of any
				posting and publication to required notice and the certificate certifying the
				result of the vote on the proposition authorizing the amendment or termination
				of the program; and
(iv) express
				his or her opinion the sponsor has undertaken all actions and proceedings
				required by law to amend or terminate the program.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 150 - Service Award Programs For Volunteer Ambulance Workers › Section 150.10 - Administration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Service award
				programs shall be administered by the State Comptroller unless the comptroller
				retains an administrative service agency or financial organization to
				administer the programs. Upon receipt of a notice of adoption of a service
				award program the Office of the State Comptroller shall notify the chief
				executive officer of the sponsor of the name, address and telephone number of
				the administrator and, if the administrator is not the State Comptroller,
				forward one copy of the notice of adoption to the administrator. In the event
				that there is a change in the identity of the administrator, the Office of the
				State Comptroller shall notify the chief executive officer of each sponsor of a
				service award program of the identity of the new administrator.
(b) The administrator shall:
(1) prepare a standard form of program
				document which shall be utilized by all program sponsors;
(2) prepare all forms necessary for the
				administration of the program;
(3)
				compile and maintain all records required for the administration of the
				program, including records of participant account balances;
(4) prepare and distribute to participants,
				ambulance companies and sponsors reports and program summaries as required by
				this Part;
(5) if the comptroller
				is not the administrator, prepare and furnish to the comptroller such reports
				as the comptroller may require;
(6)
				record and process contributions made by program sponsors;
(7) approve applications for distributions of
				service awards;
(8) record and
				process distributions of service awards;
(9) withhold all taxes and prepare all tax
				reporting forms required by Federal, State and local law; and
(10) perform such other functions as may be
				required by or pursuant to article 11-AA of the General Municipal Law and this
				Part.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 150 - Service Award Programs For Volunteer Ambulance Workers › Section 150.11 - Program document

Current through Register Vol. 46, No. 28, July 10, 2024
The administrator shall prepare and may amend the service
				  award program document setting forth the obligations of sponsors, the rights of
				  volunteer ambulance workers and participants, and standards and procedures for
				  the administration of service award programs. The program document and any
				  amendments thereto shall be consistent with the provisions of article 11-AA of
				  the General Municipal Law and the provisions of this Part, as amended. If the
				  program document is prepared by an administrative service agency or financial
				  organization, the program document and any amendments to the program document
				  shall not take effect until approved by the State
				  Comptroller.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 150 - Service Award Programs For Volunteer Ambulance Workers › Section 150.12 - Reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On or before
				March 31st of each year, the administrator shall provided to each sponsor a
				report which shall include, but not be limited to, the following information
				for the preceding calendar year for the sponsor;
(1) the total value of participant account
				balances as of January 1st;
(2) the
				total amount contributed to the program by the sponsor;
(3) the total amount of administrative
				expenses charged against participant accounts balances;
(4) the total amount of interest, earnings
				and gains credited to participant account balances;
(5) the total amount of losses charged to
				participant account balances;
(6)
				the total amount of distributions;
(7) the total value of forfeitures;
				and
(8) the total value of
				participant account balances as of December 31st.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 150 - Service Award Programs For Volunteer Ambulance Workers › Section 150.13 - Disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Not later than
				six months after a volunteer ambulance worker becomes a participant in a
				service award program, the administrator shall provide to the ambulance company
				of which the participant is a member, and promptly thereafter the ambulance
				company shall provide to the participant, a summary of the program's provisions
				as adopted by the sponsor of the program.
(b) In the event that a material modification
				is made to a service award program, the administrator shall provide to each
				ambulance company a copy of the modification within six months after the date
				on which the modification is adopted or the date on which the modification
				takes effect, whichever is later, and promptly thereafter each ambulance
				company shall provide a copy of the modification to each participant who is a
				member of the company.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 150 - Service Award Programs For Volunteer Ambulance Workers › Section 150.14 - Standards for selecting service providers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When selecting an administrative service
				agency or a financial organization to serve as administrator, the following
				standards shall be utilized:
(1) the entity's
				experience with defined contribution programs and defined benefit
				programs;
(2) the capitalization of
				the entity;
(3) the entity's
				creditworthiness;
(4) the entity's
				ability to perform the required duties; and
(5) the cost of services to be provided by
				the entity.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 150 - Service Award Programs For Volunteer Ambulance Workers › Section 150.15 - Acknowledgment

Current through Register Vol. 46, No. 28, July 10, 2024
Each administrative service agency or financial organization
				  selected to provide services in connection with service award programs shall
				  contractually agree to discharge its duties as a fiduciary to the participants
				  in service award programs. In addition, when a financial organization is
				  selected to perform duties in connection with investment matters, it shall
				  contractually agree to discharge its duties as fiduciary in accordance with the
				  prudent expert standard of care.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 150 - Service Award Programs For Volunteer Ambulance Workers › Section 150.16 - Solicitation, education and confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No financial organization or
				administrative service agency nor any of their agents shall solicit a volunteer
				ambulance worker to purchase any products made available by such financial
				organization or administrative service agency other than in connection with the
				program, nor use information obtained by reason of its appointment as a
				financial organization or administrative service agency to solicit volunteer
				ambulance workers with respect to such other products.
