N.Y. Comp. Codes R. & Regs. tit. 2 § 155.7

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

Section 155.7 - Service credit

(a) Each volunteer fire company or volunteer fire department for which a State-administered defined benefit volunteer firefighter service award program is adopted shall maintain at all times for each volunteer firefighter of the volunteer fire company or volunteer fire department, whether or not a participant in the State-administered defined benefit volunteer firefighter service award program, a record of the activities performed and points granted toward a year of firefighting service.

(b) On or before March 31st of each year, each volunteer fire company or volunteer fire department for which a State-administered defined benefit volunteer firefighter service award program is adopted shall prepare and submit to the governing board of the sponsor a list of all the volunteer firefighters of the volunteer fire company or volunteer fire department which identifies all those who have qualified for credit for a year of firefighting service during the preceding calendar year. Such list shall be certified under oath by the president, secretary and chief or comparable officers of the volunteer fire company or volunteer fire department 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 firefighters who have waived participation in the State-administered defined benefit volunteer firefighter 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 firefighter during the preceding calendar year or disallow the service credit of any volunteer firefighter who did not earn or otherwise receive 50 points during the preceding calendar year or whose point accumulation has not been adequately documented. Thereafter, the governing board shall approve each such certified list of volunteer firefighters and each volunteer firefighter named thereon shall be credited with a year of firefighting service. Upon approval, the governing board shall cause a copy of each list to be returned to the appropriate volunteer fire company or volunteer fire department and each volunteer fire company or volunteer fire department 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; provided, however, that no personal identifying information shall be included in the list that is posted except the names of the firefighters credited with a year of firefighting service.

(d) Not later than 30 days after the approved list is posted by the volunteer fire company or volunteer fire department, any volunteer firefighter whose name does not appear on the list may appeal to the governing board of the sponsor to have his or her name added to the list as having qualified for credit for a year of firefighting service during the preceding calendar year. 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 firefighter has qualified for a year of firefighting service credit for the preceding calendar year, shall order the volunteer firefighter's name to be added to 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.

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

(g) Any volunteer firefighter not wishing to participate in the State-administered defined benefit volunteer firefighter service award program may waive participation by filing with the chief executive officer of the volunteer fire company or volunteer fire department, 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 firefighter shall not earn service credit, nor be entitled to a distribution from the State-administered defined benefit volunteer firefighter service award program.

(h) Notwithstanding the provisions of subdivisions (b) through (e) of this section, if, as of the effective date of the conversion of a locally administered defined contribution volunteer firefighter service award program into a State-administered defined contribution volunteer firefighter service award program, the governing board of a sponsor has approved a certified list of volunteer firefighters qualified for credit for a year of firefighting service rendered during the preceding calendar year in substantial compliance with the procedures set forth in subdivisions (b) through (d) of this section, excepting the dates set forth therein, the governing board shall comply with the filing requirement of subdivision (e) of this section no later than 30 days after the chief executive officer of the sponsor files a completed and executed copy of the adoption or transfer agreement with the administrator pursuant to section 155.5 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 2 § 155.7