N.Y. General Municipal Law § 216-a: 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 to be administered by the political

subdivision or the state of New York.

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) whether the service award program is to be administered by the

political subdivision or the state of New York; and

(m) 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) whether the service award program is to be administered by the

political subdivision or the state of New York;

(c) 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;

(d) 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;

(e) in the case of a defined contribution plan, the amount of any

additional disability or death benefit; and

(f) 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, and whether the plan will be administered by

the political subdivision or the state of New York.

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

provided, however, that in the case of a state-administered program the

procedures for administration shall be consistent with the rules and

regulations governing the state 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.