[HISTORY: Adopted by the Township Council of the Township of Monroe as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 39.
Fire prevention — See Ch. 141.
[Adopted 5-12-1998 by Ord. No. O-19-98]
The Township of Monroe hereby established a reciprocal agreement with each and every municipality within the County of Gloucester for Intermunicipal Fire and Ambulance Assistance at times of any and all emergencies. This article shall become effective as to each and every other municipality within the County of Gloucester at such times that the said municipality has in the past or may in the future adopt an ordinance providing for the same terms and conditions as set forth herein.
The Township of Monroe hereby agrees to assume all expenses incurred by members of its Municipal Fire Department and Ambulance Crew force or volunteer fire company and/or ambulance crew force emergency assistance rendered within or without the boundaries of this community. The Township of Monroe shall make no claim for reimbursement from any municipality for damages, injuries, wages and the like for aid rendered by the members of its Fire Department and/or Ambulance crew and force or volunteer fire company through any other community adopting an ordinance with the same terms as this article.
In accordance with N.J.S.A. 40A:156-1 et seq., the members of the Fire Department and/or Ambulance Crew and force or volunteer fire company of the Township of Monroe and any other municipality passing an ordinance with the same terms and conditions as this article while on duty rendering assistance to any other municipality shall have the same powers, authority and immunities as have the members of the Fire Department and/or Ambulance Crew and force or volunteer fire company or ambulance crew of the municipality in which such assistance is being rendered.
At such times that an emergency may occur and Intermunicipal Fire and/or Ambulance aid is requested, the Fire Chief of the municipality wherein said emergency exists, shall be the senior ranking officer of all members of any Fire Department and force or volunteer fire company which may be rendering assistance within the confines of said municipality.
[Adopted 8-8-2000 by Ord. No. O-28-2000; amended in its entirety 11-13-2017 by Ord. No. O:34-2017]
A Length of Service Awards Program (LOSAP) is herewith created in accordance with Chapter 338 of the Laws of 1997, being N.J.S.A. 40A:14-183 et seq., to award members of volunteer services for their loyal, diligent and devoted services to the residents of the Township of Monroe.
The LOSAP shall provide for fixed annual contributions to a deferred income account for each volunteer member that meets the criteria set forth below. Such contributions shall be made in accordance with a plan that shall be established by the Township of Monroe pursuant to P.L. 1997, c. 388 and its implementing regulations, and such plan shall be administered in accordance with the laws of the State of New Jersey, the United States Internal Revenue Code and this article.
A. 
LOSAP is a system established to provide tax-deferred income benefits to active volunteers of an emergency service organization.
B. 
Tax-deferred income benefits are benefits for emergency services volunteers that come from contributions made solely by the governing body of the municipality or fire district, on behalf of those volunteers who met the criteria of a plan created by the governing body. The contributions are deposited into a plan similar to deferred compensation plans permitted for county and municipal employees. Either the governing body or the volunteer is permitted to direct the investment of funds in the different investment vehicles that may be permitted under the plan adopted by the governing body. Investment options may include different types of mutual funds or annuities; benefits are federally tax deferred to the volunteer until the volunteer withdraws them.
A. 
As used in this article, the following terms shall have the meanings indicated:
ACTIVE VOLUNTEER MEMBER
Any person, over the age of 18 or which minimum age is consistent with the statute, who has been so designated by the governing body of a duly created emergency service organization and who is faithfully and actually performing volunteer service in that organization and meets the following criteria:
YEARS OF ACTIVE SERVICE (YEAR)
The twelve-month period commencing annually on January 1, and concluding on December 31, of that year.
B. 
The LOSAP shall provide for annual contributions to each eligible member that meets the criteria as follows:
(1) 
Seventy-five points are required for a member to be eligible for an annual contribution. These points shall be attained pursuant to the terms and conditions set forth in § 37-11.
(2) 
A member is eligible to participate in the LOSAP immediately upon becoming an active volunteer member pursuant to N.J.S.A. 40A:14-189(a), and members will be vested after five years of accredited service as defined by the LOSAP.
(3) 
The annual contribution shall not exceed the maximum LOSAP award allowable for LOSAP programs that have been in effect since 1999 ($1,150 plus annual CPI adjustments) per member. If a member does not attain 75 points annually, he or she is not entitled to a pro rata share. The maximum amount is set by statute in October of each year and is subject to increases that are tied to the consumer price index. The permitted maximum amount will be issued by the Division of Local Government Services annually.
The cost of the program shall not exceed the annual municipal tax rate value of $0.01.
There shall not be any credit given for prior volunteer services.
The Mayor shall establish and designate a LOSAP Administrator who shall be responsible for the administration of the program.
A. 
Duties of Administrator.
(1) 
Upon receipt of the approved list from the coordinator from the respective organizations, the Administrator shall review and approve the certified annual list provided by the emergency service organizations of all volunteer members who qualified for credit under the LOSAP program for the previous year.
(2) 
Responsible to maintain only one LOSAP account for each volunteer, and any funds in excess of the statutory maximum amount shall be returned to the sponsoring agency.
