HomeMy WebLinkAboutResolution 89-44RESOLUTION 89-44
BE IT RESOLVED by the Board of Trustees of the Columbia
Heights Fire Department Relief Association, Volunteer
Division, that
The By Laws of the Columbia Heights Fire Department
Relief Association, Volunteer Division, are herewith amended
to read as contained in the attached Exhibit A, and the
changes as contained in Exhibit A shall be effective August
28, 1989.
Passed this 28th day of August, 1989.
Offered By: Car] son
Seconded By: Peterson
Roll Call:
All ayes
- nne Student, Co~cil
Dale V. Hadtrath, Mayor
Secretary
August 23, 1989
BY LAWS
OF THE
COLUMBIA HEIGHTS FIRE DEPARTMENT RELIEF ASSOCIATION
VOLUNTEER DIVISION
ARTICLE I.
NAME AND LOCATION
Section 1. NAME. The name of this organization shall be the Columbia
Heights Fire Department Relief Assocation, Volunteer Division, hereinafter
referred to as "Volunteer Division. "
Section 2. LOCATION. Its principal office shall be located at 555 Mill
Street Northeast, Columbia Heights, Minnesota, 55421.
Section 3. ALTERNATIVE. Other offices for the transaction of business
shall be designated at such places as the Board of Examiners may from time to
time determine.
ARTICLE II .
MEMBERSHIPS AND MEETINGS
Section 1. MEMBERSHIP. Members of the Volunteer Division shall be persons
who are not regularly entered on the full -time payroll of the fire department of
the City, but who regularly comply with such rules as may be prescribed by the
public safety director, or fire chief of the City upon delegation by the City
Council to such public safety director or fire chief of the right to prescribe
rules for service by volunteers with the fire department of the City, and who by
reason of their status as such volunteers are engaged in the hazards of fire
fighting. No person shall be a member of the Volunteer Division who is not a
"member in good standing" as defined by the City Council , which may in its
discretion set written standards, upon recommendation of tine Fire Chief, by
which to determine whether a volunteer is a "member in good standing. "
Section 2. MEETINGS. The annual meetings of the members of the Volunteer
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Division shall be on the second Tuesday of January at 8:00 p.m. in each year at
the registered office of the Volunteer Division.
Section 3. SPECIAL MEETINGS. Special meetings of the members of the
Volunteer Division shall be called by the City of Columbia Heights City Manager
no later than fifteen (15) days subsequent to the date the City Manager receives
a written request for such meeting, including the agenda for such meeting and
setting the time, date and place for such meeting, signed by at least twenty
percent (20%) of the membership of such division. Meetings of the Volunteer
Division membership shall be held at the place designated in the written request
for the meeting but in any case shall be held either at the Columbia Heights
Fire Department or at the City Council Chambers.
Section 4. VOTE. At every meeting of the members of the Volunteer
Division, each member shall be entitled to cast one vote for or against each
proposal which may properly come before the members at such meeting.
Section 5. PRESIDE. The President of the Board of Examiners shall preside
at all such meetings. The Vice President shall preside in his absence.
Section 6. QUORUM. A quorum for the transaction of business at any
regular or special meeting shall consist of a majority of the members of the
Volunteer Division.
ARTICLE III .
BOARD OF EXAMINERS
Section 1. MEMBERSHIP. The Board of Examiners shall be composed of six
(6) members. Five (5) members shall be members of the Volunteer Division who
shall be elected at the annual meeting of the Volunteer Division in January of
1981. The three (3) members receiving the highest number of votes shall serve
terms of two (2) years and the two (2) members receiving the fourth and fifth
highest number of votes shall serve terms of one (1) year. Thereafter, the
membership shall elect at the annual meeting three (3) members of the Board of
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Examiners in odd numbered calendar years and two (2) members of the Board of
Examiners in even numbered calendar years. The sixth member of the Board of
Examiners shall be an ex officio member who is a retired volunteer firefighter
who has served at least twenty (20) or more years as a volunteer member of the
Columbia Heights Fire Department and who has attained the age of fifty (50)
years or more. Those persons eligible for ex officio membership shall annually
select the said sixth member of the Board of Examiners from amongst their number
in order that the expiration date of a term shall coincide with the expiration
date of the members selected by the members of the Volunteer Division.
Section 2. REGULAR MEETINGS. Regular meetings of the Board of Examiners
shall be held on the second Monday of April , July and October of each year.