(b) Educational materials designed to
				acquaint volunteer ambulance workers with the benefits of the program may be
				provided by the financial organization or administrative service agency upon
				prior approval by the Office of the Comptroller. In addition, at the time of
				distribution of a service award, an administrative service agency or financial
				organization may include with the distribution written information concerning
				the potential tax consequences of the distribution and generic categories of
				investment options. Such information may contain a statement indicating that
				additional information may be obtained from the administrative service agency
				or financial organization or their agents and from other financial
				institutions, but in all cases such information shall also contain a clear and
				prominent statement that the Office of the State Comptroller does not review,
				approve, endorse or recommend, and is not in any way involved with, any
				financial instrument, product or service offered by or acquired through, an
				administrative service agency, financial organization or their agents, or any
				other financial institution.
(c)
				Except as otherwise provided by law, all information obtained under the program
				by the sponsor, an ambulance company, an administrative service agency or a
				financial organization shall be confidential and shall be used exclusively for
				purposes relating to the program.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 150 - Service Award Programs For Volunteer Ambulance Workers › Section 150.17 - Auditing

Current through Register Vol. 46, No. 28, July 10, 2024
Service award programs shall be audited annually by an
				  independent certified public accounting firm of recognized standing in the
				  industry. Financial statements shall include the status of investments, a
				  valuation of each investment and a valuation of investment holdings in the
				  aggregate. The audit shall be performed in accordance with generally accepted
				  auditing standards and financial statements shall be prepared in accordance
				  with generally accepted accounting principles. Marketable securities shall be
				  valued at market value.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 151 - The New York State College Choice Tuition Savings Program › Section 151.1 - Purpose; scope

Current through Register Vol. 46, No. 28, July 10, 2024
The New York State College Choice Tuition Savings Program
				  (the program) was established for the purpose of enabling residents of New York
				  and other states to benefit from the tax incentive provided for qualified
				  tuition programs under the Internal Revenue Code of 1986, as amended (the
				  code), and to attract students to public and private colleges and universities
				  within the State. The Comptroller of the State of New York (the Comptroller)
				  and the New York Higher Education Services Corporation (HESC) are required to
				  implement the program as a "qualified tuition program" under section 529 of the
				  code, and make changes to the program required for participants to obtain the
				  tax benefits provided thereunder. These rules, developed jointly by the
				  Comptroller and HESC pursuant to a memorandum of understanding dated November
				  10, 1997, clarify or modify certain provisions of article 14-A of the Education
				  Law (article 14-A), as authorized and required thereby, to maintain the program
				  as a qualified tuition program. In the event that changes in Federal law or
				  rules necessitate program changes in order to maintain the program as a
				  qualified tuition program, the Comptroller and HESC shall promptly:
(a) take all appropriate administrative steps
				to conform program requirements to Federal law and rules; and
(b) initiate the rule making procedure to
				promulgate necessary and appropriate amendments to this Part.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 151 - The New York State College Choice Tuition Savings Program › Section 151.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
				otherwise defined, the terms used herein shall have the same meaning as used in
				the program brochure for the program, as now in effect or hereafter amended
				(the program brochure), which describes the program's operation and financial
				information. The program brochure can be obtained from the program manager
				selected by the Comptroller and HESC pursuant to article 14-A of the Education
				Law.
(b) The following terms used
				herein shall have the meanings set forth below:
(1) Account means an individual savings
				account established in accordance with article 14-A.
(2) Designated beneficiary means, with
				respect to an account, the individual designated as the individual whose
				qualified higher education expenses are expected to be paid from such
				account.
(3) Early withdrawal means
				a withdrawal from an account before the expiration of 36 months from the date
				the account was opended, whether or not the withdrawal is for payment of
				qualified higher education expenses.
