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