[HISTORY: Article I adopted by the Township Committee (now
Council) of the Township of Jackson as indicated in article histories.
Subsequent articles adopted by the Township Council as indicated in
article histories. Amendments noted where applicable.]
[Adopted 5-24-2004 by Ord. No. 24-04[1] (Ch. 72, Art. I, of the 1972 Code)]
[1]
Editor's Note: This ordinance passed at referendum 11-2-2004.
A Length of Service Awards Program (hereinafter referred to as "LOSAP") is hereby created in the Township of Jackson in accordance with Chapter 388 of the Laws of 1997 of the State of New Jersey (N.J.S.A. 40A:14-183 et seq.) and N.J.A.C. 5:30-14.1 et seq. to reward the members of the Jackson Township First Aid Squad, all of whom are volunteer First Aid Squad members, for their loyal, diligent and devoted service to the residents of the Township of Jackson.
The definitions as provided in N.J.A.C. 5:30-14.1 are hereby
included in this article as if cited in full or as complemented by
the following:
Participation in the affairs of the Jackson Township First
Aid Squad in accordance with the bylaws established by the squad and
applied on a consistent and uniform basis and in accordance with the
eligibility system as identified in Appendix A to this article.[1]
The Jackson Township First Aid Squad, a duly incorporated
volunteer first aid, emergency and volunteer ambulance association.
The Township Administrator of the Township of Jackson.
[1]
Editor's Note: Said appendix is included at the end of this chapter.
The Township LOSAP shall provide for the funding of a fixed contribution annual contribution by the Township of Jackson to a deferred income account for each active volunteer member that meets the criteria set forth in this article. Such contributions shall be made in accordance with the requirements of Chapter 388 of the Laws of 1997 of the State of New Jersey (N.J.S.A. 40A:14-183 et seq.) and N.J.A.C. 5:30-14.1 et seq. The plan shall be administered in accordance with the laws of the State of New Jersey, the United States Internal Revenue Code and this article. The following provisions shall apply to this plan:
A.
Annual contributions. The annual contribution to be made by the Township
of Jackson for each active volunteer member shall be $1,150 per year
of active emergency service commencing with the year 2005. There shall
be no contributions for prior years of service.
B.
Appropriations. Appropriations for the purpose of funding the Township's
LOSAP plan shall be included as a separate line item in the Township's
budget commencing in the year 2005.
C.
Periodic increases. Notwithstanding the provisions of Subsection A above, the annual contribution to be made by the Township of Jackson for each of the active volunteer members shall be subject to periodic increases based upon the consumer price index factor pursuant to Subsection f of Section 3 of P.L. 1997, c. 388.[1]
[1]
Editor's Note: See N.J.S.A. 40A:14-185f.
D.
Estimated cost. The estimated cost of the LOSAP to the Township of
Jackson has been calculated to be approximately $45,000 per year.
E.
Criteria for eligibility.
(1)
An active volunteer member shall be eligible to participate in the
LOSAP plan immediately upon commencement of the member's performance
of active emergency services in the Jackson Township First Aid Squad.
(2)
Annual contributions to the deferred income account for each member
shall be made by the Township; however, only for those active members
who have earned the minimum number of points for performing certain
volunteer services basis pursuant to the requirements set forth in
Appendix A attached hereto for a twelve-month period.[2]
[2]
Editor's Note: Said appendix is included at the end of this chapter.
(3)
A volunteer who is an active volunteer member of the Jackson Township
First Aid Squad and is also a member of a volunteer fire department
with a separate LOSAP plan cannot receive more than the maximum annual
benefit amount in accordance with N.J.A.C. 5:30-14.15.
(4)
In computing credit for those active volunteer members who also serve
as paid employees within a local governmental unit, credit shall not
be given for activities performed during the individual's regularly
assigned work periods.
F.
Determination as to eligibility. The Jackson Township First Aid Squad
shall provide to the Local Plan Administrator a certified list as
to active volunteer members who are initially eligible to participate
in the LOSAP as of January 1 of 2005. Annually in January of subsequent
years, the Jackson Township First Aid Squad shall provide to the Local
Plan Administrator a certified list as to active volunteer members
who are eligible to participate in the LOSAP for that year having
complied with the approved point plan in Appendix A[3] in the prior year. The Local Plan Administrator shall
forward said certified list to the Jackson Township Committee with
a copy to the Jackson Township Mayor and Council for approval in accordance
with the provisions of N.J.A.C. 5:30-14.10. Within 30 days of the
receipt of the certified list from the First Aid Squad and any requested
clarifications thereto, the Township Committee shall approve the certified
list as being accurate and shall return the approved certified list
to the Jackson Township Clerk and the Jackson Township First Aid Squad
for posting. Said approved list shall be posted for a thirty-day period
for membership review. Appeals from the decision of the Township Committee
shall be governed by N.J.A.C. 5:30-14.11. The decision of the Township
Committee as to such active members' eligibility shall be binding
upon the Plan Administrator, participants, beneficiaries and any and
all other persons having an interest hereunder, subject to appropriate
judicial review.
