N.Y. Comp. Codes R. & Regs. tit. 2 § 154.9

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

Section 154.9 - Notice of amendment or termination

(a) Once a State-administered defined contribution volunteer firefighter service award program has been adopted, the sponsor may amend or terminate its participation in the State- administered defined contribution volunteer firefighter service award program in the manner provided by article 11-A of the General Municipal Law.

(b) Within 30 days after the amendment of any of the terms of a State-administered defined contribution volunteer firefighter service award program set forth in the adoption or transfer agreement, or the termination of the sponsor's participation in a State-administered defined contribution volunteer firefighter service award program, the chief executive officer of the sponsor shall file with the administrator a verified notice of amendment or notice of termination which shall contain the following:

(1) a statement of the date on which the governing board of the sponsor approved the resolution authorizing the amendment or termination of participation in the State-administered program and the vote thereon, and a certified copy of the resolution;

(2) in the case of termination, or in the case of an amendment requiring submission of a proposition to the eligible voters of the sponsor, a statement of the date on which the eligible voters approved the proposition authorizing the amendment or termination and the vote thereon, and a certified copy of the proposition; and

(3) an opinion of legal counsel which shall:

(i) be addressed to the sponsor;

(ii) expressly provide that the administrator may rely thereon;

(iii) state that in his or her capacity as legal counsel to the sponsor, he or she has examined originals or true and complete copies of those records, documents and other instruments necessary to render his or her opinion, including, but not limited to, the provisions of article 11-A of the General Municipal Law and such other laws as may be relevant, the resolution of the governing board of the sponsor authorizing the amendment or termination of the program, proof of any posting and publication to give required notice and the certificate certifying the result of the vote on the proposition authorizing the amendment or termination of the State-administered defined contribution volunteer firefighter service award program; and

(iv) express his or her opinion that the sponsor has undertaken all actions and proceedings required by law to amend or terminate the State-administered defined contribution volunteer firefighter service award program.

(c) Within 30 days of the receipt of a notice of amendment, the administrator shall send to the chief executive officer of the sponsor two copies of an amended form of adoption or transfer agreement. The chief executive officer shall complete the copies of the amended form of adoption or transfer agreement by incorporating the terms of the amendment, and shall execute, retain, file, and provide a copy of the amended adoption or transfer agreement to each volunteer fire company or volunteer fire department, in the same manner as the original adoption or transfer agreement.

(d) Any amendment to the program by the sponsor shall only take effect as of January 1st of the calendar year following the amendment and shall only apply prospectively.

N.Y. Comp. Codes R. & Regs. Tit. 2 § 154.9