Bill S6998-2011

Legalizes, validates, ratifies and confirms the Penn Yan fire department length of service award program

Legalizes, validates, ratifies and confirms the Penn Yan fire department length of service award program.

Details

Actions

  • Jun 20, 2012: referred to local governments
  • Jun 20, 2012: DELIVERED TO ASSEMBLY
  • Jun 20, 2012: PASSED SENATE
  • Jun 20, 2012: HOME RULE REQUEST
  • Jun 20, 2012: ORDERED TO THIRD READING CAL.1414
  • Jun 20, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Apr 20, 2012: REFERRED TO LOCAL GOVERNMENT

Meetings

Votes

Memo

BILL NUMBER:S6998

TITLE OF BILL: An act to legalize, validate, ratify and confirm the Penn Yan fire department length of service award program

PURPOSE: This bill would allow volunteer firefighters to participate in various activities of the fire department during the course of a year in order to earn sufficient points to be credited with a year of service toward qualifying benefits.

SUMMARY OF PROVISIONS: Section 1 - The Penn Yan fire department in 1999 pursuant to article 11-A of the general municipal law, including the adoption of a point system whereby volunteer firefighters may participate during the course of a year in various activities and earn points to qualify for benefits is hereby legalized, validated, ratified and confirmed.

Section 2 - The Penn Yan fire department length of service award program will have been in full force and effect on and after January 1, 1999, and volunteer firefighters who have participated in this service award program during the period beginning January 1, 1999 and ending December 31, 2011 will be credited with points in accordance with the point system adopted by the village of Penn Yan.

Section 3 - This act shall take effect immediately.

JUSTIFICATION: The Village of Penn Yan created a LOSAP for the Penn Yan Fire Department in 1999 by adopting a resolution creating the LOSAP and holding a referendum which ratified the creation of the LOSAP. Although a point system was devised by the fire companies of the Penn Yan Fire Department the point system was never approved by the Board of Trustees until December 20, 2011, which approval was required by GML Article 11-A. The volunteer firefighters performed their firefighting service with a good faith expectation that they would qualify for each annual "year of service" in which, based upon their participation in sufficient activities of the Fire Department, they earned the requisite number of points that year for such qualifications. It would be an injustice for benefits to be denied any volunteer firefighter who, with a good faith expectation of receiving LOSAP benefits, participated in activities of the Fire Department at a level to earn years of service, thereby qualifying for LOSAP benefits.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None to State.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6998 IN SENATE April 20, 2012 ___________
Introduced by Sen. O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to legalize, validate, ratify and confirm the Penn Yan fire department length of service award program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Notwithstanding any other provision of law, all proceedings and actions taken by the village of Penn Yan, county of Yates, in relation to the creating a length of service award program for the Penn Yan fire department in 1999 pursuant to article 11-A of the general municipal law, including the adoption of a point system whereby volun- teer firefighters may participate in various activities of the fire department during the course of a year in order to earn sufficient points to be credited with a year of service toward qualifying benefits, are hereby legalized, validated, ratified and confirmed. S 2. The Penn Yan fire department length of service award program described in section one of this act shall be deemed to have been in full force and effect on and after January 1, 1999, and volunteer fire- fighters participating in such service award program during the period beginning January 1, 1999 and ending December 31, 2011 shall be credited with points for participation in activities of such fire department in accordance with the point system adopted by the village of Penn Yan. S 3. This act shall take effect immediately.

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