N.Y. Comp. Codes R. & Regs. tit. 2 § 155.4

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

Section 155.4 - Notice of adoption or transfer

For any defined benefit volunteer firefighter service award program which, on or after June 1, 2007, is to be State-administered pursuant to voter approval of either:

(a) the adoption of such a program; or

(b) the transfer of administration of such a program to the State of New York, the chief executive officer of the sponsor shall, within 30 days after the approval of a proposition authorizing the adoption or transfer, submit to the Comptroller by e-mail or other method prescribed by the Office of the State Comptroller, a verified notice of adoption or transfer which shall contain the following:

(1) a statement of the date on which the governing board of the sponsor approved the resolution authorizing adoption of the State-administered defined benefit volunteer firefighter service award program or transfer of a locally-administered defined benefit volunteer firefighter program to State administration and the vote thereon, and a certified copy of the resolution;

(2) a statement of the date on which the electors of the sponsor approved the proposition authorizing adoption of the State-administered defined benefit volunteer firefighter service award program or transfer or a locally-administered defined benefit volunteer firefighter service award program to State administration and the vote thereon, and a certified copy of the proposition;

(3) an opinion of legal counsel which shall:

(i) be addressed to the sponsor;

(ii) expressly provide that the administrator and program actuary 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 statutes as may be relevant; the resolution of the governing board of the sponsor authorizing the adoption of the State-administered defined benefit volunteer firefighter service award program or transfer of a locally-administered defined benefit volunteer firefighter service award program to State administration; proof of any posting and publication of required notice; the certificate certifying the result of the vote on the proposition authorizing the adoption of the State- administered defined benefit volunteer firefighter service award program or transfer of a locally-administered defined benefit volunteer firefighter service award program to State administration; and proof that the cost estimates prepared pursuant to section 155.3 of this Part were disclosed in the proposition; and

(iv) express his or her opinion that the sponsor has undertaken all actions and proceedings required by law to adopt the State-administered defined benefit volunteer firefighter service award program or to transfer a locally-administered defined benefit volunteer firefighter service award program to State administration;

(4) a statement of the name, address and telephone number of the chief executive officer of the sponsor; and

(5) a statement of the name, address and telephone number of each volunteer fire company or volunteer fire department having volunteer firefighters who are potential participants in the State-administered defined benefit volunteer firefighter service award program.

N.Y. Comp. Codes R. & Regs. Tit. 2 § 155.4