Loading...
There is a length of service award program for local fire and rescue department volunteers.
(a) Definitions. In this Section, the following words and phrases have the following meanings:
Active volunteer means a local fire and rescue department volunteer who accumulates at least 50 points in a calendar year under the point system in subsection (k).
Domestic partner means a person who was registered as a domestic partner of an active volunteer with the Fire Chief on or before June 27, 2016 in a domestic partnership that did not end before the active volunteer’s death.
(b) Eligibility. Any local fire and rescue department volunteer is eligible for the length of service award program if the volunteer is at least 16 years old, and:
(1) (A) was an active volunteer on or after August 15, 1965; or
(B) on August 15, 1965 had completed 25 years as an active volunteer; and
(2) if less than 18 years old, meets any additional requirements established by Executive regulation under method (3).
(c) Length of service benefits.
(1) Volunteers Who Qualified Before 1985. Effective January 1, 1985, any volunteer who qualified for a monthly award payment before January 1, 1985, must receive monthly award payments equal to 150 percent of the pre-1985 monthly award payment. Effective July 1, 2023, any volunteer who receives a monthly award payment under this subsection must receive an 8 percent increase in the amount of the monthly award.
(2) Volunteers Who Qualify in 1985 or Later — 25 Years of Service.
(A) Effective January 1, 1985, a volunteer qualifies for a 25-year award payment when the volunteer:
(ii) (a) is at least age 55, if the volunteer completed 25 years as an active volunteer before 1996, or
(b) is any age, if the volunteer completed 25 years as an active volunteer on or after January 1, 2004.
(B) A volunteer who qualifies under this paragraph must receive an award payment of:
(i) $259.20 per month for life; and
(ii) $13.01 per month for life for each year of service as an active volunteer over 25 years (up to $130.10 per month). The maximum total benefit is $389.35 per month.
(3) Volunteers Who Qualify in 1985 or Later — 15 years of Service.
(A) Effective January 1, 1985, a volunteer qualifies for a 15-year award payment when the volunteer:
(i) has served 15 years as an active volunteer after January 1, 1955; and
(ii) is at least age 60.
(B) A volunteer who qualifies under this paragraph must receive an award payment of $10.37 per month for life for each year of service as an active volunteer.
(4) Volunteers Who Qualify in 1985 or Later — 10 Years of Service
(A) Effective January 1, 1985, a volunteer qualifies for a 10-year award payment when the volunteer:
(i) has served 10 years as an active volunteer; and
(ii) is at least age 65.
(B) A volunteer who qualifies under this paragraph must receive an award payment of $10.37 per month for life for each year of service as an active volunteer.
(5) All years of service, including past years of service, must be included.
(6) A volunteer must receive a 7.5 percent increase to his or her LOSAP benefit payment effective July 1, 2023, for a maximum LOSAP monthly benefit payment of no more than $466.16 if the volunteer:
(A) received LOSAP benefit payments as of December 31, 2022; and
(B) qualified for the higher nominal fee, as described in Article 12 of the fire and rescue volunteers collective bargaining agreement, for calendar year 2022 by:
(i) being on the Integrated Emergency Command Structure (IECS) certified list;
(ii) receiving 30 LOSAP points for department or station responses; and
(iii) receiving 20 LOSAP points for sleep-in or stand-by service.
(d) Disability benefit.
(1) A volunteer qualifies for a disability benefit if:
(A) the volunteer becomes disabled as the direct result of active participation as a local fire and rescue department volunteer;
(B) the disability prevents the volunteer from pursuing the volunteer’s normal occupation; and
(C) a state worker’s compensation commission finds that the disability is total and permanent, and is a direct result of active participation as a local fire and rescue department volunteer.
(2) A volunteer who qualifies under this subsection must receive an award payment of $345 per month for life.
(3) Length of service benefits under subsection (c) must not be paid to volunteers who are receiving award payments under this subsection.
(e) Survivor’s benefit.
