N.Y. Comp. Codes R. & Regs. tit. 2 § 155.10

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

Section 155.10 - Forfeitures

(a) In the event that two years have elapsed since an inactive volunteer firefighter participant or a participant's designated beneficiary becomes eligible to apply for a service award and the administrator does not receive an application for distribution, the administrator, the sponsor and the volunteer fire company or volunteer fire department in which the participant was a member shall attempt to notify the person or persons to whom the service award would be paid. In the event that the administrator, in his or her sole discretion, determines that a reasonable attempt has been made to contact such person or persons without success, the service award payable shall then be considered as forfeited for the purpose of determining future contributions payable by the sponsor.

(b) A participant who ceases to be a volunteer firefighter before he or she has earned a nonforfeitable right to a service award shall forfeit his or her service credit upon receipt by the administrator of notice from the sponsor and the appropriate volunteer fire department or volunteer fire company that the individual has ceased to be a volunteer firefighter. The provisions of this subdivision shall not apply to a volunteer firefighter who is determined to be totally and permanently disabled in accordance with section 155.11(g) of this Part.

(c) In the event that a person whose service credit was forfeited in accordance with subdivision (b) of this section resumes being a volunteer firefighter within the five-year period beginning immediately after the calendar year in which he or she ceased to be a volunteer firefighter, such person's forfeited service credit shall be restored as of December 31st of the first calendar year for which he or she again qualifies for a year of firefighting service credit and again becomes a participant in the State-administered defined benefit volunteer firefighter service award program in which he or she formerly was a participant.

N.Y. Comp. Codes R. & Regs. Tit. 2 § 155.10