New York Codes, Rules and Regulations
Title 2 - DEPARTMENT OF AUDIT AND CONTROL
Chapter IV - Miscellaneous Rules
Part 152 - Defined Benefit Service Award Programs For Volunteer Ambulance Workers
Section 152.4 - Notice of adoption
Universal Citation: 2 NY Comp Codes Rules and Regs ยง 152.4
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Within 60 days after the adoption of a defined benefit plan service award program, the chief executive officer of the sponsor shall file with the Office of the State Comptroller in Albany, NY, two copies of a verified notice of adoption which shall contain the following:
(1) a statement of the date on which the
governing board of the sponsor approved the resolution authorizing adoption of
the program and the vote thereon, and a certified copy of the
resolution;
(2) a statement of the
date on which the electors of the sponsor approved the proposition authorizing
adoption of the program and the vote thereon, and a certified copy of the
proposition;
(3) an opinion of
legal counsel which shall:
(i) be addressed to
the sponsor;
(ii) expressly provide
that the administrator may rely thereon;
(iii) state that in his or her capacity as
legal counsel to the sponsor, he or she has examined originals or true and
complete copies of those records, documents and other instruments necessary to
render his or her opinion, including, but not limited to: the provisions of
article 11-AAA of the General Municipal Law and such other statutes as may be
relevant; the resolution of the governing board of the sponsor authorizing the
adoption of the program; proof of any posting and publication of required
notice; the certificate certifying the result of the vote on the proposition
authorizing the adoption of the program; and, proof that the estimated annual
cost as well as the program cost components disclosed in the proposition were
prepared by the program actuary; and
(iv) express his or her opinion that the
sponsor has undertaken all actions and proceedings required by law to adopt the
program;
(4) a statement
of the name, address and telephone number of the chief executive officer of the
sponsor; and
(5) a statement of the
name, address and telephone number of each ambulance company having volunteer
ambulance workers who are potential participants in the program.
(b) Upon receipt of the notice of adoption, the Office of the State Comptroller shall notify the chief executive officer of the name, address and telephone number of the administrator. If the administrator is not the Comptroller, the Office of the State Comptroller shall forward one copy of the notice of the adoption to the administrator.
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