(1) A local fire and rescue department volunteer's surviving spouse or domestic partner qualifies for a survivor's benefit on the volunteer's death if:
(A) the surviving spouse or partner submits an application for the benefit; and
(B) the volunteer met the:
(i) years-of-service requirement for a length of service benefit under subsection (c); or
(ii) requirements for a disability benefit under subsection (d).
(2) The volunteer’s surviving spouse or domestic partner must receive a monthly award payment until the spouse’s death or remarriage, or partner’s death, equal to 50 percent of the:
(A) length of service benefit for which the volunteer met the years-of-service requirement; or
(B) volunteer’s disability benefit.
(f) Death benefit.
(1) A local fire and rescue department volunteer may designate a beneficiary to receive on the volunteers’s death a $5,000 death benefit. If the volunteer does not designate a beneficiary or if the designated beneficiary does not survive the volunteer, the death benefit must be paid to the volunteer’s surviving spouse or domestic partner or the volunteer’s estate if no spouse or partner survives. The designated beneficiary or the volunteer’s surviving spouse or domestic partner or estate, whichever applies, qualifies on the volunteer’s death for a $5,000 death benefit if:
(A) the designated beneficiary or the surviving spouse or partner or estate, whichever applies, submits an application for the benefit within one year after the volunteer’s death; and
(B) the volunteer met the:
(i) years-of-service requirement for a length of service benefit under subsection (c); or
(ii) requirements for a disability benefit under subsection (d).
(g) Other benefits. An active volunteer may participate in the County’s tuition assistance program to the extent federal tax laws permit volunteers to do so, and receive discounts at County transit and recreational facilities as if the volunteer were a County employee.
(h) Funding. The County must pay benefits to a volunteer under this section from fire tax funds.
(i) Administration.
(1) The County Executive or the Executive’s designee must administer this Section under Executive Regulations adopted under method (3).
(2) The County must pay benefits under this section from the first day of the first month after the volunteer, surviving spouse or domestic partner, or volunteer's estate qualifies for the benefit, except that benefits must not be paid for any period before the application for the benefit is filed.
(3) The Executive or the Executive’s designee may audit the records of participating local fire and rescue departments regarding volunteer participation.
(4) The Executive or the Executive’s designee may correct clerical errors in volunteers’ service records made by County staff in the administration of this Section.
(5) All LOSAP payments must be made by direct deposit.
(j) Certification of volunteers.
(1) Local fire and rescue departments. Each participating local fire and rescue department must:
(A) maintain a detailed and accurate record for each local fire and rescue department volunteer, in a form established by the County Executive, of any activity that qualifies for credit toward active volunteer status;
(B) by March 31 each year, submit a record of all local fire and rescue department volunteers, certified by the secretary under oath, that identifies each active volunteer for the previous year; and
(C) post any list from the Executive or the Executive’s designee of active volunteers for at least 30 days after receipt for review by members.
(2) Appeal. A volunteer may appeal a finding that the volunteer was not an active volunteer within 30 days after a written notice of the finding is mailed to the volunteer. The appeal must satisfy requirements established in regulations issued by the Executive under method (3). The decision of the Executive or the Executive's designee on the appeal is final.
(k) Point system. To qualify as an active volunteer under subsection (a), a volunteer accumulates points under this subsection during each calendar year that are not transferable to another year An individual must not receive points for any activity performed as a County employee.
(1) Training Courses — 25 points maximum.
(A) Courses lasting less than 20 hours, such as a one-day course, seminar, or basic first-aid class, earn 5 points per course.
(B) Courses lasting 20 to 45 hours, such as a short course or regional fire school, earn 10 points per course.
(C) Courses lasting more than 45 hours, such as the basic, advanced, section III, and emergency care courses offered by the University of Maryland, or a fire science course offered by Montgomery College or Prince George's Community College, earn 15 points per course.
(2) Drills — 20 points maximum: Each drill lasting at least 2 hours earns 1 point.