[3]
Editor's Note: Said appendix is included at the end of this chapter.
G.
Terms of participation. The Plan Administrator shall have the right
to require any active volunteer member at the time of his or her becoming
a participant to agree in writing to be bound by the terms, covenants
and conditions of the LOSAP and accompanying trust. Each participant
shall furnish to the Plan Administrator all pertinent information
required for the administration of the LOSAP. The Plan Administrator
shall rely upon all such information furnished.
H.
Vesting. The active volunteer member shall not be permitted to receive
a distribution of the funds in his or her LOSAP account until the
completion of a five-year vesting period.
I.
Termination of service.
(1)
Any participant who terminates service as an active volunteer member
shall cease to participate hereunder and no contribution shall be
made on their behalf. A former participant may resume participation
immediately upon returning to the service of the Jackson Township
First Aid Squad as an active volunteer member.
(2)
Any active volunteer member who was not fully vested and terminates
service with the Jackson Township First Aid Squad, and who subsequently
returns to service and again becomes a participant, shall be treated
as a new participant for purposes of eligibility.
(3)
Any active volunteer member who was fully vested and terminates service
with the Jackson Township First Aid Squad, and subsequently returns
to service and again becomes a participant, shall receive credit for
their former years of eligible service and shall resume participation
in the same manner as prior to their termination.
(4)
Should a volunteer fail to vest or terminate their association with
the Jackson Township First Aid Squad prior to the completion of the
vesting period, the funds placed in the LOSAP account on behalf of
the volunteer shall revert to the Township, not to the volunteer.
This article shall not take effect unless it is approved by
the voters of the Township of Jackson as a public question at the
next general election.
A.
The following referendum question shall be submitted to the voters
of the Township of Jackson at the next general election in November
2004:
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Shall the Township of Jackson be authorized to establish a Length
of Service Awards Program (LOSAP) for the volunteers of the Jackson
Township First Aid Squad that serve the Township of Jackson pursuant
to the following terms and conditions:
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1.
|
The program shall provide for annual contributions to be made
by the Township to a deferred income account for each active volunteer
member of the Jackson Township First Aid Squad who meets the criteria
adopted by the Township of Jackson.
| |
|
2.
|
The annual contribution to be made by the Township shall be
$1,150 per eligible active volunteer member.
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|
3.
|
The initial cost of the program has been estimated to be $45,000
per year.
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B.
Explanatory statement.
(1)
The Township of Jackson has decided to create a Length of Service
Awards Program (LOSAP) to benefit eligible members of the Jackson
Township First Aid Squad, all of whom are volunteers who serve the
citizens of the Township Jackson. The Township of Jackson has determined
that the creation of a LOSAP will enhance the ability of the Township
to recruit and retain volunteer First Aid Squad members. The general
requirements of a LOSAP are set forth in State law N.J.S.A. 40A:14-183
et seq.
(2)
Each volunteer First Aid Squad member who performs the minimum amount
of required service required by the Township ordinance shall have
the sum of $1,150 per year deposited into a tax-deferred income account
that will earn interest for the volunteer.
(3)
The cost of these contributions will be provided for annually in
the budget of the Township of Jackson commencing in the year 2005,
and it is anticipated to be approximately $45,000 per year.
(4)
Additional details regarding the program may be found in the ordinance
adopted by the Township of Jackson, which is available for public
inspection, along with a copy of the state enabling law in the Ocean
County Public Library at 2 Jackson Drive, Jackson, New Jersey, and
the Township Clerk's office at 95 West Veteran's Highway, Jackson,
New Jersey, between 8:30 a.m. and 4:30 p.m., Mondays through Fridays,
holidays excepted.
A copy of this article and the Emergency Service Volunteer Length
of Service Award Act (N.J.S.A. 40A:14-183 et seq.) shall be made available
to the public at the Ocean County Public Library and shall be kept
on file in the Township Clerk's office.
