§ 216-b. Continuation of service award programs. 1. (a) In the event
that a town establishes a service award program for the volunteer
firefighters of a fire company located within a fire protection district
and, subsequently, the fire protection district is dissolved and the
entire area thereof is included in or added to a fire district
established pursuant to article eleven of the town law, and the fire
district neither has established a service award program nor includes
the area of any other jurisdiction which has established a service award
program, the service award program established by the town shall be
continued as provided in this subdivision.

(b) Except as otherwise provided in this subdivision, as of the date
of completion of the proceedings described in paragraph (a) of this
subdivision or, in the case of a newly established fire district, as of
the date of the first organization meeting of the board of fire
commissioners, the town shall have no further responsibility for
administering or funding the service award program and the fire district
shall assume responsibility for those functions. As of that date, the
fire district shall succeed the town as the sponsor of the service award
program and the board of fire commissioners shall exercise and perform
all of the powers and duties of the sponsor of the program under this
article and under any agreements or contracts entered into by the town
pursuant thereto in furtherance of its powers and duties as sponsor of
the program, including but not limited to the program trust agreement
and any contracts relating to the custody, control, investment, or
disbursement of program assets. The fire district shall be responsible
for funding any unfunded liability of the sponsor of the program
existing as of the date the fire district succeeds the town as sponsor
of the program.

(c) Upon the fire district's succeeding the town as sponsor of the
service award program, the town shall retain responsibility for
administering the assets of the program until discharged from such
responsibility as provided in this subdivision. Except for those records
required for the continued administration of program assets, the town
shall turn over immediately to the fire district all records maintained
by the town as sponsor of the program.

(d) Within sixty days after the date on which the fire district
succeeds the town as sponsor of the service award program, the board of
fire commissioners of the fire district shall develop a plan for the
continued administration of program assets. Subject to the provisions of
the program trust agreement and any contracts entered into by the town
in furtherance of its powers and duties as sponsor of the program, such
plan may provide for the custody, control, transfer, investment, or
disbursement of program assets. Such plan, however, shall provide for
the replacement of any individual serving in his or her official
capacity as a town officer or employee as trustee or in any other
position involving the administration of program assets. In developing
such plan, the board of fire commissioners may request from the town
information concerning the town's administration of program assets, and
the town shall provide promptly such information as the board may
reasonably request. Upon completion of the plan, the board of fire
commissioners shall submit to the supervisor of the town a copy of the
plan and a list of actions required to be taken by the town for
implementation of the plan, including but not limited to execution of
documents and the transfer of assets. Immediately after receiving such
plan and list, the supervisor shall cause the actions on the list to be
taken. Upon completion of the actions on the list and submission to the
board of fire commissioners of all town records relating to the
administration of program assets, the town shall be discharged from any
further responsibility for administering the assets of the program. In
the event that the board of fire commissioners fails to submit to the
supervisor such plan and list within sixty days after the date on which
the fire district succeeds the town as sponsor of the program, the
supervisor may submit to the board of fire commissioners all town
records relating to the administration of program assets, and upon such
submission the town shall be discharged from any further responsibility
for administering the assets of the program, and the board of fire
commissioners shall assume responsibility for administering the assets
of the program.

(e) The participants in the service award program as of the date that
the fire district succeeds the town as sponsor of the program shall
retain all point totals, service credit, contributions, and benefits
earned prior to that date, irrespective of whether or not a participant
has acquired a nonforfeitable right to a percentage of a service award
on or before such date; provided, however, that nothing in this
subdivision shall be construed as modifying or eliminating any
requirement that a participant obtain a nonforfeitable right to a
percentage of a service award in accordance with the provisions of the
program. Any other active volunteer firefighters of the fire district
fire department shall be eligible to participate in the service award
program. Such active volunteer firefighters shall earn credit for years
of firefighting service commencing with the calendar year in which the
fire district succeeds the town as sponsor of the program, based on
activities performed on or after the date that the fire district
succeeds the town as sponsor.

(f) Except as provided in this subdivision, the service award program
shall continue to be governed by the provisions of this article.

2. (a) In the event that either a town establishes a service award
program for the volunteer firefighters of a fire company located within
a fire protection district or a village establishes a service award
program for the volunteer firefighters of the village fire department or
a fire district establishes a service award program for the volunteer
firefighters of the fire district fire department and, subsequently, the
entire area of the fire protection district, village, or fire district
is included in or added to a joint fire district established pursuant to
article eleven-A of the town law and article twenty-two-A of the village
law, and the joint fire district neither has established a service award
program nor includes the area of any other jurisdiction which has
established a service award program, the service award program
established by the town, village, or fire district shall be continued as
provided in this subdivision.

