[HISTORY: Adopted by the Mayor and Council
of the Borough of Bergenfield 8-19-1991 by Ord. No. 2243; amended in its entirety 5-17-2011 by Ord. No.
11-2438. Subsequent amendments noted where applicable.]
A Length of Service Awards Program (LOSAP) is herewith created
in accordance with Chapter 388 of the Laws of 1997[1] to reward members of the volunteer fire fighters and ambulance
corps members for their loyal, diligent, and devoted services to the
residents of the Borough of Bergenfield.
[1]
Editor's Note: N.J.S.A. 40A:14-183 et seq.
The LOSAP shall provide for a fixed annual award to a deferred
income account for each volunteer member that meets the criteria set
forth below, that such contributions shall be made in accordance with
a plan that shall be established by the Borough of Bergenfield pursuant
to P.L. 1997, c.388,[1] and that such plan shall be administered in accordance
with the laws of the State of New Jersey, the U.S. Internal Revenue
Code, and this chapter.
[1]
Editor's Note: N.J.S.A. 40A:14-183 et seq.
A.
The
LOSAP shall provide for an annual award to each eligible member that
meets the criteria as follows:
(1)
Achieves minimum service levels to be eligible for an annual award.
(2)
The annual award shall be no less than $600 and no more than $1,150
per eligible member.
(3)
The annual award shall be adjusted based on the Consumer Product
Index (CPI) as published each year by the Director of the Division
of Local Government Services within the NJ Dept of Community Affairs.
The estimated cost of the program is calculated at $107,250
per year.
Each active volunteer member shall be credited for one year
of volunteer service provided to the volunteer fire company / ambulance
corps in accordance with the following schedule (for each twelve-month
period starting January 1 until December 31 of any year):
A member of the Bergenfield Fire Department who has Junior status
is not eligible for any benefits under this chapter. Monetary payments
and service time towards vesting shall not be given while any member
is on Junior status. Junior members who become of the required age
and achieve active membership in the Bergenfield Fire Department will
be afforded all benefits and opportunities under this chapter upon
entering into active membership.
Members who are called for jury duty shall continue to receive
service time and attendance credits while they are either called to
jury service or may become seated on a case. Members shall be relieved
of qualifying for LOSAP during the time period they are initially
summonsed until dismissed by a presiding judiciary official, and their
absence at official functions shall not penalize their award(s) under
this chapter. A Fire Department or Ambulance Corps Officer may require
supporting documentation when members make a claim under this section.
When a member of the Fire Department voluntarily severs service
and they have not achieved vested status In the LOSAP, the monies
currently on deposit shall not immediately be returned to the sponsor
agency but instead remain on deposit for no less than 18 months at
the provider. Under the Fire Department regulations, a member may
apply for reinstatement within one year of a voluntary resignation,
and such reinstatement shall also include prior eligible service and
monies previously on deposit. A member seeking to apply this section
through reinstatement is not eligible for any monetary benefit or
service credit during the time period while service was severed.
For purposes of applying any provisions in this section the
determination of a line-of-duty death shall be determined in the manner
specified herein. When a Fire Department or Ambulance Corps member
dies in a manner consistent with their duty during or related to an
official function, the chief officers of that agency shall notify
their respective commissioner or council liaison of the occurrence.
Supporting documentation relating to the causation and manner of death
shall be consulted by those parties for the purpose of making a recommendation
to the Mayor and Council of the Borough of Bergenfield. At a public
meeting of the governing body a resolution stipulating to line-of-duty
death shall be introduced along with the recommendation of the commissioner
or council liaison. The officers and members of any eligible organization
shall be afforded an opportunity to be heard prior to a vote on the
resolution. Passage of the resolution by the Mayor and Council of
the Borough of Bergenfield shall entitle the deceased member and their
designated survivors to the benefits and award(s) specified in this
chapter.
A.
A member who is determined to be a line-of-duty death in accordance
with this section shall be considered vested under this chapter regardless
of actual time served with an eligible organization.
B.
A member shall receive all benefits and award(s) under this chapter
including the calendar year when death occurred.
C.
A member who is determined to be a line-of-duty death in accordance
with this section and is the parent to one or more juvenile children
shall continue to receive full award(s) under this chapter each year
until all children have reached 21 years of age. These continued contributions
shall remain on deposit at the provider for purposes of funding education
and continued prosperity for all effected dependants.
A member of the Fire Department or Ambulance Corps who becomes
injured while in the performance of duty at any official function
that prohibits a return to active duty shall be given vested status
regardless of actual time served with an eligible organization. The
member will receive all benefits and award(s) under this chapter including
the current calendar year when the injury occurred.
Members of the Fire Department or Ambulance Corps who is called
to active duty in the U.S. Army, U.S. Navy, U.S. Air Force, U.S. Marines,
U.S. Coast Guard, NJ National Guard, or other U.S. military organization
shall be entitled to the following benefits:
A.
Members shall continue to receive LOSAP service credit for time towards
vesting and awards from the time they are initially activated until
discharged from active duty or service to their primary residence.
A member of the Fire Department or Ambulance Corps who is killed while on an active duty assignment with any of the military or service organizations listed in § 42-11 shall be given vested status regardless of actual time served with an eligible organization. Members will be entitled to all award(s) under this chapter during their active duty period described in § 42-11 including the current calendar year when death occurs. For purposes of this section a member does not have to specifically receive KIA status by a military command authority and will also receive the benefits described herein if their death is not deemed battle-connected but occurred while on an active duty station.
A member of the Fire Department or Ambulance Corps who becomes injured while on active duty and is discharged from military service shall receive all benefits and award(s) specified in § 42-11. If such injury prevents the member from returning to active service with the Fire Department or Ambulance Corps the member shall be considered vested under this chapter regardless of actual service years.
Members of the Fire Department or Ambulance Corps that have
served in another NJ-based volunteer emergency service organization
may apply that service time towards vesting under this chapter. Verification
of prior service shall be provided by the member in the form of a
signed letter from the Chief or other ranking officer indicating the
dates of service, satisfactory level of participation, and favorable
status upon severance. Persons who are not able to provide such documentation
or did not sever prior service under favorable conditions are not
eligible for applying prior service towards vesting.
Members who are vested in the LOSAP may make full or partial
withdrawal from their account based on the existence of a personal
financial hardship. Members seeking to apply this section must receive
an endorsement from either the Bergenfield Fireman's Relief Association
or suitable review board within the Bergenfield Volunteer Ambulance
Corps. Any early withdrawal penalties or fees are the responsibility
of the individual member. If the entire account value is withdrawn
the member is permitted to reenter the LOSAP but cannot achieve vested
status until serving a full five eligible years.
