Borough of Wallington, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Wallington 7-22-2004 by Ord. No. 2004-07. Amendments noted where applicable.]
GENERAL REFERENCES
Emergency Squad — See Ch. 35.
Fire Department — See Ch. 49.

§ 80-1 Creation of program; purpose.

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 Wallington Fire Department and the Wallington Emergency Squad, all of who are volunteer firefighters and/or emergency squad members, for their loyal, diligent and devoted services to the residents of the Borough of Wallington.
[1]
Editor's Note: See N.J.S.A. 40A:14-183 et seq.

§ 80-2 Plan for contributions; administration.

The LOSAP shall provide for fixed amount contributions to a deferred income account for each volunteer member that meets the criteria set forth in Schedule A; such contributions shall be made in accordance with a plan that shall be established by the Borough of Wallington pursuant to P.L. 1997, c. 388; and such plan shall be administered in accordance with the laws of the State of New Jersey, the U.S. Internal Revenue Code, and this chapter.

§ 80-3 Eligibility criteria.

A. 
The LOSAP shall provide for annual contributions to each eligible member that meets the criteria as follows:
[Amended 1-22-2009 by Ord. No. 2009-03]
(1) 
Volunteer fire company members are required to earn 25 to 165 points for a member to be eligible for annual contribution. (See Schedule A[1]).
[1]
Editor's Note: Schedule A, as amended, is on file in the Borough office.
(2) 
Volunteer emergency squad members are required to earn 60 to 100 points for a member to be eligible for annual contribution. (See Schedule B[2]).
[2]
Editor's Note: Schedule B, as amended 2-16-2012 by Ord. No. 2012-2, is on file in the Borough office.
B. 
Five years of service is required for vesting.
C. 
The maximum annual contribution of $1,150, plus consumer price index each year, per eligible member.

§ 80-4 Estimated cost.

The estimate cost of the program has been calculated as follows:
A. 
For regular annual services for the Fire Department: $103,500 per year.
B. 
For regular annual services for the Emergency Squad: $46,000 per year.

§ 80-5 Limitation.

There will be no contributions given for prior years of service.

§ 80-6 Approval by voters required.

This chapter shall not take effect unless it is approved by voters as a public question at the next general election.[1]
[1]
Editor's Note: The ordinance was approved at referendum on November 4, 2004.

§ 80-7 Special situations.

