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HomeMy WebLinkAbout4.j. Firefighters Relief Association BylawsCITY OF ROSEKOUNT j EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE:` FEBRUARY 18, 1992 AGENDA ITEM: ROSEMOUNT FIREFIGHTER'S RELIEF AGENDA SECTION: ASSOCIATION BY-LAWS CONSENT PREPARED BY: STEPHAN JILK, CITY ADMINISTRATOR AGENDT 4 7T ATTACHMENTS: HIGHLIGHTS OF CHANGES, APP OVE BY: AMENDED BY-LAWS ") The Fire Departments Relief Association has thoroughly reviewed and updated their Association By -Laws. These By -Laws outline the benefits and disbursement of those benefits available to their members. This is the "rule book" if you would for the operation of the association. In many cases the regulations set out in the by-laws are established by state law and almost all of the changes made to the by-laws were either for clarification purposes or to bring the language in to conformity with state law. No material changes were made. The membership did approve the revised By -Laws at their annualmeetingon January 28th and they request your consideration and approval of them. RECOB01ENDED ACTION: Motion to approve the amended Rosemount Firefighter's Relief Association By -Laws as submitted and approved by the Association membership on January 28th, 1992. COUNCIL ACTION: 7 FEBRUARY 7, 1992 HIGHLIGHTS OF THE PROPOSED CHANGES TO THE BYLAWS OF THE ROSEMOITNT..-FIREF'TGs�r—IS AFr'n�u EacnrTaTjON The bylaws of the Association were last updated and approved in January of 1990. Since that time the State of Minnesota Statues that cover fire relief associations have been changed. The Association is now updating the bylaws to include these changes and to clarify some other areas that needed rewording. There is no change in the financial requirements of the City. The Association presents these bylaws to the City Council as a matter of keeping the Council informed and request that the City Council ratify the changes and authorize the necessary signatures. The membership of the Association has approved these changes at the Annual Meeting on January 28, 1992. ARTICLE I. Sec. 2. Application fee raised from $ 5.00 to $ 10.00 Sec. 4. Annual dues raised from $ 5.00 to $ 10.00 Sec. S. Secretary to notify those with late dues Sec. 7. Reinstatement fee raised from $ 10.00 to $ 50.00 ARTICLE II. Sec. 1. City Administrator/Clerk replaced with Clerk, Clerk -Treasurer, Finance Director - State Statue wording Sec. 2. Added Board vacancy replacement wording Sec. 6. Added fiduciary liability insurance coverage - State Statue wording ARTICLE III. Sec. 5. Added Aid Committee guideline for assistance ARTICLE IV. Sec. 1. Added notification of Annual Meeting of members Sec. 2.- Added meeting dates set a Annual Meeting Sec. 3. Added notification of Board of meeting times Sec. 7. Updated Annual Meeting agenda, added meeting agenda and Special meeting agenda ARTICLE VI. Sec. 4. Reworded this section on paying of benefits - clarification of old bylaw ARTICLE VII. Added time limit on acting on Application of Disability Benefits - 6 months PAGE 1 HIGLIGHTS OF BYLAW CHANGES 3 ARTICLE VIII. Sec. 1. Added time limit on payment action - 10 days Sec. 2. Added time limit on payment action - 120 days Sec. 3. Pay interest on Deferred Pension — State Statue wording _ Sec. 6. Added payment table of benefits - clarification of old bylaws Sec. 8 Added supplemental benefit for payment of taxes-- State axesState Statue wording At the end of each section in the "new" bylaws are the numbers of the State Statues that were used for that section. This is being done so that future members may know where to look for changes in State Statues Again, the "new" bylaws are mostly updating the wording for clarification and to bring them up to the State Statues. The "new" bylaws and these highlights were written by Joe Walsh, Vice President of the Association, with comments taken from the Board of Trustees, the members of the Association at several meetings during the past year and review of State of Minnesota Statues. PAGE 2 PROPOSED BYLAWS OF THE ROSFJ40UNT FIREFIGHTER'S RELIEF ASSOCIATION ARTICLE I. Section 1. Any member of the Rosemount Volunteer Fire Department, who is not a substitute firefighter, shall be eligible to apply for membership in this Association. [MS 424A.01 S21 Section 2. Written application, accompanied by an application fee of $20.00 (TWENTY) dollars may be made at any regular or special meeting of the Board of Trustees. The application will then laid over until the next meeting for consideration. During this time, the Board of Trustees may conduct an investigation to determine if the applicant, due to some medically determinable physical or mental impairment or condition, would constitute for the Association a predictable and unwarranted risk of liability for benefits at an earlier than the minimum age specified for receipt of a service pension. If no such impairment or condition exists, the