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POINT SYSTEM – ELECTED OR APPOINTED POSITION

June 10, 2019

The next point system category is Elected or Appointed Positions. Here is the text of the statute: (iv) Elected or appointed position (see definition)—twenty-five points maximum. (A) Completion of one year term in an elected or appointed position. If the term of office for a firefighter who has been elected or appointed to a…

POINT SYSTEM – SLEEP-IN & STAND-BY

June 7, 2019

Today we will look at the third Point System category in the statute – Sleep-in and Stand-by. Here is the text of the statute: (iii) Sleep-in or stand-by—twenty points maximum. (A) Sleep-in–one point each full night. (B) Stand-by—one point each. A stand-by is defined as line of duty activity of the…

POINT SYSTEM – DRILLS

June 6, 2019

The next category in the State law is the drill category. This is a very short category in the statute: Drills—twenty points maximum. One point per drill (minimum two hour drill). Similar to the Training Courses category, there is no definition of a drill in Article 11-A of the New York State General Municipal Law.…

POINT SYSTEM – TRAINING COURSES

June 5, 2019

Today we will look at the first Point System category – Training Courses. The current version of the statute looks like this: (i) Training courses — twenty-five points maximum. (A) Courses under twenty hours duration — one point per hour, with a maximum of five points. (B) Courses of twenty to forty-five hours duration…

POINT SYSTEM – WHO ADOPTS OR AMENDS IT?

June 4, 2019

It seems appropriate to first address who actually adopts, or amends the point system. There is some confusing language in the statute that must be navigated through. Section 217(c) of the General Municipal Law (GML) includes the following language: “Points shall be granted in accordance with a system adopted by the program sponsor. Such system…

POINT SYSTEM – DEEP DIVE

June 3, 2019

I thought I’d spend some time taking a more deep dive into the LOSAP Point System. There was a flurry of audit activity from from State in 2014 and 2015, which gave us more insight into how the State views that Point Systems should be adopted and administered. Since 2015, there have been a handful…

HAPPY MEMORIAL DAY

May 23, 2019

We are taking a few days off. Thank you to all who have served our country, and we remember those who gave their lives.

DC LOSAP ACCOUNTS – CAN PARTICIPANTS DIRECT INVESTMENTS?

May 22, 2019

The last topic we’ll address that stems from the fact that LOSAP assets are municipal assets and not participant assets is the idea of investment direction by the participant. Most are familiar with a typical 401(k), 457 or IRA account, where a menu of investment options are available for the participant to select. Some plans…

LOANS NOT AVAILABLE FROM LOSAP BENEFITS

May 21, 2019

We continue to look at the different ramifications of the fact that the assets reserved for LOSAP benefits are municipal assets and not firefighter assets. Given the last few discussions, this one may seem obvious, but a participant cannot take a loan against his/her LOSAP account balance either. This is an easy answer first because…

LOSAP BENEFITS CANNOT BE ROLLED OVER

May 20, 2019

We’ve recently been discussing the ramifications of the fact that the assets of a LOSAP are not participant assets, but municipal assets. Another ramification is that the benefits paid cannot be rolled over to an IRA. There are other tangential reasons as well, but a main reason why is that the assets are not the…

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