[HISTORY: Adopted by the County Council of
Talbot County 3-26-2002 by Bill
No. 857; amended in its entirety 5-23-2017 by Bill No. 1357. Subsequent
amendments noted where applicable.]
As used in this chapter, the following definitions apply:
A person who has accumulated a minimum of 50 points per calendar
year, in accordance with the point system set forth in this chapter.
The Director of Emergency Services for Talbot County.
A.
There is hereby established a Volunteer Emergency
Services Longevity Award Program for qualified active volunteer members
of the County volunteer fire departments or companies or ambulance
corps or any volunteer fire company receiving contributions from the
County.
B.
Any person who has served as a member of a County
volunteer fire department or company or ambulance corps or volunteer
fire company receiving contributions from the County shall be eligible
to receive benefits hereinafter set forth, provided that:
(1)
The person is certified, in accordance with the provisions
of this chapter, to have served as an active volunteer subsequent
to January 1, 2002; provided, however, that a person in active service
prior to January 1, 2002, shall receive credit for prior years of
service as certified by the department for which said service was
performed and approved by the Director.
(2)
Any person who completes 25 years of certified service
and has not attained the age of 62 shall be qualified. They will become
eligible for monthly benefits upon reaching the age of 62, provided
that they are certified as having performed qualified service for
each of the 25 years of prior service claimed. After January 1, 2002,
a person must accumulate the proper number of points needed to qualify.
After a person is qualified and certified, failure to remain active
or to maintain membership in a fire department or company or ambulance
corps will not disqualify or otherwise affect any person from receiving
benefits at the age of 62.
C.
Paid members of the fire department or company or
ambulance corps shall not be eligible to earn point credits for any
time or activities for which they are otherwise compensated. No credit
shall be given for volunteer service other than for service to Talbot
County fire departments or companies or ambulance corps.
A.
After March 30, 2002, any person who has reached the
age of 62 and who has completed a minimum of 25 years of certified
active volunteer service with any County volunteer fire department
or company or ambulance corps shall receive monthly benefits in the
amount of $100 per month for life or in such an amount as set in the
County budget.
B.
The Director shall administer the program. Payments
shall be administered by the Director of Finance and shall be made
directly to the volunteer entitled to such benefits.
C.
Benefits shall be paid quarterly, with payments being
made on or after the last day of each quarter.
A.
In the event that any active volunteer becomes disabled
during the course of service described in the applicable provisions
of Md. Code Ann., Labor and Employment Art., Title 9, as amended from
time to time, and such disability prevents the volunteer from pursuing
their normal occupation and the disability is of a permanent nature
as determined and certified by the State Workers' Compensation Commission,
the volunteer is entitled to receive full service benefits as above
described and any such benefits as they may be entitled to, regardless
of their age or length of service. These benefits shall begin on the
first day of the first month following the establishment of the determination
of the permanent disability and shall remain in effect as long as
the permanent disability exists. This subsection shall not be applicable
to any volunteer not insured either by the County or any other department
or company or ambulance corps workers' compensation insurance carrier.
B.
In the event that any volunteer is fatally injured
or dies as a result of performing the services described in the Labor
and Employment Article, § 9-234, Annotated Code of Maryland,
as amended from time to time, their spouse shall be entitled to full
service benefits as above provided. These benefits shall commence
on the first day of the first month after the death and shall terminate
upon death or remarriage of the spouse.
C.
In the event that a qualified volunteer fireman or
member of the ambulance corps dies, a death benefit of $5,000 shall
be payable to such person or entity as the deceased may have designated,
in writing, to the Director prior to death. In the event that no designation
was made, said amount shall be paid to the estate of the deceased.
Claims shall be presented to the Director and shall be documented
by a death certificate or such other evidence as the Director may
require.
Periodically, the Director and the Director
of Finance shall review the benefits prescribed in this chapter, and
such review may result in a recommendation to increase or decrease
these benefits. Revised benefits, subject to approval of the County
Council through the budget process, shall be effective on the first
pay period in the new fiscal year.
A.
It is the responsibility of each participating volunteer
fire department or company or ambulance corps to maintain detailed
and accurate records for each volunteer member on forms prescribed
by the Talbot County Volunteer Fire and Rescue Association as approved
by the Director and Director of Finance.
B.
Beginning June 1, 2002, and each June 30 thereafter,
the Board of Directors of each volunteer fire department or company
or ambulance corps shall furnish the Director with a statement under
oath certifying all volunteers of the department or corps who have
qualified for credit for the previous years. Each statement shall
contain all members' ages and previous credits earned and other information
as shall be required by the Director, the Director of Finance, or
the County Manager.
C.
