New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 154 - State-administered Defined Contribution Service Award Programs For Volunteer Firefighters › Section 154.3 - Notice of adoption or transfer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Cost estimates. Prior to consideration of
				a resolution authorizing adoption of a State-administered defined contribution
				volunteer firefighter service award program, or the transfer of a
				locally-administered defined contribution volunteer firefighter service award
				program to State administration, the governing board of a political subdivision
				shall obtain from the administrator an estimate of the annual cost of the
				State-administered defined contribution volunteer firefighter service award
				program. In making such estimate, the administrator shall calculate each
				separate component of the total estimated cost of a proposed State-administered
				defined contribution volunteer firefighter service award program. In the case
				of a transfer of a locally-administered defined contribution volunteer
				firefighter service award program to State administration, the administrator
				shall also estimate the additional amount, if any, determined to be necessary
				to fully fund all existing obligations of such program, up to and including
				contributions for credit for a year of firefighting service performed during
				the calendar year immediately preceding the year in which State administration
				is anticipated to commence and unfunded prior service costs. To enable the
				administrator to make such estimates, the sponsor and each volunteer fire
				company or volunteer fire department having members who are potential
				participants in the State-administered defined contribution volunteer
				firefighter service award program shall provide to the administrator such
				information as the administrator may require, and the administrator may rely
				upon such information in making such estimates. The administrator shall make
				such estimates using the methodology and assumptions that would be used to
				calculate the contributions payable by the sponsor pursuant to section
				154.6 
				of this Part. Before beginning to make such estimates, the administrator shall
				disclose to the governing board in writing the fee for preparing such
				estimates. The fee for preparing the estimates shall not exceed the amount
				which the administrator is permitted to charge for such service pursuant to an
				agreement between the administrator and the Comptroller. The cost of such
				estimates shall be a charge against the sponsor.
(b) For any defined contribution volunteer
				firefighter service award program which, on or after June 1, 2007, is to be
				State-administered pursuant to voter approval of either:
(1) the adoption of such a program;
				or
(2) the transfer of
				administration of such a program to the State of New York, the chief executive
				officer of the sponsor shall, within 30 days after the approval of a
				proposition authorizing the adoption or transfer, submit to the State
				Comptroller by e-mail or other method prescribed by the Office of the State
				Comptroller, a verified notice of adoption or transfer which shall contain the
				following:
(i) a statement of the date on
				which the governing board of the sponsor approved the resolution authorizing
				adoption of the State-administered defined contribution volunteer firefighter
				service award program or transfer to the state of the administration of a
				defined contribution volunteer firefighter service award program and the vote
				thereon, and a certified copy of the resolution;
(ii) a statement of the date on which the
				eligible voters of the sponsor approved the proposition authorizing adoption of
				the State-administered defined contribution volunteer firefighter service award
				program or transfer to the state of the administration of a defined
				contribution volunteer firefighter service award program and the vote thereon,
				and a certified copy of the proposition;
(iii) an opinion of legal counsel which
				shall:
(a) be addressed to the
				sponsor;
(b) expressly provide that
				the administrator may rely thereon;
(c) 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-A of the General Municipal Law and such other laws as may be
				relevant; the resolution of the governing board of the sponsor authorizing the
				adoption of the State-administered defined contribution service award program
				or the transfer to the state of the administration of a defined contribution
				volunteer firefighter service award 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 State-administered
				defined contribution volunteer firefighter service award program or the
				transfer to the state of the administration of a defined contribution volunteer
				firefighter service award program; and proof that the cost estimates prepared
				pursuant to subdivision (a) of this section were disclosed in the proposition;
				and
(d) express his or her opinion
				that the sponsor has undertaken all actions and proceedings required by law to
				adopt the State-administered defined contribution volunteer firefighter service
				award program or the transfer to the State of the administration of a defined
				contribution volunteer firefighter service award program;
(iv) a statement of the name, address and
				telephone number of the chief executive officer of the sponsor; and
(v) a statement of the name, address and
				telephone number of each volunteer fire company or volunteer fire department
				having volunteer firefighters who are potential participants in a newly
				established State-administered defined contribution volunteer firefighter
				service award program or participants in an existing defined contribution
				volunteer firefighter service award program being transferred to State
				administration.