Village of Elmsford, NY Fire Department

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Editor's Note: This resolution was approved by the qualified electors of the Village of Elmsford on May 17, 1990.

Anything not specifically spelled out in these rules and regulations shall be governed by the provisions of the Service Award Program Law (§§ 214 through 219-a of the General Municipal Law).

The service award program (the "program") for the Elmsford Fire Department (the "Department") is a defined benefit plan with a benefit of $20 per month for each year of active fire-fighting service up to a maximum of 40 years.

The plan year will be May 1 through April 30 (the "plan year").

A fire fighter must be 18 years of age and have one year of active service to be eligible to participate in the program. The fire fighter will not receive credit for the year of active service during which the fire fighter becomes 18 years of age. In other words, a fire fighter who becomes 18 on June 30, 1991, and earns 50 points between May 1, 1991, and April 30, 1992, will become eligible to participate in the program as of May 1, 1992, and will not receive credit for the plan year May 1, 1991, to April 30, 1992.

Benefits will be paid commencing on the first day of the month after the fire fighter becomes 65 or, at the option of the fire fighter, on the May 1 following attainment of age 65. A fire fighter who desires to defer the commencement of benefits must notify the Board of Trustees before May of the year in which the fire fighter attains age 65.

The fire fighter will receive credit in accordance with the point system for the program for the plan year in which he/she attains age 65 from May 1 until he/she attains age 65 or until the end of the plan year if he/she deferred payment of benefits until May 1 following attainment of age 65.

A new fire fighter must wait until the plan year after the fire fighter becomes a member of the Department to become eligible to participate in the program. For example, a fire fighter who joins the Department on May 5, 1991, must wait until May 1, 1992, to participate in the program. The fire fighter will not receive credit for the period May 5, 1991, to April 30, 1992, notwithstanding the fact that the fire fighter may have accumulated 50 points during such period.

A fire fighter will receive credit for up to five years of active service prior to May 1, 1990, provided that the fire fighter receives credit for at least one year of active service after May 1, 1990.

A fire fighter must accumulate at least 50 points under the point system to gain a year of credit (an "active" year) in the program. The point system is described in the schedule attached hereto and made a part hereof.[1]

[1]

Editor's Note: Said schedule is on file in the village offices.

A fire fighter who accumulates five active years will become vested and accrued benefits will be guaranteed.

A fire fighter with five or more years of active service who leaves the Department and returns at a later date will resume accruing credit as of May 1 following the return date. Any additional active years will be added to the years already vested.

A fire fighter with less than five years of active service who leaves the Department will forfeit all accrued credit. If the fire fighter returns to the Department at a later date, the fire fighter will start accruing active years as a new member.

A fire fighter who joins the Department after service in another department will start accruing active years as a new member. The fire fighter shall not carry over any credit for service with his/her former department.

A fire fighter who is temporarily disabled, whether or not such disability occurred during the course of service as a volunteer fire fighter, will receive credit for a plan year only if the fire fighter accumulates 50 points during such year under the regular point system. There is no special rule providing for the accumulation of points during disability.

A fire fighter whose service is interrupted by full-time extended obligatory military service or by a single voluntary enlistment not to exceed four years in the Armed Forces of the United States shall be considered to be on military leave. The fire fighter shall be deemed to have accumulated 50 points for each plan year during military leave, prorated for service of less than one plan year.

An employee of any political subdivision of the State of New York, including the Village of Elmsford, shall receive no credit for service as a volunteer fire fighter for service performed during the employee's regularly assigned work periods.

A fire fighter whose name does not appear on the approved certified list of fire fighters, or who is denied credit for service prior to May 1, 1990, shall have the right to appeal within the 30 days of posting of the list or within 30 days of denial of past service credit. The appeal shall be in writing and shall be mailed to the Village Clerk. The Board of Trustees shall investigate the appeal. The decision of the Board of Trustees shall be subject to judicial review.

The program will pay monthly benefits. The normal benefit will be a life annuity, with survivor's benefits to a beneficiary selected by the fire fighter, for a period not to exceed 10 years after the fire fighter commenced receiving payments.

The program will commence payment of benefits as of May 1, 1991, to eligible participants.

In the event that a fire fighter becomes disabled and such disability prevents the fire fighter from pursuing his/her normal occupation, and if the disability is total and of a permanent nature as certified by the Workers' Compensation Board or other competent authority approved by the Board of Trustees of the Village of Elmsford, the fire fighter shall commence receiving benefits accrued to the date of the establishment of such disability (prorated for a partial plan year) whether or not the fire fighter's benefit has become vested. Payment shall begin on the first day of the first month following the establishment of such disability.

A death benefit, prior to commencement of monthly benefits, shall be paid to the individual designated by the fire fighter, or his/her estate if there is no designation, based upon the accrued credit up to the date of death (including a pro rata portion of the year of death), whether or not the benefit is vested as of the date of death. The benefit shall be paid for a ten-year period, commencing on the first day of the first month following the date of death.

The Board of Trustees of the Village of Elmsford will administer the program.

The compiling of points will be administered by a Board of Governors consisting of the three Fire Department Chiefs and a Village Trustee designated by the Board of Trustees.

Points credited to each fire fighter for the current plan year will be posted quarterly at each fire house for a period of at least two weeks by no later than August 31, November 30, February 28 (29) and March 31.

The assets held under the program may be subject to the claims of general creditors of the Village of Elmsford.

It is intended that the participation by a fire fighter in the program shall not result in taxable income to such fire fighter until actual receipt of a payment under the program.

No service award may be assigned or alienated except to provide for the legally obligated support of a spouse or minor children.