[Editor's Note: This program was approved by the
voters of the Borough of Highlands at the General Election of November
2, 2004.]
[Ord. O-04-09, § 1]
A Length of Service Awards Program (LOSAP) is herewith created
in the Borough of Highlands in accordance with Chapter 388 of the
Laws of 1997 (N.J.S.A. 40A:14-183, et seq.) and N.J.A.C. 5:30-14.1
et seq., to reward members of the Columbia Hose and Star Hook and
Ladder Company and the Highlands First Aid Squad, all of whom are
volunteer emergency service organization members, for their loyal,
diligent and devoted services to the residents of the Borough of Highlands.
[Ord. O-04-09, § 1]
As used herein, the following terms shall have the meanings
indicated:
Shall mean a person who has been so designated by the governing
body of a duly created emergency service organization and who is faithfully
and actually performing volunteer service in that organization.
Shall mean the Columbia Hose and Star Hook and Ladder Company
and/or the Highlands First Aid Squad.
Shall mean a system established to provide tax-deferred income
benefits to active volunteer members of an emergency service organization.
Shall mean a 12-month period during which an active volunteer
member participates in first aid service and satisfies the minimum
requirements of participation established by the borough on a consistent
and uniform basis.
The borough's LOSAP shall provide for the funding of fixed
annual contributions by the Borough of Highlands to a deferred-income
account for each active volunteer member that meets the criteria set
forth below. Such contributions shall be made in accordance with a
LOSAP plan to be established by the borough in accordance with the
requirements of P.L. 1997, c. 388 (N.J.S.A. 40A:14-183 et seq.) and
N.J.A.C. 5:30-14.1 et seq. The said plan shall be administered in
accordance with the laws of the State of New Jersey, the United States
Internal Revenue Code, and this chapter. The following provisions
shall apply to the plan:
a.
Annual Contributions. The minimum and maximum annual contributions
to be made by the Borough of Highlands for each active volunteer member
shall be in accordance with N.J.S.A. 40A:14-183, (From $100.00 to
$1,150.00 per year of active emergency service), commencing with the
fiscal year 2005-2006. There shall be no contributions made for prior
years service.
b.
Appropriations. Appropriations for the purpose of funding the borough's
LOSAP plan shall be included as a separate line item in the borough's
budget commencing with the year 2005-2006.
c.
Periodic Increases. Notwithstanding the provisions of paragraph a above, the annual contribution to be made by the borough for each active volunteer member 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 (N.J.S.A. 40A:14-185).
d.
Estimated cost. The estimated cost of the program to the borough
has been calculated to be approximately eighty-five thousand one hundred
($85,100.00) dollars per year.
e.
Criteria for Eligibility; Contributions; Points.
1.
Any active volunteer member shall be eligible to participate in the
LOSAP plan immediately upon commencement of the member's performance
of active voluntary services in the emergency service organization.
2.
Annual contributions pursuant to this chapter shall only be made
by the borough, however, for those active volunteer members who have
earned the minimum number of points for performing certain volunteer
services on a yearly basis pursuant to the requirements for the Columbia
Star Hose and Hook Company, and Highlands First Aid Squad, attached
hereto as Schedules A and B, respectively.[1]
[1]
Editor's Note: Schedules A and B, referred to herein are included as attachments to this chapter.
f.
Determination as to Eligibility. Each emergency service organization
shall provide to the plan administrator of the LOSAP plan a certified
list as to the active volunteer members who are initially eligible
to participate in the plan and those who are eligible to participate
as of each January 1 thereafter. The plan administrator shall forward
said certified list to the borough council for approval, in accordance
with the provisions of N.J.A.C. 5:30-14.10. The decision of the borough
council as to such active member's 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.
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. A former participant may resume
participation immediately upon returning to the service of the emergency
service organization as an active volunteer member.
2.
Any active volunteer member who terminates service with the emergency
service organization, subsequently returns to service and again becomes
a participant shall be treated as a new participant for purposes of
eligibility unless said participant was fully vested prior to his
or her termination from service.
