§ 217 — General requirements of a service award program

§ 217. General requirements of a service award program. No volunteer\nfire department, volunteer fire company, fire district, fire protection\ndistrict, village, town or city, shall be required under this article to\nprovide service award benefits for its active volunteer firefighters.\nAny service awards provided to an active volunteer firefighter under\nthis article shall be governed by the provisions of section two hundred\neighteen in the case of defined contribution plans, section two hundred\nnineteen in the case of defined benefit plans and in either case by the\nprovisions of sections two hundred fourteen, two hundred fifteen, two\nhundred sixteen and two hundred nineteen-a of this article. No service\naward program may be provided under this article unless the following\nrequirements are met:\n (a) An active volunteer firefighter must be eligible to participate in\nany service award program provided under this article if the active\nvolunteer firefighter has reached the age of eighteen and has completed\nat least one year of firefighting service. The sponsor of the service\naward program may impose younger age or shorter length of service\nrequirements for participation in the service award program.\n (b) A participant shall have a nonforfeitable right to a percentage of\na service award that is not less than the percentage determined under\nthe following table:\n Years of Nonforfeitable\nFirefighting Service Percentage\nLess than 5 0\n5 or more 100\nNotwithstanding the preceding table, a participant shall have a one\nhundred percent nonforfeitable right to his service award upon his\nattainment of the entitlement age under the program. Each sponsor may\nestablish a percentage table that provides for a faster rate of becoming\nnonforfeitable. Any amounts attributable to forfeiture of a\nparticipant's service award shall be used to reduce contributions for\nother service award program participants and shall not in any case be\nused to increase benefits for other participants. The preceding shall\nnot preclude amendment of a service award program to provide for an\nincrease in benefits.\n (c) A year of firefighting service shall be credited under a service\naward program for each calendar year after establishment of the program\nin which an active volunteer firefighter accumulates at least fifty\npoints. Points shall be granted in accordance with a system adopted by\nthe program sponsor. Such system shall provide that points shall be\ngranted for activities designated by the program sponsor, which\nactivities shall be selected from the following:\n (i) Training courses -- twenty-five points maximum.\n (A) Courses under twenty hours duration -- one point per hour, with a\nmaximum of five points.\n (B) Courses of twenty to forty-five hours duration -- one point per\nhour for each hour over initial twenty hours, with a maximum of ten\npoints.\n (C) Courses over forty-five hours to one hundred hours duration --\nfifteen points per course.\n (D) Courses over one hundred hours duration -- twenty-five points per\ncourse.\n (ii) Drills -- twenty points maximum. One point per drill (minimum two\nhour drill).\n (iii) Sleep-in or stand-by -- twenty points maximum.\n (A) Sleep-in -- one point each full night.\n (B) Stand-by -- one point each. A stand-by is defined as line of duty\nactivity of the volunteer fire company, lasting for four hours, not\nfalling under one of the other categories.\n (iv) Elected or appointed position (see definition) -- twenty-five\npoints maximum.\n (A) Completion of one year term in an elected or appointed position.\nIf the term of office for a firefighter who has been elected or\nappointed to a position in a fire company or fire department commences\nduring the month of May, the participant shall receive credit for the\nfull year notwithstanding the fact that the participant has not\ncompleted one year in the elected or appointed position at the end of\nthe calendar year in which he or she was elected or appointed.\n (B) An active volunteer firefighter elected to serve as a delegate to\na firefighters' convention shall also be eligible to receive one point\nper meeting.\n (v) Attendance at meetings -- twenty points maximum.\n Attendance at any official meetings of the volunteer fire company --\none point per meeting.\n (vi) Participation in department responses -- twenty-five points for\nresponding on the minimum number of calls, as outlined below:\n (A) Total number of calls 0 500 1000 1500\nvolunteer fire company re- to to to and\nsponds to annually other 500 1000 1500 up\nthan emergency rescue and\nfirst aid squad calls (am-\nbulance calls)\nMinimum number of calls vol- 10% 7.5% 5% 2.5%\nunteer firefighter must run\nannually in order to receive\ntwenty-five points credit\n (B) Total number of calls 0 500 1000 1500\nemergency rescue and first to to to and\naid squad (ambulance) 500 1000 1500 up\nMinimum number of calls vol- 10% 7.5% 5% 2.5%\nunteer firefighter must run\nannually in order to receive\ntwenty-five points credit\n (vii) Miscellaneous activities -- maximum fifteen points.\nParticipation in inspections and other activities covered by the\nvolunteer firefighters' benefit law and not otherwise listed -- one\npoint per activity.\n (viii) In the event that any active volunteer firefighter is either\ntotally and temporarily disabled, or partially and permanently disabled,\nas certified by the workers' compensation board or other competent\nauthority approved by the sponsor of the service award program, and the\ndisability occurs during the course of service as a volunteer, while\nactively engaged in providing line of duty services, as defined in\nsubdivision one of section five of the volunteer firefighters' benefit\nlaw, the firefighter shall receive five points for each full month of\nsuch disability.\n (ix) Teaching fire prevention classes--five points maximum. An active\nvolunteer firefighter who at the direction of his company, district or\ndepartment, and for no remuneration, presents a public education class\non fire prevention to a school, not-for-profit corporation, or civic\norganization organized and existing under the laws of this state or\nauthorized to conduct activities in this state--one point per class.\n The program sponsor may designate less than all the activities\nspecified in this subdivision as activities for which points may be\nearned.\n (d) An active volunteer firefighter's service award program may\nprovide for the crediting of years of active firefighting service for\nperiods prior to the establishment of such program to a maximum of five\nyears of active firefighting service per participant but only to the\nextent authorized pursuant to section two hundred sixteen of this\narticle.