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This entry was published on 2020-06-19
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SECTION 219-E
Participation, vesting and service credit
General Municipal (GMU) CHAPTER 24, ARTICLE 11-AA
§ 219-e. Participation, vesting and service credit. 1. A volunteer
ambulance worker must be eligible to participate in any service award
program provided under this article if the volunteer ambulance worker
has reached the age of eighteen and has completed at least one year of
ambulance service.

2. A participant shall have a nonforfeitable right to a service award
upon completing five years of ambulance service, provided, however, that
a sponsor may reduce the number of years of ambulance service required
to obtain a nonforfeitable right to a service award. Any amounts
attributable to forfeiture of a participant's service award shall be
used to reduce contributions for other service award program
participants and shall not in any case be used to increase benefits for
other participants. The preceding shall not preclude amendment of a
service award program to provide for an increase in benefits.

3. A year of ambulance service shall be credited under a service award
program for each calendar year, beginning with the year in which the
program is adopted, in which a volunteer ambulance worker accumulates at
least fifty points. Except as provided in subdivision five of this
section and subdivision eight of section two hundred nineteen-d of this
article, points shall be granted for activities performed after the
effective date of the program in accordance with a system adopted by the
sponsor which shall be applied on a consistent and uniform basis. Such
system shall provide that points shall be granted for activities
designated by the sponsor, which activities shall be selected from the
following:

(a) Training courses -- twenty-five points maximum.

(i) Courses under twenty hours duration -- one point per hour, with a
maximum of five points.

(ii) Courses of twenty to forty-five hours duration -- one point per
hour for each hour over initial twenty hours, with a maximum of ten
points.

(iii) Courses over forty-five hours duration -- fifteen points per
course.
For purposes of this paragraph, the term "training course" shall mean a
course of instruction having a prescribed topic and syllabus. Points for
a training course shall be awarded only upon the successful completion
of the course and only in the year in which the course is successfully
completed.

(b) Drills and seminars -- twenty points maximum. One point per
minimum two hour drill or seminar. For purposes of this paragraph, the
term "drill" shall mean a skills practice or skills training session
related to emergency medical service and the term "seminar" shall mean a
lecture on a topic relating to the emergency medical service.

(c) Sleep-in or stand-by -- twenty points maximum.

(i) Sleep-in -- one point each full night.

(ii) Stand-by -- one point each. A stand-by is defined as line of duty
activity of the volunteer ambulance company, lasting for four hours, not
falling under one of the other categories. A service award program may
not provide points pursuant to this paragraph if the program provides
points for tours of duty pursuant to paragraph (d) of this subdivision.

(d) Tours of duty. A maximum of twenty points may be granted for
serving tours of duty at a rate equal to no more than one-sixth of a
point per hour served as determined by the sponsor. For purposes of this
paragraph, the term "tour of duty" shall mean a line of duty activity,
not falling under one of the other paragraphs of this subdivision,
involving a period of time scheduled or assigned by an ambulance company
during which a volunteer ambulance worker is responsible for providing
emergency medical service or general ambulance service, including
sleep-ins, stand-bys and backup duty, by reason of being stationed at an
event, as part of a rostered duty crew or as otherwise provided by the
regular procedures of the ambulance company. A sponsor may also define
two or more activities included within the meaning of the term tour of
duty and provide for points to be granted for the performance of such
activities at different rates, provided, that points for such activities
shall not be granted at a rate in excess of one-sixth of a point per
hour served and no more than twenty points shall be granted for all such
activities. A service award program may not provide points pursuant to
this paragraph if the program provides points for sleep-ins or stand-bys
pursuant to paragraph (c) of this subdivision.

(e) Elected or appointed position -- twenty-five points maximum.

(i) Completion of one year term in an elected or appointed position.

(ii) A volunteer ambulance worker elected to serve as a delegate to an
ambulance workers' convention shall also be eligible to receive one
point per meeting.

(iii) A volunteer ambulance worker appointed to serve on the New York
state emergency medical services council, the state emergency medical
advisory committee, a regional emergency medical services council or a
regional emergency medical advisory committee, established pursuant to
article thirty of the public health law shall also be eligible to
receive one point per meeting.

(f) Attendance at meetings -- twenty points maximum.

(i) Attendance at any official meetings of the ambulance company --
one point per meeting.

(ii) Attendance at official meetings of a standing committee of the
ambulance company by a member of the committee -- one point per meeting.

(g) Participation in ambulance company responses -- twenty-five points
for responding on the minimum number of calls, as outlined below:
Total number of calls 0 500 1000 1500
ambulance company responds to to to and
to annually 500 1000 1500 over
Minimum number of calls 10% 7.5% 5% 2.5%
volunteer
ambulance worker
must run annually in order to
receive twenty-five points credit

A volunteer ambulance worker who is granted points toward a year of
ambulance service pursuant to this paragraph may not be granted points
toward the same year of ambulance service for alternative participation
company responses pursuant to paragraph (h) of this subdivision.