Section 3. SPECIAL MEETINGS WITH MEMBERS OF VOLUNTEER DIVISION. The
members of the Board of Examiners shall attend all meetings of the Volunteer
Division membership. Failure to attend any two properly noticed Volunteer
Division general membership special meetings or any two Board of Examiner
meetings, or a combination of two of either meetings, in one year shall be cause
for removal as a member of the Board of Examiners.
Section 4. SPECIAL MEETING WITH THE BOARD OF TRUSTEES OF THE VOLUNTEER
DIVISION. Special meetings between the Board of Examiners and the Board of
Trustees of the Volunteer Division shall be held in the Columbia Heights City
Council chambers and may be called at any time by the Board of Examiners upon
the written request of any member of the Board of Examiners, upon written
request of at least thirty percent (30%) of the members of such Division or upon
written request of the President of the Board of Trustees. A request shall be
delivered to the Columbia Heights City Manager and shall include the agenda for
the meeting and the time and date of the meeting. It shall be the duty of the
City Manager to give all active and retired members of the Volunteer Division,
members of the Board of Trustees and ex-officio members of the Board of Trustees
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forty-eight (48) hours written notice of the special meeting. Each active and
retired member of the Volunteer Division shall have the duty to keep the City
Manager informed in writing of his current mailing address. The notice shall
include the agenda for the meeting and the time and date of the meeting. No
business shall be transacted at any special meeting except business stated in
the notice. Notices mailed by U.S. mail to the last known address of each
active and retired Volunteer Division member and to each member of the Volunteer
Division Board of Trustees including ex-officio members shall be sufficient to
satisfy the requirements of this section provided the notices are posted no
later than the fifth day prior to the meeting, not including Sundays or
holidays.
A special meeting between the Board of Trusteess and the Board of Examiners
of the Volunteer Division shall be called no later than fifteen (15) days
subsequent to the date the City Manager receives written request for such
meeting including the agenda for the meeting and the time and date of the
meeting.
Section 5. DUTIES. The Board of Examiners shall be the representative of
the Volunteer Division members at any meeting with the Volunteer Division Board
of Trustees. Members of the Board of Examiners shall act as advisors to the
Board of Trustees but shall not have a vote in any matters coming before the
Board.
Section 6. OFFICERS. The members of the Board of Examiners shall elect
from amongst their members a President, Vice President, Secretary and Treasurer.
The President shall be the presiding officer at all meetings and shall be the
ceremonial head of the Columbia Heights Fire Department Relief Association
Volunteer Division. The Vice President shall serve as president in the
President' s absence. The Secretary shall record the minutes of the annual and
special meetings of the members of the Volunteer Division and meetings of the
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Board of Examiners. The Treasurer shall be the official representative of the
Board of Examiners in all matters involving the General Fund.
Section 7. VACANCIES. Vacancies in the Board of Examiners may be filled
for the unexpired terms by the -remaining Examiners at any regular or special
Examiners ' meeting, or by a special meeting of the Volunteer Division duly
called as provided herein.
Section 8. QUORUM. A quorum for the transaction of business at any
regular or special meeting of the Examiners shall consist of a majority of the
members of the Board.
ARTICLE IV.
BOARD OF TRUSTEES
Section 1 . MEMBERS. The governing body of the Columbia Heights Fire
Department Relief Association Volunteer Division shall consist of a Board of
Trustees composed of the members of the Columbia Heights City Council . The City
Manager, clerk-treasurer, chief of the fire department and the public safety
director of the City shall be ex-officio members of the Board of Trustees. The
ex-officio members shall not vote, nor shall they regulate the management or
affairs of the Division except as provided herein. The Board of Trustees of the
Volunteer Division shall have the exclusive control and management of all
affairs, property, and funds of the Volunteer Division from whatever source
received for the benefit of the Volunteer Division special fund and shall have
authority to carry out the objects and purposes of the Volunteer Division as set
forth.
Section 2. DUTIES. In addition to all duties and powers hereinabove given
to the Board of Trustees, said Board of Trustees shall have the following duties
and powers:
a. To designate a bank to act as a depository, drawer, and disbursement
agent of and for the special funds of the Columbia Heights Fire
Department Relief Association, Volunteer Division;
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b. To designate a Bank Trustee as provided in Article IV hereof;
c. To designate an auditor or accountant, or both, to examine the books of
account of the Volunteer Division, including all books relating to the
special funds of the Volunteer Division, as said examinations are
required by the State of Minnesota, or City of Columbia Heights, to
maintain or obtain all funds necessary to accomplish the goals of the
Columbia Heights Fire Department Relief Association, Volunteer
Division.
