[HISTORY: Adopted by the Township Committee of the Township of Manalapan 6-26-2002 by Ord. No. 02-20. Amendments noted where applicable.]
A length of service awards program (hereinafter referred to as LOSAP) is hereby created in the Township of Manalapan in accordance with Chapter 388 of the Laws of 1997 of the State of New Jersey (N.J.S.A. 40A:14-183 et seq.) and N.J.A.C. 5:30-14.1 et seq. to reward the members of the Englishtown - Manalapan First Aid Squad all of whom are volunteer first aid squad members for their loyal, diligent and devoted service to the residents of the Township of Manalapan.
The definitions as provided in N.J.A.C. 5:30-14.1 are hereby included in this chapter as if cited in full or as complemented by the following:
- ACTIVE EMERGENCY SERVICE
- Participation in the affairs of the Englishtown - Manalapan First Aid Squad in accordance with the by-laws established by the Squad and applied on a consistent and uniform basis and in accordance with the eligibility system as identified in Appendix A to this chapter.
- EMERGENCY SERVICE ORGANIZATION
- The Englishtown - Manalapan First Aid Squad, a duly incorporated volunteer first aid, emergency and volunteer ambulance association, located at 11 Sanford Avenue, Englishtown, in the Township of Manalapan
- LOCAL PLAN ADMINISTRATOR
- The Township Administrator of the Township of Manalapan Township.
Editor's Note: Said appendix is included at the end of this chapter.
The Township LOSAP shall provide for the funding of a fixed contribution annual contribution by the Township of Manalapan to a deferred income account for each active volunteer member that meets the criteria set forth in this chapter. Such contributions shall be made in accordance with the requirements of Chapter 388 of the Laws of 1997 of the State of New Jersey (N.J.S.A. 40A:14-183 et seq.) and N.J.A.C. 5:30-14.1 et seq. The plan shall be administered in accordance with the laws of the State of New Jersey, the United States Internal Revenue Code and this chapter. The following provisions shall apply to this plan:
Annual contributions. The annual contribution to be made by the Township of Manalapan for each active volunteer member shall be $1,050 per year of active emergency service commencing with the year 2003. There shall be no contributions for prior years of service. Due to the fact that the Englishtown - Manalapan First Aid Squad also services the Borough of Englishtown, there may be a separate contribution provided by the Borough of Englishtown; however, in no circumstances shall the total amount provided to any active volunteer member exceed the total of $1,150 per year as provided by statute.
Appropriations. Appropriations for the purpose of funding the Township's LOSAP plan shall be included as a separate line item in the Township's budget commencing in the year 2003.
Periodic increases. Notwithstanding the provisions of Subsection A above, the annual contribution to be made by the Township of Manalapan for each of the active volunteer members shall be subject to periodic increases based upon the consumer price index factor pursuant to Subsection f of Section 3 of P.L. 1997, c.388.
Editor's Note: See N.J.S.A. 40A:14-185(f).
Estimated cost. The estimated cost of the LOSAP to the Township of Manalapan has been calculated to be approximately $78,750 per year.
Criteria for eligibility.
An active volunteer member shall be eligible to participate in the LOSAP plan immediately upon commencement of the member's performance of active emergency services in the Englishtown-Manalapan First Aid Squad.
Annual contributions to the deferred income account for each member shall only be made by the Township, however, for those active members who have earned the minimum number of points for performing certain volunteer services basis pursuant to the requirements set forth in Appendix A attached hereto for a twelve-month period.
A volunteer who is an active volunteer member of the Englishtown - Manalapan First Aid Squad and is also a member of a volunteer fire department with a separate LOSAP plan cannot receive more than the maximum annual benefit amount in accordance with N.J.A.C. 5:30-14.15.
In computing credit for those active volunteer members who also serve as paid employees within a local governmental unit, credit shall not be given for activities performed during the individual's regularly assigned work periods.
Determination as to eligibility. The Englishtown - Manalapan First Aid Squad shall provide to the local plan administrator a certified list as to active volunteer members who are initially eligible to participate in the LOSAP as of January 1 of 2003. Annually in January of subsequent years, the Englishtown - Manalapan First Aid Squad shall provide to the local plan administrator a certified list as to active volunteer members who are eligible to participate in the LOSAP for that year having complied with the approved point plan in Appendix A in the prior year. The local plan administrator shall forward said certified list to the Manalapan Township Committee with a copy to the Englishtown Mayor and Council for approval in accordance with the provisions of N.J.A.C. 5:30-14.10. Within 30 days of the receipt of the certified list from the First Aid Squad and any requested clarifications thereto, the Township Committee shall approve the certified list as being accurate and shall return the approved certified list to the Manalapan Township Clerk, Englishtown Borough Clerk, and the Englishtown - Manalapan First Aid Squad for posting. Said approved list shall be posted for a thirty-day period for membership review. Appeals from the decision of the Township Committee shall be governed by N.J.A.C. 5:30-14.11. The decision of the Township Committee as to such active members eligibility shall be binding upon the plan administrator, participants, beneficiaries and any and all other persons having an interest hereunder, subject to appropriate judicial review.
Editor's Note: Said appendix is included at the end of this chapter.
Terms of participation. The plan administrator shall have the right to require any active volunteer member at the time of his or her becoming a participant to agree in writing to be bound by the terms, convenants and conditions of the LOSAP and accompanying trust. Each participant shall furnish to the plan administrator all pertinent information required for the administration of the LOSAP. The plan administrator shall rely upon all such information furnished.
Vesting. The active volunteer member shall not be permitted to receive a distribution of the funds in his or her LOSAP account until the completion of a five-year vesting period.
Termination of service.
Any participant who terminates service as an active volunteer member shall cease to participate hereunder and no contribution shall be made on his or her behalf. A former participant may resume participation immediately upon returning to the service of the Englishtown - Manalapan First Aid Squad as an active volunteer member.
Any active volunteer member who was not fully vested and terminates service with the Englishtown - Manalapan First Aid Squad, and who subsequently returns to service and again becomes a participant shall be treated as a new participant for purposes of eligibility.
Any active volunteer member who was fully vested and terminates service with the Englishtown - Manalapan First Aid Squad, and subsequently returns to service and again becomes a participant shall receive credit for their former years of eligible service and shall resume participation in the same manner as prior to their termination.
Should a volunteer fail to vest or terminates his or her association with the Englishtown - Manalapan First Aid Squad prior to the completion of the vesting period, the funds placed in the LOSAP account on behalf of the volunteer shall retrovert to the Township, not to the volunteer.
This chapter shall not take effect unless it is approved by the voters of the Township of Manalapan as a public question at the next general election.
Editor's Note: The length of service awards program was approved at the general election held 11-5-2002.
Since the Englishtown - Manalapan First Aid Squad provides services in two municipalities, separate LOSAP programs must be established in each municipality using the same point system and benefit plan. Pursuant to state regulations these LOSAP programs will be coordinated through an interlocal agreement to be adopted between the Township of Manalapan and the Borough of Englishtown in which the Township of Manalapan will serve as the lead agency. Said interlocal agreement will provide for a common contractor to implement the established benefit plan.
The following referendum question shall be submitted to the voters of the Township of Manalapan at the next general election in November 2002:
A copy of this chapter and the Emergency Service Volunteer Length of Service Award Act (N.J.S.A. 40A:14-183 et seq.) shall be made available to the public at the Monmouth County Public Library, and shall be kept on file in the Township Clerk's Office.