Upon receipt of this statement, the Director shall
review the list of each department or corps. After the Director approves
the certified list, he shall forward a copy of each approved list
to the respective fire department or company or ambulance corps by
August 1 of each year. These lists shall be posted in a conspicuous
place within each fire department or company or ambulance corps building
for a period of not less than 30 calendar days. The posting date and
the date of expiration of the 60 calendar days for a right of appeal
shall be noted on all approved lists.
D.
A person whose name does not appear on the certified
list or who is denied credit for services prior to January 1, 2002,
has the right of appeal within 60 calendar days of the posting.
E.
The request for an appeal hearing shall be in writing
and addressed to the Director, who shall make the final decision.
The Director shall conduct the hearing within 60 calendar days after
the posting expires but not less than 10 calendar days after notifying
the appellant of the date.
F.
Fifteen calendar days after all appeal hearings, if
necessary, but no later than January 1, the Director shall submit
to the Director of Finance of the County a statement under oath, certifying
all volunteers of the fire department or company or ambulance corps
who have qualified during the current year and those eligible for
benefits under this chapter on forms prescribed by the County.
G.
It shall be the responsibility of the Director to
submit a statement under oath of any benefits to be paid, including
prompt notification of termination.
H.
Any volunteer eligible for benefits under this chapter
may elect to receive the benefits; however, if they are receiving
benefits, they shall not be eligible to receive any other volunteer
service benefits offered by another jurisdiction without withdrawing
from the County's program. No person shall be ineligible as a result
of receiving benefits from any fire department or company or ambulance
corps within Talbot County.
I.
The burden shall be upon the eligible volunteer to
make a claim for benefits, and no benefits shall be paid for which
a claim is not made within 12 months of eligibility for said payment.
J.
A decision by the Director to deny benefits may be
appealed to a committee consisting of the County Personnel Director,
County Finance Director and County Manager. The appeal committee shall
hold a hearing and receive evidence in the presence of the appellant
prior to rendering a decision.
In order to qualify for the benefits pursuant
to this chapter, points shall be credited to each volunteer in accordance
with the following standards:
A.
One point shall be credited for every three hours
of attendance in a recognized County-approved training course, provided
that not more than 20 points may be credited for all training courses
attended per year.
B.
One point shall be credited for each company or County
drill attended in its entirety, provided that not more than 25 points
may be credited for all drills attended per year.
C.
One point shall be credited for each official company
or County meeting pertaining to the County fire services or rescue
services attended, provided that not more than 15 points may be credited
for all meetings attended per year.
D.
One point shall be credited for each call to which
a volunteer responds, provided that not more than 40 of the required
points may be credited for all calls responded to per year.
E.
Twenty points shall be credited for completion of
a one-year term as an appointed or elected officer in any of the fire
or rescue service organizations of the County, or the Volunteer Firemen's
Association, provided that not more than one office shall be counted
in any calendar year.
F.
One point shall be credited for every three hours
of acceptable collateral duties, approved by the Director, such as,
but not limited to, apparatus and building maintenance, official standby
and fire prevention or fund-raising details, provided that not more
than 20 points may be credited for all collateral duties performed
per year.
G.
A volunteer member who serves or has served full-time
military service in the Armed Forces of the United States shall receive
credit at the rate of five points for each month served, provided
that not more than 50 points can be credited for the calendar year.
A maximum of two years of creditable service may be acquired in this
manner.
H.
A person shall be eligible to earn points only while
said person is a resident of Talbot County. A person need not be a
Talbot County resident to receive benefit payments.
A.
In order to provide credit for service prior to January
1, 2002, the fire department or company or ambulance corps shall review
its past and present membership rosters to determine the number of
years of credit to which each member or past member is entitled. In
making this analysis, the standards for active service shall be used
as guidelines. Approval for service shall be certified by the Board
of Directors of each fire department or company or ambulance corps
and shall be subject to final review and approval by the Director.
If a volunteer member has service in more than one County fire department
or company or ambulance corps in Talbot County, that person shall
receive credit for the service in each organization, provided that
not more than one year's credits may be granted for each calendar
year of volunteer service.
B.
In the event that sufficient records are unavailable
to prove service prior to January 1, 2002, the certification may be
made by a fire department or company or ambulance corps after thorough
investigation based on the best information, knowledge and belief
of the Board of Directors of the respective fire department or company
or ambulance corps, subject to the review and approval of the Director.
A.
The Volunteer Emergency Service Longevity Award Program
pension benefits program shall be funded as may from time to time
be provided in the Annual Budget and Appropriation Ordinance of the
County Council.
B.
In lieu of direct funding, the County Council may
from time to time purchase a benefits program from an insurance or
annuity company, financial institution or other private vendor to
provide some or all of the benefits described above.
There is hereby created a Volunteer Emergency
Services Longevity Award Fund, which may accrue interest and shall
continue from year to year.
