[A new plan, enacted with an effective date of July 1,
1986, is on file in the Town Clerk's office.]
In recognition of the particular problems and unusual risks
attendant upon fire-fighting duties undertaken by members of the several
companies and their chief officers of the East Haddam Volunteer Fire
Department; and in recognition that the enactment of an ordinance
authorizing the Board of Fire Commissioners and the Board of Selectmen
to enter into a contract for such services and directing that such
payments be devoted exclusively to the establishment of a plan which
confers benefits upon active volunteer firefighters following retirement
would act as an inducement in attracting and retaining superior personnel
and in recognition that the public interest, safety and welfare will
be promoted by the authorization of such a contract and incentive
plan, the Board of Selectmen, in order to give practical effect to
this policy, hereby adopts the following article.
Pursuant to §§ 7-148(c)(2), 7-194(43) and 7-301
of the Connecticut General Statutes, the East Haddam Board of Selectmen
hereby authorizes the Board of Fire Commissioners and the Board of
Selectmen to enter into a contract for an indefinite term with the
several companies and the chief officers of the East Haddam Volunteer
Fire Department for the purposes of providing the Town of East Haddam
with fire protection services in consideration for an annual payment,
the amount of which shall be determined annually by the plan administrator,
said contract to provide, inter alia:
A. That such annual sum be paid into the Volunteer Firefighters' Incentive
Plan, as established herein, to be used exclusively for the purpose
of funding an incentive plan for the benefit of the members of the
several companies and the chief officers of the East Haddam Volunteer
Fire Department;
B. That the amount of such annual sum be determined each year by the
funding estimated to be required to offset the future benefits liability
incurred for each firefighter computed at the rate stated in the plan
document;
C. That said incentive plan, upon adoption by the Board of Selectmen,
shall be incorporated in and become an integral part of said contract;
D. That said plan and the benefits provided thereunder shall be made
available to volunteer members of the several companies and the chief
officers of the East Haddam Fire Department in accordance with such
criteria as the plan prescribes;
E. That said plan and the benefits provided thereunder shall be retroactively
effective as to members of the several companies and the chief officers
of the East Haddam Volunteer Fire Department who would have qualified
thereunder as of July 1, 1990;
F. That said incentive plan be administered by the plan administrator
as defined in the plan;
G. That said plan and Town payments into the incentive plan shall automatically
terminate at such time as one or more of the several companies of
the East Haddam Volunteer Fire Department cease to be organizations
composed of volunteer firefighters who are unpaid for their fire-fighting
services except for chief officer stipends, special payments for fire
watches, forest firefighting and training exercises, and reimbursements
for losses of personal property. Said termination shall occur when
any form of compensation, such as but not limited to reimbursement
for personal automobile usage (mileage allowance) for time on fire-fighting
duty, and for per-call compensation, is instituted. It may otherwise
be terminated by either of the parties upon 180 days' written notice
of such intention to terminate;
H. That in the event of the termination of said incentive plan, the
balance on hand in said plan at the time of such termination, except
for the reasonable costs of administration and any funds which may
be required for the payment of benefits which may have accrued or
vested at the time of such termination, shall revert back to the Town
of East Haddam, and neither the several companies and the chief officers
of the East Haddam Fire Department nor any member thereof shall have
any claim upon such balance; and
I. That said incentive plan, together with any amendments thereto, shall
be consistent with the terms of this article.
The adoption of this article shall constitute a specific delegation
to the plan administrator, pursuant to the Board of Selectmen, to
accept the responsibilities of and to perform the duties involved
in the administration of said incentive plan.
Inasmuch as the services which are the subject of the contract
herein described are of a hazardous and unique character and directly
affect the public health, safety and welfare, competitive bidding
requirements are hereby determined to be unnecessary and not for the
best interests of the Town, and said competitive bidding requirements
are therefore waived.
[Added 12-28-2011]
The only individuals who are eligible to receive a benefit from or participate in the Volunteer Firefighters' Incentive Plan established by §§
84-1 through
84-4 of this article (the "incentive plan") are those individuals who were eligible to receive a benefit from or participate in the incentive plan on December 31, 2011, or who had a vested benefit under said incentive plan on December 31, 2011. Individuals who become members of the East Haddam Volunteer Fire Department after December 31, 2011, shall not be eligible to receive a benefit from or participate in the incentive plan with regard to volunteer services performed by such individuals for the East Haddam Volunteer Fire Department after December 31, 2011. All plan documents for the incentive plan are hereby amended to incorporate the provisions of this §
84-5.