Board of Trustees shall accept the applicant as a member in the Association. If the applicant is not accepted into the Association, the application fee shall be returned to the applicant. [MS 69.26;424A.01 S4] Section 3. Resignation from the Rosemount Volunteer Fire Department, shall terminate the membership of the member so resigning; provided, however, that any member who has served for at least the minimum number of years required by Article VIII of the bylaws for vesting of pension rights as an active member of the Rosemount Volunteer Fire Department shall retain membership in this Association, regardless of resignation, expulsion or removal, subject to payment of dues and such other regulations which maybe from time to time imposed. [MS 424A.02 S11 PAGE 1 Section 4. Each member shall on or before the pay $10.00 (TEN) [MS 69.26] Section S. ARTICLE I. (continued) pay to the Association annual dues payable annual meeting of each year. Members shall dollars. Any member of the Association who fails to pay the dues within 60 (SIXTY) days of the time when such payment is due, stands suspended from membership and forfeits all rights and benefits, thereunder by such non-payment without any action by the Association or any officer thereof. The Secretary shall notify all members of annual dues being due, when notifying the members of the annual meeting. The Secretary shall notify, in writing, all members that have not paid their dues when they are 30 (THIRTY) days past due. [MS 69.26] Section 6. Any member who shall, in the opinion of a majority of the Association, fraudulently claim benefits from, or defraud or attempt to defraud the Association in anyway, shall be terminated from membership by the Association and shall forfeit all further rights to benefits from this Association. Notice of the Association meeting at which suspension is to be considered shall be given to each member and shall include the purpose of the meeting. The charged member shall be given an opportunity to be fully heard as to each charge. [MS 69.26] Section 7. Any suspended member can only be reinstated upon his application therefore in writing, presented at a annual or special meeting of the Association, accompanied by a sum of money equal to what he would have been required to pay to the Association during the period of suspension had he not been suspended, plus a reinstatement fee of $50.00 (FIFTY) dollars, upon a favorable vote of 2/3 of the members present and voting at such meeting. If the application for reinstatement is rejected, the money accompanying the same PAGE 2 ARTICLE I. MEMBERSHIP (continued) Section 7. (continued) shall be returned to the applicant. [MS 69.26] PAGE 3 ARTICLE II. BOARD OF TRUSTEES Section 1. This Association shall be managed by a Board of Trustees consisting of nine members. Six trustees shall be elected from the membership of the Association and three trustees shall be drawn from the officials of the municipality. The Board of Trustees shall consist of the following: President, Vice President, Secretary, Treasurer and two General Trustees, each of whom shall be elected for a term as specified in this Article or until his successor has been elected and qualified, at the annual meeting of the Association from its members, and the statutory ex officio trustees: the Chief of the City of Rosemount Fire Department, the Mayor of the City of Rosemount and the City Clerk, Clerk - Treasurer or Finance Director. In no event shall any trustee hold more than one officer position at any one time. An ex officio trustee shall have all the rights and duties accorded to any other trustee except the right to be an officer of the Board of Trustees. [MS 424A.04] Section 2. As their respective terms of office expire, the President, Vice President,Secretary,Treasurer or General Trustee shall be elected for three year terms at the annual meeting. The Secretary shall notify the members of the Association prior to the annual meeting as to the positions to be elected. The terms of the trustees shall be staggered on as equal a basis as is practicable. When a vacancy in the Board of Trustees occurs, the remaining members of the Board of Trustees shall appoint a member to fill the remaining term of the vacated position, except for ex officio members, who will be replaced by their successor. This appointment shall be made as soon as possible, but no later than 90 (NINETY) days from the date the position became vacated. [MS 424A.04] Section 3. A General Trustee or officer may removed for cause. Cause for removal shall include, but shall not be limited to, the breach of the duties as set forth in Article II and III of these bylaws. One or more of the Trustees or Officers may be removed at a meeting of the membership, which will be called for that purpose, by a 2/3 vote of those present and voting at such meeting. Notice of the meeting at which PAGE 4 ARTICLE II. BOARD OF TRUSTEES (continued) Section 3. (continued) removal is to be considered shall be given to each member and shall include the purpose of the meeting. The General Trustee or Officer shall be given an opportunity to be fully heard as to each charge. If a General Trustee or Officer is removed, his replacement shall be elected by the members at the same meeting, and such replacement shall serve out the unexpired term of the removed General Trustee or Officer. [MS 424A.041 Section 4. It shall be the duty of the Board of Trustees to prepare modes and plans for thesafeand profitable investment of the unappropriated funds of the Association, and whenever loans or investments are made, to investigate and pass upon the securities offered and to attend to the drawing and execution of the necessary papers. The Board of Trustees shall order an audit of the books and accounts of the Secretary and the Treasurer annually, according to law, and shall submit a written report of the condition of the Association to the members at the annual meeting. [MS 69.26] Section 5. The investment of the funds of the Association shall be in the exclusive control of the Board of Trustees, in conformance with State of Minnesota Statues. [MS 69.38;69.775;424A.05 S41 Section 6. The members of the Board of Trustees shall act as trustees with a fiduciary obligation to the members of the Association to the City of Rosemount and to the State of Minnesota. The Board of Trustees may be covered by fiduciary liability insurance which shall be provided by the Association, with the premiums for said insurance, payable from the Special Fund of the Association. [MS 424A.001 S71 PAGE 5 ARTICLE III. DUTIES OF OFFICERS Section 1. It shall be the duty of the President to attend and to preside at all meetings of this Association and of the Board of Trustees. The President shall enforce the due observance of the Articles of Incorporation and the bylaws and see that the Officers properly perform the duties assigned to them. The President shall sign all checks issued by the Treasurer and all other papers which require his signature. The President shall be a member of all committees except the Aid Committee and shall exercise careful supervision over the affairs of the Association. The President shall receive such salary as may be fixed from time to time by the Board of Trustees, subject to approval of the majority of the members of this Association, and payable from the Special Fund of the Association. [MS 69.26] Section 2. It shall be the duty of the Vice President to perform the duties of the President in his absence. In the absences of both the President and Vice President, it shall be the duty of the Association to elect a President Pro Tem, who shall perform the duties incident to the office. [MS 69.26] Section 3. It shall be the duty of the Secretary to keep a true and accurate record of the proceedings of all meetings of the Association and of the Board of Trustees. The Secretary shall keep a correct record of all amendments,alterations and additions to the Articles of Incorporation or the bylaws in a separate book from the minute books of the Association. The Secretary shall keep a roll of membership, with the date of joining,resignation,discharge,leaves of absences, dues, and assessments paid and relief or pensions furnished, deferred, or pending. These books shall at all times be open to inspection by the Board of Trustees, with at least two Trustees present during the inspection. Prior to entering upon the duties of this office, the Secretary shall give a bond in such amount and with such sureties as may be required and approved by the Board of Trustees, conditioned upon the faithful discharge of the Secretary trusts and the full performance of the office. Such bond will be paid from the Special Fund of the Association. The Secretary shall sign PAGE 6 ARTICLE III. DUTIES OF OFFICERS (continued) Section 3. (continued) all orders for payment with the Treasurer, pr statements required by such salary as may be Trustees, subject to a from the Special Fund [MS 69.30;69.801 Section 4_. issued to the Treasurer, and jointly apace and file all reports and law. The Secretary shall receive Eixed from time to time by the Board of Dproval of the Association and payable Df the Association. It shall be the duty of the Treasurer to receive from the Secretary all funds belonging to the Association and hold them subject to the order of the President and countersigned by the Secretary. The Treasurer shall keep separate and distinct accounts of the Special and General Funds, and shall prepare and present to the Board of Trustees a full and detailed statement of the assets and liabilities of each fund at each regular meeting of the Board of Trustees, and prior to the annual meeting of the Association. Failing in these obligations, the Treasurer may be impeached and expelled from the Office. The Treasurer shall deliver to his successor in