§ 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.