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419.2006 RESOLUTION TO AMEND THE TOWN’S VOLUNTEER FIRE FIGHTER SERVICE AWARD PROGRAM PLAN DOCUMENT RESOLUTION NO.: 419, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board previously adopted a Volunteer Fire Fighter Service Awards Program, and th WHEREAS, on September 14, 2004, Governor Pataki signed into law a bill increasing the maximum Service Awards able to be paid to Volunteer Firefighters and Volunteer Ambulance Workers, and WHEREAS, in accordance with the Town of Queensbury’s Local Law No. 11 of 1990 th adopted on September 6, 1990, the Town’s current program provides for a contribution for a participating volunteer of $400 per year, and WHEREAS, under a defined contribution plan, under the new bill, the Service Award Program contribution for a participating volunteer can now be increased to as much as $700 per year, and WHEREAS, the Town Board has received requests from the Town’s Fire and EMS Volunteers to increase the annual contribution, and WHEREAS, to increase the annual contribution under an existing service award program up to the maximum $700, the residents of the Town served by these organizations must approve a proposition authorizing the increase in payments, by placement of such proposition on the th ballot of the November 7, 2006 General Election for the voters’ approval or disapproval, and WHEREAS, the Town’s Service Award Plan currently provides that contributions to the Plan on behalf of volunteers cease when such volunteers reach the age they can receive the benefit (currently 62), and WHEREAS, the Town Board feels that as long as these volunteers continue to volunteer and meet the requirements for a contribution, that contributions should not cease on the attainment of such age, and WHEREAS, the Town Board wishes to amend portions of the Volunteer Fire Fighter Service Award Program Plan Document, and WHEREAS, such amendment is authorized, subject to a mandatory referendum, pursuant to Article 11-A of the New York General Municipal Law, and WHEREAS, estimated additional costs to the annual contribution from the existing $400 under the current plan to $700 will be approximately $74,400, or the estimated additional costs will increase if the Plan is amended by the approval of the Proposition for a participating Volunteer to continue to receive contributions after attaining the age such Volunteer is entitled to receive payment of his/her accrued service award (i.e., 62) will be approximately $89,100, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts the following changes to the Volunteer Fire Fighter Service Award Program Plan Document (the “Plan”), subject to a mandatory referendum at the November 7, 2006 general election: A.Section 2.00 of the Plan, entitled “Account Balance”, is amended to read as follows: 2 The balance on any given date in the account established and maintained by the Board for a Participant in accordance with the provisions of Article VII. to which an annual contribution of $400 is credited as of the last day of each calendar year during which the Participant earns a Year of Service Credit for the calendar year and to which program administration expenses not paid by the Board and Investment Income are allocated also as of the last day of each calendar year in accordance with the provisions of Section 9.04; provided, however, the account balances of Participants who earn one or more Year of Service Credit for Prior Service shall be credited with $400 contributions for each such year of credit in accordance with the provisions of Section 7.03. B. Section 3.03 of the Plan, entitled “Termination of Participation”, is amended to read as follows: A firefighter will cease to be a Participant in the Service Award Program as of the date on which the firefighter or the firefighter’s designated beneficiary is entitled to begin to receive payment of the firefighter’s Accrued Service Award; provided, however, a firefighter who has not earned a Non-forfeitable Right to his Accrued Service Award ceases to be a Participant on the last day of the calendar year during which the firefighter ceased to be a member of the Fire Department or at the end of the fifth consecutive year during which an active non-vested Participant fails to earn at least 50 point in any of the five years. C. Article IV of the Plan, entitled “Service Award Payable upon Participant Attainment of Entitlement Age”, is amended by adding the following new Section 4.05: Section 4.05 Continuation of Participation Years of, and points for, active firefighting service shall be credited for periods after a Participant has reached the Entitlement Age and has received or is receiving a Service Award. 3 D. Section 7.02 of the Plan, entitled “Time of Payment of Required Annual Contribution; Crediting of Participant’s Account Balances With Contributions”, is amended as follows: (i) Subparagraph (a) of the first paragraph is amended to read as follows: (a) $400 $700 for each Participant who earned a Year of Service Credit during the calendar year; (ii) The first sentence of the second paragraph is amended to read as follows: On the last day of the Calendar Year, the Account Balance of a Participant who earned a Year of Service Credit during the calendar year shall be increased by $400 $700;. E. Section 9.06 of the Plan, entitled “Conflict Between Local Law and Program Document” is deleted in its entirety. and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk and Town Counsel to prepare two propositions relating to this Resolution to be placed on the November 7, 2006 election ballot for the voters’ approval or disapproval and the Town Clerk, with the advice of Town Counsel, to prepare an abstract of the proposition, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves and authorizes a proposition substantially in the form of the following proposition pertaining to the increase in the 4 annual service award contribution for the Town of Queensbury’s Volunteer Fire and EMS workers: INCREASE IN MAXIMUM SERVICE AWARD CONTRIBUTION The Town of Queensbury proposes to increase the annual service award contribution for a participating Fire and Emergency Medical Service Volunteer from $400 per year to the maximum of $700 per year, in accordance with the bill signed into law on September 4, 2004 by Governor George Pataki, to be effective prospectively as of January 1 following the date the residents of the Town of Queensbury approve the proposition to increase the annual service award contribution. and BE IT FURTHER, RESOLVED, that the Town Board hereby approves a proposition substantially in the form of the following proposition pertaining to the right of a participating Fire or Emergency Medical Service Volunteer to continue to receive contributions after attaining the age such Volunteer is entitled to receive payment of his/her accrued service award (i.e., 62): CONTINUATION OF RIGHT TO RECEIVE CONTRIBUTION AFTER AGE OF 62: The Town of Queensbury proposes to permit a participating Fire or Emergency Medical Services Volunteer to continue to receive contributions under the Town’s Service Award Plan after such volunteer attains the age such volunteer is entitled to receive payment of his/her accrued service award (i.e., 62 under current plan) to be effective prospectively as of January 5 1 following the date the residents of the Town of Queensbury approve this proposition. and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to transmit a certified copy of this Town Board Resolution along with the propositions and abstracts to the Warren County Board of Elections or other appropriate officials so that the propositions will be placed on the November 7, 2006 election ballot in all the voting locations in the Town of Queensbury. st Duly adopted this 31 day of August, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Stec NOES : None ABSENT: Mr. Brewer 6