N.Y. General Municipal Law § 216-b: Continuation of service award programs

§ 216-b. Continuation of service award programs. 1. (a) In the event

that a town establishes a service award program for the volunteer

firefighters of a fire company located within a fire protection district

and, subsequently, the fire protection district is dissolved and the

entire area thereof is included in or added to a fire district

established pursuant to article eleven of the town law, and the fire

district neither has established a service award program nor includes

the area of any other jurisdiction which has established a service award

program, the service award program established by the town shall be

continued as provided in this subdivision.

(b) Except as otherwise provided in this subdivision, as of the date

of completion of the proceedings described in paragraph (a) of this

subdivision or, in the case of a newly established fire district, as of

the date of the first organization meeting of the board of fire

commissioners, the town shall have no further responsibility for

administering or funding the service award program and the fire district

shall assume responsibility for those functions. As of that date, the

fire district shall succeed the town as the sponsor of the service award

program and the board of fire commissioners shall exercise and perform

all of the powers and duties of the sponsor of the program under this

article and under any agreements or contracts entered into by the town

pursuant thereto in furtherance of its powers and duties as sponsor of

the program, including but not limited to the program trust agreement

and any contracts relating to the custody, control, investment, or

disbursement of program assets. The fire district shall be responsible

for funding any unfunded liability of the sponsor of the program

existing as of the date the fire district succeeds the town as sponsor

of the program.

(c) Upon the fire district's succeeding the town as sponsor of the

service award program, the town shall retain responsibility for

administering the assets of the program until discharged from such

responsibility as provided in this subdivision. Except for those records

required for the continued administration of program assets, the town

shall turn over immediately to the fire district all records maintained

by the town as sponsor of the program.

(d) Within sixty days after the date on which the fire district

succeeds the town as sponsor of the service award program, the board of

fire commissioners of the fire district shall develop a plan for the

continued administration of program assets. Subject to the provisions of

the program trust agreement and any contracts entered into by the town

in furtherance of its powers and duties as sponsor of the program, such

plan may provide for the custody, control, transfer, investment, or

disbursement of program assets. Such plan, however, shall provide for

the replacement of any individual serving in his or her official

capacity as a town officer or employee as trustee or in any other

position involving the administration of program assets. In developing

such plan, the board of fire commissioners may request from the town

information concerning the town's administration of program assets, and

the town shall provide promptly such information as the board may

reasonably request. Upon completion of the plan, the board of fire

commissioners shall submit to the supervisor of the town a copy of the

plan and a list of actions required to be taken by the town for

implementation of the plan, including but not limited to execution of

documents and the transfer of assets. Immediately after receiving such

plan and list, the supervisor shall cause the actions on the list to be

taken. Upon completion of the actions on the list and submission to the

board of fire commissioners of all town records relating to the

administration of program assets, the town shall be discharged from any

further responsibility for administering the assets of the program. In

the event that the board of fire commissioners fails to submit to the

supervisor such plan and list within sixty days after the date on which

the fire district succeeds the town as sponsor of the program, the

supervisor may submit to the board of fire commissioners all town

records relating to the administration of program assets, and upon such

submission the town shall be discharged from any further responsibility

for administering the assets of the program, and the board of fire

commissioners shall assume responsibility for administering the assets

of the program.

(e) The participants in the service award program as of the date that

the fire district succeeds the town as sponsor of the program shall

retain all point totals, service credit, contributions, and benefits

earned prior to that date, irrespective of whether or not a participant

has acquired a nonforfeitable right to a percentage of a service award

on or before such date; provided, however, that nothing in this

subdivision shall be construed as modifying or eliminating any

requirement that a participant obtain a nonforfeitable right to a

percentage of a service award in accordance with the provisions of the

program. Any other active volunteer firefighters of the fire district

fire department shall be eligible to participate in the service award

program. Such active volunteer firefighters shall earn credit for years

of firefighting service commencing with the calendar year in which the

fire district succeeds the town as sponsor of the program, based on

activities performed on or after the date that the fire district

succeeds the town as sponsor.

(f) Except as provided in this subdivision, the service award program

shall continue to be governed by the provisions of this article.

2. (a) In the event that either a town establishes a service award

program for the volunteer firefighters of a fire company located within

a fire protection district or a village establishes a service award

program for the volunteer firefighters of the village fire department or

a fire district establishes a service award program for the volunteer

firefighters of the fire district fire department and, subsequently, the

entire area of the fire protection district, village, or fire district

is included in or added to a joint fire district established pursuant to

article eleven-A of the town law and article twenty-two-A of the village

law, and the joint fire district neither has established a service award

program nor includes the area of any other jurisdiction which has

established a service award program, the service award program

established by the town, village, or fire district shall be continued as

provided in this subdivision.

