2006 New York Code - Participation, Vesting And Service Credit.

 
    §  219-e.  Participation, vesting and service credit.  1.  A volunteer
  ambulance worker must be eligible to participate in  any  service  award
  program  provided  under  this article if the volunteer ambulance worker
  has reached the age of eighteen and has completed at least one  year  of
  ambulance service.
    2.  A participant shall have a nonforfeitable right to a service award
  upon completing five years of ambulance service, provided, however, that
  a sponsor may reduce the number of years of ambulance  service  required
  to  obtain  a  nonforfeitable  right  to  a  service  award. Any amounts
  attributable to forfeiture of a participant's  service  award  shall  be
  used   to   reduce   contributions   for  other  service  award  program
  participants and shall not in any case be used to increase benefits  for
  other  participants.    The  preceding shall not preclude amendment of a
  service award program to provide for an increase in benefits.
    3. A year of ambulance service shall be credited under a service award
  program for each calendar year, beginning with the  year  in  which  the
  program is adopted, in which a volunteer ambulance worker accumulates at
  least  fifty  points.    Except  as provided in subdivision five of this
  section and subdivision eight of section two hundred nineteen-d of  this
  article,  points  shall  be  granted  for activities performed after the
  effective date of the program in accordance with a system adopted by the
  sponsor which shall be applied on a consistent and uniform  basis.  Such
  system  shall  provide  that  points  shall  be  granted  for activities
  designated by the sponsor, which activities shall be selected  from  the
  following:
    (a) Training courses -- twenty-five points maximum.
    (i)  Courses under twenty hours duration -- one point per hour, with a
  maximum of five points.
    (ii) Courses of twenty to forty-five hours duration -- one  point  per
  hour  for  each  hour  over  initial twenty hours, with a maximum of ten
  points.
    (iii) Courses over forty-five hours duration  --  fifteen  points  per
  course.
  For  purposes of this paragraph, the term "training course" shall mean a
  course of instruction having a prescribed topic and  syllabus.    Points
  for  a  training  course  shall  be  awarded  only  upon  the successful
  completion of the course and only in the year in  which  the  course  is
  successfully completed.
    (b)  Drills  and  seminars  --  twenty points maximum.   One point per
  minimum two hour drill or seminar.  For purposes of this paragraph,  the
  term  "drill"  shall  mean  a skills practice or skills training session
  related to emergency medical service and the term "seminar" shall mean a
  lecture on a topic relating to the emergency medical service.
    (c)  Sleep-in or stand-by -- twenty points maximum.
    (i)  Sleep-in -- one point each full night.
    (ii)  Stand-by -- one point each.  A stand-by is defined  as  line  of
  duty  activity  of  the  volunteer  ambulance  company, lasting for four
  hours, not falling under one of the other categories.   A service  award
  program may not provide points pursuant to this paragraph if the program
  provides  points  for  tours  of  duty pursuant to paragraph (d) of this
  subdivision.
    (d) Tours of duty.    A maximum of twenty points may  be  granted  for
  serving  tours  of  duty  at a rate equal to no more than one-sixth of a
  point per hour served as determined by the sponsor.    For  purposes  of
  this  paragraph,  the  term  "tour  of  duty"  shall mean a line of duty
  activity, not  falling  under  one  of  the  other  paragraphs  of  this
  subdivision,  involving  a  period  of  time scheduled or assigned by an
  ambulance  company  during  which  a  volunteer  ambulance   worker   is
  responsible for providing emergency medical service or general ambulance
  service,  including  sleep-ins,  stand-bys and backup duty, by reason of
  being stationed at an event, as part of  a  rostered  duty  crew  or  as
  otherwise  provided  by the regular procedures of the ambulance company.
  A sponsor may also define two or more  activities  included  within  the
  meaning  of  the  term tour of duty and provide for points to be granted
  for the performance of such activities  at  different  rates,  provided,
  that points for such activities shall not be granted at a rate in excess
  of  one-sixth  of a point per hour served and no more than twenty points
  shall be granted for all such activities.  A service award  program  may
  not  provide  points  pursuant to this paragraph if the program provides
  points for sleep-ins or stand-bys pursuant  to  paragraph  (c)  of  this
  subdivision.
    (e) Elected or appointed position -- twenty-five points maximum.
    (i) Completion of one year term in an elected or appointed position.
    (ii) A volunteer ambulance worker elected to serve as a delegate to an
  ambulance  workers'  convention  shall  also  be eligible to receive one
  point per meeting.
    (iii) A volunteer ambulance worker appointed to serve on the New  York
  state  emergency  medical  services council, the state emergency medical
  advisory committee, a regional emergency medical services council  or  a
  regional  emergency  medical advisory committee, established pursuant to
  article thirty of the public  health  law  shall  also  be  eligible  to
  receive one point per meeting.
    (f) Attendance at meetings -- twenty points maximum.
    (i)    Attendance at any official meetings of the ambulance company --
  one point per meeting.
    (ii) Attendance at official meetings of a standing  committee  of  the
  ambulance company by a member of the committee -- one point per meeting.
    (g) Participation in ambulance company responses -- twenty-five points
  for responding on the minimum number of calls, as outlined below:
 
