East Clinton Fire Department

 

Residents of ECFD!!
 
 
ECFD Open House Video explaining the resolutions: ECFD Open House Video
 
 
Please Vote December 10th between 4-9 pm at the East Clinton Fire House
 
                                                                      Read:   ECFD Letter to Residents
 

EAST CLINTON FIRE DISTRICT

Town of Clinton

Dutchess County, New York

 

RESOLUTION AMENDING THE DEFINED BENEFIT 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 14, 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; Section 4 of the Defined Benefit Program provides, inter alia, in pertinent part, that:

                        “The monthly payment accrued Service Award shall

                        be equal to $20 for each year of Service Award Program

                         service credit earned.”, and

 

            WHEREAS; Section 5 of the Defined Benefit Program provides, inter alia, in pertinent part, that:

                        “The $20 monthly lifetime payment service award shall

                        be increased to $30 after and only if the Internal Revenue

                        Code is amended to provide consistent federal income tax

                        treatment for both $20 and $30 service award payments.”; and

 

            WHEREAS; the Internal Revenue Code has been amended to provide consistent federal income tax treatment for both $20 and $30 service award payments; and

 

            WHEREAS; the Board desires to amend the Defined Benefit Program such that the monthly payment accrued Service Award shall continue to be equal to $20 for each year the Program’s service credit is earned by deleting the following sentence from Section 5 of the Program:

                        “The $20 monthly lifetime payment service award shall

                        be increased to $30 after and only if the Internal Revenue

                        Code is amended to provide consistent federal income tax

                        treatment for both $20 and $30 service award payments.”;

 

which amendment to the Defined Benefit Program would have no increase in the estimated annual cost per covered participant;

 

            WHEREAS; New York State Service Award Programs are governed by Article 11-A of the General Municipal Law which provides that any amendment to a Service Awards Program shall be subject to a mandatory referendum of the eligible voters residing within the East Clinton Fire District to determine if such amendment shall be adopted.

 

            NOW, THEREFORE, BE IT RESOLVED, that Section 5 of the Defined Benefit Program be amended to delete the following sentence:

                        “The $20 monthly lifetime payment service award shall

                        be increased to $30 after and only if the Internal Revenue

                        Code is amended to provide consistent federal income tax

                        treatment for both $20 and $30 service award payments.”

 

 

 

 

such that Section 5 shall read, in full, as follows:

                        “All service award payments are subject to any adjustment

                        that may be required by application of the Internal Revenue

                        Code for Participants in the East Clinton Fire District

                        Service Award Program to be liable for payment of federal

                        income tax only after they have begun to be paid their

                        Accrued Service Award; and

 

            BE IT FURTHER RESOLVED that all other provisions of the East Clinton Fire District Service Award Program shall not change and the Program shall continue to be administered by the Board in accordance with Article 11-A of the New York State General Municipal Law as such law is amended from time to time; and

 

            BE IT FURTHER RESOLVED that this resolution is adopted subject to approval of the eligible voters residing within the East Clinton Fire District at a special election to be held on December 10, 2019, and the Fire District Secretary is hereby authorized and directed to prepare ballots in substantially the following form:

 

SHALL THE RESOLUTION, ADOPTED BY THE EAST CLINTON FIRE DISTRICT BOARD OF FIRE COMMISSIONERS ON OCTOBER 16, 2019, AMENDING SECTION 5 OF THE EAST CLINTON FIRE DISTRICT SERVICE AWARD PROGRAM BY DELETING THE FOLLOWING SENTENCE:

                        “THE $20 MONTHLY LIFETIME PAYMENT SERVICE AWARD SHALL BE INCREASED TO $30 AFTER AND ONLY IF THE INTERNAL REVENUE CODE IS AMENDED TO PROVIDE CONSISTENT FEDERAL INCOME TAX TREATMENT FOR BOTH $20 AND $30 SERVICE AWARD PAYMENTS.”

 

SUCH THAT SAID SECTION 5 SHALL READ, IN FULL, AS FOLLOWS:

                        “ALL SERVICE AWARD PAYMENTS ARE SUBJECT TO ANY ADJUSTMENT THAT MAY BE REQUIRED BY APPLICATION OF THE INTERNAL REVENUE CODE FOR PARTICIPANTS IN THE EAST CLINTON FIRE DISTRICT SERVICE AWARD PROGRAM TO BE LIABLE FOR PAYMENT OF FEDERAL INCOME TAX ONLY AFTER THEY HAVE BEGUN TO BE PAID THEIR ACCRUED SERVICE AWARD.”

 

BE ADOPTED?

 

 

            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, Chairman          Aye

Arthur Weiland                                   Aye

Michael DiGiacomio                           Aye

Robert Trzcinski                                  Aye

Byron Calame                                     Aye

 

The resolution was thereupon declared duly adopted.

 

Dated: October 16, 2019

            Clinton Corners, New York

                                                                        East Clinton Fire District

                                                                        Board of Fire Commissioners

                                                                        Karen Buechele, Secretary