(b) Except as otherwise provided in this subdivision, as of the date

of completion of the proceedings described in paragraph (a) of this

subdivision or, in the case of a newly established joint fire district,

as of the date of the first organization meeting of the board of fire

commissioners of the joint fire district, the town, village, or fire

district which established the service award program shall have no

further responsibility for administering or funding the program and the

joint fire district shall assume responsibility for those functions. As

of that date, the joint fire district shall succeed the town, village,

or fire district as the sponsor of the service award program, and the

board of fire commissioners of the joint fire district shall exercise

and perform all of the powers and duties of the sponsor of the program

under this article and under any agreements entered into by the town,

village, or fire district pursuant thereto in furtherance of its powers

and duties as sponsor of the program, including but not limited to the

program trust agreement and any contracts relating to the custody,

control, investment, or disbursement of program assets. The joint fire

district shall be responsible for funding any unfunded liability of the

sponsor of the program existing as of the date that the joint fire

district succeeds the town, village, or fire district as sponsor of the

program.

(c) Upon the joint fire district's succeeding the town, village, or

fire district which established the service award program as sponsor of

the program, the town, village, or fire district shall retain

responsibility for administering the assets of the program until

discharged from such responsibility as provided in this subdivision.

Except for those records required for the continued administration of

program assets, the town, village, or fire district shall turn over

immediately to the joint fire district all records it maintained as

sponsor of the program.

(d) Within sixty days after the date on which the joint fire district

succeeds the town, village, or fire district which established the

service award program as sponsor of the program, the board of fire

commissioners of the joint fire district shall develop a plan for the

continued administration of program assets. Subject to the provisions of

the program trust agreement and any contracts entered into by the town,

village, or fire district in furtherance of its powers and duties as

sponsor of the program, such plan may provide for the custody, control,

transfer, investment, or disbursement of program assets. Such plan,

however, shall provide for the replacement of any individual serving in

his or her official capacity as a town, village, or fire district

officer or employee as trustee or in any other position involving the

administration of program assets. In developing such plan, the board of

fire commissioners may request from the town, village, or fire district

information concerning the town, village, or fire district's

administration of program assets, and the town, village, or fire

district shall provide promptly such information as the board may

reasonably request. Upon completion of the plan, the board of fire

commissioners shall submit to the supervisor of the town, the mayor of

the village, or the chairperson of the board of fire commissioners of

the fire district a copy of the plan and a list of actions required to

be taken by the town, village, or fire district for implementation of

the plan, including but not limited to execution of documents and the

transfer of assets. Immediately after receiving such plan and list, the

supervisor, mayor, or chairperson of the board of fire commissioners

shall cause the actions on the list to be taken. Upon completion of the

actions on the list and submission to the board of fire commissioners of

the joint fire district of all town, village, or fire district records

relating to the administration of program assets, the town, village, or

fire district shall be discharged from any further responsibility for

administrating the assets of the program. In the event that the board of

fire commissioners of the joint fire district fails to submit such plan

and list within sixty days after the date on which the joint fire

district succeeds the town, village, or fire district as sponsor of the

program, the supervisor, mayor, or chairperson of the board of fire

commissioners may submit to the board of fire commissioners of the joint

fire district all town, village, or fire district records relating to

the administration of program assets and upon such submission the town,

village, or fire district shall be discharged from any further

responsibility for administering the assets of the program, and the

board of fire commissioners of the joint fire district shall assume

responsibility for administering the assets of the program.

(e) The participants in the service award program as of the date that

the joint fire district succeeds the town, village or fire district

which established the service award program as sponsor of the program

shall maintain all point totals, service credit, contributions, and

benefits earned prior to that date, irrespective of whether or not a

participant has acquired a nonforfeitable right to a percentage of a

service award on or before such date; provided, however, that nothing in

this subdivision shall be construed as modifying or eliminating any

requirement that a participant obtain a nonforfeitable right to a

percentage of a service award in accordance with the provisions of the

program. Any other active volunteer firefighters of the joint fire

district fire department shall be eligible to participate in the service

award program. Such active volunteer firefighters shall earn credit for

years of firefighting service commencing with the calendar year in which

such proceedings are completed, based on activities performed on or

after the date of completion of such proceedings.

(f) Except as provided in this subdivision, the service award program

shall continue to be governed by the provisions of this article.