New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 155 - State-administered Defined Benefit Service Award Programs For Volunteer Firefighters › Section 155.7 - Service credit

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Each volunteer fire company or volunteer fire department for which a
				State-administered defined benefit volunteer firefighter service award program
				is adopted shall maintain at all times for each volunteer firefighter of the
				volunteer fire company or volunteer fire department, whether or not a
				participant in the State-administered defined benefit volunteer firefighter
				service award program, a record of the activities performed and points granted
				toward a year of firefighting service.
(b) On or before March 31st of each year,
				each volunteer fire company or volunteer fire department for which a
				State-administered defined benefit volunteer firefighter service award program
				is adopted shall prepare and submit to the governing board of the sponsor a
				list of all the volunteer firefighters of the volunteer fire company or
				volunteer fire department which identifies all those who have qualified for
				credit for a year of firefighting service during the preceding calendar year.
				Such list shall be certified under oath by the president, secretary and chief
				or comparable officers of the volunteer fire company or volunteer fire
				department 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
				firefighters who have waived participation in the State-administered defined
				benefit volunteer firefighter 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 firefighter during the preceding calendar year or disallow the
				service credit of any volunteer firefighter who did not earn or otherwise
				receive 50 points during the preceding calendar year or whose point
				accumulation has not been adequately documented. Thereafter, the governing
				board shall approve each such certified list of volunteer firefighters and each
				volunteer firefighter named thereon shall be credited with a year of
				firefighting service. Upon approval, the governing board shall cause a copy of
				each list to be returned to the appropriate volunteer fire company or volunteer
				fire department and each volunteer fire company or volunteer fire department
				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; provided, however, that no personal identifying
				information shall be included in the list that is posted except the names of
				the firefighters credited with a year of firefighting service.
(d) Not later than 30 days after the approved
				list is posted by the volunteer fire company or volunteer fire department, any
				volunteer firefighter whose name does not appear on the list may appeal to the
				governing board of the sponsor to have his or her name added to the list as
				having qualified for credit for a year of firefighting service during the
				preceding calendar year. 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 firefighter has
				qualified for a year of firefighting service credit for the preceding calendar
				year, shall order the volunteer firefighter's name to be added to 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.
(f) The administrator shall retain such list
				and shall promptly forward a copy of such list to the program
				actuary.
(g) Any volunteer
				firefighter not wishing to participate in the State-administered defined
				benefit volunteer firefighter service award program may waive participation by
				filing with the chief executive officer of the volunteer fire company or
				volunteer fire department, 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 firefighter shall not
				earn service credit, nor be entitled to a distribution from the
				State-administered defined benefit volunteer firefighter service award
				program.
(h) Notwithstanding the
				provisions of subdivisions (b) through (e) of this section, if, as of the
				effective date of the conversion of a locally administered defined contribution
				volunteer firefighter service award program into a State-administered defined
				contribution volunteer firefighter service award program, the governing board
				of a sponsor has approved a certified list of volunteer firefighters qualified
				for credit for a year of firefighting service rendered during the preceding
				calendar year in substantial compliance with the procedures set forth in
				subdivisions (b) through (d) of this section, excepting the dates set forth
				therein, the governing board shall comply with the filing requirement of
				subdivision (e) of this section no later than 30 days after the chief executive
				officer of the sponsor files a completed and executed copy of the adoption or
				transfer agreement with the administrator pursuant to section
				155.5 
				of this Part.