East Clinton Fire Department

 

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EAST CLINTON FIRE DISTRICT

Town of Clinton

Dutchess County, New York

 

RESOLUTION TO CREATE A DEFINED CONTRIBUTION SERVICE AWARDS PROGRAM FOR THE EAST CLINTON FIRE DISTRICT

 

October 16, 2019

 

         At a regular meeting of the Board of Fire Commissioners of the East Clinton Fire District (hereinafter the “Board”), Town of Clinton, Dutchess County, New York, held at 9 Firehouse Lane, Clinton Corners, New York, on October 16, 2019, at 7:30 o'clock P.M.

 

         The meeting was called to order by Stephen N. Forschler, Chairman, and upon the roll being called, the following were present:

 

                  Stephen N. Forschler, Chairman

                  Arthur Weiland

                  Michael DiGiacomio

                  Robert Trzcinski

                  Byron Calame

 

         The following resolution was moved and seconded, to-wit:

 

WHEREAS; the eligible voters residing within the East Clinton Fire District approved, at a referendum held on October 16, 2008, the establishment of a Defined Benefit Service Award Program for active volunteer firefighters of the East Clinton Fire District in accordance with Article 11-A of the New York State General Municipal Law (hereinafter the “Defined Benefit Program”); and,

 

WHEREAS; the Board of Fire Commissioners has determined that it is in the best interests of the East Clinton Fire District to adopt a Defined Contribution Service Award Program for active volunteer firefighters of the East Clinton Fire District in accordance with Article 11-A of the New York State General Municipal Law for all individuals who are not participants in the Defined Benefits Program or are approved as Active Firefighters of the East Clinton Fire District on or after January 1, 2020;

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Fire Commissioners of the East Clinton Fire District, in accordance with Article 11-A of the New York State General Municipal Law, subject to approval at a mandatory referendum of East Clinton Fire District residents, proposes to close the existing Defined Benefit Service Award Program to those individuals who were not participants in the Defined Benefit Program as of January 1, 2020, and to adopt, effective January 1, 2020, a Defined Contribution Service Award Program, hereinafter the “Program”, for all individuals who are approved as Active Firefighters of the East Clinton Fire District on or after January 1, 2020; and as well as any other individual who did not become at participants in the Defined Benefit Program prior to of January 1, 2020; and

 

IT IS FURTHER RESOLVED THAT

         1.  The type of Program shall be a defined contribution program as set forth in New York State General Municipal Law Section 218;    

         2.  All Active volunteer firefighters of the East Clinton Fire District, who are not participants in the Defined Benefits Program and who are at least 18 years of age and who have completed at least one (1) year of firefighting service with the East Clinton Fire District, shall become Program participants.  Except for those participants who attain the Program entitlement age before attaining five years of service credit, a participant must earn five years of service credit to attain a fully 100% vested status in the Program.

         3.  Any Active volunteer firefighter who is eligible to participate in the Program  may waive participation.  Such waiver of participation shall be in writing in a form acceptable to the Board of Fire Commissioners of the East Clinton Fire District.  Such waiver of participation may be rescinded at any time in which case said firefighter’s participation in the Program shall commence on the date such written rescission is received by the Secretary of the Fire District.

         4.  The estimated initial annual cost of the defined contribution program is $3,500.00 plus an estimated annual administration fee of $300.00.  The estimated annual cost to fund the Program thereafter shall be $700.00 for each participant who qualifies for a contribution, as set forth below, plus an annual administration fee per participant pursuant to the NYS Comptroller’s contract with the Plan Administrator; and

        

IT IS FURTHER RESOLVED THAT,  pursuant to New York State General Municipal Law Section 218 (b), the amount of $700 shall be contributed for each participant who earns at least 50 points (i.e., one year of service credit) pursuant to New York State General Municipal Law Section 217(c) and, as adopted by the East Clinton Fire District Board of Fire Commissioners; and

 

IT IS FURTHER RESOLVED THAT,  pursuant to New York State General Municipal Law Section 218 (b), the maximum number of years of service for which a participant may receive a Program contribution shall be 40 years; and

 

IT IS FURTHER RESOLVED THAT the Entitlement Age, as defined in New York State General Municipal Law Section 215, is 62 years of age; and

 

IT IS FURTHER RESOLVED THAT participants who continue to be Active volunteer firefighters of the East Clinton Fire District after they attain the Entitlement Age shall have the right to continue to earn service credits pursuant to the Program; and

 

IT IS FURTHER RESOLVED THAT the East Clinton Fire District Board of Fire Commissioners shall be the Sponsor of the Program; and

 

IT IS FURTHER RESOLVED THAT the New York State Office of the Comptroller shall be the Administrator of the Program, as set forth in New York State General Municipal Law Section 216-c.; and

 

IT IS FURTHER RESOLVED THAT, pursuant to 2 NYCRR Part 154.3, the Secretary of the Board of Fire Commissioners of the East Clinton Fire District shall send notice to New York State Office of the Comptroller of the approval of the Program and the approval of the New York State Office of the Comptroller as Administrator of the Program, within 30 days of such approval; and

 

IT IS FURTHER RESOLVED THAT, pursuant to 2 NYCRR Part 154.4, the East Clinton Fire District Board of Fire Commissioners is hereby authorized to enter into an Agreement with the Administrator setting forth the obligations of the Sponsor and the East Clinton Fire District’s locally determined features of the Program; and.

 

         IT IS FURTHER RESOLVED THAT all other provisions of the Program shall be subject to, and governed by, Article 11-A of the New York State General Municipal Law, as may be amended from time to time; and

 

         IT IS FURTHER RESOLVED THAT the Board of Fire Commissioners of the East Clinton Fire District may retain qualified professional services to assist them in their duties as Sponsor; and

 

         IT IS FURTHER RESOLVED THAT nothing herein shall act in any way to abridge or prejudice any rights of any East Clinton Fire District Active volunteer firefighter who is currently a participant in the East Clinton Fire District’s Defined Benefit Program.

 

The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:

 

Stephen N. Forschler                Aye

Arthur Weiland                        Aye 

Michael DiGiacomio                Aye 

Robert Trzcinski                      Aye

Byron Calame                         Aye

 

The resolution was thereupon declared duly adopted by the East Clinton Board of Fire Commissioners pursuant to Article 11-A of the New York State General Municipal Law.

 

Dated: October 16, 2019

         Clinton Corners, New York

                                             East Clinton Fire District

                                             Board of Fire Commissioners

                                                      Karen Buechele, Secretary