Section 216-A. Authorization to establish service award programs for special fire companies and departments

1.  The political subdivisions which  contract to receive fire protection services from a special fire company
  or department may jointly establish a  service  award  program  for  the
  volunteer  firefighters  of  such  special  fire  company or department,
  provided,  however,  that  no  such  service  award  program  shall   be
  established  unless each and every political subdivision which contracts
  to receive fire protection services from the  special  fire  company  or
  department joins in establishing the program.
    2. A service award program for the volunteer firefighters of a special
  fire company or department shall be jointly established by the political
  subdivisions  which  contract  to  receive fire protection services from
  such fire company or department only if:
    (a) the governing board of each and every such  political  subdivision
  approves  an  agreement to jointly sponsor the program by an affirmative
  vote of at least sixty percent of the governing board; and
    (b) the eligible voters of each and every such  political  subdivision
  separately approve a proposition authorizing their political subdivision
  to  jointly  sponsor  the  program  to  be administered by the political
  subdivision or the state of New York.
    3. An agreement between or among  political  subdivisions  to  jointly
  sponsor a service award program for a special fire company or department
  may  contain  any  provision  which  could  be  included in an agreement
  entered into pursuant to  article  five-G  of  this  chapter  and  shall
  contain provisions specifying the following:
    (a)  the  manner  in  which  the  several political subdivisions shall
  exercise and perform the powers and duties that are conferred  by  other
  sections  of  this  article on the governing board of a single political
  subdivision that individually establishes and sponsors a  service  award
  program;
    (b)  the  effect  of  the  addition of other political subdivisions as
  parties to the agreement;
    (c) the effect of the withdrawal of political  subdivisions  from  the
  agreement;
    (d) the entitlement age under the program;
    (e)  the  age and length of service requirements to participate in the
  service award program;
    (f) the number of years of firefighting service required to  obtain  a
  nonforfeitable right to a service award;
    (g)  the  activities for which points will be granted toward a year of
  firefighting service;
    (h) the extent to which the  program  provides  credit  for  years  of
  firefighting  service  rendered  during one or more of the five calendar
  years immediately preceding the establishment of the program;
    (i) in the case of a defined contribution plan,
    (i) the amount of the contribution  to  be  made  on  behalf  of  each
  participant credited with a year of firefighting service, and
    (ii) the amount of any additional disability or death benefit;
    (j) in the case of a defined benefit plan,
    (i)  the  amount of the monthly payment to be made to each participant
  for each year of firefighting service credited to the participant, and
    (ii) if the plan is to provide for payment of benefits  prior  to  the
  tenth  anniversary  of  the establishment of the plan, the date on which
  the plan is to provide for the payment of benefits;
    (k) the date as of which the service award program shall  take  effect
  which  shall be either the first day of January next succeeding the date
  of the last voter approval required to  establish  the  program  or,  if
  sufficient  funds are or will be available to each political subdivision

