219-M - Participation, vesting and service credit.
§ 219-m. Participation, vesting and service credit. 1. A volunteer ambulance worker must be eligible to participate in any service award program provided under this article if the volunteer ambulance worker has reached the age of eighteen and has completed at least one year of ambulance service. 2. A participant shall have a nonforfeitable right to a service award upon completing five years of ambulance service. Any amounts attributable to forfeiture of a participant's service award shall be used to reduce contributions for all other service award program participants and shall not in any case be used to increase benefits for any other participants. The provisions of this subdivision shall not preclude amendment of a service award program to provide for an increase in benefits. 3. A year of ambulance service shall be credited under a service award program for each calendar year, beginning with the year in which the program is adopted, in which a volunteer ambulance worker accumulates at least fifty points. Except as provided in subdivision five of this section and subdivision eight of section two hundred nineteen-l of this article, points shall be granted for activities performed after the effective date of the program in accordance with a system adopted by the sponsor which shall be applied on a consistent and uniform basis. Such system shall provide that points shall be granted for activities designated by the sponsor, which activities shall be selected from the following: (a) Training courses -- twenty-five points maximum. (i) Courses under twenty hours duration -- one point per hour, with a maximum of five points. (ii) Courses of twenty to forty-five hours duration -- one point per hour for each hour over initial twenty hours, with a maximum of ten points. (iii) Courses over forty-five hours duration -- fifteen points per course. For purposes of this paragraph, the term "training course" shall mean a course of instruction having a prescribed topic and syllabus. Points for a training course shall be awarded only upon the successful completion of the course and only in the year in which the course is successfully completed. (b) Drills and seminars -- twenty points maximum. One point per minimum two hour drill or seminar. For purposes of this paragraph, the term "drill" shall mean a skills practice or skills training session related to emergency medical service and the term "seminar" shall mean a lecture on a topic relating to the emergency medical service. (c) Sleep-in or stand-by -- twenty points maximum. (i) Sleep-in -- one point each full night. (ii) Stand-by -- one point each. A stand-by is defined as line of duty activity of the volunteer ambulance company, lasting for four hours, not falling under one of the other categories. A service award program may not provide points pursuant to this paragraph if the program provides points for tours of duty pursuant to paragraph (d) of this subdivision. (d) Tours of duty. A maximum of twenty points may be granted serving tours of duty at a rate equal to no more than one-sixth of a point per hour served as determined by the sponsor. For purposes of this paragraph, the term "tour of duty" shall mean a line of duty activity, not falling under one of the other paragraphs of this subdivision, involving a period of time scheduled or assigned by an ambulance company during which a volunteer ambulance worker is responsible for providing emergency medical service or general ambulance service, includingsleep-ins, stand-bys and backup duty, by reason of being stationed at an event, as part of a rostered duty crew or as otherwise provided by the regular procedures of the ambulance company. A sponsor may also define two or more activities included within the meaning of the term tour of duty and provide for points to be granted for the performance of such activities at different rates, provided, that points for such activities shall not be granted at a rate in excess of one-sixth of a point per hour served and no more than twenty points shall be granted for all such activities. A service award program may not provide points pursuant to this paragraph if the program provides points for sleep-ins or stand-bys pursuant to paragraph (c) of this subdivision. (e) Elected or appointed position, as defined in subdivision sixteen of section two hundred nineteen-k of this article -- twenty-five points maximum. (i) Completion of one year term in an elected or appointed position. (ii) A volunteer ambulance worker elected to serve as a delegate to an ambulance workers' convention shall also be eligible to receive one point per meeting. (iii) A volunteer ambulance worker appointed to serve on the New York state emergency medical services council, the state emergency medical advisory committee, a regional emergency medical services council or a regional emergency medical advisory committee, established pursuant to article thirty of the public health law shall also be eligible to receive one point per meeting. (f) Attendance at meetings -- twenty points maximum. (i) Attendance at any official meetings of the ambulance company -- one point per meeting. (ii) Attendance at official meetings of a standing committee of the ambulance company by a member of the committee -- one point per meeting. (g) Participation in ambulance company responses -- twenty-five points for responding on the minimum number of calls, as outlined below: Total number of calls 0 500 1000 1500 ambulance company responds to to to and to annually 500 1000 1500 over Minimum number of calls 10% 7.5% 5% 2.5% volunteer ambulance worker must run annually in order to receive twenty-five points credit A volunteer ambulance worker who is granted points toward a year of ambulance service pursuant to this paragraph may not be granted points toward the same year of ambulance service for alternative participation company responses pursuant to paragraph (h) of this subdivision. (h) Alternative participation in company responses. A maximum of twenty-five points may be granted for participation in company responses at a rate equal to no more than one-half point per response as determined by the sponsor. A volunteer ambulance worker who is granted points toward a year of ambulance service pursuant to this paragraph may not be granted points toward the same year of ambulance service for participation in company responses pursuant to paragraph (g) of this subdivision. (i) Miscellaneous activities -- maximum fifteen points. Participation in inspections and other activities covered by the volunteer ambulance workers' benefit law and not otherwise listed -- one point per activity. (j) Activities; designation. The sponsor may designate less than all the activities specified in this subdivision as activities for which points may be earned.4. Points toward a year of ambulance service may be granted for activities performed after a participant reaches entitlement age, but shall not be granted for activities performed after a participant applies for a service award. The maximum number of years for which a participant may receive credit for a year of ambulance service shall be forty years. 