N.Y. General Municipal Law § 219-k: Definitions

§ 219-k. Definitions. As used in this article:

1. "Ambulance company" shall mean a municipal ambulance service or a

voluntary ambulance service, but shall not include an ambulance service

organized pursuant to section two hundred nine-b of this chapter.

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

provides to a participant 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, expense, gains or

losses or forfeitures of other participants under the program.

3. "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.

4. "Fiduciary" means any person, including an administrative service

agency and a financial organization, exercising discretionary authority

or control with respect to the administration of a service award program

or the custody, management or disposition of program assets, or any

person who renders advice to the program for a fee.

5. "Fund" means the volunteer ambulance defined benefit service award

fund created pursuant to this article.

6. "Municipal ambulance service" means an ambulance service as defined

in subdivision two of section three thousand one of the public health

law operated by a municipal corporation or agency thereof, or by an

ambulance district, and staffed in whole or in part by volunteer

ambulance workers.

7. "Nonforfeitable" means the unconditional and legally enforceable

right to receive a service award.

8. "Participant" means a volunteer ambulance worker who satisfies the

age and service requirements of subdivision one of section two hundred

nineteen-m of this article.

9. "Political subdivision" means a county, city, town, village,

ambulance district, or fire protection district which contracts with an

ambulance service which is not organized pursuant to section two hundred

nine-b of this chapter.

10. "Service award" means the benefit payable pursuant to a service

award program.

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

established, adopted and maintained under this article to provide

service awards for volunteer ambulance workers.

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

subdivision which adopts a service award program.

13. "Voluntary ambulance service" means an ambulance service as

defined in subdivision two of section three thousand one of the public

health law (a) operating not for pecuniary profit or financial gain, and

(b) no part of the assets or income of which is distributable to, or

enures to the benefit of its members, directors or officers except to

the extent permitted under article thirty of the public health law.

14. "Volunteer ambulance worker" means an active volunteer member of

an ambulance company as specified on a list regularly maintained by the

company for purposes of the volunteer ambulance workers' benefit law.

15. "Year of ambulance service" means a calendar year during which a

volunteer ambulance worker accumulates at least fifty points in

accordance with the system established pursuant to subdivision three of

section two hundred nineteen-m of this article.

16. "Elected or appointed position" means the directors, president,

vice president, treasurer, secretary, other corporate officers and line

officers of an ambulance company.

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

comptroller, or an administrative service agency or financial

organization selected by the state comptroller to administer service

award programs.

18. "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.

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

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

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

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

department of financial services; (c) chartered by an agency of the

federal government; or (d) subject to the jurisdiction and regulation of

the securities and exchange commission of the federal government.