§ 216-A — Authorization to establish service award programs for special fire companies and departments

§ 216-a. Authorization to establish service award programs for special\nfire companies and departments. 1. The political subdivisions which\ncontract to receive fire protection services from a special fire company\nor department may jointly establish a service award program for the\nvolunteer firefighters of such special fire company or department,\nprovided, however, that no such service award program shall be\nestablished unless each and every political subdivision which contracts\nto receive fire protection services from the special fire company or\ndepartment joins in establishing the program.\n 2. A service award program for the volunteer firefighters of a special\nfire company or department shall be jointly established by the political\nsubdivisions which contract to receive fire protection services from\nsuch fire company or department only if:\n (a) the governing board of each and every such political subdivision\napproves an agreement to jointly sponsor the program by an affirmative\nvote of at least sixty percent of the governing board; and\n (b) the eligible voters of each and every such political subdivision\nseparately approve a proposition authorizing their political subdivision\nto jointly sponsor the program to be administered by the political\nsubdivision or the state of New York.\n 3. An agreement between or among political subdivisions to jointly\nsponsor a service award program for a special fire company or department\nmay contain any provision which could be included in an agreement\nentered into pursuant to article five-G of this chapter and shall\ncontain provisions specifying the following:\n (a) the manner in which the several political subdivisions shall\nexercise and perform the powers and duties that are conferred by other\nsections of this article on the governing board of a single political\nsubdivision that individually establishes and sponsors a service award\nprogram;\n (b) the effect of the addition of other political subdivisions as\nparties to the agreement;\n (c) the effect of the withdrawal of political subdivisions from the\nagreement;\n (d) the entitlement age under the program;\n (e) the age and length of service requirements to participate in the\nservice award program;\n (f) the number of years of firefighting service required to obtain a\nnonforfeitable right to a service award;\n (g) the activities for which points will be granted toward a year of\nfirefighting service;\n (h) the extent to which the program provides credit for years of\nfirefighting service rendered during one or more of the five calendar\nyears immediately preceding the establishment of the program;\n (i) in the case of a defined contribution plan,\n (i) the amount of the contribution to be made on behalf of each\nparticipant credited with a year of firefighting service, and\n (ii) the amount of any additional disability or death benefit;\n (j) in the case of a defined benefit plan,\n (i) the amount of the monthly payment to be made to each participant\nfor each year of firefighting service credited to the participant, and\n (ii) if the plan is to provide for payment of benefits prior to the\ntenth anniversary of the establishment of the plan, the date on which\nthe plan is to provide for the payment of benefits;\n (k) the date as of which the service award program shall take effect\nwhich shall be either the first day of January next succeeding the date\nof the last voter approval required to establish the program or, if\nsufficient funds are or will be available to each political subdivision\nto fund the program, the first day of January next preceding such last\nvoter approval; and\n (l) whether the service award program is to be administered by the\npolitical subdivision or the state of New York; and\n (m) any other provisions as may be necessary for the implementation,\noperation, administration and funding of the program.\n 4. A proposition authorizing a political subdivision to jointly\nsponsor a service award program for the volunteer firefighters of a\nspecial fire company or department shall be submitted to referendum not\nless than thirty days and not more than ninety days after the governing\nboard votes to approve the agreement to jointly sponsor the program.\nNotice of the referendum shall be published at least once, not less than\nfourteen days prior to the date of the referendum, in the official\nnewspaper of the political subdivision or, if the political subdivision\ndoes not have an official newspaper, in one or more newspapers having\ngeneral circulation in the political subdivision. The referendum shall\nbe conducted in the same manner as other referenda held by the political\nsubdivision and the cost thereof shall be charged to the political\nsubdivision.\n 5. A proposition authorizing a political subdivision to jointly\nsponsor a service award program for the volunteer firefighters of a\nspecial fire company or department shall state:\n (a) whether the service award program to be established is a defined\ncontribution plan or a defined benefit plan;\n (b) whether the service award program is to be administered by the\npolitical subdivision or the state of New York;\n (c) the estimated annual cost of the service award program, including\nthe estimated annual administration fee, and the estimated annual cost\nper participant, for all the political subdivisions establishing the\nprogram and for the political subdivision submitting the proposition to\nreferendum;\n (d) the extent to which the program provides credit for years of\nfirefighting service rendered during one or more of the five calendar\nyears immediately preceding the establishment of the program;\n (e) in the case of a defined contribution plan, the amount of any\nadditional disability or death benefit; and\n (f) in the case of a defined benefit plan,\n (i) the projected monthly award to be paid to participants, and\n (ii) if the plan is to provide for the payment of benefits prior to\nthe tenth anniversary of the establishment of the plan, the date on\nwhich payment of benefits shall begin.\n 6. Upon the last voter approval required to jointly establish a\nservice award program for the volunteer firefighters of a special fire\ncompany or department, the agreement to jointly sponsor the service\naward program shall take effect and the program shall take effect as set\nforth in the agreement.\n 7. Within thirty days after the last voter approval required to\njointly establish a service award program for the volunteer firefighters\nof a special fire company or department, the governing boards of the\npolitical subdivisions which established the program shall notify the\nstate comptroller of the adoption of the service award program and\nwhether such service award program will be a defined contribution plan\nor a defined benefit plan, and whether the plan will be administered by\nthe political subdivision or the state of New York.\n 8. Within sixty days after the last voter approval required to jointly\nestablish a service award program for the volunteer firefighters of a\nspecial fire company or department, the governing boards of the\npolitical subdivisions which established the program shall jointly adopt\na program document. The program document shall be consistent with the\nprovisions of this article and the agreement to jointly sponsor the\nservice award program, as amended, and shall set forth the obligations\nand rights of the sponsors, the special fire company or department, and\nthe volunteer firefighters for whom the program is established, and\nestablish standards and procedures for the administration of the program\nprovided, however, that in the case of a state-administered program the\nprocedures for administration shall be consistent with the rules and\nregulations governing the state program.\n 9. Except as otherwise provided in this subdivision, any provision of\nan agreement to jointly sponsor a service award program for the\nvolunteer firefighters of a special fire company or department may be\namended upon the affirmative vote of at least sixty percent of the\ngoverning board of each political subdivision which is a party to the\nagreement without referendum. Amendments to the provisions of the\nagreement required by paragraphs (h), (i) and (j) of subdivision three\nof this section shall only be made upon the affirmative vote of at least\nsixty percent of the governing board of each such political subdivision,\nsubject to a mandatory referendum of the eligible voters within each\nsuch political subdivision.\n 10. In the event that the governing board of a political subdivision\nwhich is a party to an agreement to jointly sponsor a service award\nprogram for the volunteer firefighters of a special fire company or\ndepartment ceases to contract to receive fire protection services from\nthe special fire company or department, the political subdivision shall\ncease to be a sponsor of the service award program and shall be deemed\nto have withdrawn from the agreement in accordance with the terms of the\nagreement without further action by the governing board or voters of any\npolitical subdivision.\n 11. A service award program for the volunteer firefighters of a\nspecial fire company or department shall remain in effect until\nterminated by the political subdivisions which are parties to the\nagreement to jointly sponsor the program. The service award program\nshall be terminated only if:\n (a) the governing board of each and every such political subdivision\napproves a resolution to terminate the program by an affirmative vote of\nat least sixty percent of the governing board; and\n (b) the eligible voters of each and every such political subdivision\nseparately approve a proposition to terminate the program.\n