S T A T E O F N E W Y O R K
________________________________________________________________________
8023--A
2009-2010 Regular Sessions
I N A S S E M B L Y
May 1, 2009
___________
Introduced by M. of A. SWEENEY -- Multi-Sponsored by -- M. of A. HOOPER
-- read once and referred to the Committee on Local Governments --
reported and referred to the Committee on Ways and Means -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the general municipal law, in relation to service award
programs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 8 of section 219-d of the
general municipal law, as amended by chapter 514 of the laws of 1998, is
amended to read as follows:
(b) The entitlement age, the number of years of ambulance service
required to obtain a nonforfeitable right to a service award, and the
activities for which points shall be granted toward a year of ambulance
service may be changed by resolution adopted by the affirmative vote of
at least sixty percent of the governing board of the sponsor without
referendum; PROVIDED, THAT, CONSISTENT WITH THE PROVISIONS OF SUBDIVI-
SION THREE OF SECTION TWO HUNDRED NINETEEN-M OF THIS ARTICLE, IF THE
EFFECT OF THE AMENDMENT IS TO INCREASE THE NUMBER OF POINTS GRANTED FOR
THE PERFORMANCE OF THE ACTIVITY, DECREASE THE AMOUNT OF AN ACTIVITY
REQUIRED TO EARN THE POINTS GRANTED FOR THE PERFORMANCE OF THE ACTIVITY,
OR BOTH, SUCH AMENDMENT SHALL BE SUBJECT TO A MANDATORY REFERENDUM. ANY
AMENDMENT TO A SERVICE AWARD PROGRAM SHALL ONLY TAKE EFFECT AS OF THE
FIRST OF JANUARY NEXT SUCCEEDING COMPLETION OF THE PROCEEDINGS REQUIRED
FOR ADOPTION OF THE AMENDMENT AND SHALL ONLY APPLY PROSPECTIVELY.
S 2. Subdivision 3 of section 219-k of the general municipal law, as
added by chapter 558 of the laws of 1998, is amended to read as follows:
3. ["Entitlement age" means age sixty-five and, except in the case of
disability or death, shall be the earliest age at which a participant
who has a nonforfeitable right to a service award is entitled to apply
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02780-04-9
A. 8023--A 2
for and begin receiving a service award.] "ENTITLEMENT AGE" MEANS THE
AGE DESIGNATED BY THE SPONSOR AT WHICH A PROGRAM PARTICIPANT IS ENTITLED
TO BEGIN RECEIVING AN UNREDUCED SERVICE AWARD. IN NO EVENT SHALL THE
ENTITLEMENT AGE UNDER A PROGRAM BE EARLIER THAN AGE FIFTY-FIVE NOR LATER
THAN THE AGE AT WHICH THE PARTICIPANT CAN RECEIVE AN UNREDUCED BENEFIT
UNDER TITLE II OF THE SOCIAL SECURITY ACT (PUBLIC LAW 74-271 U.S.C. 306
ET SEQ.). NO SERVICE AWARD PROGRAM MAY PROVIDE FOR THE PAYMENT OF BENE-
FITS (EXCEPT IN THE CASE OF DEATH OR DISABILITY) BEFORE AGE FIFTY-FIVE.
S 3. Paragraph (h) of subdivision 5 of section 219-l of the general
municipal law, as added by chapter 558 of the laws of 1998, is amended
and a new paragraph (i) is added to read as follows:
(h) the date on which the proposition authorizing the adoption of the
program shall be submitted to referendum[.]; AND
(I) ENTITLEMENT AGE- THE AGE AT WHICH VOLUNTEERS ARE ELIGIBLE TO BEGIN
RECEIVING SERVICE AWARDS.
S 4. Paragraph (b) of subdivision 9 of section 219-l of the general
municipal law, as added by chapter 558 of the laws of 1998, is amended
to read as follows:
(b) The activities for which points shall be granted toward a year of
ambulance service may be changed by resolution adopted by the affirma-
tive vote of at least sixty percent of the governing board of the spon-
sor without referendum; PROVIDED, THAT, CONSISTENT WITH THE PROVISIONS
OF SUBDIVISION THREE OF SECTION TWO HUNDRED NINETEEN-M OF THIS ARTICLE,
IF THE EFFECT OF THE AMENDMENT IS TO INCREASE THE NUMBER OF POINTS
GRANTED FOR THE PERFORMANCE OF THE ACTIVITY, DECREASE THE AMOUNT OF AN
ACTIVITY REQUIRED TO EARN THE POINTS GRANTED FOR THE PERFORMANCE OF THE
ACTIVITY, OR BOTH, SUCH AMENDMENT SHALL BE SUBJECT TO A MANDATORY REFER-
ENDUM. ANY AMENDMENT TO A SERVICE AWARD PROGRAM SHALL ONLY TAKE EFFECT
AS OF THE FIRST OF JANUARY NEXT SUCCEEDING COMPLETION OF THE PROCEEDINGS
REQUIRED FOR ADOPTION OF THE AMENDMENT AND SHALL ONLY APPLY PROSPECTIVE-
LY.
S 5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided, however,
that effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and completed by
the state comptroller on or before such date.