[HISTORY: Adopted by the Mayor and Council of the Borough of Prospect Park as indicated in article histories. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Schedule A, Prospect Park Volunteer Fire Department, Length of Service Award Program, LOSAP Point SystemAttachment 2 - Schedule B, Prospect Park Volunteer Fire Department, Length of Service Award Program, Miscellaneous ActivitiesAttachment 3 - Schedule A, Emergency Ambulance Association, LOSAP and Members In Good Standing Point System
[Adopted 6-26-2000 by Ord. No. 5-2000 (Ch. 8, Art. II, of the 1974 Code)]
A Length of Service Awards Program (LOSAP) is herewith created in accordance with Chapter 388 of the Laws of 1997,[1] to reward members of the volunteer Fire Department for their loyal, diligent, and devoted services to the residents of the Borough of Prospect Park.
[1]
Editor's Note: See N.J.S.A. 40A:14-183 et seq.
The LOSAP shall provide for fixed annual contributions to a tax deferred income account for each volunteer member that meets the criteria set forth below; that such contributions shall be made in accordance with a plan that shall be established by the Borough of Prospect Park pursuant to P.L. 1997, c. 388 (N.J.S.A. 40A:14-183 et seq.); and that such plan shall be administered in accordance with the laws of the State of New Jersey, the U.S. Internal Revenue Code, and this article.
The LOSAP shall provide for annual contributions to each eligible member that meets the criteria as follows:
A. 
One hundred points in a calendar year are required for a member of the Volunteer Fire Department to be eligible for an annual contribution.
B. 
Five years of service are required for vesting.
C. 
The annual contribution shall be $1,167 per eligible member.
[Amended 6-26-2017 by Ord. No. 2017-6]
The estimated cost of the program has been calculated as follows:
A. 
For regular annual services: $40,250 per year.
Each active volunteer member shall be credited with points for volunteer service provided to the Volunteer Fire Department in accordance with the following Schedules A and B which are attached hereto and made a part hereof and incorporated herein by reference:
A. 
Fire Department: see Schedules A and B.[1]
[1]
Editor's Note: Said schedules are included as attachments to this chapter.
In accordance with N.J.S.A. 40A:14-191, the Fire Chief shall furnish to the Municipal Council an annual certifications list, certified under oath, of all volunteer members, which shall identify those active volunteer members who have qualified for credit under the award program for the previous year. Except for medical leave due to an injury sustained in the line of duty, any excusal or leave of absence in excess of three months shall disqualify the member from eligibility for a credit for that year. This list shall be submitted annually. Notwithstanding the provisions of this section, a volunteer member may request that the member's name be deleted from the list as a participant in the Length of Service Award Program. A request for deletion shall be in writing and shall remain effective until withdrawn in the same manner.
The Municipal Council shall review the annual certification list furnished by the Fire Chief and be posted for at least 30 days for review by members. The Fire Chief shall provide any information concerning the annual certification list that the Municipal Council shall require as part of its review.
An active volunteer member whose name does not appear on the approved certification list may appeal within 30 days of posting of the list. The appeal shall be in writing and mailed to the Municipal Clerk. The Municipal Council shall investigate the appeal and render a decision regarding the appeal. The decision of the Fire Chief or that of the Municipal Council regarding the approved certification list shall be subject to appropriate judicial review.
This article shall not take effect unless it is approved by voters as a public question of the next general election.[1]
[1]
Editor's Note: This article was approved by the voters of the Borough of Prospect Park at the November 7, 2000, general election.
[Adopted 8-21-2006 by Ord. No. 2006-19]
A defined contribution program known as a "Length of Service Award Program (LOSAP)" is hereby established pursuant to N.J.S.A. 40A:14-183 et seq. for the benefit of the active volunteer members of the emergency service organization known as the "Haledon Emergency Ambulance Association."
The program shall provide for annual contributions to a deferred income account for each active volunteer member of the aforesaid emergency service organization that meets the criteria set forth below, such contribution being made in accordance with the plan established by the Borough of Prospect Park pursuant to N.J.S.A. 40A:14-183 et seq., such plan being administered in accordance with the laws of the State of New Jersey, this article and any applicable rules of the Internal Revenue Service. The Mayor and Borough Council of the Borough of Prospect Park shall sponsor a responsible fiduciary for the administration of said plan and the investment of and accounting for the funds maintained hereunder.
The proposed estimated total amount to be budgeted for the program, based upon current membership, shall be $18,200.
A. 
The proposed maximum annual Borough contribution for an active volunteer shall be $1,365
B. 
Subsequent to the adoption of the within program, the maximum contribution may be increased from time to time by application by the consumer price index factor as provided by state statute.
C. 
The proposed minimum annual Borough contribution for an active volunteer member shall be calculated in accordance with the schedules set forth hereinbelow but in no event shall be less than $100, provided the member qualifies as an active volunteer member accumulating at least 25 points for the year.
An active volunteer member shall be eligible to participate in the Length of Service Award Program immediately upon the commencement of the active volunteer member's performance of active emergency services in the Haledon Emergency Ambulance Association. Members who have accumulated a minimum of five years of qualified service, or five years of previous service with the Haledon Emergency Ambulance Association, shall be able to withdraw the deposited funds at any time in accordance with current IRS rules and New Jersey State laws. In the event of the death of a volunteer member who has accumulated five years or more of qualified service, contributions made to the member's account shall be distributed to the member's immediate family in accordance with current IRS rules and New Jersey State laws.
A year of active emergency service commencing after the establishment of the program shall be credited for each calendar year in which an active volunteer member accumulates at least 25 points that are granted in accordance with the following schedules. Annual contributions shall be made to each eligible member in accordance with Schedule A attached hereto and incorporated by reference.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
The crediting of points for prior years service shall be solely in accordance with the above schedule. The determination of the number of years credit for each participant shall be made in accordance with the provisions of the state statutes. In no event shall the total amount exceed the maximum amount allowed by law.
In computing points or credit for those active volunteer members who also serve as paid employees within a local government unit of the state, points or credit shall not be given for activities performed during the individual's regularly assigned work schedule.
The emergency service organization shall maintain all required records on forms prescribed by the requirements of the service award program and shall comply with all statutory provisions concerning the Length of Service Award Program. Each year the participating emergency service organization shall furnish to the Municipal Clerks of Haledon, North Haledon and Prospect Park an annual certification list, certified under oath, of all volunteer members, which shall identify those active volunteer members who have qualified for credit under the award program for the previous year. A volunteer member may request, in writing, that the member's name be deleted from the list as a participant in the program in accordance with state statute. Each governing body of the respective Boroughs being served by the Haledon Emergency Ambulance Association shall review the annual certification list and approve the final annual certification. The approved list of active volunteer members shall then be returned to each participating emergency service organization and posted for at least 30 days for review by members. The emergency service organization shall provide any information concerning the annual certification list that the Borough shall require as part of its review.
All records shall be maintained and updated on a monthly basis by the emergency service organization, which shall be submitted on a monthly basis to the certified Financial Officer and/or Treasurer of the Borough of Haledon, North Haledon and Prospect Park.
This article shall not take effect unless it is approved by the voters as a public question at the next general election and, if approved, shall be implemented on January 1, 2007.