§ 216-c. State administration of service award programs. 1. On or
before the fifteenth day of November, two thousand eight and of each
succeeding calendar year, the administrator shall determine the amount
that each participating program sponsor is required to pay for the
state-administered service award programs. The administrator shall
submit to the fiscal officer of each political subdivision a statement
of the amount so payable. Such amount shall consist of the amount deemed
necessary to provide for payment in full of all estimated obligations of
the current fiscal year of the fire service awards program and any
additional obligations, plus interest on such amount, for fiscal years
proceeding the current fiscal year. If, as a result of the amount
determined to be paid for any fiscal year, a participating program
sponsor over-paid its actual obligation for that year, the amount to be
determined by the administrator for the next succeeding November
fifteenth shall reflect the amount of the over payment, plus interest,
as a reduction in the amount otherwise required to be paid by such
participant political subdivision.

2. State-administered service award programs may be centrally
administered by the state comptroller, or the comptroller may enter into
one or more of the following contracts:

(a) a contract with an administrative service agency or financial
organization to serve as program administrator and to perform all or any
portion of the functions required to establish and administer such
programs including, but not limited to, preparation of a plan document,
record keeping, reporting, payment of service awards, and having custody
of program moneys and assets;

(b) contracts with one or more financial organizations to invest
program moneys; or

(c) a contract with an actuary for the performance of all actuarial
calculations required by the program.

If the comptroller contracts for the performance of any function as
provided in this subdivision, the comptroller shall be liable only for
the exercise of due care in the selection of the administrative service
agency, financial organization or actuary performing the function.

3. The state comptroller shall promulgate rules and regulations, as
appropriate, for the service award programs. Such rules shall include,
but not be limited to, standards for the selection of service providers,
the method and timing of the payments required to be made by the
sponsor, reporting requirements, matters relating to the preparation of
a plan document, application procedures for transfer into the
state-administered program, and any other matter relating to the service
award programs.

4. (a) The state comptroller, or an administrative service agency or
financial organization serving as program administrator, shall prepare
and may amend a single plan document setting forth the obligations of
sponsors, the rights of the volunteer firefighters, and standards and
procedures for the administration of all state-administered service
award programs. The plan document and any amendments thereto shall be
consistent with the provisions of this article, the rules and
regulations promulgated by the comptroller and any amendments thereto.
If the plan document or any amendment thereto is prepared by an
administrative service agency or financial organization, it shall not
take effect until approved by the comptroller.

(b) The program administrator shall cause a summary of the plan
document to be provided to each participant within six months from the
date that program participation commences. The program administrator
shall also cause a summary of any material amendment of the plan
document to be provided to each participant within six months of the
date the amendment takes effect.

(c) The plan document and the summary of the plan document shall be
made available for public inspection and copying.

5. All program assets shall be held in trust for the exclusive purpose
of providing service awards to participants and their beneficiaries or
for the purpose of defraying the reasonable expenses of the operation
and administration of the program. The trust shall be established and
may be amended by the state comptroller. The comptroller may designate
himself or herself, an administrative service agency, or a financial
organization as trustee, and may substitute trustees. If the service
award programs and the trust are not tax qualified within the meaning of
sections 401 and 501 of the Internal Revenue Code of 1954 (68A Stat.
3.26 U.S.C. 401 and 501), the trust may provide that assets apportioned
to an individual sponsor may be subject to the claims of general
creditors, if any, of the sponsor or may contain such other terms and
provisions as are necessary to ensure that participation in a service
award program does not result in taxable income under any provision of
the Internal Revenue Code of 1986, as amended.

6. There is hereby established in the custody of the state comptroller
a special fund to be known as the volunteer firefighter service award
fund. Such fund shall consist of any money of service award programs
held by the comptroller. Moneys may be paid from such fund without an
appropriation by law. All payments from such fund shall be made only in
accordance with the provisions of this article, the rules and
regulations promulgated thereto and the plan document.

7. The moneys held for the sponsor of each service award program shall
be accounted for separately. The administrator shall cause a statement
of contributions to be provided to sponsors at least once annually.

8. The administrator and every fiduciary of a service award program
shall be required to act solely in the interest of the program's
participants and beneficiaries. Notwithstanding the provisions of any
general or special law restricting the power or duty of the state
comptroller to invest moneys belonging to a fund which the comptroller
is authorized to invest, a fiduciary may accept, hold, invest in and
retain any investment if purchased or retained with the care, skill,
prudence and diligence under the circumstances then prevailing that a
prudent person acting in a like capacity and familiar with such matters
would use in the conduct of an enterprise of like character and with
like aim.

9. (a) All contracts or agreements with an administrative service
agency, financial organization or actuary shall be awarded only after
receiving competitive proposals. In addition to other statutory
requirements, the state comptroller shall cause to be published in the
state register and in the official newspaper or newspapers, if any, or
otherwise in an appropriate newspaper designated for such purposes, at
least sixty days prior to the date on which the contract or agreement
will be awarded and shall request proposals within thirty days of
publications.

(b) All contracts and agreements entered into with an administrative
service agency, financial organization or actuary shall be in writing,
shall not exceed five years in duration, and shall impose no penalties
or surrender charges for the transfer of assets or responsibilities on
termination of the contract or agreement. Such contracts and agreements
shall be available for public inspection and copying.