(b) Except as otherwise provided in this subdivision, as of the date
of completion of the proceedings described in paragraph (a) of this
subdivision or, in the case of a newly established joint fire district,
as of the date of the first organization meeting of the board of fire
commissioners of the joint fire district, the town, village, or fire
district which established the service award program shall have no
further responsibility for administering or funding the program and the
joint fire district shall assume responsibility for those functions. As
of that date, the joint fire district shall succeed the town, village,
or fire district as the sponsor of the service award program, and the
board of fire commissioners of the joint fire district shall exercise
and perform all of the powers and duties of the sponsor of the program
under this article and under any agreements entered into by the town,
village, or fire district pursuant thereto in furtherance of its powers
and duties as sponsor of the program, including but not limited to the
program trust agreement and any contracts relating to the custody,
control, investment, or disbursement of program assets. The joint fire
district shall be responsible for funding any unfunded liability of the
sponsor of the program existing as of the date that the joint fire
district succeeds the town, village, or fire district as sponsor of the
program.

(c) Upon the joint fire district's succeeding the town, village, or
fire district which established the service award program as sponsor of
the program, the town, village, or fire district shall retain
responsibility for administering the assets of the program until
discharged from such responsibility as provided in this subdivision.
Except for those records required for the continued administration of
program assets, the town, village, or fire district shall turn over
immediately to the joint fire district all records it maintained as
sponsor of the program.

(d) Within sixty days after the date on which the joint fire district
succeeds the town, village, or fire district which established the
service award program as sponsor of the program, the board of fire
commissioners of the joint fire district shall develop a plan for the
continued administration of program assets. Subject to the provisions of
the program trust agreement and any contracts entered into by the town,
village, or fire district in furtherance of its powers and duties as
sponsor of the program, such plan may provide for the custody, control,
transfer, investment, or disbursement of program assets. Such plan,
however, shall provide for the replacement of any individual serving in
his or her official capacity as a town, village, or fire district
officer or employee as trustee or in any other position involving the
administration of program assets. In developing such plan, the board of
fire commissioners may request from the town, village, or fire district
information concerning the town, village, or fire district's
administration of program assets, and the town, village, or fire
district shall provide promptly such information as the board may
reasonably request. Upon completion of the plan, the board of fire
commissioners shall submit to the supervisor of the town, the mayor of
the village, or the chairperson of the board of fire commissioners of
the fire district a copy of the plan and a list of actions required to
be taken by the town, village, or fire district for implementation of
the plan, including but not limited to execution of documents and the
transfer of assets. Immediately after receiving such plan and list, the
supervisor, mayor, or chairperson of the board of fire commissioners
shall cause the actions on the list to be taken. Upon completion of the
actions on the list and submission to the board of fire commissioners of
the joint fire district of all town, village, or fire district records
relating to the administration of program assets, the town, village, or
fire district shall be discharged from any further responsibility for
administrating the assets of the program. In the event that the board of
fire commissioners of the joint fire district fails to submit such plan
and list within sixty days after the date on which the joint fire
district succeeds the town, village, or fire district as sponsor of the
program, the supervisor, mayor, or chairperson of the board of fire
commissioners may submit to the board of fire commissioners of the joint
fire district all town, village, or fire district records relating to
the administration of program assets and upon such submission the town,
village, or fire district shall be discharged from any further
responsibility for administering the assets of the program, and the
board of fire commissioners of the joint fire district shall assume
responsibility for administering the assets of the program.

(e) The participants in the service award program as of the date that
the joint fire district succeeds the town, village or fire district
which established the service award program as sponsor of the program
shall maintain all point totals, service credit, contributions, and
benefits earned prior to that date, irrespective of whether or not a
participant has acquired a nonforfeitable right to a percentage of a
service award on or before such date; provided, however, that nothing in
this subdivision shall be construed as modifying or eliminating any
requirement that a participant obtain a nonforfeitable right to a
percentage of a service award in accordance with the provisions of the
program. Any other active volunteer firefighters of the joint fire
district fire department shall be eligible to participate in the service
award program. Such active volunteer firefighters shall earn credit for
years of firefighting service commencing with the calendar year in which
such proceedings are completed, based on activities performed on or
after the date of completion of such proceedings.

(f) Except as provided in this subdivision, the service award program
shall continue to be governed by the provisions of this article.