Senate Bill S2271

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2271

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 17, 2009
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law, in relation to service  award
  programs for volunteer firefighters

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.   Paragraph (e) of subdivision 3  of  section  216  of  the
general municipal law, as amended by chapter 714 of the laws of 2006, is
amended to read as follows:
  (e)  Except  as  otherwise  provided  in this paragraph once a service
award program has been established, it may be abolished  or  amended  in
the  same  manner as it was created in accordance with the provisions of
this article by following the procedures set forth in subdivision one or
two of this section. The point system adopted by the governing board  of
the  sponsor  of  a service award program pursuant to subdivision (c) of
section two hundred seventeen of this article  may  be  amended  by  the
affirmative  vote  of  at  least  sixty percent of such governing board,
without referendum, provided, that, consistent with  the  provisions  of
subdivision  (c)  of  section two hundred seventeen OF THIS ARTICLE, the
only effect of the amendment is to decrease the number of points granted
for the performance of an activity, increase the amount of  an  activity
required to earn the points granted for the performance of the activity,
or  both.    Any  amendment  to  a service award program shall only take
effect as of the first day of January next succeeding completion of  the
proceedings  required for adoption of the amendment and shall only apply
prospectively, PROVIDED, THAT AN AMENDMENT OF A  SERVICE  AWARD  PROGRAM
ADOPTED  IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION (N) OF SECTION
TWO HUNDRED SEVENTEEN OF THIS ARTICLE IN  ORDER  TO  BRING  THE  SERVICE
AWARD  PROGRAM INTO COMPLIANCE WITH THE AGE DISCRIMINATION IN EMPLOYMENT
ACT OF 1967 (29 USCA SECTION 621, ET SEQ.) MAY BE ADOPTED BASED  ON  THE
AFFIRMATIVE  VOTE  OF  AT  LEAST  SIXTY PERCENT OF SUCH GOVERNING BOARD,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04606-01-9
              

S. 2271                             2

WITHOUT REFERENDUM, AND THAT SUCH AMENDMENT MAY BE APPLIED RETROACTIVELY
IN ORDER TO PROVIDE RETROACTIVE BENEFITS TO PARTICIPANTS IN THE  PROGRAM
THAT  WERE  DENIED  THE  OPPORTUNITY TO EARN CREDIT AND YEARS OF SERVICE
AFTER THE ENTITLEMENT AGE WITHOUT BEING GIVEN THE OPTION AT THE ENTITLE-
MENT  AGE  TO  EITHER  CONTINUE  EARNING YEARS OF CREDIT OR COMMENCE THE
RECEIPT OF BENEFITS PAYMENTS.
  S 2. Subdivision 9 of section 216-a of the general municipal  law,  as
added  by  chapter  550 of the laws of 1995 and as renumbered by chapter
452 of the laws of 2004, is amended to read as follows:
  9. Except as otherwise provided in this subdivision, any provision  of
an  agreement  to jointly sponsor a service award program for the volun-
teer firefighters of a special fire company or department may be amended
upon the affirmative vote of at least sixty  percent  of  the  governing
board  of  each  political subdivision which is a party to the agreement
without referendum.  Amendments  to  the  provisions  of  the  agreement
required  by  paragraphs  (h),  (i) and (j) of subdivision three of this
section shall only be made upon the affirmative vote of at  least  sixty
percent  of  the  governing  board  of  each such political subdivision,
subject to a mandatory referendum of the  eligible  voters  within  each
such political subdivision, PROVIDED THAT AN AMENDMENT OF THE PROVISIONS
OF  AN  AGREEMENT  TO  JOINTLY  SPONSOR  A SERVICE AWARD PROGRAM FOR THE
VOLUNTEER FIREFIGHTERS OF A SPECIAL FIRE COMPANY OR  DEPARTMENT  ADOPTED
IN  ACCORDANCE  WITH  THE  PROVISIONS  OF SUBDIVISION (N) OF SECTION TWO
HUNDRED SEVENTEEN OF THIS ARTICLE IN ORDER TO BRING  THE  SERVICE  AWARD
PROGRAM/AGREEMENT INTO COMPLIANCE WITH THE AGE DISCRIMINATION IN EMPLOY-
MENT ACT OF 1967 (29 USCA SECTION 621, ET SEQ.), MAY BE ADOPTED BASED ON
THE  AFFIRMATIVE  VOTE OF AT LEAST SIXTY PERCENT OF SUCH GOVERNING BOARD
OF EACH SUCH POLITICAL SUBDIVISION, WITHOUT REFERENDUM,  AND  THAT  SUCH
AMENDMENT  MAY  BE APPLIED RETROACTIVELY IN ORDER TO PROVIDE RETROACTIVE
BENEFITS TO PARTICIPANTS IN THE PROGRAM THAT WERE DENIED THE OPPORTUNITY
TO EARN CREDIT AND YEARS OF SERVICE AFTER THE  ENTITLEMENT  AGE  WITHOUT
BEING GIVEN THE OPTION AT THE ENTITLEMENT AGE TO EITHER CONTINUE EARNING
YEARS OF CREDIT OR COMMENCE THE RECEIPT OF BENEFITS PAYMENTS.
  S  3.  Subdivision (n) of section 217 of the general municipal law, as
added by chapter 647 of the laws of 2003, is amended to read as follows:
  (n) An  active  volunteer  firefighters'  service  award  program  may
provide  for  the  crediting of years of active firefighting service for
periods after an active volunteer firefighter has reached  the  entitle-
ment  age  and  is  receiving a service award. AN ACTIVE VOLUNTEER FIRE-
FIGHTERS' SERVICE AWARD PROGRAM MAY PROVIDE FOR THE CREDITING  OF  YEARS
OF  ACTIVE  FIREFIGHTING  SERVICE  FOR PERIODS AFTER AN ACTIVE VOLUNTEER
FIREFIGHTER HAS REACHED THE ENTITLEMENT AGE AS PART  OF  AN  ENTITLEMENT
AGE  POLICY THAT PERMITS THE PARTICIPANT TO MAKE AN ELECTION STARTING AT
THE ENTITLEMENT AGE TO  EITHER  COMMENCE  THE  RECEIPT  OF  BENEFITS  OR
CONTINUE  TO  EARN YEARS OF FIREFIGHTING SERVICE CREDIT. THE SPONSOR, OR
THE SPONSORS WHEN MORE THAN ONE POLITICAL SUBDIVISION  IS  PARTICIPATING
IN  AN AGREEMENT TO OPERATE A PROGRAM, MAY AMEND A SERVICE AWARD PROGRAM
OR AGREEMENT TO PROVIDE A SERVICE AWARD PROGRAM UNDER  THIS  SUBDIVISION
IN ORDER TO BRING THE SERVICE AWARD PROGRAM INTO COMPLIANCE WITH THE AGE
DISCRIMINATION  IN EMPLOYMENT ACT OF 1967 (29 USCA SECTION 621, ET SEQ.)
BASED ON THE AFFIRMATIVE VOTE OF AT LEAST SIXTY PERCENT OF SUCH  GOVERN-
ING  BOARD  OR BOARDS WITHOUT REFERENDUM, AND THAT SUCH AMENDMENT MAY BE
APPLIED RETROACTIVELY  IN  ORDER  TO  PROVIDE  RETROACTIVE  BENEFITS  TO
PARTICIPANTS  IN  THE  PROGRAM  THAT WERE DENIED THE OPPORTUNITY TO EARN
CREDIT AND YEARS OF SERVICE AFTER  THE  ENTITLEMENT  AGE  WITHOUT  BEING

