§ 215. Definitions. As used in this article:

1. "Active volunteer firefighter" means a person who has been approved
by the authorities in control of a duly organized volunteer fire company
or volunteer fire department as an active volunteer firefighter of such
fire company or department and who is faithfully and actually performing
service in the protection of life and property from fire or other
emergency, accident or calamity in connection with which the services of
such fire company or fire department are required.

2. "Defined benefit plan" means any service award program that
provides to eligible volunteer firefighters, a benefit that is
definitely determinable under the program without reference to the
amount contributed to the program on the participant's behalf or to any
income, expenses, gains or losses or forfeitures of other participants
under the program.

3. "Defined contribution plan" means any service award program that
provides to eligible volunteer firefighters a benefit as the result of
definite and determinable contributions under the program, and without
reference to any income, expense, gains or losses or forfeitures of
other participants under the program.

4. "Entitlement age" means the age designated by the sponsor at which
a program participant is entitled to begin receiving an unreduced
service award. In no event shall the entitlement age under a program be
earlier than age fifty-five nor later than the age at which the
participant can receive an unreduced benefit under Title II of the
Social Security Act (Public Law 74-271 U.S.C. 306 et seq.). No service
award program may provide for the payment of benefits (except in the
case of death or disability) before age fifty-five.

5. "Fiduciary" means any person who exercises discretionary authority
or control with respect to the administration of the program or the
management or disposition of program assets or who renders investment
advice for a fee to the program.

5-a. "Fire service area" means a portion of a village that receives
fire protection from a special fire department pursuant to a contract
with the governing board of the village when the cost of the contract is
charged to such area of the village.

6. "Nonforfeitable" means the unconditional and legally enforceable
right to receive benefits attributable to service as an active volunteer
firefighter under the program that will begin at the entitlement age
specified in the program.

7. "Participant" means an active volunteer firefighter who is eligible
for a benefit under a service award program.

7-a. "Political subdivision" means a county, city, town, town on
behalf of a fire protection district, village, village on behalf of fire
service area or fire district.

8. "Service award" means the benefit payable to a participant in a
service award program.

9. "Service award program" or "program" means a defined benefit plan
or defined contribution plan established or maintained under this
article to provide service awards for active volunteer firefighters,
pursuant to the benefit options specified by the sponsoring
organization.

9-a. "Special fire company or department" means a fire company or
department for which a service award program cannot be established
pursuant to subdivision one or two of section two hundred sixteen of
this article which provides fire protection services to two or more
political subdivisions under contracts with the governing boards
thereof.

10. "Sponsor" or "sponsoring organization" means a political
subdivision which has established or jointly established a service award
program, a volunteer fire company or department, or any other entity
responsible for fire protection.

11. "Year of firefighting service" means a twelve month period during
which an active volunteer firefighter participates in the fire service
and satisfies the minimum requirements of participation established by
the sponsoring organization maintaining the program which shall be
applied on a consistent and uniform basis, subject to the minimum
standards established by the sponsoring organization.

12. "Elected or appointed position" means line officers, department or
company officers and president, vice president, treasurer and secretary
of a fire company or department.

13. "Administrator" or "plan administrator" means the state
comptroller, or an administrative service agency or financial
organization selected by the state comptroller to perform all or a
portion of the functions required to administer service award programs.

14. "Administrative service agency" means an organization duly
authorized to do business in the state and which is qualified to
administer and maintain records and accounts of plans which meet the
requirements for qualification under the internal revenue code and
governmental plans.

15. "Financial organization" means an organization duly authorized to
do business in the state and which is (i) registered as an investment
adviser under the Investment Advisers Act of 1940, as such provisions
may be amended from time to time; (ii) licensed or chartered by the
state department of financial services; (iii) chartered by an agency of
the federal government; or (iv) subject to the jurisdiction and
regulation of the securities and exchange commission of the federal
government.