N.Y. General Municipal Law § 215: Definitions

§ 215. Definitions. As used in this article:

1. "Active volunteer firefighter" means a person who has been approved

by the authorities in control of a duly organized volunteer fire company

or volunteer fire department as an active volunteer firefighter of such

fire company or department and who is faithfully and actually performing

service in the protection of life and property from fire or other

emergency, accident or calamity in connection with which the services of

such fire company or fire department are required.

2. "Defined benefit plan" means any service award program that

provides to eligible volunteer firefighters, a benefit that is

definitely determinable under the program without reference to the

amount contributed to the program on the participant's behalf or to any

income, expenses, gains or losses or forfeitures of other participants

under the program.

3. "Defined contribution plan" means any service award program that

provides to eligible volunteer firefighters a benefit as the result of

definite and determinable contributions under the program, and without

reference to any income, expense, gains or losses or forfeitures of

other participants under the program.

4. "Entitlement age" means the age designated by the sponsor at which

a program participant is entitled to begin receiving an unreduced

service award. In no event shall the entitlement age under a program be

earlier than age fifty-five nor later than the age at which the

participant can receive an unreduced benefit under Title II of the

Social Security Act (Public Law 74-271 U.S.C. 306 et seq.). No service

award program may provide for the payment of benefits (except in the

case of death or disability) before age fifty-five.

5. "Fiduciary" means any person who exercises discretionary authority

or control with respect to the administration of the program or the

management or disposition of program assets or who renders investment

advice for a fee to the program.

5-a. "Fire service area" means a portion of a village that receives

fire protection from a special fire department pursuant to a contract

with the governing board of the village when the cost of the contract is

charged to such area of the village.

6. "Nonforfeitable" means the unconditional and legally enforceable

right to receive benefits attributable to service as an active volunteer

firefighter under the program that will begin at the entitlement age

specified in the program.

7. "Participant" means an active volunteer firefighter who is eligible

for a benefit under a service award program.

7-a. "Political subdivision" means a county, city, town, town on

behalf of a fire protection district, village, village on behalf of fire

service area or fire district.

8. "Service award" means the benefit payable to a participant in a

service award program.

9. "Service award program" or "program" means a defined benefit plan

or defined contribution plan established or maintained under this

article to provide service awards for active volunteer firefighters,

pursuant to the benefit options specified by the sponsoring

organization.

9-a. "Special fire company or department" means a fire company or

department for which a service award program cannot be established

pursuant to subdivision one or two of section two hundred sixteen of

this article which provides fire protection services to two or more

political subdivisions under contracts with the governing boards

thereof.

10. "Sponsor" or "sponsoring organization" means a political

subdivision which has established or jointly established a service award

program, a volunteer fire company or department, or any other entity

responsible for fire protection.

11. "Year of firefighting service" means a twelve month period during

which an active volunteer firefighter participates in the fire service

and satisfies the minimum requirements of participation established by

the sponsoring organization maintaining the program which shall be

applied on a consistent and uniform basis, subject to the minimum

standards established by the sponsoring organization.

12. "Elected or appointed position" means line officers, department or

company officers and president, vice president, treasurer and secretary

of a fire company or department.

13. "Administrator" or "plan administrator" means the state

comptroller, or an administrative service agency or financial

organization selected by the state comptroller to perform all or a

portion of the functions required to administer service award programs.

14. "Administrative service agency" means an organization duly

authorized to do business in the state and which is qualified to

administer and maintain records and accounts of plans which meet the

requirements for qualification under the internal revenue code and

governmental plans.

15. "Financial organization" means an organization duly authorized to

do business in the state and which is (i) registered as an investment

adviser under the Investment Advisers Act of 1940, as such provisions

may be amended from time to time; (ii) licensed or chartered by the

state department of financial services; (iii) chartered by an agency of

the federal government; or (iv) subject to the jurisdiction and

regulation of the securities and exchange commission of the federal

government.