(3) 
Responsible to conduct an analysis of LOSAP contributions and, where violations are identified, seek to recover inappropriately allocated LOSAP contributions, as needed.
(4) 
Responsible to perform an accounting of nonvested volunteers' dormant accounts and seek the return of all such dormant funds and ensure a procedure is in place to prevent this from occurring in the future.
A. 
Training courses: maximum of 25 points.
(1) 
Courses under 20 hours' duration: one point per hour for each hour, with a maximum of five points.
(2) 
Courses of 20 to 45 hours' duration: one point per hour for each hour over initial 20 hours, with a maximum of 10 points.
(3) 
Courses over 45 hours' duration: 15 points per course.
B. 
Drills: maximum of 24 points.
(1) 
Two LOSAP-sanctioned drills per month with a minimum length of two hours, one point per drill.
C. 
Sleep in or standby: maximum of 20 points.
(1) 
Sleep in: one point per night.
(2) 
Standby (minimum four hours): one point.
D. 
Elected or appointed positions: maximum of 25 points.
(1) 
Elected position where a ballot is cast: 25 points.
(2) 
Appointed positions by the President or Chief: 10 points.
E. 
Attendance at meetings: maximum of 24 points.
(1) 
Monthly meetings: one point per meeting.
(2) 
Any official fire company or ambulance squad committee meeting: one point per meeting.
(3) 
Any other meetings sanctioned by the President: one point per meeting.
F. 
Department responses.
(1) 
One LOSAP point per percentage point of fire calls.
(2) 
Ambulance all call: one point for each call.
(3) 
Ambulance duty crews: 7.5% of total calls.
(a) 
Maximum of 25 points.
(b) 
All or nothing.
G. 
Miscellaneous activities: maximum of 20 points.
(1) 
Any activity approved by the Chief, Squad, Captain or President (i.e., funerals, equipment maintenance, building maintenance, Township parades, fire prevention, etc.)
H. 
Credit for years of service: maximum of 50 points.
(1) 
One LOSAP point for each year of service. Must be an exempt member of either the New Jersey Fireman Relief Association or by the standards set forth by the Monroe Township Ambulance Association in order to qualify for this credit.
A. 
Every year, the emergency service organizations, through their coordinator appointed by the respective organization, must certify to the Administrator of this program an annual list of all volunteer members who have qualified for credit under the LOSAP program for the previous year.
B. 
Upon receipt of the certification, the Administrator will conduct a review and approve the final certification.
C. 
If the governing body has any questions concerning the eligibility of any individual, the governing body may request supplemental documentation from the emergency service organization.
D. 
The emergency service organization must maintain all required records on forms prescribed by the requirements of the LOSAP program.
A. 
An active volunteer member whose name does not appear on the approved certification list or who is denied credit for prior service may appeal to the respective organization within 30 days of the posting of the list or within 30 days of denial of past service credit. The appeal must be in writing and mailed to the president of the organization. The president must investigate the appeal, which is subject to review by the local organization LOSAP coordinator. Once the 30 days have elapsed and if no appeals are filed, payment shall be made by the Township to the LOSAP recipients. In the event a LOSAP recipient does not agree with the results of the appeal within the organization, he or she may appeal to the Township LOSAP Administrator. Said appeal must be filed in writing within 10 days of receipt of the departmental decision. Any appeals filed with the Township LOSAP Administrator must, upon notice to the appealing party, conduct a hearing within 30 days of receipt of the appeal.
A volunteer may request, in writing, to have his or her name deleted from the list as a participant in the LOSAP program and will remain as a nonparticipant until the request is similarly withdrawn.
A. 
Retirement. The volunteer retires from the LOSAP program so long as the volunteer has met vesting requirements.
B. 
Death. A death benefit will be paid to the volunteer's beneficiary(s).
C. 
Financial hardship. A retirement plan may, but is not required to, provide for hardship distributions for unforeseeable emergencies. An unforeseeable emergency is a severe financial hardship resulting from an illness or accident, loss of property due to casualty, or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the participant beneficiary. Examples of events that may be considered unforeseeable emergencies include imminent foreclosure on, or eviction from, the volunteer's home, medical expenses, and funeral expenses. The purchase of a home and the payment of college tuition are not unforeseeable emergencies.
D. 
Disability. If the volunteer has met vesting requirements.
E. 
Separation from volunteer service if the volunteer has met vesting requirements. Funds may be transferred to another LOSAP account or can be withdrawn from the account. The volunteer will need to contact the LOSAP contractor for more specific details regarding early withdrawal fees and/or penalties.
F. 
If in the event a volunteer terminates his/her association with the emergency service organization and withdraws funds awarded, but returns a year or more later and once again becomes an active volunteer of the emergency service organization, he or she may participate in LOSAP; however, he or she must begin a new vesting track. No credit for prior years of service will be given.
This article shall not take effect unless it is approved by the voters at the next general election.
[1]
Editor's Note: This article was approved by the voters at the election held 11-7-2000.