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 155.4 - Notice of adoption or transfer

Current through Register Vol. 46, No. 28, July 10, 2024
For any defined benefit volunteer firefighter service award
				  program which, on or after June 1, 2007, is to be State-administered pursuant
				  to voter approval of either:
(a) the
				adoption of such a program; or
(b)
				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
				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:
(1) a statement of the date on
				which the governing board of the sponsor approved the resolution authorizing
				adoption of the State-administered defined benefit volunteer firefighter
				service award program or transfer of a locally-administered defined benefit
				volunteer firefighter program to State administration 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
				State-administered defined benefit volunteer firefighter service award program
				or transfer or a locally-administered defined benefit volunteer firefighter
				service award program to State administration 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
				and program actuary 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-A 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 State-administered defined benefit volunteer firefighter
				service award program or transfer of a locally-administered defined benefit
				volunteer firefighter service award program to State administration; 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 benefit volunteer firefighter service award program or
				transfer of a locally-administered defined benefit volunteer firefighter
				service award program to State administration; and proof that the cost
				estimates prepared pursuant to section
				155.3  of
				this Part were disclosed in the proposition; and
(iv) express his or her opinion that the
				sponsor has undertaken all actions and proceedings required by law to adopt the
				State-administered defined benefit volunteer firefighter service award program
				or to transfer a locally-administered defined benefit volunteer firefighter
				service award program to State administration;
(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 volunteer fire company or volunteer fire department
				having volunteer firefighters who are potential participants in the
				State-administered defined benefit volunteer firefighter service award
				program.