(4) Non-qualified withdrawal means a
				withdrawal from an account which is not:
(i)
				a qualified withdrawal;
(ii) a
				withdrawal made as a result of the death or disability of a designated
				beneficiary; or
(iii) a withdrawal
				made on account of a scholarship.
(5) Qualified higher education expense shall
				have the meaning set forth in section 529(e)(3) of the code.
(6) Qualified withdrawal means a withdrawal
				from an account to pay qualified higher education expenses of the designated
				beneficiary after the account has been open for at least 36 months.
(7) Scholarship shall mean any payment
				described in section 530(d)(4)(B)(iii) of the code.
(8) Transfer means a distribution described
				in section 529(c)(3)(C)(i) of the code and the treasury regulations
				thereunder.
(9) Trust fund means
				the New York State College Choice Tuition Savings Program trust fund
				established by section 78  of the State Finance Law.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 151 - The New York State College Choice Tuition Savings Program › Section 151.3 - Maximum contributions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The aggregate amount of contributions
				that can be made under the program for any designated beneficiary shall not
				exceed $100,000, the amount established by section 695-e (14)(a)  of the
				Education Law. The qualified higher education expenses of a four year
				undergraduate education at an accredited private educational institution
				located in New York, attendance at which is among the most costly, are
				currently in excess of the $100,000 limit on contributions. If the Comptroller
				and HESC jointly determine that qualified higher education expenses of a four
				year undergraduate education at an accredited private educational institution
				located in New York, attendance at which is among the most costly, are less
				than $100,000, they shall reduce the limit on the aggregate amount of
				contributions to the amount so determined to ensure continuous compliance with
				section 529(b)(7) of the code and the treasury regulations thereunder. If the
				permissible aggregate amount of contributions is so reduced, notice of such
				reduction shall be provided to account owners not less than six months prior to
				the effective date of the reduction.
(b) The program manager shall monitor
				contributions so as to prevent contributions to any account for a designated
				beneficiary when the cumulative contributions to all accounts for such
				designated beneficiary equal $100,000. Any amount tendered as a contribution,
				or portion of a contribution, that if accepted as a contribution would cause
				aggregate contributions for any designated beneficiary to be in excess of
				$100,000 shall be rejected as a contribution, and shall be directly returned by
				the program manager to the account owner.
(c) Transfers will not be permitted to the
				extent that they would cause the aggregate contributions for all accounts for
				the same designated beneficiary to exceed $100,000.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 151 - The New York State College Choice Tuition Savings Program › Section 151.4 - Penalty

Current through Register Vol. 46, No. 28, July 10, 2024
A penalty shall be withheld, and paid to the trust fund, from
				  any early withdrawal from an account, in an amount equal to ten percent of the
				  portion of the withdrawal constituting earnings, except for withdrawals made as
				  a result of the death or disability of a designated beneficiary or a withdrawal
				  made on account of a scholarship awarded to the designated
				  beneficiary.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 151 - The New York State College Choice Tuition Savings Program › Section 151.5 - Withdrawals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				Comptroller, HESC and the program manager have adopted procedures for
				determining whether a withdrawal is:
(1) a
				withdrawal on account of the death or disability of, or scholarship awarded to,
				the designated beneficiary; and
(2)
				an early withdrawal.
Following the request of an account owner for a withdrawal of
				  all or part of the balance from an account, payment shall be made not later
				  than seven days after the date on which a determination is made by the program
				  manager and/or HESC, as applicable, using the above-referenced procedures, that
				  a withdrawal request should be effected.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 151 - The New York State College Choice Tuition Savings Program › Section 151.6 - Confirmation of death, disability or scholarship of designated beneficiary for an early withdrawal

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Prior to an early withdrawal from an account due to the death or disability of
				the designated beneficiary of that account, or because the designated
				beneficiary has received a scholarship to be applied toward attendance at an
				eligible educational institution, the account owner shall certify the reason
				for the withdrawal and provide written confirmation from a third-party that the
				designated beneficiary has in fact died, become disabled, or received a
				scholarship for attendance at an eligible educational institution. A request to
				make an early withdrawal due to the death or disability of, or a scholarship
				award to, the designated beneficiary shall not be considered complete until
				such third-party written confirmation is received by the program
				manager.
(b) For purposes of
				subdivision (a) of this section, third-party written confirmation shall consist
				of the following documentation:
(1) For death
				of the designated beneficiary, a certified death certificate sufficiently
				identifying said beneficiary by name and social security number, or such other
				proof of death as is recognized under applicable law.
