[HISTORY: Adopted by the Mayor and Council of the Borough
of Wallington 7-22-2004 by Ord. No. 2004-07. Amendments noted
where applicable.]
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.
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.
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]
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.
The estimate cost of the program has been calculated as follows:
There will be no contributions given for prior years of service.
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.
[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.
