Section 219-M. Participation, vesting and service credit

1. A volunteer
  ambulance worker must be eligible to participate in  any  service  award
  program  provided  under  this article if the volunteer ambulance worker
  has reached the age of eighteen and has completed at least one  year  of
  ambulance service.
    2.  A participant shall have a nonforfeitable right to a service award
  upon  completing  five  years  of   ambulance   service.   Any   amounts
  attributable  to  forfeiture  of  a participant's service award shall be
  used to  reduce  contributions  for  all  other  service  award  program
  participants  and shall not in any case be used to increase benefits for
  any other participants. The provisions of  this  subdivision  shall  not
  preclude amendment of a service award program to provide for an increase
  in benefits.
    3. A year of ambulance service shall be credited under a service award
  program  for  each  calendar  year, beginning with the year in which the
  program is adopted, in which a volunteer ambulance worker accumulates at
  least fifty points. Except as  provided  in  subdivision  five  of  this
  section  and subdivision eight of section two hundred nineteen-l of this
  article, points shall be granted  for  activities  performed  after  the
  effective date of the program in accordance with a system adopted by the
  sponsor  which  shall be applied on a consistent and uniform basis. Such
  system shall  provide  that  points  shall  be  granted  for  activities
  designated  by  the sponsor, which activities shall be selected from the
  following:
    (a) Training courses -- twenty-five points maximum.
    (i) Courses under twenty hours duration -- one point per hour, with  a
  maximum of five points.
    (ii)  Courses  of twenty to forty-five hours duration -- one point per
  hour for each hour over initial twenty hours,  with  a  maximum  of  ten
  points.
    (iii)  Courses  over  forty-five  hours duration -- fifteen points per
  course.
  For purposes of this paragraph, the term "training course" shall mean  a
  course of instruction having a prescribed topic and syllabus. Points for
  a  training  course shall be awarded only upon the successful completion
  of the course and only in the year in which the course  is  successfully
  completed.
    (b)  Drills  and  seminars  --  twenty  points  maximum. One point per
  minimum two hour drill or seminar. For purposes of this  paragraph,  the
  term  "drill"  shall  mean  a skills practice or skills training session
  related to emergency medical service and the term "seminar" shall mean a
  lecture on a topic relating to the emergency medical service.
    (c) Sleep-in or stand-by -- twenty points maximum.
    (i) Sleep-in -- one point each full night.
    (ii) Stand-by -- one point each. A stand-by is defined as line of duty
  activity of the volunteer ambulance company, lasting for four hours, not
  falling under one of the other categories.
  A service  award  program  may  not  provide  points  pursuant  to  this
  paragraph  if  the program provides points for tours of duty pursuant to
  paragraph (d) of this subdivision.
    (d) Tours of duty. A maximum of twenty points may be  granted  serving
  tours  of  duty at a rate equal to no more than one-sixth of a point per
  hour  served  as  determined  by  the  sponsor.  For  purposes  of  this
  paragraph,  the  term "tour of duty" shall mean a line of duty activity,
  not falling under one of  the  other  paragraphs  of  this  subdivision,
  involving a period of time scheduled or assigned by an ambulance company
  during  which  a volunteer ambulance worker is responsible for providing
  emergency  medical  service  or  general  ambulance  service,  including

