[HISTORY: Adopted by the Mayor and Council of the Borough of Bergenfield 8-19-1991 by Ord. No. 2243; amended in its entirety 5-17-2011 by Ord. No. 11-2438. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 17, Art. III.
Volunteer Ambulance Corps — See Ch. 73.
ATTACHMENTS
Schedule A: Fire Department Annual Service RequirementsSchedule B: Volunteer Ambulance Corps Annual Service Requirements
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 fighters and ambulance corps members for their loyal, diligent, and devoted services to the residents of the Borough of Bergenfield.
[1]
Editor's Note: N.J.S.A. 40A:14-183 et seq.
The LOSAP shall provide for a fixed annual award to a 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 Bergenfield pursuant to P.L. 1997, c.388,[1] 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 chapter.
[1]
Editor's Note: N.J.S.A. 40A:14-183 et seq.
A. 
The LOSAP shall provide for an annual award to each eligible member that meets the criteria as follows:
(1) 
Achieves minimum service levels to be eligible for an annual award.
(2) 
The annual award shall be no less than $600 and no more than $1,150 per eligible member.
(3) 
The annual award shall be adjusted based on the Consumer Product Index (CPI) as published each year by the Director of the Division of Local Government Services within the NJ Dept of Community Affairs.
B. 
Effective January 1, 2010, all prior service credit provisions of this LOSAP are deleted and all future annual awards will be made at the amount specified in Subsection A with the exception of Subsection A(3), which will be effective for any awards made after September 1, 2010.
Each active volunteer member shall be credited for one year of volunteer service provided to the volunteer fire company / ambulance corps in accordance with the following schedule (for each twelve-month period starting January 1 until December 31 of any year):
A. 
Fire Department–See Schedule A.
B. 
Ambulance Corps–See Schedule B.
A member of the Bergenfield Fire Department who has Junior status is not eligible for any benefits under this chapter. 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 Bergenfield Fire Department will be afforded all benefits and opportunities under this chapter upon entering into active membership.
Members who are called for jury duty shall continue to receive service time and attendance credits while they are either called to jury service or may become seated on a case. Members shall be relieved of qualifying for LOSAP 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 Ambulance Corps Officer may require supporting documentation when members make a claim under this section.
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.
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 Ambulance Corps 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 Bergenfield. 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 Bergenfield shall entitle the deceased member and their designated survivors to the benefits and award(s) specified in this chapter.
A. 
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.
B. 
A member shall receive all benefits and award(s) under this chapter including the calendar year when death occurred.
C. 
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 chapter 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 effected dependants.
A member of the Fire Department or Ambulance Corps 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 when the injury occurred.
Members of the Fire Department or Ambulance Corps 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, NJ National Guard, or other U.S. military organization shall be entitled to the following benefits:
A. 
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.
B. 
Members who are declared missing in action or given prisoner of war status shall continue to receive all benefits and award(s) under this chapter until they are safely returned and discharged from duty or until they become eligible under § 42-12 or § 42-13.
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 in § 42-11 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 in § 42-11 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.
A member of the Fire Department or Ambulance Corps who becomes injured while on active duty and is discharged from military service shall receive all benefits and award(s) specified in § 42-11. If such injury prevents the member from returning to active service with the Fire Department or Ambulance Corps the member shall be considered vested under this chapter regardless of actual service years.
Members of the Fire Department or Ambulance Corps that have served in another NJ-based volunteer emergency service organization may apply that service time towards vesting under this chapter. Verification of prior service shall be provided by the member in the form of a signed letter from the Chief or other ranking officer indicating the dates of service, satisfactory level of participation, and favorable status upon severance. Persons who are not able to provide such documentation or did not sever prior service under favorable conditions are not eligible for applying prior service towards vesting.
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 Bergenfield Fireman's Relief Association or suitable review board within the Bergenfield Volunteer Ambulance Corps. 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.