[Added 7-31-2014 by Ord. No. 2014-11]
A. 
Line-of-duty death. For purposes of applying any provisions in this section, the determination of a line-of-duty death shall be determined in the manner specified herein. When a Fire Department or Emergency Squad member dies in a manner consistent with their duty during or related to an official function, the chief officers of that agency shall notify their respective commissioner or council liaison of the occurrence. Supporting documentation relating to the causation and manner of death shall be consulted by those parties for the purpose of making a recommendation to the Mayor and Council of the Borough of Wallington. At a public meeting of the governing body, a resolution stipulating to line-of-duty death shall be introduced along with the recommendation of the commissioner or council liaison. The officers and members of any eligible organization shall be afforded an opportunity to be heard prior to a vote on the resolution. Passage of the resolution by the Mayor and Council of the Borough of Wallington shall entitle the deceased member and their designated survivors to the benefits and award(s) specified in this chapter.
(1) 
A member who is determined to be a line-of-duty death in accordance with this section shall be considered vested under this chapter regardless of actual time served with an eligible organization.
(2) 
A member shall receive all benefits and award(s) under this program including the calendar year when death occurred.
(3) 
A member who is determined to be a line-of-duty death in accordance with this section and is the parent to one or more juvenile children shall continue to receive full award(s) under this program each year until all children have reached 21 years of age. These continued contributions shall remain on deposit at the provider for purposes of funding education and continued prosperity for all affected dependents.
B. 
Active member death. For purposes of applying any provisions in this section, the determination of an active member death shall be determined in the manner specified herein. When a Fire Department or Emergency Squad member dies outside their duty, the chief officers of that agency shall notify their respective commissioner or council liaison of the occurrence. Supporting documentation shall be consulted by those parties for the purpose of making a recommendation to the Mayor and Council of the Borough of Wallington. At a public meeting of the governing body, a resolution stipulating to the active member death shall be introduced along with the recommendation of the commissioner or council liaison. The officers and members of any eligible organization shall be afforded an opportunity to be heard prior to a vote on the resolution. Passage of the resolution by the Mayor and Council of the Borough of Wallington shall entitle the deceased member and their designated survivors to the benefits and award(s) specified as follows:
(1) 
A member who is determined to be a death outside their duty in accordance with this section shall be considered vested under this chapter regardless of actual time served with an eligible organization.
(2) 
A member shall receive all benefits and award(s) under this program including the calendar year award when death occurred.
C. 
Line-of-duty injury. A member of the Fire Department or Emergency Squad who becomes injured while in the performance of duty at any official function that prohibits a return to active duty shall be given vested status regardless of actual time served with an eligible organization. The member will receive all benefits and award(s) under this chapter including the current calendar year and succeeding years thereafter when the injury occurred.
D. 
Military service call to active duty. When a member of the Fire Department or Emergency Squad who is called to active duty in the U.S. Army, U.S. Navy, U.S. Air Force, U.S. Marines, U.S. Coast Guard, New Jersey National Guard, or other U.S. military organization shall be entitled to the following benefits:
(1) 
Members shall continue to receive LOSAP service credit for time towards vesting and awards from the time they are initially activated until discharged from active duty or service to their primary residence.
(2) 
Members who are declared missing in action or given prisoner of war status shall continue to receive all benefits and award(s) under this section until they are safely returned and discharged from duty or until they become eligible under Subsection E, Death while on active military duty, or Subsection F, Disabling injury while on active military duty.
E. 
Death while on active military duty. A member of the Fire Department or Ambulance Corps who is killed while on an active duty assignment with any of the military or service organizations listed above shall be given vested status regardless of actual time served with an eligible organization. Members will be entitled to all award(s) under this chapter during their active duty period described above including the current calendar year when death occurs. For purposes of this section, a member does not have to specifically receive KIA status by a military command authority and will also receive the benefits described herein if their death is not deemed battle-connected but occurred while on an active duty station.
F. 
Disabling injury on active military status. A member of the Fire Department or Emergency Squad who becomes injured while on active duty and is discharged from military service shall receive all benefits and award(s) specified in Subsection D, Military service call to active duty. If such injury prevents the member from returning to active service with the Fire Department or Emergency Squad, the member shall be considered vested under this chapter regardless of actual service years.
G. 
Junior Fire Department. A member of the Wallington Fire Department or Wallington Emergency Squad who has junior status is not eligible for any benefits under the LOSAP program. Monetary payments and service time towards vesting shall not be given while any member is on junior status. Junior members who become of the required age and achieve active membership in the Wallington Fire Department and Emergency Squad will be afforded all benefits and opportunities under this chapter upon entering into active membership.
H. 
Jury duty. Members who are called for jury duty shall continue to receive service time while they are either called to jury service or may become seated on a case. Members shall be relieved of qualifying for LOSAP (i.e., marked excused) during the time period they are initially summonsed until dismissed by a presiding judiciary official, and their absence at official functions shall not penalize their award(s) under this chapter. A Fire Department or Emergency Squad Officer may require supporting documentation when members make a claim under this section.
I. 
Reinstatement. When a member of the Fire Department voluntarily severs service and they have not achieved vested status in the LOSAP, the monies currently on deposit shall not immediately be returned to the sponsor agency but instead remain on deposit for no less than 18 months at the provider. Under the Fire Department regulations, a member may apply for reinstatement within one year of a voluntary resignation, and such reinstatement shall also include prior eligible service and monies previously on deposit. A member seeking to apply this section through reinstatement is not eligible for any monetary benefit or service credit during the time period while service was severed.
J. 
Financial hardship while an active member. Members who are vested in the LOSAP may make full or partial withdrawal from their account based on the existence of a personal financial hardship. Members seeking to apply this section must receive an endorsement from either the Wallington Fireman's Relief Association or suitable review board within the Wallington Emergency Squad. Any early withdrawal penalties or fees are the responsibility of the individual member. If the entire account value is withdrawn, the member is permitted to reenter the LOSAP but cannot achieve vested status until serving a full five eligible years.