  sleep-ins, stand-bys and backup duty, by reason of being stationed at an
  event,  as  part of a rostered duty crew or as otherwise provided by the
  regular procedures of the ambulance company. A sponsor may  also  define
  two  or  more activities included within the meaning of the term tour of
  duty and provide for points to be granted for the  performance  of  such
  activities at different rates, provided, that points for such activities
  shall  not  be  granted  at a rate in excess of one-sixth of a point per
  hour served and no more than twenty points shall be granted for all such
  activities. A service award program may not provide points  pursuant  to
  this paragraph if the program provides points for sleep-ins or stand-bys
  pursuant to paragraph (c) of this subdivision.
    (e)  Elected  or appointed position, as defined in subdivision sixteen
  of section two hundred nineteen-k of this article -- twenty-five  points
  maximum.
    (i) Completion of one year term in an elected or appointed position.
    (ii) A volunteer ambulance worker elected to serve as a delegate to an
  ambulance  workers'  convention  shall  also  be eligible to receive one
  point per meeting.
    (iii) A volunteer ambulance worker appointed to serve on the New  York
  state  emergency  medical  services council, the state emergency medical
  advisory committee, a regional emergency medical services council  or  a
  regional  emergency  medical advisory committee, established pursuant to
  article thirty of the public  health  law  shall  also  be  eligible  to
  receive one point per meeting.
    (f) Attendance at meetings -- twenty points maximum.
    (i)  Attendance  at  any official meetings of the ambulance company --
  one point per meeting.
    (ii) Attendance at official meetings of a standing  committee  of  the
  ambulance company by a member of the committee -- one point per meeting.
    (g) Participation in ambulance company responses -- twenty-five points
  for responding on the minimum number of calls, as outlined below:
  Total number of calls              0         500       1000      1500
  ambulance company responds         to        to        to        and
  to annually                        500       1000      1500      over
 
  Minimum number of calls            10%       7.5%      5%        2.5%
  volunteer
  ambulance worker
  must run annually in order to
  receive twenty-five points credit
  A  volunteer  ambulance  worker  who  is granted points toward a year of
  ambulance service pursuant to this paragraph may not be  granted  points
  toward  the same year of ambulance service for alternative participation
  company responses pursuant to paragraph (h) of this subdivision.
    (h) Alternative participation  in  company  responses.  A  maximum  of
  twenty-five points may be granted for participation in company responses
  at  a  rate  equal  to  no  more  than  one-half  point  per response as
  determined by the sponsor. A volunteer ambulance worker who  is  granted
  points toward a year of ambulance service pursuant to this paragraph may
  not  be  granted  points  toward  the same year of ambulance service for
  participation in company responses pursuant to  paragraph  (g)  of  this
  subdivision.
    (i)  Miscellaneous activities -- maximum fifteen points. Participation
  in inspections and other activities covered by the  volunteer  ambulance
  workers' benefit law and not otherwise listed -- one point per activity.
    (j)  Activities;  designation. The sponsor may designate less than all
  the activities specified in this subdivision  as  activities  for  which
  points may be earned.

