§ 216-B — Continuation of service award programs

§ 216-b. Continuation of service award programs. 1. (a) In the event\nthat a town establishes a service award program for the volunteer\nfirefighters of a fire company located within a fire protection district\nand, subsequently, the fire protection district is dissolved and the\nentire area thereof is included in or added to a fire district\nestablished pursuant to article eleven of the town law, and the fire\ndistrict neither has established a service award program nor includes\nthe area of any other jurisdiction which has established a service award\nprogram, the service award program established by the town shall be\ncontinued as provided in this subdivision.\n (b) Except as otherwise provided in this subdivision, as of the date\nof completion of the proceedings described in paragraph (a) of this\nsubdivision or, in the case of a newly established fire district, as of\nthe date of the first organization meeting of the board of fire\ncommissioners, the town shall have no further responsibility for\nadministering or funding the service award program and the fire district\nshall assume responsibility for those functions. As of that date, the\nfire district shall succeed the town as the sponsor of the service award\nprogram and the board of fire commissioners shall exercise and perform\nall of the powers and duties of the sponsor of the program under this\narticle and under any agreements or contracts entered into by the town\npursuant thereto in furtherance of its powers and duties as sponsor of\nthe program, including but not limited to the program trust agreement\nand any contracts relating to the custody, control, investment, or\ndisbursement of program assets. The fire district shall be responsible\nfor funding any unfunded liability of the sponsor of the program\nexisting as of the date the fire district succeeds the town as sponsor\nof the program.\n (c) Upon the fire district's succeeding the town as sponsor of the\nservice award program, the town shall retain responsibility for\nadministering the assets of the program until discharged from such\nresponsibility as provided in this subdivision. Except for those records\nrequired for the continued administration of program assets, the town\nshall turn over immediately to the fire district all records maintained\nby the town as sponsor of the program.\n (d) Within sixty days after the date on which the fire district\nsucceeds the town as sponsor of the service award program, the board of\nfire commissioners of the fire district shall develop a plan for the\ncontinued administration of program assets. Subject to the provisions of\nthe program trust agreement and any contracts entered into by the town\nin furtherance of its powers and duties as sponsor of the program, such\nplan may provide for the custody, control, transfer, investment, or\ndisbursement of program assets. Such plan, however, shall provide for\nthe replacement of any individual serving in his or her official\ncapacity as a town officer or employee as trustee or in any other\nposition involving the administration of program assets. In developing\nsuch plan, the board of fire commissioners may request from the town\ninformation concerning the town's administration of program assets, and\nthe town shall provide promptly such information as the board may\nreasonably request. Upon completion of the plan, the board of fire\ncommissioners shall submit to the supervisor of the town a copy of the\nplan and a list of actions required to be taken by the town for\nimplementation of the plan, including but not limited to execution of\ndocuments and the transfer of assets. Immediately after receiving such\nplan and list, the supervisor shall cause the actions on the list to be\ntaken. Upon completion of the actions on the list and submission to the\nboard of fire commissioners of all town records relating to the\nadministration of program assets, the town shall be discharged from any\nfurther responsibility for administering the assets of the program. In\nthe event that the board of fire commissioners fails to submit to the\nsupervisor such plan and list within sixty days after the date on which\nthe fire district succeeds the town as sponsor of the program, the\nsupervisor may submit to the board of fire commissioners all town\nrecords relating to the administration of program assets, and upon such\nsubmission the town shall be discharged from any further responsibility\nfor administering the assets of the program, and the board of fire\ncommissioners shall assume responsibility for administering the assets\nof the program.\n (e) The participants in the service award program as of the date that\nthe fire district succeeds the town as sponsor of the program shall\nretain all point totals, service credit, contributions, and benefits\nearned prior to that date, irrespective of whether or not a participant\nhas acquired a nonforfeitable right to a percentage of a service award\non or before such date; provided, however, that nothing in this\nsubdivision shall be construed as modifying or eliminating any\nrequirement that a participant obtain a nonforfeitable right to a\npercentage of a service award in accordance with the provisions of the\nprogram. Any other active volunteer firefighters of the fire district\nfire department shall be eligible to participate in the service award\nprogram. Such active volunteer firefighters shall earn credit for years\nof firefighting service commencing with the calendar year in which the\nfire district succeeds the town as sponsor of the program, based on\nactivities performed on or after the date that the fire district\nsucceeds the town as sponsor.\n (f) Except as provided in this subdivision, the service award program\nshall continue to be governed by the provisions of this article.\n 2. (a) In the event that either a town establishes a service award\nprogram for the volunteer firefighters of a fire company located within\na fire protection district or a village establishes a service award\nprogram for the volunteer firefighters of the village fire department or\na fire district establishes a service award program for the volunteer\nfirefighters of the fire district fire department and, subsequently, the\nentire area of the fire protection district, village, or fire district\nis included in or added to a joint fire district established pursuant to\narticle eleven-A of the town law and article twenty-two-A of the village\nlaw, and the joint fire district neither has established a service award\nprogram nor includes the area of any other jurisdiction which has\nestablished a service award program, the service award program\nestablished by the town, village, or fire district shall be continued as\nprovided in this subdivision.