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2006 New York Code - Authorization To Establish Service Award Programs For Special Fire Companies And Departments.



 
    § 216-a. Authorization to establish service award programs for special
  fire  companies  and  departments.  1.  The political subdivisions which
  contract to receive fire protection services from a special fire company
  or department may jointly establish a  service  award  program  for  the
  volunteer  firefighters  of  such  special  fire  company or department,
  provided,  however,  that  no  such  service  award  program  shall   be
  established  unless each and every political subdivision which contracts
  to receive fire protection services from the  special  fire  company  or
  department joins in establishing the program.
    2. A service award program for the volunteer firefighters of a special
  fire company or department shall be jointly established by the political
  subdivisions  which  contract  to  receive fire protection services from
  such fire company or department only if:
    (a) the governing board of each and every such  political  subdivision
  approves  an  agreement to jointly sponsor the program by an affirmative
  vote of at least sixty percent of the governing board; and
    (b) the eligible voters of each and every such  political  subdivision
  separately approve a proposition authorizing their political subdivision
  to jointly sponsor the program.
    3.  An  agreement  between  or among political subdivisions to jointly
  sponsor a service award program for a special fire company or department
  may contain any provision  which  could  be  included  in  an  agreement
  entered  into  pursuant  to  article  five-G  of  this chapter and shall
  contain provisions specifying the following:
    (a) the manner in  which  the  several  political  subdivisions  shall
  exercise  and  perform the powers and duties that are conferred by other
  sections of this article on the governing board of  a  single  political
  subdivision  that  individually establishes and sponsors a service award
  program;
    (b) the effect of the addition  of  other  political  subdivisions  as
  parties to the agreement;
    (c)  the  effect  of the withdrawal of political subdivisions from the
  agreement;
    (d) the entitlement age under the program;
    (e) the age and length of service requirements to participate  in  the
  service award program;
    (f)  the  number of years of firefighting service required to obtain a
  nonforfeitable right to a service award;
    (g) the activities for which points will be granted toward a  year  of
  firefighting service;
    (h)  the  extent  to  which  the  program provides credit for years of
  firefighting service rendered during one or more of  the  five  calendar
  years immediately preceding the establishment of the program;
    (i) in the case of a defined contribution plan,
    (i)  the  amount  of  the  contribution  to  be made on behalf of each
  participant credited with a year of firefighting service, and
    (ii) the amount of any additional disability or death benefit;
    (j) in the case of a defined benefit plan,
    (i) the amount of the monthly payment to be made to  each  participant
  for each year of firefighting service credited to the participant, and
    (ii)  if  the  plan is to provide for payment of benefits prior to the
  tenth anniversary of the establishment of the plan, the  date  on  which
  the plan is to provide for the payment of benefits;
    (k)  the  date as of which the service award program shall take effect
  which shall be either the first day of January next succeeding the  date
  of  the  last  voter  approval  required to establish the program or, if
  sufficient funds are or will be available to each political  subdivision
  to  fund  the program, the first day of January next preceding such last
  voter approval; and
    (l)  any  other provisions as may be necessary for the implementation,
  operation, administration and funding of the program.
    4. A  proposition  authorizing  a  political  subdivision  to  jointly
  sponsor  a  service  award  program  for the volunteer firefighters of a
  special fire company or department shall be submitted to referendum  not
  less  than thirty days and not more than ninety days after the governing
  board votes to approve the agreement to  jointly  sponsor  the  program.
  Notice of the referendum shall be published at least once, not less than
  fourteen  days  prior  to  the  date  of the referendum, in the official
  newspaper of the political subdivision or, if the political  subdivision
  does  not  have  an official newspaper, in one or more newspapers having
  general circulation in the political subdivision. The  referendum  shall
  be conducted in the same manner as other referenda held by the political
  subdivision  and  the  cost  thereof  shall  be charged to the political
  subdivision.