    4.  Points  toward  a  year  of  ambulance  service may be granted for
  activities performed after a participant reaches  entitlement  age,  but
  shall  not  be  granted  for  activities  performed  after a participant
  applies for a service award. The maximum number of  years  for  which  a
  participant  may receive credit for a year of ambulance service shall be
  forty years.
    5. A service award program which is to take effect on a day other than
  the first day of January may provide for points to be granted  toward  a
  year  of  ambulance  service  for  activities  performed  prior  to  the
  effective date of the program and on or after the immediately  preceding
  first  day of January, provided, the proposition authorizing adoption of
  the program contains a statement authorizing points to  be  granted  for
  such activities. Points attributable to such activities shall be granted
  in  accordance  with the point system adopted by the sponsor pursuant to
  subdivision three of this section.
    6. In computing credit for those volunteer ambulance workers who  also
  serve  as  paid  employees  within a political subdivision of the state,
  credit  shall  not  be  given  for  activities  performed   during   the
  individual's regularly assigned work periods.
    7.  A  participant whose ambulance 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  on military leave. During such period of military leave,
  the participant shall  receive  fifty  points  for  each  full  year  of
  military service, prorated for military service of less than a year.
    7-a.  An active volunteer ambulance worker's service award program may
  provide for the crediting of years of and points for volunteer ambulance
  service for periods after  an  active  volunteer  ambulance  worker  has
  reached the entitlement age and is receiving a service award.
    8.   The  state  comptroller  may  promulgate  rules  and  regulations
  prescribing procedures and forms for the compilation and maintenance  of
  records  of  the  points accumulated by each volunteer ambulance worker.
  Each ambulance company shall compile and maintain such  records  in  the
  manner prescribed.
    9.  The  president, secretary and chief or comparable officers of each
  ambulance company shall submit to the governing board of the  sponsor  a
  list  of  all  volunteer  members,  certified  under  oath,  which shall
  identify those volunteer members who have qualified for credit under the
  award program for the  previous  year.  Such  list  shall  be  submitted
  annually by March thirty-first or otherwise as provided in the rules and
  regulations  of  the  state comptroller and shall be accompanied by such
  membership records and records of point accumulations as  the  governing
  board   may   require   to   substantiate  the  accuracy  of  the  list.
  Notwithstanding the provisions of this subdivision a volunteer ambulance
  worker may request that  his  name  be  deleted  from  said  list  as  a
  "participant".  Such  request for deletion shall be in writing and shall
  remain effective until withdrawn in the same manner.
    10. The governing board of the sponsor shall review the list  of  each
  ambulance  company  and  may delete the name of any person who was not a
  volunteer ambulance worker during the preceding  calendar  year  or  the
  name  of  any  volunteer  ambulance worker who did not earn fifty points
  during the preceding calendar year or whose point accumulation  has  not
  been  adequately  documented.  Thereafter,  the  governing  board  shall
  approve the list and return a copy of the list to the ambulance  company
  and  forward  a  certified  copy  of  the  approved  list to the program
  administrator.
    11. Upon receipt of the approved list,  the  ambulance  company  shall
  post  the list at its principal headquarters for at least thirty days. A

  volunteer ambulance worker whose name does not appear  on  the  approved
  list shall have the right to appeal within thirty days of posting of the
  list.  The  appeal  shall  be  in  writing  and  mailed  to the clerk or
  secretary of the governing board of the sponsor, which shall investigate
  the  appeal.  The  decision  of  the governing board shall be subject to
  judicial review pursuant to article seventy-eight of the civil  practice
  law and rules.
    12.  A service award program may provide credit for years of ambulance
  service rendered  by  a  participant  during  the  five  calendar  years
  immediately preceding the year in which the program is adopted, but only
  if  authorized  pursuant  to  section  two  hundred  nineteen-l  of this
  article. In  order  to  determine  eligibility  for  such  credit,  each
  ambulance  company shall review its prior membership rosters and service
  records to determine the number of years for which each  participant  is
  entitled  to  a  contribution.  In  making such determination, the point
  system established pursuant to subdivision three of this  section  shall
  be  used.  The  president, secretary and chief or comparable officers of
  the ambulance company shall submit to the governing board of the sponsor
  a certified list of participants who are entitled to such credit and the
  number of years for which each participant is entitled to  such  credit,
  and  such  membership  and  service  records  as the governing board may
  require. The list shall be submitted to and approved  by  the  governing
  board,  and posted by the ambulance company, at the same time and in the
  same manner as provided in subdivisions  nine  through  eleven  of  this
  section,  and  each  person  named on the list approved by the governing
  board shall be entitled to the credit indicated thereon. A person  whose
  name  does  not  appear  on  the list as submitted to or approved by the
  governing board shall have the administrative and judicial remedies  set
  forth in subdivision eleven of this section.
    13.  In  the event that a volunteer ambulance worker is either totally
  and temporarily  disabled  or  partially  and  permanently  disabled  as
  certified   by  the  workers'  compensation  board  or  other  competent
  authority approved by the state comptroller, and the  disability  occurs
  during  the  course  of service as a volunteer while actively engaged in
  providing line-of-duty services as defined in  the  volunteer  ambulance
  workers  benefit  law,  the volunteer shall be credited with five points
  for  each  full  month  of  such  disability;  provided,  however,  such
  volunteer  shall  cease to be credited with such line of duty disability
  points after attaining the entitlement age.