(3) Stand-by — 20 points maximum. Integrated Emergency Command Structure (IECS) certified personnel may earn stand-by LOSAP points for performing on-duty activity at the rate of:
(A) one quarter point for every hour of stand-by service a volunteer is assigned to a unit available for response; and
(B) one point for every 4 hours of stand-by service the volunteer is available for response in the station, but is not assigned to a specific unit.
Stand-by service must be recorded in the data system provided by the County. A volunteer must not earn more than 3 points for stand-by service during any 24-hour period.
(4) (A) Elected and Appointed Position — 25 points maximum per calendar year for any combination of service in eligible and appointed positions as follows:
(1) 25 points for completing a one-year term in an eligible elected or appointed position; and
(2) 2 points for each full month of service in any eligible elected or appointed position during a term of less than one year.
(B) The Fire Chief annually must designate a list of the elected and appointed positions eligible to earn points. The list must include:
(i) local fire and rescue department (LFRD) officer at the rank of lieutenant or higher;
(ii) director, trustee, trial board member, or auxiliary member of an LFRD;
(iii) chair of fund raising or membership for an LFRD;
(iv) chaplain of an LFRD;
(v) delegate, alternate, or officer for the Fire Board, the Montgomery County Volunteer Fire-Rescue Association, the LFRD representative, or any similar organization;
(vi) member of a committee of the Commission or the Maryland State Firemen’s Association (MSFA);
(vii) officer of the MSFA auxiliary; or
(viii) officer of an LFRD auxiliary.
(5) Attendance at Meetings — 20 points maximum per year: Attendance earns 1 point for each official meeting of an organization listed in Executive regulations issued under method (3) as affiliated with the Fire and Rescue Service.
(6) Participation in Department or Station Responses — 30 points maximum for responding on at least the number of calls indicated in the appropriate column below:
Total department/station call responses per year | 000 to 999 | 1000 to 7499 | 7500 or more |
Responses required to earn 1 point, if not qualified for maximum 30 points | 2 | 4 | 5 |
Responses per year required to receive maximum 30 points | 50 | 100 | 120 |
The Chief annually must determine for each LFRD whether the total annual calls must be computed by department or by station.
(7) Military Service — 50 points maximum per year, prorated for a partial year of service, for qualified miliary service that interrupts voluntary fire service. Qualified service means full-time extended obligatory military service or a single voluntary enlistment, not to exceed 4 years in the armed forces of the United States.
(8) Collateral Duties — 25 points maximum: Each qualified activity for the LFRD that lasts at least 4 hours earns 1 point. The Chief annually must designate a list of the collateral duties under which a volunteer may perform qualified activities, such as apparatus and building maintenance; fire prevention and education activities; fund raising activities; and administrative or auxiliary duties.
(9) A volunteer who does not accumulate 50 LOSAP points for calendar year 2021 may submit a list consisting of canceled meetings, drills, standbys or other collateral duties during 2021 that the volunteer was not able to attend or complete. The volunteer’s President and the Division Chief of Volunteer Services must certify this list and award points.
(1973 L.M.C., ch. 30, § 1; 1975 L.M.C., ch. 28, §1; 1976 L.M.C., ch. 30, §§ 1, 2; 1980 L.M.C., ch. 64, §2; 1985 L.M.C., ch. 30, § 1; 1992 L.M.C., ch. 12, § 1; 1998 L.M.C., ch. 4, § 1; 1998 L.M.C., ch. 4, § 1; 2001 L.M.C., ch. 3, § 1
; 2004 L.M.C., ch. 5
, § 1; 2008 L.M.C., ch. 20, § 1; 2009 L.M.C., ch. 5, § 1; 2017 L.M.C., ch. 16, §1; 2017 L.M.C., ch. 29, §1; 2021 L.M.C., ch. 14, §1; 2022 L.M.C., ch. 15, §1; 2024 L.M.C., ch. 2, § 1.)
Editor’s note—2017 L.M.C., ch. 16, § 2, states: The Council declares that this legislation is necessary for the immediate protection of the public interest. The amendments in Section 1, except for the amendments to subsection (k), take effect on July 1, 2017. The amendments to subsection (k) in Section 1 take effect on January 1, 2018.
