100-B:7 Vesting; Points to Remain in Plan. –
II. Notwithstanding the preceding table, a member shall have a 100 percent nonforfeitable right to the member’s service award upon the member’s attainment of the entitlement age under the plan, including any increase in benefits provided for in an amendment of a service awards program.
III. Firefighting service shall be credited under a service awards program for each calendar year after establishment of the program in which an active member participates. In order to remain a member, a member shall accrue at least 24 points each calendar year. Points shall be granted as follows:
(a) Attendance at a minimum number of meetings shall be mandatory. Members shall be awarded one point for each meeting they attend in the program. A minimum of 8 points and a maximum of 12 points shall be earned from attending meetings.
(b) Members shall complete a minimum of 24 training hours in order to obtain a minimum of 12 points, and a maximum of 60 training hours each year in order to obtain a maximum of 30 points. Each sponsor shall determine the training and course content of the service awards program.
(c) A member whose volunteer fire service is interrupted by full-time extended obligatory military service or by a single voluntary enlistment not to exceed 4 years in the armed forces of the United States shall be considered on military leave. During such period of military leave, the member shall receive active volunteer service credit of 24 points for each full year, prorated for service of less than a year.
(d) A member’s service awards program may provide for the crediting of years of active firefighting service for periods prior to the establishment of such program to a maximum of 5 years of active firefighting service per participant, one year for each 3 years prior to the establishment, but only to the extent authorized by the sponsor. Full credit shall be allowed for all years of active firefighting service in a sponsoring organization other than the one in which the member is currently a member.
(e) In order to provide credit for service prior to the establishment of the service awards program, each sponsor shall review its prior membership rosters to determine the number of years credit for each participant who is entitled to credit. In making the analysis, the sponsor shall adopt and use standards for active service. Approval for such prior service shall require certification by the president, secretary, and chief of the fire company.
(f) In computing credit for those active members 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.
(g) An active member whose name does not appear on the approved certified list or who is denied credit for service prior to the establishment of the service awards program shall have the right to appeal within 30 days of posting of the list or within 30 days of denial of past service credit. The appeal shall be in writing and mailed to the trustees. The decision of the trustees shall be subject to appropriate judicial review.
I. A member shall have a nonforfeitable right to a percentage of a service award that is not less than the percentage determined under the following table:
Years of Service
Nonforfeitable Percentage
6 years
20
7 years
40
8 years
60
9 years
80
10 years or More
100
II. Notwithstanding the preceding table, a member shall have a 100 percent nonforfeitable right to the member’s service award upon the member’s attainment of the entitlement age under the plan, including any increase in benefits provided for in an amendment of a service awards program.
III. Firefighting service shall be credited under a service awards program for each calendar year after establishment of the program in which an active member participates. In order to remain a member, a member shall accrue at least 24 points each calendar year. Points shall be granted as follows:
(a) Attendance at a minimum number of meetings shall be mandatory. Members shall be awarded one point for each meeting they attend in the program. A minimum of 8 points and a maximum of 12 points shall be earned from attending meetings.
(b) Members shall complete a minimum of 24 training hours in order to obtain a minimum of 12 points, and a maximum of 60 training hours each year in order to obtain a maximum of 30 points. Each sponsor shall determine the training and course content of the service awards program.
(c) A member whose volunteer fire service is interrupted by full-time extended obligatory military service or by a single voluntary enlistment not to exceed 4 years in the armed forces of the United States shall be considered on military leave. During such period of military leave, the member shall receive active volunteer service credit of 24 points for each full year, prorated for service of less than a year.
(d) A member’s service awards program may provide for the crediting of years of active firefighting service for periods prior to the establishment of such program to a maximum of 5 years of active firefighting service per participant, one year for each 3 years prior to the establishment, but only to the extent authorized by the sponsor. Full credit shall be allowed for all years of active firefighting service in a sponsoring organization other than the one in which the member is currently a member.
(e) In order to provide credit for service prior to the establishment of the service awards program, each sponsor shall review its prior membership rosters to determine the number of years credit for each participant who is entitled to credit. In making the analysis, the sponsor shall adopt and use standards for active service. Approval for such prior service shall require certification by the president, secretary, and chief of the fire company.
(f) In computing credit for those active members 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.
(g) An active member whose name does not appear on the approved certified list or who is denied credit for service prior to the establishment of the service awards program shall have the right to appeal within 30 days of posting of the list or within 30 days of denial of past service credit. The appeal shall be in writing and mailed to the trustees. The decision of the trustees shall be subject to appropriate judicial review.
Source. 1996, 211:1, eff. Jan. 1, 1997.