N.Y. Comp. Codes R. & Regs. tit. 2 § 152.7

Current through Register Vol. 46, No. 50, December 11, 2024

Section 152.7 - Service credit

(a) Each ambulance company for which a service award program is adopted shall maintain at all times for each volunteer ambulance worker of the company, whether or not a participant in the program, a record of the activities performed and points granted toward a year of ambulance service credit.

(b) On or before March 31st of each year, each ambulance company for which a service award program is adopted shall prepare and submit to the governing board of the sponsor a list of all the volunteer ambulance workers of the company which identifies all those who have earned credit for a year of ambulance service during the preceding calendar year. Such list shall be certified under oath by the president, secretary and chief or comparable officers of the ambulance company and shall be accompanied by such membership records or records of point accumulations as the governing board may require to substantiate the accuracy of the list. Such list shall also identify those volunteer ambulance workers who have waived participation in the service award program as provided in subdivision (g) of this section.

(c) On or before May 1st of each year, the governing board of the sponsor shall review each such certified list and may delete the name of any person who was not a volunteer ambulance worker during the proceeding calendar year or disallow the service credit of any volunteer ambulance worker who did not earn 50 points during the proceeding calendar year or whose point accumulation has not been adequately documented. Thereafter, the governing board shall approve each such certified list of volunteer ambulance workers and each volunteer ambulance worker thereon identified as having earned 50 or more points during the preceding calendar year shall be credited with a year of ambulance service. Upon approval, the governing board shall cause a copy of each list to be returned the appropriate ambulance company and each ambulance company shall, immediately upon receipt, post the list in a conspicuous place at its principal headquarters for at least 30 days and maintain a record of the date on which the list is posted.

(d) Not later than 30 days after the approved list is posted by the ambulance company, any volunteer ambulance worker whose name does not appear on the list as having earned credit for a year of ambulance service may appeal to the governing board of the sponsor to have his or her name added to the list as having earned credit for a year of ambulance service. The appeal shall be in writing and mailed to the clerk or secretary of the governing board of the sponsor. The governing board shall investigate all appeals and upon finding that such a volunteer ambulance worker has earned a year of ambulance service credit for the preceding calendar year, shall order the volunteer ambulance worker to be identified as having earned a year of ambulance service credit on the approved list.

(e) On or before July 1st of each year, the governing board of the sponsor shall cause a certified copy of the approved list to be filed with the administrator accompanied by appropriate documentation supporting any changes to the list made pursuant to subdivision (d) of this section.

(f) The administrator shall retain such list and shall promptly forward a copy of such list to the program actuary.

(g) Any volunteer ambulance worker not wishing to participate in the service award program may waive participation by filing with the chief executive officer of the ambulance company, the chief executive officer of the political subdivision and the administrator a written notice of waiver of participation. Such waiver shall remain effective until withdrawn in the same manner. During the period such a waiver remains effective, a volunteer ambulance worker shall not earn service credit, nor be entitled to a distribution from the program.

(h) If the effective date as of which a volunteer ambulance worker (or the volunteer ambulance worker's beneficiary, if the volunteer ambulance worker is deceased) begins to be paid a service award is other than the last day of a calendar year, the volunteer ambulance worker shall have the opportunity to earn service credit (i.e., points under the point system) up to the day immediately preceding the effective date as of which the service award payments commence. When preparing this list described in subdivision (b) of this section, only activities performed by a volunteer ambulance worker up to the day immediately preceding the effective date as of which service award payments commenced to the volunteer shall be considered when determining whether the volunteer earned 50 points during the calendar year in which the service award payments commenced to the volunteer. One year of service credit shall be awarded to a volunteer ambulance worker only if he or she earned 50 points for activities he or she performed up to the day immediately preceding the effective date as of which the service award payments commenced to the volunteer. When determining the points to be awarded to the volunteer ambulance worker for participation in ambulance company responses up to such day, the volunteer ambulance worker must have responded to the same minimum number of calls for the year that all other volunteer ambulance workers may be required to respond to under the point system adopted by the sponsor. Upon receipt of a certified copy of the approved list by the administrator as set forth in subdivision (e) of this section, the administrator shall promptly direct the program trustee to begin paying the volunteer ambulance worker any additional service award to which he or she may be entitled to be paid as of the effective date on which service award payments commenced to the volunteer ambulance worker.

N.Y. Comp. Codes R. & Regs. Tit. 2 § 152.7