Township of Middletown, NJ Chapter 105 Volunteer Incentives

[HISTORY: Adopted by the Township Committee of the Township of Middletown as indicated in article histories. Amendments noted where applicable.]

Article I Death Benefit

[Adopted 12-3-2018 by Ord. No. 2018-3243]

§ 105-1 Volunteer death benefit incentive.

There shall be formally established a Township-funded death benefit for eligible volunteer members of the Township's recognized fire companies and emergency medical service squads in the amount of $5,000 per individual.

§ 105-2 Minimal qualifying standard for eligibility.

In order to be eligible for the Township-funded death benefit, the volunteer must meet the following criteria depending on their membership status, but for life members, as defined in the company's or squad's bylaws, which shall be deemed automatically eligible.

A. Active volunteer members shall be defined consistent with N.J.S.A. 40A:14-184 and be eligible for the Township death benefit after a minimum of seven years of service in good standing regardless of LOSAP eligibility.

B. Elected or appointed positions shall be defined consistent with N.J.S.A. 40A:14-184 and be eligible for the Township death benefit after a minimum of 10 years of service in good standing regardless of LOSAP eligibility.

C. Other positions specifically defined in the fire company's or squad's bylaws, as long as they meet or exceed the Fire Department's bylaws, shall also be eligible for the Township death benefit after a minimum of 10 years of service in good standing regardless of LOSAP eligibility.

D. In relation to determining eligibility for any of the above positions, each participating fire company's or squad's bylaws must meet or exceed the minimum standards set forth in the Fire Department's bylaws.

§ 105-3 Certification of eligibility and designation of beneficiaries.

The Certifying Officer shall be the Chief of the Department, or applicable emergency medical service squad, or their designee in the absence of the Chief, who shall be responsible for the retention of all certified records utilized for the determination of eligibility and the designation of beneficiaries, which shall be submitted annually to the Township and be subject to audit by the Township or its designees.

§ 105-4 Time period for making claim.

All claims for the Township death benefit must be filed by the duly designated beneficiary, in writing to the Township, within 12 months of the date of death, or the claim will not be paid.

§ 105-5 No dual benefit.

If a volunteer is a qualified member of more than one recognized volunteer fire department and/or emergency medical services squad, the benefit will be paid only once per individual.

§ 105-6 Severability.

If any section, subsection or paragraph of this article be declared unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, such chapter, section subchapter or paragraph shall to the extent that is not held unconstitutional, invalid or inoperative remain in full force and effect and shall not affect the remainder of this article.

§ 105-7 Repealer.

All ordinances and resolutions, and parts of ordinances and resolutions which are inconsistent with provisions of this article shall be, and are hereby, repealed to the extent of any such inconsistency, including specifically Ordinance No. 2018-3237 in its entirety.

§ 105-8 Effective date.

This article shall take effect immediately after final adoption and approval pursuant to law.