office, any items pertaining to the office. Prior to entering upon the duties of this office, the Treasurer shall give a bond in such amount and with such sureties as may be required and approved by the Board of Trustees, conditioned upon the faithful discharge of the Treasurer's trusts and the full performance of the office. Such bond will bepaidfrom the Special Fund of the Association. The Treasurer shall sign all orders for payment issued by the Secretary, and jointly with the Secretary, prepare and file all reports and statements required by law. The Treasurer shall receive such salary as may be fixed from time to time by the Board of Trustees, subject to approval of the Association and payable from the Special Fund of the Association. [MS 69.051 S2;69.80;424A.05 S21 Section 5. There shall be an Aid Committee, composed of the Vice President and two other members of the Association, who may or may not be members of the Board of Trustees, appointed by the President. The Vice President shall be the chairperson of this committee. The duty of the committee shall be to PAGE 7 ARTICLE III. DUTIES OF OFFICERS (continued) Section S. (continued) make provisions for assistance to be rendered to each member of the Association. The committee is to prepare a guideline of the types of assistance to be provided to the members and their immediate families. This guideline will be approved at the annual meeting of the Association, and attached to the bylaws. The funding for this assistance to come from the General Fund of the Association, only after the approval of the members of the Association. [MS 69.26;424A.06 S3] PAGE -8 ARTICLE IV. MEETINGS Section 1_ The annual meeting.of the Association, "for the election of officers and trustees, and other business, shall be held on the fourth Tuesday of January in each year. If such day falls on a holiday, the annual meeting shall be held on the next following Tuesday. The Secretary or any other Officer of the Board of Trustees, in writing, shall notify the membership 10 (TEN) days prior to the annual meeting as to the date,approximate time and location of the meeting. [MS 69.26] Section 2. The Board of Trustees shall meet at least 4 (FOUR) times during the year. These meeting dates will be established at the annual meeting each year. The Secretary or any other Officer of the Board of Trustees, in writing, shall notify the Trustees 10 (TEN) days prior to the Board meeting as to the date,approximate time and location of the meeting. [MS 69.26] Section 3. Special meetings of the Association or Board of Trustees may be called by the President, or 2 (TWO) members of the Board of Trustees, and shall also be called upon written request of 6 (SIX) members of the Association. Members or Trustees shall be notified by the Secretary or any of the other officers of the Board, in writing, at least 4 (FOUR) days prior to the meeting, with the object of the meeting contained in such notice. These special meetings shall be limited to the object contained in the notice, no additions or other items maybe discussed or acted upon. [MS 69.26] Section 4. A majority of the Board of Trustees then in office, and 51 (FIFTY ONE) percent of the members of the Association shall constitute quorums for the transaction of business at their respective meetings. Less than a quorum may adjourn a meeting to a future time, which the Secretary shall make known to the affected members, in writing, at least 4 (FOUR) days prior to the meeting. [MS 69.26] PAGE 9 ARTICLE IV. MEETINGS (continued) Section S. All -reports and resolutions shall be submitted in writing and no report shall be accepted unless it is the report of a majority of a committee, provided, however, that a minority shall be permitted to present its views in writing. [MS 69.26] Section 6. All meetings shall be conducted according to Robert's Rules of Order,as revised. [MS 69.26] Section 7. The Order of Business at the annual meeting shall be: 1. Call to Order. 2. Roll Call of Members. 3. Reading of the minutes of previous meetings, from the last annual meeting to current meeting. 4. Reading of the minutes of the Board of Trustees' meetings, regular and special. 5. Reports of Officers, such as Treasurer and Secretary. 6. Propositions for membership. 7. Reports of special committees. 8. Unfinished business of the Association. 9. New Business of the Association. 10. Authorization to distribute funds from the General fund for operation of the Association. 11. Election of Officers or Trustees 12. Adjournment of meeting. PAGE 10 ARTICLE IV. MEETINGS (continued) Section 7. (continued) The Order of Business at"Board of Trustee meetings shall be: 1. Call to Order. 2. Roll Call of Board of Trustees. 3. Reading of the minutes of previous meeting. 4. Reports of Officers. 5. Propositions for membership. 6. Reports of special committees. 7. Unfinished business of the Association. 8. New Business of the Association. 9. Adjournment of meeting. The Order of Business at Special meetings shall be: 1. Call to Order. 2. Roll Call of Members. 3. Propositions for membership. 4. Object of special meeting, contained in notice. 5. Adjournment of meeting. [MS 69.26] PAGE 11 ARTICLE V. Section 1. The funds received by this Association from dues, fines, application fees, entertainment and other miscellaneous sources shall be kept in the General Fund of the Association on the books of the Secretary and the Treasurer, and may be disbursed for any purpose reasonably related to the welfare of the Association or its members, as authorized by a majority of the members present and voting at any annual or special meeting of the membership. [MS 424A.05 S1] Section 2. All funds received by the Association from any tax sources for the support of the Special Fund, and all funds or property donated or granted to the Association for the benefit of the Special fund shall be kept in a Special Fund on the books of the Secretary and the Treasurer, and shall not be dispersed for any purpose except those specifically authorized by law. [MS 424A.05 S21 Section 3. No disbursement of funds of this Association shall be made except by checks drawn by the Treasurer and countersigned by the President. Except when issued for salaries, pensions, and other fixed charges, the exact amount of which has previously been determined and authorized by the Board of Trustees, (or the membership, in case of disbursements from the General Fund). [MS 424A.05 S21 Section 4. All money belonging to the Association shall be deposited to the credit of the Association in such banks, trust companies, savings and loan associations or other depositories as the Board of Trustees may designate. [MS 424A.05 S41 PAGE 12 ARTICLE VI. APPLICATION FOR BENEFITS Section 1_ All applications for death, disability, relief or pension benefits shall be made in writing on forms furnished by the Secretary. [MS 69.261 Section 2. All applications for death, benefits shall be submitted regular or special meeting [MS 69.26] Section 3. disability, relief or pension to the Board of Trustees at a of the Board. No benefits or pensions shall be paid until the application therefore has been approved by a majority vote of the Board of Trustees. Decisions of the Board of Trustees shall be final as to the payment of such benefits or pensions. No other benefits from the Special Fund, shall be paid to or on behalf of any member who has received a service pension. [MS69.26 424A.021 Section 4. For the purpose of computing benefits or pensions payable. under Articles VII and VIII, a "year of service" shall be defined as a period of 12 (TWELVE) full months of active duty in the Rosemount Volunteer Fire Department, beginning on the date when the member becomes a firefighter in said fire department. If a members' period of active service has not been continuous, parts of years may be added together to compute full years. Time spent as a probationary firefighter on the Rosemount Volunteer Fire Department shall be included in the computation of "years of service". For the purpose of computing full years of active service the following shall apply: a) Personal Leave from the Rosemount Volunteer Fire Department shall not count towards active service time. b) Medical Leave over 60 (SIXTY) days per calendar year, for other than inservice injury or sickness shall not count towards active service time. PAGE 13 ARTICLE VI. APPLICATION FOR BENEFITS (continued) Section A. (continued) c). Medical Leave for inservice injuryLLor sickness shall count towards active service time for up to 12 (TWELVE) months from the date of when the medical leave began from the Rosemount Volunteer Fire Department. Covered inservice duty shall cover: Going to, serving at, and returning by direct route from: 1. All type of fire department calls. 2. Regularly ordered training drills. 3. Regional Fire Schools, State Fire Schools, Fire Department Conferences or Conventions that are held within the State of Minnesota. 4. Any training drill or school ordered or approved by the Fire Chief of the Rosemount Volunteer Fire Department or any other Fire Department Officer acting on behalf of the Fire Chief. 5. Participating in any normal fire department activity wherever it may occur. It is the responsibility of the member to notify the Secretary of this Association of the date of beginning the Medical Leave and must be done no more than 15 calendar days from the beginning date and to notify the Secretary of this Association of the date of return to active duty and this must be done no more than 15 calendar days from the returning date to active duty. These notifications must be made on forms supplied by the Secretary of this Association and must be done no more than 15 calendar days from each date where notification is required. The member, in the case of inservice Medical Leave, must also supply a "First Report of Injury" and periodic medical reports from attending physician [MS 69.26] PAGE 14 ARTICLE VII. DISABILITY BENEFITS Section 1. If a member of this Association shall become permanently disabled, to the extent that a physician or surgeon acceptable to the Board of Trustees shall certify that such disability will permanently prevent said member from performing his duties in the Rosemount Volunteer Fire Department, the Association shall pay to such member the YEARLY PENSION AMOUNT AS SPECIFIED IN ARTICLE VIII, SECTION 6,(a) for each "year of service" that he or she served as a active member of the Rosemount Fire Department. If a member who has received such a disability pension should subsequently recover and return to active duty in the Rosemount Volunteer Fire Department, any amount paid to the member as a disability pension shall be ducted from the service pension. This application shall be acted upon by the Board of Trustees within 6 (SIX) months from the date of application. [MS 424A.05 S3(2)]' PAGE 15 ARTICLE VIII. DEATH BENEFITS AND PENSIONS Section 1. Upon the death'of any active member of the Association 11 who is in good standing at the time of death, the Association shall pay to the named beneficiary and if no beneficiary has been named, to the surviving spouse, if any, and if there is no surviving spouse, divided equally to surviving child or children, if any and if no child or children survive, to the estate of such deceased member, the YEARLY PENSION AMOUNT AS SPECIFIED IN ARTICLE VIII, SECTION 6,(a) for each "year of service" that the member served as a active member of the Rosemount Volunteer Fire Department. This death benefit shall be made within 10 (TEN) days of the date of application for benefits. [MS 424A.05 S3(2)] Section 2. The Association shall pay to each member who shall have served as firefighter in the Rosemount Volunteer Fire Department for a period of 20 (TWENTY years or more prior to resignation from said fire department, and who has reached the age of 50 (FIFTY) years or more, and who has been a member of the Association for at least 10 (TEN) years, the YEARLY PENSION AMOUNT AS SPECIFIED IN ARTICLE VIII, SECTION 6,(a) for each "year of service" as a member of said fire department. Members eligible for benefits under this section shall be paid within 120 (ONE HUNDRED TWENTY) days of the date of application for benefits. [MS 424A.02 S41 Section 3. A member of the Association who shall have served in the Rosemount Volunteer Fire Department for at least 20 (TWENTY) years, and who has been a member of the Association for at least 10 (TEN) years, but has not reached the age of 50 (FIFTY) years, may retire from said fire department and be placed on the deferred pension roll. When the member reaches the age of 50 (FIFTY) years, shall be paid the YEARLY PENSION AMOUNT AS SPECIFIED IN ARTICLE VIII, SECTION 6,(a) for each "year of service" as a member of said fire department. During the time that a member is on the deferred pension roll, he shall continue to pay dues, and will not be eligible to receive any benefits provided for in these bylaws from the Special Fund. A member who wishes to be placed on the PAGE 16 ARTICLE VIII. DEATH BENEFITS AND PENSIONS (continued) Section 3. (continued) deferred pension roll, shall submit to the Board of Trustees an application for benefits form, within 30 (THIRTY) days of resignation from said fire department. The Board of Trustees shall then determine the "years of service" on said fire department, and determine the amount of pension payable to the member. Upon the death of a member, who is on the deferred pension roll, and who is in good standing at the time of death, the Association shall pay to the named beneficiary and if no beneficiary has been named, to the surviving spouse, if any, and if there is no surviving spouse, divided equally to surviving child or children, if any and if no child or children survive, to the estate of such deceased member, the sum that has been determined payable to the member, plus the interest gained by Article VIII, Section 4. [MS 424A.02 S6,71 Section 4. During the time that a member is on the deferred pension roll, the Association shall add to the amount payable to such member, interest, compounded annually, at the rate actually earned on the assets of the Special Fund, but not to exceed the interest rate specified in section MS 356.215, subdivision 4d, and must be compounded annually based on calendar year balances, if the member has served as a firefighter on the Rosemount Volunteer Fire Department for a minimum period of 20 (TWENTY) years. [MS 424A.02 S71 Section 5. A member of the Association who shall have served in the Rosemount Volunteer Fire Department for more than 10 (TEN) years, but less than 20 (TWENTY) years, as a firefighter in the Rosemount Fire Department, may retire from said fire department and be placed on the early vested pension roll. When the member reaches the age of 50 (FIFTY) years, and has been a member of the Association for at least 10 (TEN) years, shall upon application therefore, be paid in the following manner: a) For duty of more than 10 (TEN) years, but less than 11 (ELEVEN) years, 60 (SIXTY) per cent of the amount per "year of service" which would have been PAGE 17 ARTICLE VIII. DEATH BENEFITS AND PENSIONS (continued) Section S. (a) (continued) earned, had the member served for 20 (TWENTY) years or more; b) For duty of more than 11 (ELEVEN) years, but less than 20 (TWENTY) years, 4 (FOUR) per cent of the amount per "year of service" which would have been earned, had the member served for 20 (TWENTY) years or more, shall be added to all "years of service" for each additional "year of service" between 11 (ELEVEN) and 20 (TWENTY) years. c) Upon the death of a member, who is on the early vested pension roll, and who is in good standing at the time of death, the Association shall pay to the named beneficiary and if no beneficiary has been named, to the surviving spouse, if any, and if there is no surviving spouse, divided equally to surviving child or children, if any and if no child or children survive, to the estate of such deceased member, the sum that has been determined payable to the member. d) The YEARLY PENSION AMOUNT AS SPECIFIED IN ARTICLE VIII, SECTION 6,(b) for each "year of service" as a member of said fire department. [MS 424A.02 S21 Section 6. a) The YEARLY PENSION AMOUNT that the Association will pay is $1400.00 (FOURTEEN HUNDRED) DOLLARS per "YEAR OF SERVICE". b) PERCENT OF 20 YEAR PAYMENT $1400.00 per "year of service" Years of Service Percentage of Amount of Payment on Fire Department 20 Year Payment at age of 50 years 10 60 8400.00 11 64 9856.00 12 68 11424.00 13 72 13104.00 14 76 14896.00 15 80 16800.00 16 84 18816.00 17 88 20944.00 PAGE 18 ARTICLE VIII. DEATH BENEFITS AND PENSIONS (continued) Section 6. (b) (continued) 18 - --92 - . 23184.00 19 96 25536.00 20 100 28000.00 [MS 424A.02 S21 Section 7 A member who wishes to be placed on the deferred pension roll, shall submit to the Board of Trustees an application for benefits form, within 30 (THIRTY) days of resignation from said fire department. The Board of Trustees shall then determine the "years of service" on said fire department, and determine the amount of pension payable to the member. The member will then be notified by the Secretary as to the amount of pension benefit. During the time that a member is on the deferred pension roll, he shall continue to pay dues, and will not be eligible to receive any benefits provided for in these bylaws. [MS 69.26] Section 8 A member who receives a lump sum payment of pension or retirement benefits from this Association for service performed as a volunteer firefighter shall be qualified to receive a supplemental benefit. Upon the payment by the Association of a service pension, the Association must pay a supplemental benefit to the member. Notwithstanding any law to the contrary, the Association must pay out its Special Fund a supplemental benefit. The amount of this benefit equals 10 (TEN) percent of the regular lump sum distribution that is paid on the basis of service as a volunteer firefighter. In no case may the amount of the supplemental benefit exceed $1000.00 (ONE THOUSAND) dollars. This supplemental benefit remains in effect until state laws are modified or excluded. Members who receive this benefit should review state law for other provisions that may affect them and their income taxes. The Secretary and Treasurer of this Association are to apply to the Commissioner of Revenue for state reimbursement of the amount of supplemental benefits paid. This must be done in accordance with state laws. [MS 424A.10] PAGE 19 ARTICLE I8. Section 1. The -bylaws of this Association -may be amended atany regular or special meeting of the Association by a favorable vote of 2/3 of the members present and voting, provided that a quorum is present; and provided further that notice of any proposed amendment or amendments shall be given by reading the same at a regular or special meeting of the Board of Trustees or of the Association, not more than 31 (THIRTY-ONE) days next preceding the date upon which such amendment or amendments are to be acted upon, and that a notice be mailed to each member at the last known address not less than 10 (TEN) days prior to such meeting; and provided further, that if such amendments shall change the amount of benefits or pensions, approval of the City Council of Rosemount must be obtained before such change may take effect. [MS 69.26;424A.02 S10] PAGE 20 ARTICLE X. ACCEPTANCE BY ASSOCIATION & CITY COUNCIL BYLAWS OF THE ROSEMOUNT FIREFIGHTER'S RELIEF ASSOCIATION ADOPTED BY THE MEMBERS OF THE ASSOCIATION ON THE DAY OF _ . _ - - ___ _ _ - - PRESIDENT SECRETARY RATIFIED BY THE CITY COUNCIL OF THE CITY OF-ROSEMOUNT ON THE DAY OF , . MAYOR PAGE 21 CITY ADMINISTRATOR