(1) The
Commission shall review and, if approved, direct the disbursement to eligible
fire departments the educational incentive pay awarded to firefighters who have
established eligibility for such under the provisions of the Commission's rules
and regulations. At the selection of a department, the educational incentive
pay shall be disbursed to the county or municipality where the fire department
is located. The disbursement of these funds shall be subject to all of the
following conditions:
(a) The Educational
Incentive Pay Program shall be based on the availability of funds appropriated
by the General Assembly.
(b)
Payment will be made only upon request by the fire department and upon
submission of the necessary documentation by the administrative officer of the
eligible department.
1. Proof of the
successful completion of a Commission-approved training program, by submission
of a copy of the following forms by March 1 of the calendar year:
(i) Educational Incentive Pay Program
Request;
(ii) In-Service Training
Report;
(iii) Notarized Statement
of the Fire Chief attesting to accuracy and completeness of the information;
and
(iv) Training Substitution
Forms for previous year.
2. Payment shall be made in a lump sum
directly to the governmental entity handling the disbursement of funds for the
eligible departments.
(c) No payment shall be made after the end of
the fiscal year, June 30, unless such payment is authorized by the departments
of Commerce and Insurance and Finance and Administration.
(d) It shall be the responsibility of the
unit of government to disburse the funds to the individual firefighters after
the deduction of the applicable taxes.
(e) The governmental entity receiving the
funds shall be responsible for any increase in the employer's contribution to
social security or like programs necessitated by the increase in the employee's
annual base earnings.
(f) A
firefighter shall not be eligible for the educational incentive pay from more
than one (1) fire department.
(g)
Effective August 31, 2018, information and training programs required by the
Commission shall be received at the Commission office by October 1 of the
preceding calendar year in which training is to be taught. Failure to provide
all information by the required date may result in a rejection of a request for
educational incentive pay.
(h)
Departments submitting a certified list of eligible firefighters who have
qualified themselves for the in-service training, shall also certify to the
Commission that each qualifying individual is a member of the department whose
name was on the department payroll as of December 31, as a volunteer
firefighter of the department or as a volunteer firefighter of the department
for training purposes as of December 31, of the calendar year in which training
was received.
If a qualifying individual is separated from the fire service
for any of the following reasons, after becoming qualified, the firefighter
will be considered as having met the December 31 requirements if the
firefighter:
1. Becomes eligible and
accepts a service retirement and begins drawing retirement benefits;
2. Becomes eligible and accepts a disability
retirement; or
3. Dies while
employed or serving as a volunteer.
(i) All requests for educational incentive
pay shall be submitted to the Commission office by certified mail and
postmarked no later than March 1 of each calendar year.
1. A department shall have fifteen (15)
calendar days from the date it receives notice that a correction is required to
its request for educational incentive pay to make the necessary correction and
return the request to the Commission.
2. Departments may submit additions to their
requests for educational incentive pay for up to sixty (60) days from the date
educational incentive pay checks were mailed or deposited if not later than
June 30. Payment of these additions is contingent upon availability of
funds.
(j) If a
volunteer firefighter completes the required training but is unable to find a
local government willing to accept firefighter's payment, the volunteer
firefighter may coordinate with the State Fire Marshal's Office to arrange for
payment to be issued directly to the volunteer firefighter as long as all
requirements from the Department of Finance and Administration are
satisfied.