S. 2271                             3

GIVEN THE OPTION AT THE ENTITLEMENT AGE TO EITHER CONTINUE EARNING YEARS
OF CREDIT OR COMMENCE THE RECEIPT OF BENEFITS PAYMENTS.
  S  4.  Subdivision (b) of section 218 of the general municipal law, as
amended by chapter 452 of the laws  of  2004,  is  amended  to  read  as
follows:
  (b) The sponsor of a defined contribution plan shall contribute to the
plan a fixed amount of money, as determined by the sponsor, on behalf of
each participant who is credited with a year of service. The minimum and
maximum  contribution  requirements  for  a defined contribution service
award program shall be as follows. The minimum contribution shall be one
hundred twenty dollars per year of  service.  The  maximum  contribution
shall  be  seven hundred dollars per year of service. The maximum number
of years of service for which a participant may receive  a  contribution
shall  be  forty years. The sponsor shall appropriate annually an amount
sufficient to pay the  contributions.    THE  ANNUAL  APPROPRIATION  MAY
INCLUDE  SUCH  AMOUNTS  AS  NECESSARY TO FUND THE PAYMENT OF RETROACTIVE
BENEFITS DESCRIBED IN SUBDIVISION (N) OF SECTION TWO  HUNDRED  SEVENTEEN
OF THIS ARTICLE.
  S  5.  Subdivision (d) of section 219 of the general municipal law, as
amended by chapter 648 of the laws  of  2003,  is  amended  to  read  as
follows:
  (d)  The  governing  board shall engage the services of an actuary for
the purpose of determining the annual amount required to be  contributed
to  a defined benefit service award program, which amount shall be based
on the interest and mortality tables or  other  appropriate  assumptions
and  methods  selected by actuary. The sum so determined shall be appro-
priated annually by the political subdivision. The governing  board  may
also  retain  an  actuary  to  provide  advice with respect to any other
aspect of the program. THE ANNUAL APPROPRIATION MAY INCLUDE SUCH AMOUNTS
AS NECESSARY TO FUND THE PAYMENT OF RETROACTIVE  BENEFITS  DESCRIBED  IN
SUBDIVISION (N) OF SECTION TWO HUNDRED SEVENTEEN OF THIS ARTICLE.
  S 6. This act shall take effect immediately.