  to fund the program, the first day of January next preceding  such  last
  voter approval; and
    (l)  whether  the  service  award program is to be administered by the
  political subdivision or the state of New York; and
    (m) any other provisions as may be necessary for  the  implementation,
  operation, administration and funding of the program.
    4.  A  proposition  authorizing  a  political  subdivision  to jointly
  sponsor a service award program for  the  volunteer  firefighters  of  a
  special  fire company or department shall be submitted to referendum not
  less than thirty days and not more than ninety days after the  governing
  board  votes  to  approve  the agreement to jointly sponsor the program.
  Notice of the referendum shall be published at least once, not less than
  fourteen days prior to the date  of  the  referendum,  in  the  official
  newspaper  of the political subdivision or, if the political subdivision
  does not have an official newspaper, in one or  more  newspapers  having
  general  circulation  in the political subdivision. The referendum shall
  be conducted in the same manner as other referenda held by the political
  subdivision and the cost thereof  shall  be  charged  to  the  political
  subdivision.
    5.  A  proposition  authorizing  a  political  subdivision  to jointly
  sponsor a service award program for  the  volunteer  firefighters  of  a
  special fire company or department shall state:
    (a)  whether  the service award program to be established is a defined
  contribution plan or a defined benefit plan;
    (b) whether the service award program is to  be  administered  by  the
  political subdivision or the state of New York;
    (c)  the estimated annual cost of the service award program, including
  the estimated annual administration fee, and the estimated  annual  cost
  per  participant,  for  all  the political subdivisions establishing the
  program and for the political subdivision submitting the proposition  to
  referendum;
    (d)  the  extent  to  which  the  program provides credit for years of
  firefighting service rendered during one or more of  the  five  calendar
  years immediately preceding the establishment of the program;
    (e)  in  the  case  of  a defined contribution plan, the amount of any
  additional disability or death benefit; and
    (f) in the case of a defined benefit plan,
    (i) the projected monthly award to be paid to participants, and
    (ii) if the plan is to provide for the payment of  benefits  prior  to
  the  tenth  anniversary  of  the  establishment of the plan, the date on
  which payment of benefits shall begin.
    6. Upon the last  voter  approval  required  to  jointly  establish  a
  service  award  program for the volunteer firefighters of a special fire
  company or department, the agreement  to  jointly  sponsor  the  service
  award program shall take effect and the program shall take effect as set
  forth in the agreement.
    7.  Within  thirty  days  after  the  last  voter approval required to
  jointly establish a service award program for the volunteer firefighters
  of a special fire company or department, the  governing  boards  of  the
  political  subdivisions  which  established the program shall notify the
  state comptroller of the adoption  of  the  service  award  program  and
  whether  such  service award program will be a defined contribution plan
  or a defined benefit plan, and whether the plan will be administered  by
  the political subdivision or the state of New York.
    8. Within sixty days after the last voter approval required to jointly
  establish  a  service  award program for the volunteer firefighters of a
  special  fire  company  or  department,  the  governing  boards  of  the
  political subdivisions which established the program shall jointly adopt

  a  program  document.  The program document shall be consistent with the
  provisions of this article and the  agreement  to  jointly  sponsor  the
  service  award  program, as amended, and shall set forth the obligations
  and  rights of the sponsors, the special fire company or department, and
  the volunteer firefighters for whom  the  program  is  established,  and
  establish standards and procedures for the administration of the program
  provided,  however, that in the case of a state-administered program the
  procedures for administration shall be consistent  with  the  rules  and
  regulations governing the state program.
    9.  Except as otherwise provided in this subdivision, any provision of
  an agreement  to  jointly  sponsor  a  service  award  program  for  the
  volunteer  firefighters  of  a special fire company or department may be
  amended upon the affirmative vote of  at  least  sixty  percent  of  the
  governing  board  of  each political subdivision which is a party to the
  agreement without  referendum.  Amendments  to  the  provisions  of  the
  agreement  required  by paragraphs (h), (i) and (j) of subdivision three
  of this section shall only be made upon the affirmative vote of at least
  sixty percent of the governing board of each such political subdivision,
  subject to a mandatory referendum of the  eligible  voters  within  each
  such political subdivision.
    10.  In  the event that the governing board of a political subdivision
  which is a party to an agreement to  jointly  sponsor  a  service  award
  program  for  the  volunteer  firefighters  of a special fire company or
  department ceases to contract to receive fire protection  services  from
  the  special fire company or department, the political subdivision shall
  cease to be a sponsor of the service award program and shall  be  deemed
  to have withdrawn from the agreement in accordance with the terms of the
  agreement without further action by the governing board or voters of any
  political subdivision.
    11.  A  service  award  program  for  the  volunteer firefighters of a
  special  fire  company  or  department  shall  remain  in  effect  until
  terminated  by  the  political  subdivisions  which  are  parties to the
  agreement to jointly sponsor the  program.  The  service  award  program
  shall be terminated only if:
    (a)  the  governing board of each and every such political subdivision
  approves a resolution to terminate the program by an affirmative vote of
  at least sixty percent of the governing board; and
    (b) the eligible voters of each and every such  political  subdivision
  separately approve a proposition to terminate the program.