§ 216. Authorization to establish service award programs for volunteer
firefighters of political subdivisions of the state and for volunteer
firefighters other than of political subdivisions of the state. 1. a. A
service award program may be adopted only by resolution of the governing
board of a political subdivision, receiving the affirmative vote of at
least sixty percent of the governing board of the political subdivision
having control of the fire departments and fire companies, and the
approval of a mandatory referendum authorizing the adopting of the
program by the eligible voters within such political subdivision.

b. The resolution authorizing the adoption of a service award program
shall state:

(i) the name of each fire company having volunteer firefighters who
are potential participants in the program;

(ii) whether the program will be administered by the political
subdivision or the state;

(iii) the entitlement age under the program;

(iv) the estimated annual cost of program, including the estimated
annual administration fee;

(v) the number of years of fire service required to obtain a
nonforfeitable right to a service award;

(vi) the activities for which points shall be granted toward a year of
fire service;

(vii) the amount of the contribution to the program to be made on
behalf of each participant credited with a year of fire service;

(viii) the extent to which the program provides for contributions for
fire service rendered by a participant during one or more of the five
calendar years immediately preceding the adoption of the program;

(ix) in the case of a service award program which provides for
contributions for fire service rendered by a participant during one or
more of the five calendar years immediately preceding the adoption of
the program, the timing and method of financing such contributions;

(x) the date as of which the program shall take effect; in the case of
a service award program to take effect on a day other than the first day
of January, whether points toward a year of fire service shall be
granted for activities performed prior to the effective date of the
program and on or after the immediately preceding first day of January;
and

(xi) the date on which the proposition authorizing the adoption of the
program shall be submitted to referendum.

2. Upon the affirmative vote of at least sixty percent of the
governing board of the political subdivision, which political
subdivision has contracted with volunteer fire departments or fire
companies located in a fire protection district of such political
subdivision, there shall be held a mandatory referendum of the eligible
voters residing within such fire protection districts to determine
whether such governing board shall establish a service award program for
the volunteer firefighters of such volunteer fire departments or fire
companies.

3. (a) The referendum described in subdivision one or two of this
section shall state the type of service award program selected, whether
a defined contribution program described in section two hundred eighteen
or a defined benefit program described in section two hundred nineteen
of this article.

(b) The referendum described in subdivision one or two of this section
shall state the estimated annual cost of the service award program,
including the estimated annual administration fee, the projected monthly
award to be paid to eligible volunteer firefighters and the estimated
annual cost per covered participant.

(c) The referendum described in subdivision one or two of this section
shall state whether the service award program will be administered by
the political subdivision or the state of New York.

(d) Payments under the service award program if adopted, shall not
impair any rights of the volunteer firefighters under the volunteer
firefighters' benefit law or any other law.

(e) Except as otherwise provided in this paragraph once a service
award program has been established, it may be abolished or amended in
the same manner as it was created in accordance with the provisions of
this article by following the procedures set forth in subdivision one or
two of this section. The point system adopted by the governing board of
the sponsor of a service award program pursuant to subdivision (c) of
section two hundred seventeen of this article may be amended by the
affirmative vote of at least sixty percent of such governing board,
without referendum, provided, that, consistent with the provisions of
subdivision (c) of section two hundred seventeen, the only effect of the
amendment is to decrease the number of points granted for the
performance of an activity, increase the amount of an activity required
to earn the points granted for the performance of the activity, or both.
Any amendment to a service award program shall only take effect as of
the first day of January next succeeding completion of the proceedings
required for adoption of the amendment and shall only apply
prospectively.

4. Within thirty days of voter approval of the referendum described in
subdivisions one and two of this section, the governing board of the
political subdivision shall notify the state comptroller of the adoption
of the service award program, 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.

5. Notwithstanding any inconsistent provision of law, no member of the
governing board of a political subdivision of the state is prohibited by
virtue of being a member of a volunteer fire company or department from
voting upon a resolution authorizing a referendum on the establishment
of a service award program if more than forty percent of the governing
board would otherwise be prohibited from voting upon such resolution.
Any member of such governing board voting upon such a resolution who
serves as a member of a volunteer fire company or department shall
publicly disclose in writing to the governing board such status. Such
written disclosure shall be part of and set forth in the official record
of the proceedings of such governing board.