    5. A  proposition  authorizing  a  political  subdivision  to  jointly
  sponsor  a  service  award  program  for the volunteer firefighters of a
  special fire company or department shall state:
    (a) whether the service award program to be established is  a  defined
  contribution plan or a defined benefit plan;
    (b)  the estimated annual cost of the service award program, including
  the estimated annual administration fee, and the estimated  annual  cost
  per  participant,  for  all  the political subdivisions establishing the
  program and for the political subdivision submitting the proposition  to
  referendum;
    (c)  the  extent  to  which  the  program provides credit for years of
  firefighting service rendered during one or more of  the  five  calendar
  years immediately preceding the establishment of the program;
    (d)  in  the  case  of  a defined contribution plan, the amount of any
  additional disability or death benefit; and
    (e) in the case of a defined benefit plan,
    (i) the projected monthly award to be paid to participants, and
    (ii) if the plan is to provide for the payment of  benefits  prior  to
  the  tenth  anniversary  of  the  establishment of the plan, the date on
  which payment of benefits shall begin.
    6. Upon the last  voter  approval  required  to  jointly  establish  a
  service  award  program for the volunteer firefighters of a special fire
  company or department, the agreement  to  jointly  sponsor  the  service
  award program shall take effect and the program shall take effect as set
  forth in the agreement.
    7.  Within  thirty  days  after  the  last  voter approval required to
  jointly establish a service award program for the volunteer firefighters
  of a special fire company or department, the  governing  boards  of  the
  political  subdivisions  which  established the program shall notify the
  state comptroller of the adoption  of  the  service  award  program  and
  whether  such  service award program will be a defined contribution plan
  or a defined benefit plan.
    8. Within sixty days after the last voter approval required to jointly
  establish a service award program for the volunteer  firefighters  of  a
  special  fire  company  or  department,  the  governing  boards  of  the
  political subdivisions which established the program shall jointly adopt
  a program document. The program document shall be  consistent  with  the
  provisions  of  this  article  and  the agreement to jointly sponsor the
  service award program, as amended, and shall set forth  the  obligations
  and  rights of the sponsors, the special fire company or department, and
  the volunteer firefighters for whom  the  program  is  established,  and
  establish  standards  and  procedures  for  the  administration  of  the
  program.
    9.  Except as otherwise provided in this subdivision, any provision of
  an agreement  to  jointly  sponsor  a  service  award  program  for  the
  volunteer  firefighters  of  a special fire company or department may be
  amended upon the affirmative vote of  at  least  sixty  percent  of  the
  governing  board  of  each political subdivision which is a party to the
  agreement without  referendum.  Amendments  to  the  provisions  of  the
  agreement  required  by paragraphs (h), (i) and (j) of subdivision three
  of this section shall only be made upon the affirmative vote of at least
  sixty percent of the governing board of each such political subdivision,
  subject to a mandatory referendum of the  eligible  voters  within  each
  such political subdivision.
    10.  In  the event that the governing board of a political subdivision
  which is a party to an agreement to  jointly  sponsor  a  service  award
  program  for  the  volunteer  firefighters  of a special fire company or
  department ceases to contract to receive fire protection  services  from
  the  special fire company or department, the political subdivision shall
  cease to be a sponsor of the service award program and shall  be  deemed
  to have withdrawn from the agreement in accordance with the terms of the
  agreement without further action by the governing board or voters of any
  political subdivision.
    11.  A  service  award  program  for  the  volunteer firefighters of a
  special  fire  company  or  department  shall  remain  in  effect  until
  terminated  by  the  political  subdivisions  which  are  parties to the
  agreement to jointly sponsor the  program.  The  service  award  program
  shall be terminated only if:
    (a)  the  governing board of each and every such political subdivision
  approves a resolution to terminate the program by an affirmative vote of
  at least sixty percent of the governing board; and
    (b) the eligible voters of each and every such  political  subdivision
  separately approve a proposition to terminate the program.

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