Service Award Program

• Pages: 369-400
• Author: Raymond S. Diraddo

SERVICE AWARD

PROGRAM

CHAPTER 5B

SERVICE AWARD

PROGRAM

SERVICE AWARD

PROGRAM

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SERVICE AWARD

PROGRAM

5B-3 Service Award Program §5B:10

§5B:10 INTRODUCTION

§5B:10.1 Authority

Article 11-A of the New York State General Munic-

ipal Law controls service awards programs. The board

of re commissioners has the authority to appropriate

the money needed annually to fund the service award

programs. The payment required annually to fund service

awards is exempt from the spending limit of the re dis-

trict, to the extent that such funding has been authorized

in the mandatory referendum establishing the program.

A village may create a service awards program for

the volunteer reghters of the village re department

(General Municipal Law §§214 et seq. Opinions of

State Comptroller 94-32, 90-57, 2000-18), and a joint

re district may create a service awards program for the

volunteer reghters of the re departments servicing

the joint re district so long as the village and re district

follow the statutory requirements for the creation of the

service awards program. General Municipal Law §§214 et

seq. Opinion of State Comptroller 94-32, 90-57, 2000-18.

Since the powers of the board of re commissioners

(Town Law §176) are similarly applicable to the oper-

ation of a joint re district (Town Law §189-a-(2)(d),

Village Law §§22-2212, Opinion of State Comptroller

2000-18), once service awards programs are in place, the

political subdivision must fund the program and admin-

ister the program. Town Law Sections 219-a(2)(a) and

219-a(2)(b). This means that a village cannot transfer its

responsibilities in connection with a service award pro-

gram to an independent re company (Opinions of State

Comptroller 2000-18, 94-32), nor may a joint re district

assume the responsibilities in connection with the service

award program. Opinion of State Comptroller 2000-18.

Therefore, the village lacks the authority to transfer its

administrative responsibilities to the joint re district.

§5B:10.2 Public Policy Behind the

Service Award Programs

Only political subdivisions can establish service

award programs, and re districts are political subdi-

visions. The service award program does not cover any

service benet program established by the re company

or re department. The purpose of the service awards

is the retention and recruitment of volunteers for the

benet of the voters within the re district.

Because of this public policy, former volunteer

members are not allowed to participate in service awards

programs. Opinion of the State Comptroller 94-25.

Active life retired members or life retired members are

not eligible to participate in a service award program.

Membership is only open to active volunteer reghters.

§5B:10.3 Effect of Service Awards On

The V.F.B.L. and Other State

Pension Programs

Benets received from the re district, pursuant

to a service award program, shall not be considered in

determining the benets to be paid under the volun-

teer reghters’ benet law to volunteer reghters.

Volunteer Fireman’s Benet Law §22 (2). In fact, if

the voters’ district chooses and the voters approve, the

benet under the service awards program can be used to

augment disability and/or death benets provided for by

the New York State Volunteer Fireman’s Benets Law.

Receipt of a service award, however, shall not be

considered as membership in any pension or retirement

system of the state or any political subdivision. Gen-

eral Municipal Law, Article 11 A. Service awards are

intended to provide benets to volunteer reghters

of incorporated re companies or those who are not

otherwise provided benets by political subdivisions.

§5B:10.4 Fire Protection Districts

The law governing service awards authorizes polit-

ical subdivisions, which contract with incorporated re

companies or departments for re protection, to pro-

vide service award programs for those companies or

departments providing the protection with the politi-

cal subdivision. General Municipal Law §216-a. If the

re company or department services two municipali-

ties, each political subdivision must seek the approval

of their voters to establish a service award program

(General Municipal Law §216-a(2)) or the political

subdivisions may make an inter-municipal agreement

(General Municipal Law §5-G) to jointly sponsor such

a program. General Municipal Law §216-a (3).

§5B:10.5 Definitions

Article 11-A of the General Municipal Law sets

out a series of denitions that explain the service award

programs. These denitions (General Municipal Law

§215) are crucial to the implementation, understanding

and explanation of the service awards programs.

§5B:10.5.1 Active Volunteer Firefighter

An “active volunteer reghter” is an active volun-

teer reghter, who is actually and faithfully performing

service on behalf of a re district, re company or re

department, by protecting life and property from re or

other emergency, accident or calamity.

An active volunteer reghter must meet two tests

to qualify for service awards: