COMCOR 21.02.16 Administration of the LOSAP Program

The purpose of this regulation is to establish uniform procedures to administer the Length of Service Awards Program for volunteers of the Local Fire and Rescue Departments in Montgomery County.

This regulation applies to all current and former Montgomery County local fire and rescue department volunteers, Local Fire and Rescue Departments, and appropriate Montgomery County Government agencies.

a. Active Volunteer. A volunteer who has accumulated a minimum of 50 points in a calendar year, under the point system outlined in Sec. 4. d. of this regulation.

b. Appeal. A written statement documenting the reason(s) a volunteer believes he/she is eligible for LOSAP credit.

c. Collateral Duties. Volunteer service duties listed by the Division of Volunteer and Community Services as eligible for LOSAP point accumulation, including apparatus and building maintenance; fire prevention and education activities; fund raising activities; and administrative or auxiliary duties.

d. Designated Beneficiary. A beneficiary named by a volunteer on a form filed with the Division of Volunteer and Community Services. A volunteer may change any beneficiary by completing a new designation of beneficiary form. The consent of the beneficiary is not required to name or change a beneficiary. The designation is effective when the volunteer signs the form even if the volunteer is not living when the Division of Volunteer and Community Services, receives the request, but without prejudice for any payments made the request is received. If a volunteer dies without designating a surviving beneficiary or the designation is not enforceable, the surviving spouse or domestic partner is the designated beneficiary. If no spouse or domestic partner, the volunteer’s estate is the designated beneficiary.

e. Domestic Partner (“Partner”). 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.

f. Drill. A minimum two-hour training session not listed in the approved training course list.

g. Emergency Service Provider. An individual who is trained and certified under the Montgomery County Executive Regulation 36-08AM Certification Standards for Training and Experience Requirements, and is physically capable of providing firefighter, rescuer, or emergency medical service.

h. Fire Chief. The uniformed department head of the Montgomery County Fire and Rescue Service appointed by the County Executive, who serves as the Director of the Montgomery County Fire and Rescue Service.

i. Local Fire and Rescue Department (LFRD). An individual fire or rescue squad corporation authorized under Section 21-5 of the County Code to provide fire and rescue services.

j. LOSAP. Acronym for the Length of Service Awards Program.

k. LOSAP Administrator. An individual designated by the Fire Chief to receive and verify point totals, maintain individual and LFRD files of LOSAP participants, and notify the Montgomery County Finance Department to begin sending payments to eligible volunteers.

l. LOSAP Coordinator. An individual designated by a Local Fire and Rescue Department who is responsible for registering, preparing, maintaining, and submitting to the LOSAP Administrator an accurate LOSAP report for each person who has provided service as a volunteer to that LFRD for any portion of the calendar year.

m. Standby. Effective January 1, 2018, on-duty activity performed by Integrated Emergency Command Structure (IECS) certified personnel, not in any other category of active service under Section 4.d. and who are, 1) assigned to a unit available for response, or 2) available for response in the station, but not assigned to a specific unit. Standby must be directly recorded in the data system provided by the County. No more than 3 standby periods may be credited for any 24-hour period.

n. Training Course. Classes including: one-day courses, seminars, and short courses; fire protection courses given by Montgomery College, the University of Maryland, the National Fire Academy, and the Maryland Fire and Rescue Institute; and regional emergency service training, etc., that may be eligible for LOSAP credit if approved by the Division of Volunteer and Community Services.

o. Volunteer. A person. who is at least 16 years of age, and who, without salary, performs administrative, firefighting, rescue, and/or emergency medical services for a LFRD. This includes former volunteers who have received appropriate certification for service under this regulation.

a. Eligibility to Participate. A volunteer is eligible for the LOSAP program if he/she is an active volunteer on or after August 15, 1965, or if on August 15, 1965, he/she had completed 25 years of service as an active volunteer. A volunteer may participate in the Length of Service Award Program by meeting the registration and service requirements below. A volunteer who was not an active volunteer on August 15, 1965 must receive credit for service performed before August 15, 1965, if the volunteer completes 5 years as an active volunteer after August 15, 1965.

A volunteer is eligible to participate in the LOSAP program if he/she is at least 16 years old. A volunteer who is less than 18 years old must be enrolled in high school, obtain parental consent to join an LFRD, and maintain a 2.0 grade point average or equivalent during each grading period in the calendar year.

b. Registration. Volunteers must register with the LFRD LOSAP Coordinator in order to participate in the LOSAP program, receive annual certification of service, and receive any benefits. The LFRD LOSAP Coordinator will update required information on an annual basis.

c. Accrual of Credit. Approval by the Division of Volunteer and Community Services is required for the award of service credit. A volunteer must accumulate at least 50 points each year to receive credit for one year of active service.

1. Credit is awarded on an annual basis for service provided between January 1st and December 31st of each calendar year. Points may not be transferred from one year to the next.

2. An employee of the Montgomery County Fire and Rescue Service or of an LFRD must not receive points for activities performed as an employee.

3. Volunteers who have accrued no service points for two consecutive years are considered inactive for the purpose of this program. A volunteer’s LOSAP status will be re-activated automatically when the LFRD submits the next LOSAP form on his/her behalf.

d. Active Service Standards - Point System. Volunteers earn and accumulate points toward credited active service based upon the standards below.

1. Training Courses. The Division of Volunteer and Community Services will maintain a standing list of approved training courses that will be reviewed and modified as needed. If a volunteer claims training certification for a course that was not on the list approved by the Division of Volunteer and Community Services, he/she may request the LFRD’s LOSAP Coordinator to seek the Division of Volunteer and Community Services’ approval for the specific training course. The LOSAP Coordinator must submit the course title, number of hours, location, and a copy of the course outline or syllabus to the Public Safety Training Academy (PSTA), which will determine whether credit may be given for the training course. A maximum of 25 points per year may be earned through training courses.

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, 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. Twenty points maximum per year may be accumulated through drills. Each drill lasting at least 2 hours earns one point. Training courses and Continuing Education courses lasting less than 8 hours may be counted as a drill.

3. Standbys. Effective January 1, 2018, LOSAP activity must be entered directly in the data system provided by the County for each standby activity to be credited. A volunteer may accumulate up to 20 points per year.

A. Standby On duty Integrated Emergency Command Structure (IECS) certified personnel may earn stand-by LOSAP points for performing on-duty activity at the rate of:

i. One quarter point for every hour of stand-by service a volunteer is assigned to a unit available for response; or

ii. One point for every 4 hours of stand-by service the volunteer is available for response in the station, but not assigned to a specific unit.

Standby-service must be recorded directly 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. Elected and Appointed Positions. A volunteer may earn a maximum of 25 points per calendar year for completing a one-year term in an eligible elected or appointed position. A maximum of 25 points per calendar year may be certified for any combination of service in elected and appointed positions.

A. A volunteer who serves in an elected or appointed position for less than a one-year term may earn two points for each complete month of service.

B. The Division of Volunteer and Community Services annually must approve a list of the elected and appointed positions for which a volunteer may earn points. The list must include:

i. LFRD officer at the rank of Lieutenant or higher;

ii. director, trustee, trial board member, or auxiliary member or officer of an LFRD’s auxiliary;

iii. chair of fund raising or membership for an LFRD;

iv. chaplain of an LFRD;

v. delegate, alternate, or officer for the Montgomery County Volunteer Fire Rescue Association;

vi. member of a committee of the Montgomery County Fire Emergency Services Commission, or the Maryland State Firemen’s Association (MSFA), or officer of an MSFA auxiliary.

5. Meeting Attendance. A maximum of 20 points total per year may be accumulated for approved meeting attendance. A volunteer may earn one point credit for attending any official meeting of an organization below:

A. the LFRD or its auxiliary;

B. the Fire Emergency Services Commission;

C. the Montgomery County Volunteer Fire/Rescue Association;

D. the LFRD’s Board of Directors/Trustees; and

E. the Maryland State Firemen’s Association or its auxiliary.

6. Participation in LFRD or Station Responses. To receive credit for responses, the volunteer must meet the criteria for emergency service provider. The Division of Volunteer Fire and Community Services annually must determine for each LFRD whether the total annual calls will be computed by department or by station. The total points may be credited per year for responding on the minimum number of calls, or credited to an individual based upon the calls-to-points ratio indicated in the Point Awards Schedule below. An emergency service provider will be credited for a response when he/she:

A. is in the station when the call is dispatched and rides as an emergency service provider on the dispatched apparatus;

B. is in the station when the call is dispatched and remains there for the duration of the call on a reserve basis as an emergency service provider;

C. responds to the station after the call is dispatched, and remains in the station as an emergency service provider on a reserve basis for the duration of the call; or

D. reports to the Incident Commander when responding directly to the incident scene without having ridden on the apparatus.

POINT AWARDS SCHEDULE

Total LFRD/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

7. Military Service. A volunteer whose voluntary fire service is interrupted by full- time extended obligatory military service, or by a single voluntary enlistment in the armed forces of the United States not to exceed 4 years, is considered to be on military leave. During this period of military service, the volunteer will receive 50 points of LOSAP service credit for each full year, prorated for military service of less than a full year.

8. Collateral Duties - Twenty-five Points Maximum. One point will be awarded for each qualified activity benefitting the volunteer’s LFRD that lasts at least 4 hours, up to a maximum of twenty-five points. The Division of Volunteer and Community Services annually must approve a list of the collateral duties under which a volunteer may perform qualified activities. These activities include apparatus and building maintenance; fire prevention and education activities; fund raising activities; and administrative or auxiliary duties. Points will be credited for volunteer service for acceptable collateral duties performed per year.

a. Length of Service Benefits. A volunteer is not required to have received 50 points in the year in which he/she applies for LOSAP benefits. All LOSAP payments will be made by direct deposit.

1. A Volunteer Who Qualified before 1985. Effective January 1, 1985, a 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.

2. A Volunteer Who Qualifies in 1985 or Later with 25 Years of Service. Effective January 1, 1985, a volunteer qualifies for a 25-year award payment when he/she has completed 25 years of service as an active volunteer.

Amount Awarded. A volunteer who satisfies these requirements must receive an award payment of $$233 per month for life, and $11.70 per month for life for each year of service as an active volunteer over 25 years. The maximum total benefit is $350 per month.

3. A Volunteer Who Qualifies in 1985 or Later with 15 Years of Service. Effective January 1, 1985, a volunteer qualifies for a 15-year award payment when he/she has completed 15 years of service as an active volunteer after January 1, 1955, and is at least age 60.

Amount Awarded. An active volunteer who satisfies these requirements must receive an award payment of $9.32 per month for life for each year of service as an active volunteer.

4. A Volunteer Who Qualifies in 1985 or Later with 10 Years of Service. Effective January 1, 1985, a volunteer qualifies for a 10-year award payment when he/she has completed 10 years of service as an active volunteer and is at least age 65.

Amount Awarded. An active volunteer who satisfies these requirements must receive an award payment of $9.32 per month for life for each year of service as an active volunteer.

5. Effective July 1, 2017, increase for certain individuals currently receiving LOSAP benefit payments as follows:

The agreed upon eligible individuals will receive a 3.5% increase, for a maximum total benefit of no more than $362.00 per month, to his/her LOSAP benefit payment if he/she is:

A. Received LOSAP benefit payments as of December 31, 2015; and

B. Qualified for the higher nominal fee, as described in Article 12 of the Collective Bargaining Agreement, for calendar year 2015 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 standby.

b. Disability Benefit. A volunteer qualifies for a disability benefit of $345 per month for life if:

1. he/she becomes disabled as the direct result of active participation as a LFRD volunteer;

2. the disability prevents him/her from pursuing his/her normal occupation; and

3. a State Workers’ Compensation Commission finds that the disability is total and permanent, and is a direct result of active participation as a LFRD volunteer.

Length of Service benefits under 21.02.16.05.a. must not be paid to volunteers who are receiving award payments under this subsection.

c. Death Benefit. On a volunteer’s death, his/her surviving spouse or domestic partner, or estate if no spouse or partner survives, qualifies for a $5000 death benefit if the volunteer has met either the years of service requirement for a length of service benefit, or the requirements for a disability benefit.

d. Survivor’s Benefit. A volunteer’s surviving spouse or domestic partner qualifies for a monthly award payment equal to 50 percent of the length of service benefit for which the volunteer met the minimum years of active service requirement, or 50 percent of the volunteer’s disability benefit, until the spouse’s death or remarriage, or the partner’s death or establishment of another domestic partnership.

To participate in LOSAP, a volunteer must register with the LFRD LOSAP Coordinator before the annual certification period. On January 1st of each calendar year, a process will be initiated to officially credit service points that each volunteer has accumulated in all service categories between January 1st and December 31st of the prior calendar year. Reports that the LFRD will use to prepare the Annual Certification for the Length of Service Award Program must be maintained in a format approved by the Division of Volunteer and Community Services.

a. LFRD Administration Process. Each LFRD must appoint a LOSAP Coordinator to register all volunteer members, administer its LOSAP program, and maintain its LOSAP records.

1. Volunteer Registration. The LOSAP Coordinator will verify volunteer member registration information and report any changes on the record form to the LOSAP Administrator with the annual certification.

2. Record Maintenance. LOSAP Coordinators must maintain documentation in a format approved for LOSAP credit. This format requires that records be kept by the year for credit, volunteer's name (last name, first name, middle name, Jr./Sr.), Social Security Number/taxpayer identification number, date of birth, and current home address.

3. Record Verification and Resolution of Discrepancies. The LFRD's LOSAP Coordinator will transfer all required data to the LOSAP annual certification form. The LFRD Member Activity Summary for all volunteer members must be posted in a prominent place in each of the LFRD stations for at least 30 days. Each volunteer must review his/her LOSAP annual certification form and initial the point totals to verify its accuracy. If a volunteer notes that a discrepancy exists on a LOSAP annual certification form, the LOSAP Coordinator and the volunteer must attempt to resolve the discrepancy before the LOSAP Coordinator submits the annual certification form to the LOSAP Administrator. If the discrepancy remains unresolved by the deadline for the LFRD's submission of the annual certification form to the LOSAP Administrator, the LOSAP Coordinator must submit a request for an appeal to the LOSAP Administrator on behalf of the volunteer. The LOSAP appeal must be submitted within the 30-day appeal window noted in subsection c. below, and must include all supporting documentation.

b. Division of Volunteer and Community Services Administration Process.

1. The LOSAP Administrator:

A. calculates the points awarded by category to determine the total point award;

B. returns the approved list of certified volunteers to each LFRD, which must post the list for at least thirty days for review and verification by volunteers; and

C. distributes copies of the volunteer’s service LOSAP form as follows:

i. one copy of the verified LOSAP form must be inserted in the County’s LOSAP files.

c. Volunteer Annual Certification Appeals Process. A volunteer who has not received proper point credit, or otherwise has an unresolved discrepancy, has the right to file a LOSAP appeal to the Division of Volunteer and Community Services within 30 days after a written notice of the finding is mailed to the volunteer. The volunteer’s appeal of the LOSAP Coordinator’s decision must be in writing and must be forwarded to the LOSAP Administrator by the LFRD Coordinator. The appeal must include a cover memo explaining the issue appealed and must provide all relevant documentation to support the appeal. The LOSAP Administrator must then investigate the appeal and make a recommendation to the Division Chief of the Division of Volunteer and Community Services. The Division Chief’s decision on the LOSAP appeal is final.

A volunteer must complete the Application for Payment form (Appendix A) and submit it to the LOSAP Administrator.

a. Application for Length of Service Benefits.

1. The volunteer must complete the Application for Payment form (Appendix A) to request LOSAP payments and submit it to the LOSAP Administrator.

b. Application for Disability Benefits. A volunteer who becomes disabled as the direct result of active participation as a LFRD volunteer and is prevented from pursuing his or her normal occupation because of a disability incurred while serving as a volunteer may receive a disability benefit. The volunteer must complete the application procedure for the disability benefit, as described in the Fire and Rescue Commission’s regulation on Workers’ Compensation Claims. The volunteer must provide proof that the Maryland Workers’ Compensation Commission has found that the disability is total and permanent, and is a direct result of active participation as a LFRD volunteer. The volunteer must complete and submit the Application for Payment form (Appendix A) to request disability pay.

c. Application for Death Benefits. The volunteer must have met either the years of service eligibility requirement for a length of service benefit, or the requirements for a disability benefit. Within one year of the volunteer’s death, his/her surviving spouse or domestic partner (or estate if no spouse or partner survives) must submit an application using the Application for Payment form (Appendix A), with a certified copy of the death certificate, before the benefit can be paid.

d. Application for Survivor’s Benefits. The volunteer’s spouse or domestic partner may receive a survivor’s benefit on the volunteer’s death if the volunteer met the years of service requirements for a length of service benefit, or the requirements for a disability benefit. The spouse or domestic partner must submit an application using the Application for Payment form (Appendix A), along with a certified copy of the death certificate, before the benefit can be paid.

a. Division of Volunteer and Community Services:

1. approves certification of annual service;

2. annually approves and distributes a standing list of elected and appointed positions that are eligible for LOSAP credit;

3. annually approves and distributes a standing list of training courses that are eligible for LOSAP credit;

4. annually approves and distributes a standing list of collateral duties that are eligible for LOSAP credit; and

5. hears appeals brought by LFRD volunteers who believe that they are eligible to receive LOSAP benefits and/or annual certification.

b. Fire Chief:

1. administers the LOSAP program, in coordination with the Division of Volunteer and Community Services and other appropriate Montgomery County Government agencies; and

2. with the recommendation(s) of the Division of Volunteer and Community Services, annually submits with the fire and rescue service budget a request for funds to pay administrative costs and benefits for all eligible LOSAP recipients for the next fiscal year.

c. Local Fire and Rescue Department:

1. must directly utilize the data system provided by the County for all LOSAP activities, standby, collateral duties, meetings, drills.

2. maintains detailed and accurate records of participation in any activity that qualifies for credit toward active volunteer status for each volunteer;

3. ensures that its LOSAP Coordinator adheres to the procedures established in this regulation; and

4. when requested by the County Executive, provides the Executive with all available records regarding LFRD volunteers’ claims for retroactive benefit payments.

d. Volunteer:

1. must directly utilize the data system provided by the County for all LOSAP activities, standby, collateral duties, meetings, drills.

2. provides the LOSAP Coordinator with accurate and timely information to maintain his/her records;

3. reviews his/her annual certification of service summary to verify the accuracy of the information before its submission to the Division of Volunteer and Community Services LOSAP Administrator;

4. resolves any inaccurate information with the LOSAP Coordinator,

5. appeals to the Division of Volunteer and Community Services any discrepancy not resolved with the LOSAP Coordinator, or any disputed finding by the LOSAP Administrator regarding the number of points he/she received under Sec. 4.d. above;

6. initiates application for payment of appropriate benefits; and

7. if applicable, coordinates the accreditation of points awarded for his or her volunteer service with multiple LFRDs.

e. LOSAP Coordinator:

1. maintains accurate volunteer registration and certification information and files;

2. reviews any discrepancies noted by volunteers in the annual reports,

3. assists volunteers as necessary during the appeals process;

4. submits annual certification information to the LOSAP Administrator by March 31st of each year;

5. mails or hand delivers to each registered volunteer, his/her annual certification within 20 days of its receipt; and

6. must directly utilize the data system provided by the County for all LOSAP activities, standby, collateral duties, meetings, drills.

f. LOSAP Administrator:

1. verifies service data award points based on the volunteer’s activity,

2. prepares the “credit/no credit” list;

3. files annual certification copies as appropriate;

4. prepares, approves, and submits LOSAP payment authorizations to the Montgomery County Finance Department;

5. prepares documentation of appeals for the Division of Volunteer and Community Services review;

6. notifies the LOSAP Coordinator and the affected volunteer of the Division of Volunteer and Community Services decision on the appeal; and

7. conducts periodic LOSAP administration training classes for all LOSAP Coordinators.

g. Montgomery County Government Finance Department: maintains the LOSAP payment schedule, in coordination with the Division of Volunteer and Community Service, and makes timely payment of LOSAP benefits to volunteers, the surviving spouse or domestic partner, or the volunteer’s estate, as appropriate.

This regulation is effective when the Council receives a copy of the regulation adopted by the County Executive.

Appendix A - Application for Payment

[Click here to view Appendix A.]