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 152.7 - Service credit

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Each ambulance company for which a service award program is adopted shall
				maintain at all times for each volunteer ambulance worker of the company,
				whether or not a participant in the program, a record of the activities
				performed and points granted toward a year of ambulance service
				credit.
(b) On or before March 31st
				of each year, each ambulance company for which a service award program is
				adopted shall prepare and submit to the governing board of the sponsor a list
				of all the volunteer ambulance workers of the company which identifies all
				those who have earned credit for a year of ambulance service during the
				preceding calendar year. Such list shall be certified under oath by the
				president, secretary and chief or comparable officers of the ambulance company
				and shall be accompanied by such membership records or records of point
				accumulations as the governing board may require to substantiate the accuracy
				of the list. Such list shall also identify those volunteer ambulance workers
				who have waived participation in the service award program as provided in
				subdivision (g) of this section.
(c) On or before May 1st of each year, the
				governing board of the sponsor shall review each such certified list and may
				delete the name of any person who was not a volunteer ambulance worker during
				the proceeding calendar year or disallow the service credit of any volunteer
				ambulance worker who did not earn 50 points during the proceeding calendar year
				or whose point accumulation has not been adequately documented. Thereafter, the
				governing board shall approve each such certified list of volunteer ambulance
				workers and each volunteer ambulance worker thereon identified as having earned
				50 or more points during the preceding calendar year shall be credited with a
				year of ambulance service. Upon approval, the governing board shall cause a
				copy of each list to be returned the appropriate ambulance company and each
				ambulance company shall, immediately upon receipt, post the list in a
				conspicuous place at its principal headquarters for at least 30 days and
				maintain a record of the date on which the list is posted.
(d) Not later than 30 days after the approved
				list is posted by the ambulance company, any volunteer ambulance worker whose
				name does not appear on the list as having earned credit for a year of
				ambulance service may appeal to the governing board of the sponsor to have his
				or her name added to the list as having earned credit for a year of ambulance
				service. The appeal shall be in writing and mailed to the clerk or secretary of
				the governing board of the sponsor. The governing board shall investigate all
				appeals and upon finding that such a volunteer ambulance worker has earned a
				year of ambulance service credit for the preceding calendar year, shall order
				the volunteer ambulance worker to be identified as having earned a year of
				ambulance service credit on the approved list.
(e) On or before July 1st of each year, the
				governing board of the sponsor shall cause a certified copy of the approved
				list to be filed with the administrator accompanied by appropriate
				documentation supporting any changes to the list made pursuant to subdivision
				(d) of this section.
(f) The
				administrator shall retain such list and shall promptly forward a copy of such
				list to the program actuary.
(g)
				Any volunteer ambulance worker not wishing to participate in the service award
				program may waive participation by filing with the chief executive officer of
				the ambulance company, the chief executive officer of the political subdivision
				and the administrator a written notice of waiver of participation. Such waiver
				shall remain effective until withdrawn in the same manner. During the period
				such a waiver remains effective, a volunteer ambulance worker shall not earn
				service credit, nor be entitled to a distribution from the program.
(h) If the effective date as of which a
				volunteer ambulance worker (or the volunteer ambulance worker's beneficiary, if
				the volunteer ambulance worker is deceased) begins to be paid a service award
				is other than the last day of a calendar year, the volunteer ambulance worker
				shall have the opportunity to earn service credit (i.e., points under the point
				system) up to the day immediately preceding the effective date as of which the
				service award payments commence. When preparing this list described in
				subdivision (b) of this section, only activities performed by a volunteer
				ambulance worker up to the day immediately preceding the effective date as of
				which service award payments commenced to the volunteer shall be considered
				when determining whether the volunteer earned 50 points during the calendar
				year in which the service award payments commenced to the volunteer. One year
				of service credit shall be awarded to a volunteer ambulance worker only if he
				or she earned 50 points for activities he or she performed up to the day
				immediately preceding the effective date as of which the service award payments
				commenced to the volunteer. When determining the points to be awarded to the
				volunteer ambulance worker for participation in ambulance company responses up
				to such day, the volunteer ambulance worker must have responded to the same
				minimum number of calls for the year that all other volunteer ambulance workers
				may be required to respond to under the point system adopted by the sponsor.
				Upon receipt of a certified copy of the approved list by the administrator as
				set forth in subdivision (e) of this section, the administrator shall promptly
				direct the program trustee to begin paying the volunteer ambulance worker any
				additional service award to which he or she may be entitled to be paid as of
				the effective date on which service award payments commenced to the volunteer
				ambulance worker.