2001 L.M.C., ch. 3, § 2, reads:
Sec. 2. Emergency Effective Date, Transition, and Retroactivity.
(a) The Council declares that an emergency exists and that this legislation is necessary for the immediate protection of the public health and safety. This Act takes effect on the date on which it becomes law [April 5, 2001] and applies retroactively to January 1, 2001.
(b) Any amendment made by this Act that allows credit toward the Length of Service Awards Program for an activity that did not qualify for credit before the amendment applies for those activities conducted on or after January 1, 2001.
(c) Within 60 days after this Act takes effect [April 5, 2001], the Director of Finance must pay to each eligible beneficiary any retroactive length-of-service, disability, survivor's, and death benefit to which the beneficiary is entitled as a result of this Act.
Section 21-21, formerly § 21-3, was renumbered, amended and retitled pursuant to 1998 L.M.C., ch. 4, § 1.
(a) Each local fire and rescue department supported in whole or in part with tax funds must prepare an annual budget recommendation that describes its requirements with appropriate justification in a format prescribed by the County Executive. Each department’s budget recommendation must be submitted to the Fire Chief by the deadline set by the Chief.
(b) The Fire Chief must prepare and submit to the Commission for its review and comment a unified Fire and Rescue Service budget, including the proposed budgets for local fire and rescue departments and the staff and compensation proposed for the LFRD representative.
(c) The Chief must forward the Commission’s comments and recommendations on the Chief’s proposed budget, together with a summary and an analysis of County-wide implications and relationships to applicable provisions of the fire service master plan, to the County Executive for review and submission to the County Council as required by the County Charter. The Chief must transmit the proposed budget to the Executive by the deadline established by the Executive.
(d) The County Council must appropriate funds for fire, rescue, and emergency medical services for the ensuing fiscal year as prescribed by the Charter. A person must not encumber or spend funds in excess of appropriations. All distributions of appropriations to a local fire and rescue department are conditional on the local fire and rescue department’s complying with applicable law, County regulations and policies, and lawful orders of the Fire Chief. (1980 L.M.C., ch. 64, § 3; 1988 L.M.C., ch. 14, § 9; 1998 L.M.C., ch. 4, § 1; 2004 L.M.C., ch. 5, § 1; 2009 L.M.C., ch. 5, § 1.)
Editor’s note—Section 21-16 is cited and quoted, and Section 21-22 is cited in Kensington Volunteer Fire Department v. Montgomery County, 684 F.3d 463 (4th Cir. 2012).
Section 21-22, formerly § 21-4Q, was renumbered and amended pursuant to 1998 L.M.C., ch. 4, § 1.
(a) Fire Tax District. A fire tax district, comprising the entire County, includes all real and personal property assessed for County tax purposes.
(b) Tax levy and collection. The County Council may levy a tax on each $100 of the assessed value of taxable property in the fire tax district at a rate to yield an amount that the Council finds sufficient to fund:
(1) the management, operation, and maintenance of all fire and rescue services;
(2) the purchase (including debt service), construction, maintenance, and operation of real and personal property necessary or incidental to fire and rescue services;
(3) the operation of the Fire and Rescue Service;
(4) all tax-supported expenditures of the local fire and rescue departments; and
(5) awards for the Length of Service Awards Program.
The fire tax must be levied and collected in the manner that other county real property taxes are levied and collected and have the same priority rights, bear the same interest and penalties, and in every respect be treated the same as other county real property taxes. (1980 L.M.C., ch. 64, § 3; 1988 L.M.C., ch. 14, § 10; 1992 L.M.C., ch. 7, § 1; 1992 L.M.C., ch. 8, § 1; 1998 L.M.C., ch. 4, § 1; 2009 L.M.C., ch. 5, § 1.)
Editor’s note-Section 21-23, formerly § 21-4R, was renumbered and amended pursuant to 1998 L.M.C., ch. 4, § 1.