\n (e) In order to provide credit for service prior to the establishment\nof the service award program, each sponsor shall review its prior\nmembership rosters to determine the number of years credit for each\nparticipant who is entitled to credit. In making the analysis, the\nstandards for active service set forth in subdivision (c) of this\nsection and adopted by the sponsor shall be used. Approval for such\nprior service shall require certification by the president, secretary\nand chief of the volunteer fire company. In the event an active\nvolunteer firefighter requests credit for service in more than one\nvolunteer fire company, each such company shall provide a certification\nfor the appropriate number of years.\n (g) An active volunteer firefighter whose name does not appear on the\napproved certified list or who is denied credit for service prior to the\nestablishment of the service award program shall have the right to\nappeal within thirty days of posting of the list or within thirty days\nof denial of past service credit. The appeal shall be in writing and\nmailed to the clerk or secretary of the governing board of such\npolitical subdivision, which shall investigate the appeal. The decision\nof the authorities in control of each volunteer fire company shall be\nsubject to appropriate judicial review.\n (h) An active volunteer firefighter's service award program may\ndesignate that benefits thereunder may be paid in the form of a lump\nsum, a life annuity with or without survivor benefits, period certain\nannuities, or any other form provided under the program. All forms of\nbenefit payments shall be actuarially equivalent to each other. The\nsponsor may limit the forms of benefit payment under a service award\nprogram or impose conditions concerning the availability of such\nbenefits. Nothing in this subdivision shall require a sponsor of a\nservice award program to purchase annuity contracts from an insurance\ncompany.\n (i) A participant whose volunteer fire service is interrupted by\nfull-time extended obligatory military service or by a single voluntary\nenlistment not to exceed four years in the armed forces of the United\nStates shall be considered on military leave. During such period of\nmilitary leave, the participant shall receive active volunteer service\ncredit of fifty points for each full year, prorated for service of less\nthan a year.\n (j) All program assets shall be held in trust for the exclusive\npurpose of providing benefits to participants and their beneficiaries or\nfor the purpose of defraying the reasonable expenses of the operation\nand administration of the program. If the service award program and the\nrelated trust are not tax qualified within the meaning of sections 401\nand 501 of the Internal Revenue Code of 1954 (68A Stat 3, 26 U.S.C. 401\nand 501), the trust referred to in this subdivision may provide that the\nassets held thereunder may be subject to the claims of general\ncreditors, if any, of the sponsor or may contain such other terms and\nprovisions as are necessary to insure that the participation by an\nactive volunteer firefighter in the service award program does not\nresult in taxable income to such volunteer firefighter under any\nprovision of the Internal Revenue Code of 1986, as amended.\n (k) Every fiduciary of a service award program will be required to act\nsolely in the interest of the program's participants and beneficiaries.\nSubject only to the provisions of the program document, a fiduciary may\naccept, hold, invest in and retain any investment if purchased or\nretained in the exercise of the degree of judgment and care, under the\ncircumstances then prevailing, which persons of prudence and\nintelligence exercise in the management of their own affairs, not in\nregard to speculation, but in regard to permanent disposition of their\nfunds, considering the probable income to be derived therefrom as well\nas the probable safety of their capital.\n (l) No service award provided under the program may be assigned or\nalienated except to provide for the legally obligated support of minor\nchildren or spouse.\n (m) A participant who is convicted of the crime of arson in any degree\nas defined in the penal law shall not be eligible to receive benefits\nfrom a service award program and shall forfeit any and all rights he or\nshe may have had to past or future benefits pursuant to a service award\nprogram.\n (n) An active volunteer firefighters' service award program may\nprovide for the crediting of years of active firefighting service for\nperiods after an active volunteer firefighter has reached the\nentitlement age and is receiving a service award.\n (o) In the case of a state-administered service award program, the\nstate comptroller may promulgate rules and regulations prescribing\nprocedures and forms for the compilation and maintenance of records of\nthe points accumulated by each volunteer firefighter. Each fire company\nparticipating in the state-administered program shall compile and\nmaintain such records in the manner prescribed.\n (q) The program sponsor may make adjustments to the participation in\ndepartment responses point system category provided for in paragraph\n(vi) of subdivision (c) of this section in the event that such program\nsponsor adopts written emergency response protocols setting different\nemergency response requirements for the fire department, fire companies,\nsquads and units thereof such that certain participants are not\npermitted to respond and are restricted from responding to all\nnon-emergency rescue and first aid squad calls and/or all emergency\nrescue and first aid squad calls. Such restrictions on response may\nrelate to determinations made by the district physician or department's\nphysician as to the duties that may be assigned to certain personnel. In\nthe event that the program sponsor adopts different response\nrequirements for different groups, participants in those groups shall be\nrequired to respond to the minimum number of emergency calls assigned to\ntheir group by applying the percentage provided for in paragraph (vi) of\nsubdivision (c) of this section. Notwithstanding the provisions of\nsection two hundred sixteen of this article, a point system amendment to\naddress written emergency response protocols may be adopted by the\naffirmative vote of at least sixty percent of such governing board,\nwithout referendum. Such amendment shall only take effect as of the\nfirst day of January next succeeding the completion of the proceedings\nrequired for adoption of the amendment and shall only apply\nprospectively unless the new written emergency response protocol is\nadopted in order to address a state disaster emergency, as such term is\ndefined in section twenty of the executive law, and applicable to the\ncounty or counties in which the fire department operates, in which case\nsuch amendment may be applied in the year adopted.\n