Arson is the only crime that will result in loss of LOSAP benefit

Section 217(m) of the General Municipal Law states:

(m) A participant who is convicted of the crime of arson in any degree as defined in the penal law shall not be eligible to receive benefits from a service award program and shall forfeit any and all rights he or she may have had to past or future benefits pursuant to a service award program.

This section of statute is pretty clear; the only ambiguity could be what is covered by penal law – is that New York State only, or include all states?

But the takeaway for this post is that arson is the only crime a LOSAP participant can commit that will result in forfeiture of the LOSAP benefit. This means someone who is convicted of stealing from the fire department, or commits fraud by adjusting the points records, will still be eligible to be paid a LOSAP benefit.

However, a participant can permanently waive his/her right to their accrued benefit. If an individual commits a crime against the fire department, fire company or LOSAP sponsor, part of the sentencing or resolution of the matter could possibly include that individual signing a waiver of their accrued LOSAP benefit. If you are in this situation, we suggest contacting your attorney for advice.