5. A service award program which is to take effect on a day other than the first day of January may provide for points to be granted toward a year of ambulance service for activities performed prior to the effective date of the program and on or after the immediately preceding first day of January, provided, the proposition authorizing adoption of the program contains a statement authorizing points to be granted for such activities. Points attributable to such activities shall be granted in accordance with the point system adopted by the sponsor pursuant to subdivision three of this section. 6. In computing credit for those volunteer ambulance workers who also serve as paid employees within a political subdivision of the state, credit shall not be given for activities performed during the individual's regularly assigned work periods. 7. A participant whose ambulance service is interrupted by full-time extended obligatory military service or by a single voluntary enlistment not to exceed four years in the armed forces of the United States shall be considered on military leave. During such period of military leave, the participant shall receive fifty points for each full year of military service, prorated for military service of less than a year. 7-a. An active volunteer ambulance worker's service award program may provide for the crediting of years of and points for volunteer ambulance service for periods after an active volunteer ambulance worker has reached the entitlement age and is receiving a service award. 8. The state comptroller may promulgate rules and regulations prescribing procedures and forms for the compilation and maintenance of records of the points accumulated by each volunteer ambulance worker. Each ambulance company shall compile and maintain such records in the manner prescribed. 9. The president, secretary and chief or comparable officers of each ambulance company shall submit to the governing board of the sponsor a list of all volunteer members, certified under oath, which shall identify those volunteer members who have qualified for credit under the award program for the previous year. Such list shall be submitted annually by March thirty-first or otherwise as provided in the rules and regulations of the state comptroller and shall be accompanied by such membership records and records of point accumulations as the governing board may require to substantiate the accuracy of the list. Notwithstanding the provisions of this subdivision a volunteer ambulance worker may request that his name be deleted from said list as a "participant". Such request for deletion shall be in writing and shall remain effective until withdrawn in the same manner. 10. The governing board of the sponsor shall review the list of each ambulance company and may delete the name of any person who was not a volunteer ambulance worker during the preceding calendar year or the name of any volunteer ambulance worker who did not earn fifty points during the preceding calendar year or whose point accumulation has not been adequately documented. Thereafter, the governing board shall approve the list and return a copy of the list to the ambulance company and forward a certified copy of the approved list to the program administrator. 11. Upon receipt of the approved list, the ambulance company shall post the list at its principal headquarters for at least thirty days. Avolunteer ambulance worker whose name does not appear on the approved list shall have the right to appeal within thirty days of posting of the list. The appeal shall be in writing and mailed to the clerk or secretary of the governing board of the sponsor, which shall investigate the appeal. The decision of the governing board shall be subject to judicial review pursuant to article seventy-eight of the civil practice law and rules. 12. A service award program may provide credit for years of ambulance service rendered by a participant during the five calendar years immediately preceding the year in which the program is adopted, but only if authorized pursuant to section two hundred nineteen-l of this article. In order to determine eligibility for such credit, each ambulance company shall review its prior membership rosters and service records to determine the number of years for which each participant is entitled to a contribution. In making such determination, the point system established pursuant to subdivision three of this section shall be used. The president, secretary and chief or comparable officers of the ambulance company shall submit to the governing board of the sponsor a certified list of participants who are entitled to such credit and the number of years for which each participant is entitled to such credit, and such membership and service records as the governing board may require. The list shall be submitted to and approved by the governing board, and posted by the ambulance company, at the same time and in the same manner as provided in subdivisions nine through eleven of this section, and each person named on the list approved by the governing board shall be entitled to the credit indicated thereon. A person whose name does not appear on the list as submitted to or approved by the governing board shall have the administrative and judicial remedies set forth in subdivision eleven of this section. 13. In the event that a volunteer ambulance worker is either totally and temporarily disabled or partially and permanently disabled as certified by the workers' compensation board or other competent authority approved by the state comptroller, and the disability occurs during the course of service as a volunteer while actively engaged in providing line-of-duty services as defined in the volunteer ambulance workers benefit law, the volunteer shall be credited with five points for each full month of such disability; provided, however, such volunteer shall cease to be credited with such line of duty disability points after attaining the entitlement age.