\n (b) Except as otherwise provided in this subdivision, as of the date\nof completion of the proceedings described in paragraph (a) of this\nsubdivision or, in the case of a newly established joint fire district,\nas of the date of the first organization meeting of the board of fire\ncommissioners of the joint fire district, the town, village, or fire\ndistrict which established the service award program shall have no\nfurther responsibility for administering or funding the program and the\njoint fire district shall assume responsibility for those functions. As\nof that date, the joint fire district shall succeed the town, village,\nor fire district as the sponsor of the service award program, and the\nboard of fire commissioners of the joint fire district shall exercise\nand perform all of the powers and duties of the sponsor of the program\nunder this article and under any agreements entered into by the town,\nvillage, or fire district pursuant thereto in furtherance of its powers\nand duties as sponsor of the program, including but not limited to the\nprogram trust agreement and any contracts relating to the custody,\ncontrol, investment, or disbursement of program assets. The joint fire\ndistrict shall be responsible for funding any unfunded liability of the\nsponsor of the program existing as of the date that the joint fire\ndistrict succeeds the town, village, or fire district as sponsor of the\nprogram.\n (c) Upon the joint fire district's succeeding the town, village, or\nfire district which established the service award program as sponsor of\nthe program, the town, village, or fire district shall retain\nresponsibility for administering the assets of the program until\ndischarged from such responsibility as provided in this subdivision.\nExcept for those records required for the continued administration of\nprogram assets, the town, village, or fire district shall turn over\nimmediately to the joint fire district all records it maintained as\nsponsor of the program.\n (d) Within sixty days after the date on which the joint fire district\nsucceeds the town, village, or fire district which established the\nservice award program as sponsor of the program, the board of fire\ncommissioners of the joint fire district shall develop a plan for the\ncontinued administration of program assets. Subject to the provisions of\nthe program trust agreement and any contracts entered into by the town,\nvillage, or fire district in furtherance of its powers and duties as\nsponsor of the program, such plan may provide for the custody, control,\ntransfer, investment, or disbursement of program assets. Such plan,\nhowever, shall provide for the replacement of any individual serving in\nhis or her official capacity as a town, village, or fire district\nofficer or employee as trustee or in any other position involving the\nadministration of program assets. In developing such plan, the board of\nfire commissioners may request from the town, village, or fire district\ninformation concerning the town, village, or fire district's\nadministration of program assets, and the town, village, or fire\ndistrict shall provide promptly such information as the board may\nreasonably request. Upon completion of the plan, the board of fire\ncommissioners shall submit to the supervisor of the town, the mayor of\nthe village, or the chairperson of the board of fire commissioners of\nthe fire district a copy of the plan and a list of actions required to\nbe taken by the town, village, or fire district for implementation of\nthe plan, including but not limited to execution of documents and the\ntransfer of assets. Immediately after receiving such plan and list, the\nsupervisor, mayor, or chairperson of the board of fire commissioners\nshall cause the actions on the list to be taken. Upon completion of the\nactions on the list and submission to the board of fire commissioners of\nthe joint fire district of all town, village, or fire district records\nrelating to the administration of program assets, the town, village, or\nfire district shall be discharged from any further responsibility for\nadministrating the assets of the program. In the event that the board of\nfire commissioners of the joint fire district fails to submit such plan\nand list within sixty days after the date on which the joint fire\ndistrict succeeds the town, village, or fire district as sponsor of the\nprogram, the supervisor, mayor, or chairperson of the board of fire\ncommissioners may submit to the board of fire commissioners of the joint\nfire district all town, village, or fire district records relating to\nthe administration of program assets and upon such submission the town,\nvillage, or fire district shall be discharged from any further\nresponsibility for administering the assets of the program, and the\nboard of fire commissioners of the joint fire district shall assume\nresponsibility for administering the assets of the program.\n (e) The participants in the service award program as of the date that\nthe joint fire district succeeds the town, village or fire district\nwhich established the service award program as sponsor of the program\nshall maintain all point totals, service credit, contributions, and\nbenefits earned prior to that date, irrespective of whether or not a\nparticipant has acquired a nonforfeitable right to a percentage of a\nservice award on or before such date; provided, however, that nothing in\nthis subdivision shall be construed as modifying or eliminating any\nrequirement that a participant obtain a nonforfeitable right to a\npercentage of a service award in accordance with the provisions of the\nprogram. Any other active volunteer firefighters of the joint fire\ndistrict fire department shall be eligible to participate in the service\naward program. Such active volunteer firefighters shall earn credit for\nyears of firefighting service commencing with the calendar year in which\nsuch proceedings are completed, based on activities performed on or\nafter the date of completion of such proceedings.\n (f) Except as provided in this subdivision, the service award program\nshall continue to be governed by the provisions of this article.\n