(2) For disability of the designated
				beneficiary, a certification by a physician who is a doctor of medicine or
				osteopathy that indicates that he or she is legally authorized to practice in a
				state of the United States and that the designated beneficiary is unable to
				engage in any substantial gainful activity by reason of any medically
				determinable physical or mental impairment which can be expected to result in
				death or to be of long-continued and indefinite duration. Such certification
				shall be on a form provided or approved by the program manager.
(3) For a scholarship award to the designated
				beneficiary, a letter from the grantor of the scholarship or from the eligible
				educational institution receiving or administering the scholarship, that
				identifies the designated beneficiary by name and social security number as the
				recipient of the scholarship and states the amount of the scholarship, the
				period of time or number of credits or units to which it applies, or the date
				of the scholarship, and, if applicable, the eligible educational institution to
				which the scholarship is to be applied.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 151 - The New York State College Choice Tuition Savings Program › Section 151.7 - No state guaranty

Current through Register Vol. 46, No. 28, July 10, 2024
The tuition savings agreement, program brochure and every
				  contract, application, deposit slip, other similar document that may be used in
				  connection with a contribution to an account shall clearly indicate that the
				  account is not insured by the State and neither the principal deposited nor the
				  investment return is guaranteed by the State.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 152 - Defined Benefit Service Award Programs For Volunteer Ambulance Workers › Section 152.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
Article 11-AAA of the General Municipal Law authorizes the
				  establishment of defined benefit plan service award programs to provide
				  municipally funded, pension-like benefits for volunteer ambulance workers.
				  Paragraph 2 of section 219-p of article 11-AAA states that "the State
				  Comptroller shall promulgate rules and regulations, as appropriate, for the
				  service award programs. Such rules shall include, but not be limited to,
				  standards for the selection of service providers, the method and timing of the
				  payments required to be made by the sponsor, reporting requirements, matters
				  relating to the preparation of a plan document, and any other matter relating
				  to the service award programs". These are the Comptroller's rules and
				  regulations for defined benefit plan service award programs.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 152 - Defined Benefit Service Award Programs For Volunteer Ambulance Workers › Section 152.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
				otherwise defined, the terms used in this Part shall have the same meaning as
				provided in article 11-AAA of the General Municipal Law.
(b) In addition, in this Part:
(1) Benefit or benefit amount means an annual
				payment of $60, $120, $180 or $240 for each year of ambulance service, as
				selected by the sponsor.
(2)
				Comptroller means the New York State Comptroller.
(3) Program actuary means the actuary
				designated by the Comptroller to perform the functions required to be performed
				by an actuary under article 11-AAA of the General Municipal Law and these rules
				and regulations, as they may be amended from time to time.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 152 - Defined Benefit Service Award Programs For Volunteer Ambulance Workers › Section 152.3 - Adoption of programs

Current through Register Vol. 46, No. 28, July 10, 2024
Defined benefit plan service award programs shall be adopted
				  in accordance with article 11-AAA of the General Municipal Law. Prior to
				  consideration of a resolution authorizing adoption of such a service award
				  program, the governing board of a political subdivision shall obtain from the
				  program actuary an estimate of the annual cost of the program. In making such
				  estimate, the program actuary shall calculate each separate component and the
				  total estimated cost of a proposed program. In calculating such costs, the
				  program actuary may rely upon information provided by the political subdivision
				  and any ambulance company having members who are potential participants in the
				  program and shall use the actuarial methodology and assumptions that shall be
				  or are expected to be used to calculate the estimated annual cost of the
				  proposed program as of the last day of the first calendar year ending after the
				  effective date of the program. The program actuary shall disclose to the
				  political subdivision in writing the fee for preparing the estimated annual
				  cost of the program before beginning the cost estimate calculation. If a member
				  of the Comptroller's staff is not the program actuary, the fee for preparing
				  the cost estimate shall not exceed the amount which the program actuary is
				  permitted to charge for such service pursuant to an agreement between the
				  program actuary and the Comptroller. The sponsor shall pay such fee to the
				  program actuary after rendition of the service promptly following receipt of
				  the appropriate billing documents.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 152 - Defined Benefit Service Award Programs For Volunteer Ambulance Workers › Section 152.4 - Notice of adoption

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Within 60 days after the adoption of a defined benefit plan service award
				program, the chief executive officer of the sponsor shall file with the Office
				of the State Comptroller in Albany, NY, two copies of a verified notice of
				adoption which shall contain the following:
(1) a statement of the date on which the
				governing board of the sponsor approved the resolution authorizing adoption of
				the program and the vote thereon, and a certified copy of the
				resolution;
(2) a statement of the
				date on which the electors of the sponsor approved the proposition authorizing
				adoption of the program and the vote thereon, and a certified copy of the
				proposition;
(3) an opinion of
				legal counsel which shall:
(i) be addressed to
				the sponsor;
(ii) expressly provide
				that the administrator may rely thereon;
(iii) state that in his or her capacity as
				legal counsel to the sponsor, he or she has examined originals or true and
				complete copies of those records, documents and other instruments necessary to
				render his or her opinion, including, but not limited to: the provisions of
				article 11-AAA of the General Municipal Law and such other statutes as may be
				relevant; the resolution of the governing board of the sponsor authorizing the
				adoption of the program; proof of any posting and publication of required
				notice; the certificate certifying the result of the vote on the proposition
				authorizing the adoption of the program; and, proof that the estimated annual
				cost as well as the program cost components disclosed in the proposition were
				prepared by the program actuary; and
(iv) express his or her opinion that the
				sponsor has undertaken all actions and proceedings required by law to adopt the
				program;
(4) a statement
				of the name, address and telephone number of the chief executive officer of the
				sponsor; and
(5) a statement of the
				name, address and telephone number of each ambulance company having volunteer
				ambulance workers who are potential participants in the program.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 152 - Defined Benefit Service Award Programs For Volunteer Ambulance Workers › Section 152.5 - Adoption agreement

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Within 30 days of receipt of a notice of adoption, the administrator shall send
				to the chief executive officer of the sponsor a copy of the program agreement,
				the trust agreement and two copies of a completed adoption agreement for the
				program.
(b) The adoption agreement
				shall contain a statement that the sponsor agrees to abide by the provisions of
				article 11-AAA of the General Municipal Law, the rules and regulations
				promulgated thereunder and the program and trust agreements, as amended from
				time to time. The adoption agreement shall incorporate the following terms of
				the program as determined by the sponsor:
(1)
				the name of the sponsor;
(2) the
				name of each volunteer ambulance company having volunteer ambulance workers who
				are potential program participants;
(3) the benefit under the program;
(4) in the case of a defined benefit plan
				service award program which was not converted from a pre-existing defined
				contribution plan service award program:
(i)
				the date as of which the program shall take effect;
(ii) whether the program provides credit for
				years of ambulance service rendered by a participant during the five calendar
				years immediately preceding the adoption of the program;
(iii) if the program provides credit for
				years of ambulance service rendered by a participant during the five calendar
				years immediately preceding the adoption of the program, a statement setting
				forth the timing and method of financing the cost of providing such credit;
				and
(iv) if the program is to take
				effect on a day other than the first day of January, a statement setting forth
				whether points toward a year of ambulance service shall be granted for
				activities performed between the immediately preceding first day of January and
				the effective date of the program;
(5) in the case of a defined benefit plan
				service award program which was converted from a defined contribution plan
				service award program:
(i) the effective date
				of the original defined contribution plan service award program (which shall be
				the effective date of the defined benefit plan service award
				program);
(ii) a statement setting
				forth whether the defined benefit plan service award program provides credit
				for years of ambulance service rendered by a participant during the five
				calendar years immediately preceding the effective date of the defined
				contribution plan program; and
(iii) if the defined benefit plan program
				allows credit for years of ambulance service during the five calendar years
				immediately preceding the effective date of the defined contribution plan
				service award program, a statement setting forth the timing and method of
				financing the cost of granting such service credit under the defined benefit
				plan service award program.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 152 - Defined Benefit Service Award Programs For Volunteer Ambulance Workers › Section 152.6 - Collection of personal information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as provided in subdivision (b) of
				this section, annually, and at such other times and in such form as the
				administrator may require, the chief executive officer of the sponsor shall
				obtain from each ambulance company for which the program is established for
				submission to the administrator, and each ambulance company shall provide to
				the chief executive officer for such purpose, the following information for
				each volunteer ambulance worker of the ambulance company, whether or not such
				volunteer ambulance worker is a participant in the program:
(1) name;
(2) address;
(3) social security number;
(4) date of birth;
(5) name of ambulance company in which he or
				she is a volunteer ambulance worker; and;
(6) such other information as the
				administrator determines necessary for the administration of the
				program.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 152 - Defined Benefit Service Award Programs For Volunteer Ambulance Workers › Section 152.10 - Forfeitures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except in the
				case of a participant, who, upon application to the administrator is determined
				by the administrator to be totally and permanently disabled, a participant, who
				before he or she earned five years of service credit, ceases to be a volunteer
				ambulance worker of an ambulance company whose volunteer ambulance workers are
				eligible to participate in the service award program in which such person
				participates, shall forfeit his or her service credit upon receipt by the
				administrator of the list described in section
				152.7  of this Part
				on which he or she is first indicated as having ceased to be a volunteer
				ambulance worker during the calendar year for which the list is
				prepared.