(a) Obligation to Transport.
(1) The Fire and Rescue Service must provide emergency medical services transport under applicable medical protocols to each individual without regard to the individual’s ability to pay.
(2) Any personnel of the Fire and Rescue Service who respond to a request for an emergency medical services transport must not ask for any information relating to an individual’s insurance coverage.
(b) Definitions. In this Section the following terms have the meanings indicated:
(1) Emergency medical services transport means transportation by the Fire and Rescue Service of an individual by ambulance or other Fire and Rescue Service vehicle used for a similar purpose. Emergency medical services transport does not include transportation of an individual under an agreement between the County and a health care facility.
(2) Federal poverty guidelines means the applicable health care poverty guidelines published in the Federal Register or otherwise issued by the federal Department of Health and Human Services.
(3) Fire and Rescue Service means the Montgomery County Fire and Rescue Service and includes each local fire and rescue department.
(4) Program means the Emergency Medical Services Transport Insurance Reimbursement Program.
(c) Imposition of reimbursement. The County must impose a reimbursement charge for any emergency medical services transport provided in the County, and, unless prohibited by other law, outside the County under a mutual aid agreement.
(d) Liability for Reimbursement. Subject to paragraph (e), each individual who receives an emergency medical services transport is responsible for paying the emergency medical services transport reimbursement.
(e) Hardship Waiver.
(1) The Fire Chief must waive the emergency medical services transport reimbursement for any individual whose household income is at or below 300 percent of the federal poverty guidelines. An individual must request a waiver on a form approved by the Fire Chief.
(2) The Fire Chief may deny a request for a waiver if the individual who claims financial hardship under this Section does not furnish all information required by the Fire Chief.
(f) County Residents - Payment of Uninsured Portion of the Emergency Medical Services Transport Reimbursement.
(1) County residents must not be required to pay any out-of-pocket expense relating to any emergency medical services transport because residents are deemed to have paid any co-payment, deductible, or uninsured portion of the cost of each emergency medical services transport through taxes paid to the County.
(2) Tax revenues the County receives must be treated as payment, on behalf of County residents, of the balance of each resident’s portion of the emergency medical services transport reimbursement charge that is not covered by the resident’s insurance.
(3) The County Council must annually transfer from the General Fund to the Consolidated Fire Tax District Fund an amount that the Council estimates will not be covered by residents’ insurance as payment of all residents’ uninsured portion of the emergency medical services transport reimbursement charge.
(g) Restriction on Local Fire and Rescue Departments. A local fire and rescue department must not impose a separate charge for an emergency medical transport.
(h) Use of Revenue.
(1) Except for the transfer received from the General Fund under subsection (f), the revenues collected from the emergency medical services transport reimbursement must be used to supplement, and must not supplant, Fiscal Year 2013 expenditures appropriated in the annual operating budget resolution (not including any expenditures of revenue collected under this program in Fiscal Year 2013) for emergency medical services and other related fire and rescue services provided by the Fire and Rescue Service.
(2) The Fire Chief must create a dedicated account in the fire fund for the revenues collected from reimbursements under this Program. This amount must only be used for increased or enhanced fire and rescue services above the level appropriated in Fiscal Year 2013, as provided in paragraph (1), including new field service positions related to expansion of 4 person staffing or opening of new fire stations; increased training classes or capacity; facility maintenance and repair; new or replacement apparatus, gear, or equipment. Not more than 30% of this account may be spent for personnel costs.
(3) (A) 15% of the net Emergency Medical Services Transport Insurance Reimbursement Program revenue must be allocated under a procedure specified in the annual operating budget resolution for the benefit of local fire and rescue departments for:
(i) replacement or augmentation of apparatus owned by a local fire and rescue department;
(ii) facilities owned by a local fire and rescue department;
(iii) training for volunteers;
(iv) gear and equipment for volunteers;
(v) administrative staff to support a local fire and rescue department;
(vi) volunteer recruitment and retention; and
(vii) volunteer stand-by support.