(h) Alternative participation in company responses. A maximum of
twenty-five points may be granted for participation in company responses
at a rate equal to no more than one-half point per response as
determined by the sponsor. A volunteer ambulance worker who is granted
points toward a year of ambulance service pursuant to this paragraph may
not be granted points toward the same year of ambulance service for
participation in company responses pursuant to paragraph (g) of this
subdivision.

(i) Miscellaneous activities -- maximum fifteen points. Participation
in inspections and other activities covered by the volunteer ambulance
workers' benefit law and not otherwise listed -- one point per activity.

(j) The sponsor may designate less than all the activities specified
in this subdivision as activities for which points may be earned.

* (k) Determination of points. For purposes of determining total
points earned for a calendar year in which a state disaster emergency,
as defined in section twenty of the executive law, has been declared
pursuant to executive order number two hundred two of two thousand
twenty, as amended, to address the outbreak of novel coronavirus,
COVID-19, an active volunteer ambulance worker award program may provide
for the crediting of up to five additional points per month, prorated
for periods of less than one month, to each volunteer ambulance worker
for each month that special emergency response rules were in place
restricting ambulance workers responses to emergency responses and/or
restricting the holding of activities for which points could be earned
due to guidelines related to the state disaster emergency. A political
subdivision electing to provide the additional points authorized under
this subdivision shall adopt a resolution by April thirtieth, two
thousand twenty-one determining the number of additional points to be
credited per month, provided that any additional points credited
pursuant to this paragraph shall be in addition to any other points
earned pursuant to this section during the state disaster emergency.

* NB Repealed December 31, 2022

4. Points toward a year of ambulance service may be granted for
activities performed after a participant reaches entitlement age, but
shall not be granted for activities performed after a participant
applies for a service award.

5. A service award program which is to take effect on a day other than
the first day of January may provide for points to be granted toward a
year of ambulance service for activities performed prior to the
effective date of the program and on or after the immediately preceding
first day of January, provided, the proposition authorizing adoption of
the program contains a statement authorizing points to be granted for
such activities. Points attributable to such activities shall be granted
in accordance with the point system adopted by the sponsor pursuant to
subdivision three of this section.

6. In computing credit for those volunteer ambulance workers who also
serve as paid employees within a political subdivision of the state,
credit shall not be given for activities performed during the
individual's regularly assigned work periods.

7. A participant whose ambulance service is interrupted by full-time
extended obligatory military service or by a single voluntary enlistment
not to exceed four years in the armed forces of the United States shall
be considered on military leave. During such period of military leave,
the participant shall receive fifty points for each full year of
military service, prorated for military service of less than a year.

7-a. An active volunteer ambulance worker's service award program may
provide for the crediting of years of and points for volunteer ambulance
service for periods after an active volunteer ambulance worker has
reached the entitlement age and is receiving a service award.

8. The state comptroller may promulgate rules and regulations
prescribing procedures and forms for the compilation and maintenance of
records of the points accumulated by each volunteer ambulance worker.
Each ambulance company shall compile and maintain such records in the
manner prescribed.

9. The president, secretary and chief or comparable officers of each
ambulance company shall submit to the governing board of the sponsor a
list of all volunteer members, certified under oath, which shall
identify those volunteer members who have qualified for credit under the
award program for the previous year. Such list shall be submitted
annually by March thirty-first or otherwise as provided in the rules and
regulations of the state comptroller and shall be accompanied by such
membership records and records of point accumulations as the governing
board may require to substantiate the accuracy of the list.
Notwithstanding the provisions of this subdivision a volunteer ambulance
worker may request that his name be deleted from said list as a
"participant". Such request for deletion shall be in writing and shall
remain effective until withdrawn in the same manner.

10. The governing board of the sponsor shall review the list of each
ambulance company and may delete the name of any person who was not a
volunteer ambulance worker during the preceding calendar year or the
name of any volunteer ambulance worker who did not earn fifty points
during the preceding calendar year or whose point accumulation has not
been adequately documented. Thereafter, the governing board shall
approve the list and return a copy of the list to the ambulance company
and forward a certified copy of the approved list to the program
administrator.

11. Upon receipt of the approved list, the ambulance company shall
post the list at its principal headquarters for at least thirty days. A
volunteer ambulance worker whose name does not appear on the approved
list shall have the right to appeal within thirty days of posting of the
list. The appeal shall be in writing and mailed to the clerk or
secretary of the governing board of the sponsor, which shall investigate
the appeal. The decision of the governing board shall be subject to
judicial review pursuant to article seventy-eight of the civil practice
law and rules.

12. In the event that a volunteer ambulance worker is either totally
and temporarily disabled or partially and permanently disabled as
certified by the workers' compensation board or other competent
authority approved by the state comptroller, and the disability occurs
during the course of service as a volunteer while actively engaged in
providing line-of-duty services as defined in the volunteer ambulance
workers benefit law, the volunteer shall be credited with five points
for each full month of such disability; provided, however, such
volunteer shall cease to be credited with such line of duty disability
points after attaining the entitlement age.