(b) If a person whose
				service credit was forfeited in accordance with subdivision (a) of this
				section, within the five calendar year period beginning immediately after the
				calendar year in which he or she ceased to be a volunteer ambulance worker,
				again becomes a volunteer ambulance worker of an ambulance company whose
				volunteer ambulance workers are eligible to participate in the program in which
				such person previously participated, such person's forfeited service credit
				shall be restored as of December 31st of the first calendar year in which he or
				she again earns a year of ambulance service credit and again becomes a
				participant in the program in which he or she formerly was a
				participant.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 152 - Defined Benefit Service Award Programs For Volunteer Ambulance Workers › Section 152.11 - Distributions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless a
				participant elects to be paid his or her service award in an optional
				actuarially equivalent form on the written application for distribution he or
				she files with the administrator, the service award shall be paid to the
				participant in the form of a monthly payment straight life annuity. The amount
				of the monthly straight life annuity payment shall be one-twelfth of the
				benefit amount times the years of ambulance service credit earned by the
				participant as of the effective date of the commencement of payment of his or
				her service award.
(b) Except as
				otherwise provided in this section, a participant shall be entitled to apply
				for and receive distribution of a service award only when the participant has
				acquired a, nonforfeitable right to a service award and has attained the
				entitlement age. A written application for distribution must be received by the
				administrator from a participant before payments shall commence to the
				participant. The participant shall, on such written application, specify the
				effective date of payment commencement and shall select the form of payment of
				his or her service award. The effective date of payment commencement shall be
				the first day of any month commencing within the 90-day period immediately
				following the date the written application is received by the administrator. A
				participant may file a written application within the 90-day period immediately
				preceding the date on which he or she shall have attained the entitlement age
				and acquired a nonforfeitable right to a service award and specify an effective
				date of payment commencement:
(1) no earlier
				than the date of attainment of the entitlement age and acquiring a
				nonforfeitable right to a service award; and
(2) no later than 90 days after the
				application is filed with the administrator.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 152 - Defined Benefit Service Award Programs For Volunteer Ambulance Workers › Section 152.12 - Program amendment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Once a service award program has been adopted, the sponsor may amend the
				program in the manner provided by subdivision 9 of section 219-l  of the General Municipal Law. All
				amendments to a service award program shall take effect on January 1st next
				succeeding the completion of the process of adopting the amendment provided by
				subdivision 9 of section 219-l.
(b)
				The resolution authorizing the adoption of an amendment to a service award
				program shall include:
(1) the name of each
				ambulance company having volunteer ambulance workers who are participants in
				the program;
(2) a description of
				the amendment;
(3) except in the
				case of a change to the activities for which points shall be granted toward a
				year of ambulance service credit, a statement of the effect if any, as
				determined by the program actuary, that the amendment would have on the annual
				cost of the program including a statement of the current and estimated future
				annual cost of the program; and
(4)
				except in a case of a change to the activities for which points shall be
				granted toward a year of ambulance service, the date on which the proposition
				authorizing the adoption of the amendment shall be submitted to
				referendum.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 152 - Defined Benefit Service Award Programs For Volunteer Ambulance Workers › Section 152.13 - Program termination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				defined benefit plan service award program may be terminated by the sponsor in
				the manner provided by subdivision 9 of section 2l9-l of the General Municipal
				Law. The termination of a service award program shall take effect on the
				December 31st next succeeding approval by voters of the proposition to
				terminate the defined benefit plan service award program.
(b) The resolution authorizing the
				termination of a service award program shall:
(1) list the name of each ambulance company
				having volunteer ambulance workers who are participants or in the program to be
				terminated;
(2) the estimated
				one-time cost of terminating the program, as determined by the program actuary;
				and
(3) indicate the date on which
				the proposition authorizing the termination shall be submitted to
				referendum.