219-C - Definitions.

§ 219-c.  Definitions.  As used in this article:    1.  "Ambulance  company" shall mean a municipal ambulance service or a  voluntary ambulance service, but shall not include an ambulance  service  organized pursuant to section two hundred nine-b of this chapter.    2.  "Defined  contribution  plan" means any service award program that  provides to a participant a  benefit  as  the  result  of  definite  and  determinable  contributions  made  to  the  program  on  behalf  of  the  participant without reference to any income, expense, gains or losses or  forfeitures of other participants under the program.    3. "Entitlement age" means the earliest age, except  in  the  case  of  disability  or  death,  designated by the sponsor at which a participant  who has a nonforfeitable right to a service award is entitled  to  apply  for  and  begin receiving a service award. In no event shall entitlement  age be earlier than age fifty-five nor later than age sixty-seven.    3-a. "Fiduciary" means any person, including an administrative service  agency and a financial organization, exercising discretionary  authority  or control with respect to the administration of a service award program  or  the  custody,  management  or  disposition of program assets, or any  person who renders advice to the program for a fee.    4. "Fund" means the volunteer ambulance  service  award  fund  created  pursuant to this article.    4-a.  "Municipal  ambulance  service"  means  an  ambulance service as  defined in subdivision two of section three thousand one of  the  public  health  law operated by a municipal corporation or agency thereof, or by  an ambulance district, and staffed in whole  or  in  part  by  volunteer  ambulance workers.    5.  "Nonforfeitable"  means  the unconditional and legally enforceable  right to receive a service award.    6. "Participant" means a volunteer ambulance worker who satisfies  the  age  and  service requirements of subdivision one of section two hundred  nineteen-e of this article.    6-a. "Political subdivision" means  a  county,  city,  town,  village,  ambulance  district, or fire protection district which contracts with an  ambulance service which is not organized pursuant to section two hundred  nine-b of this chapter.    7. "Service award" means the benefit payable  pursuant  to  a  service  award program.    8.  "Service  award program" or "program" means a defined contribution  plan established, adopted and maintained under this article  to  provide  service awards for volunteer ambulance workers.    9.   "Sponsor"   or   "sponsoring   organization"  means  a  political  subdivision which adopts a service award program.    9-a. "Voluntary ambulance  service"  means  an  ambulance  service  as  defined in subdivision three of section three thousand one of the public  health law (i) operating not for pecuniary profit or financial gain, and  (ii)  no  part  of the assets or income of which is distributable to, or  enures to the benefit of its members, directors or  officers  except  to  the extent permitted under article thirty of the public health law.    9-b.  "Volunteer ambulance worker" means an active volunteer member of  an ambulance company as specified on a list regularly maintained by  the  company for purposes of the volunteer ambulance workers' benefit law.    10.  "Year  of ambulance service" means a calendar year during which a  volunteer  ambulance  worker  accumulates  at  least  fifty  points   in  accordance  with the system established pursuant to subdivision three of  section two hundred nineteen-e of this article.    11. "Elected or appointed position" means  the  directors,  president,  vice  president,  treasurer,  secretary  or other corporate officers and  line officers of an ambulance company.12.  "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.    13.   "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.    14.  "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  insurance  department;  (iii)  licensed or chartered by the state  banking  department;  (iv)  chartered  by  an  agency  of  the   federal  government;  or  (v)  subject  to the jurisdiction and regulation of the  securities and exchange commission of the federal government.