[HISTORY: Adopted by the Township Council
of the Township of Monroe as indicated in article histories. Amendments
noted where applicable.]
[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.
ACTIVE VOLUNTEER MEMBER
YEARS OF ACTIVE SERVICE (YEAR)
As used in this article, the following terms shall have the meanings
indicated:
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:
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.
B.
Drills: maximum of 24 points.
(1)
Two LOSAP-sanctioned drills per month with a minimum length of two
hours, one point per drill.
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.