(B) Any administrative staff hired or retained by a local fire and rescue department using revenue allocated under this Section is not a County employee or a member of the separate merit system referred to in Section 21-16(a).
(i) Regulations; Reimbursement Schedule. The County Executive must adopt a regulation under method (2) to implement the emergency medical services transport reimbursement program. The regulation must establish a reimbursement schedule based on the cost of providing emergency medical services transport. The reimbursement schedule may include an annual automatic adjustment based on inflation, as measured by an index reasonably related to the cost of providing emergency medical services transports. The regulation may require each individual who receives an emergency medical services transport to provide financial information, including the individual’s insurance coverage, and to assign insurance benefits to the County.
(j) Reporting. The Fire Chief must submit a report to the County Executive and County Council not later than January 1 and July 1 of each year regarding implementation of the Program. The report should include:
(1) the number of calls for emergency medical services during the reporting period;
(2) the number and type of emergency medical services provided during the reporting period; and
(3) any other information relating to implementation of the Program that the County Executive or County Council request.
(k) Patient Advocate. The Office of Consumer Protection must employ a Patient Advocate to:
(1) develop and implement a program for customer service as a part of the Program;
(2) develop and staff a help desk for questions regarding the Program; and
(3) serve as a liaison with any vendor retained by the County to implement the Program to assure high quality customer service and prompt resolution of questions and concerns.
(l) Outreach and Education Campaign. The County Executive must implement a public outreach and education campaign before and during implementation of the Program. This campaign should include:
(1) informational mailers to County households;
(2) distribution of information through County internet and web-based resources;
(3) radio and television public service announcements;
(4) news releases and news events;
(5) information translated into Spanish, French, Chinese, Korean, Vietnamese, and other languages, as needed;
(6) extensive use of County Cable Montgomery and other Public, Educational, and Government channels funded by the County;
(7) posters and brochures made available at County events, on Ride-On buses and through Regional Service Centers, libraries, recreation facilities, senior centers, public schools, Montgomery College, health care providers, hospitals, clinics, and other venues; and
(8) special outreach to senior and “New American” communities. (2012 L.M.C., ch. 14, § 1; 2013 L.M.C., ch. 13, § 1.)
Editor’s note—See County Attorney Opinion dated 9/12/08 analyzing legislation imposing an ambulance fee on insured individuals who use ambulance services.
2012 L.M.C., ch. 14, §§ 3 and 4, state:
Sec. 3. Implementation. The County may collect the emergency medical services transport reimbursement authorized by County Code Section 21-23A, enacted by Section 1 of this Act, for any emergency medical services transport that occurs on or after July 1, 2012. The reimbursement may be collected retroactively to July 1, 2012, or any later date during the first fiscal year the emergency medical services transport reimbursement is implemented.
Sec. 4. Fire and Rescue Service Enhancements in Fiscal Year 2013. Subject to appropriation, the Council intends that, to the extent sufficient revenue is achieved, revenue generated by the Emergency Medical Services Transport Insurance Reimbursement Program authorized in County Code Section 21-23A, enacted in Section 1 of this Act, in Fiscal Year 2013 should be used to fund the following enhancements to the County Fire and Rescue Service in Fiscal Year 2013:
(a) Service Restoration: Place one ladder truck in the first battalion back into service with dedicated 24- hour staffing.
(b) Apparatus Replacement Funding: Buy one tractor drawn ladder truck, one Engine Company, and 5 EMS units for system unit response improvements.
(c) Facility Maintenance and Improvements: Conduct a strategic facility assessment, develop a maintenance and improvement plan for all LFRD- and County-owned fire and rescue facilities and, to the extent possible based on available funding, begin initial maintenance and repairs to these facilities.
(d) Training: Provide system training for career and volunteer personnel, including core fire, rescue, EMS, technical rescue, and driver training classes.
(e) Fire and Rescue Equipment: Buy personal protective equipment, portable fire, rescue, technical rescue, and EMS equipment for career and volunteer personnel, the training academy, and operational units.
Loading...