  Total number of calls         0         500       1000      1500
  ambulance company responds    to        to        to        and
  to annually                   500       1000      1500      over
 
  Minimum  number of calls      10%       7.5%      5%        2.5%
  volunteer
  ambulance worker
  must run annually in order to
  receive twenty-five points credit
 
    A  volunteer  ambulance  worker who is granted points toward a year of
  ambulance service pursuant to this paragraph may not be  granted  points
  toward  the same year of ambulance service for alternative participation
  company responses pursuant to paragraph (h) of this subdivision.
    (h) Alternative participation in company  responses.    A  maximum  of
  twenty-five points may be granted for participation in company responses
  at  a  rate  equal  to  no  more  than  one-half  point  per response as
  determined by the sponsor. A volunteer ambulance worker who  is  granted
  points toward a year of ambulance service pursuant to this paragraph may
  not  be  granted  points  toward  the same year of ambulance service for
  participation in company responses pursuant to  paragraph  (g)  of  this
  subdivision.
    (i)  Miscellaneous activities -- maximum fifteen points. Participation
  in inspections and other activities covered by the  volunteer  ambulance
  workers' benefit law and not otherwise listed -- one point per activity.
    (j)  The  sponsor may designate less than all the activities specified
  in this subdivision as activities for which points may be earned.
    4.  Points  toward  a  year  of  ambulance  service may be granted for
  activities performed after a participant reaches  entitlement  age,  but
  shall  not  be  granted  for  activities  performed  after a participant
  applies for a service award.
    5. A service award program which is to take effect on a day other than
  the first day of January may provide for points to be granted  toward  a
  year  of  ambulance  service  for  activities  performed  prior  to  the
  effective date of the program and on or after the immediately  preceding
  first  day of January, provided, the proposition authorizing adoption of
  the program contains a statement authorizing points to  be  granted  for
  such  activities.    Points  attributable  to  such  activities shall be
  granted in accordance with the  point  system  adopted  by  the  sponsor
  pursuant to subdivision three of this section.
    6.  In computing credit for those volunteer ambulance workers who also
  serve as paid employees within a political  subdivision  of  the  state,
  credit   shall   not  be  given  for  activities  performed  during  the
  individual's regularly assigned work periods.
    7. A participant whose ambulance service is interrupted  by  full-time
  extended obligatory military service or by a single voluntary enlistment
  not  to exceed four years in the armed forces of the United States shall
  be considered on military leave. During such period of  military  leave,
  the  participant  shall  receive  fifty  points  for  each  full year of
  military service, prorated for military service of less than a year.
    7-a. An active volunteer ambulance worker's service award program  may
  provide for the crediting of years of and points for volunteer ambulance
  service  for  periods  after  an  active  volunteer ambulance worker has
  reached the entitlement age and is receiving a service award.
    8.  The  state  comptroller  may  promulgate  rules  and   regulations
  prescribing  procedures and forms for the compilation and maintenance of
  records of the points accumulated by each  volunteer  ambulance  worker.
  Each  ambulance  company  shall compile and maintain such records in the
  manner prescribed.
    9.  The president, secretary and chief or comparable officers of  each
  ambulance  company  shall submit to the governing board of the sponsor a
  list of  all  volunteer  members,  certified  under  oath,  which  shall
  identify those volunteer members who have qualified for credit under the
  award  program  for  the  previous  year.   Such list shall be submitted
  annually by March thirty-first or otherwise as provided in the rules and
  regulations of the state comptroller and shall be  accompanied  by  such
  membership  records  and records of point accumulations as the governing
  board  may  require  to  substantiate  the   accuracy   of   the   list.
  Notwithstanding the provisions of this subdivision a volunteer ambulance
  worker  may  request  that  his  name  be  deleted  from  said list as a
  "participant".  Such request for deletion shall be in writing and  shall
  remain effective until withdrawn in the same manner.
    10.  The  governing board of the sponsor shall review the list of each
  ambulance company and may delete the name of any person who  was  not  a
  volunteer  ambulance  worker  during  the preceding calendar year or the
  name of any volunteer ambulance worker who did  not  earn  fifty  points
  during  the  preceding calendar year or whose point accumulation has not
  been adequately documented.    Thereafter,  the  governing  board  shall
  approve  the list and return a copy of the list to the ambulance company
  and forward a certified  copy  of  the  approved  list  to  the  program
  administrator.
    11.    Upon  receipt of the approved list, the ambulance company shall
  post the list at its principal headquarters for at least thirty days.  A
  volunteer ambulance worker whose name does not appear  on  the  approved
  list shall have the right to appeal within thirty days of posting of the
  list.    The  appeal  shall  be  in  writing  and mailed to the clerk or
  secretary of the governing board of the sponsor, which shall investigate
  the  appeal.    The  decision of the governing board shall be subject to
  judicial review  pursuant to article seventy-eight of the civil practice
  law and rules.