Section 3. INVESTMENT AGENT. The City clerk-treasurer and City finance
director may, in the discretion of the Board of Trustees, be appointed the sole
investment agent of the Volunteer Division special fund or may be appointed
agent or agents jointly with other individuals or corporations.
Section 4. INVESTIGATION OF CLAIMS. The Board of Trustees of the
Volunteer Division shall investigate and act upon all applications for
disability and service pensions and all other claims for relief by or on behalf
of members of the Division or their beneficiaries. The Board of Trustees of the
Volunteer Division shall select a competent physician who shall advise the Board
in its investigations. The physician shall not have a vote on the Board.
Section 5. PRESIDENT. The Mayor of the City of Columbia Heights shall be
designated the President of the Volunteer Division 's Board of Trustees and shall
preside at all meetings of the Board, provided, that in the Mayor's absence the
members of the City Council who are present shall elect one Council member as
temporary presiding officer. The Mayor shall have general supervision over the
Volunteer Division and its affairs.
Section 6. TREASURER. The City treasurer or finance director shall from
time to time collect from the City of Columbia Heights and from the County of
Anoka all funds derived from taxes levied by the City for the benefit of the
special fund of the Division and the interest from the investment itself. The
treasurer shall also collect from the State of Minnesota all funds and interest
thereon derived from levies imposed and collected by the State for the benefit
of the Volunteer Division on fire insurance premiums collected within the
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corporate limits of the City. The treasurer shall further receive and collect
all funds derived from private sources specifically for the benefit of the
Volunteer Division special fund. Such funds shall be transmitted to the
Division 's Board of Trustees for investment.
The City treasurer shall prepare and sign, with the approval of the
Volunteer Division 's Board of Trustees, all reports or other documents required
by the City of Columbia Heights, or the State of Minnesota, or both, which are
necessary to obtain and maintain all funds necessary to administer the benefits
as provided hereunder.
All money received by the City treasurer from all sources shall be kept in
the Volunteer Division 's Special Fund, unless the monies are otherwise
specifically designated. Otherwise proper sources of funds are to be deposited
in the general fund, in which case the treasurer shall take all steps necessary
to deposit said funds in the general fund of the Columbia Heights Fire
Department Volunteer Association.
Section 7. PROCEDURE. The Board of Trustees shall be governed by the
procedural rules contained in the Charter of the City of Columbia Heights and
the City Code of 1977, as amended from time to time.
ARTICLE V.
FUNDS
Section 1. SPECIAL FUND. The account in the special fund for the benefit
of members of the Columbia Heights Fire Department Relief Association who are
volunteers shall be continued and shall be designated the Columbia Heights Fire
Department Relief Association Volunteer Division Special Fund. Monies and
property shall be added to and disbursed from the special fund as provided by
law. The special fund of the Volunteer Division shall be separate and distinct
from the Columbia Heights Fire Department Relief Association Paid Division
Special Fund. When every member of the Volunteer Division is deceased, the
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funds of such Division shall become a trust fund managed for the benefit of the
beneficiaries of such fund. In the event the City Council shall abolish the
volunteer branch of its fire department, any surplus remaining in the account of
the special fund of the Volunteer Division after discharging all obligations to
all members and other beneficiaries of the Volunteer Division shall be paid into
the general treasury of the City of Columbia Heights.
Section 2. GENERAL FUND. Any and all money received from other sources and
interest thereon, shall be deposited in the General Fund, and may be expended
for any purpose deemed proper by both the Paid Division and the Volunteer
Division.
The Board of Examiners of the Volunteer Division shall have the sole
determination as to the vote or votes that all members of the Volunteer Division
may have for any proposed expenditure of the funds in the General Fund.
Section 3. DISBURSEMENTS AND APPROVALS. All disbursements of payments
from the special fund for the payment of benefits hereunder shall be approved
and authorized by majority vote of the Board of Trustees at a regular or special
meeting held for that purpose.
Section 4. DEPOSITS. All monies belonging to the Volunteer Division
Special Fund shall be deposited to the credit of the Volunteer Division Special
Fund in such banks, trust companies, or other depositories as the Board of
Trustees of the Volunteer Division may designate.
ARTICLE VI .
BENEFITS - VOLUNTEERS ACTIVE AFTER AUGUST 28, 1989
Section 1. SERVICE PENSIONS. Any volunteer firefighter as defined in Laws
of Minnesota for 1977, Chapter 374, §39, who (1) has attained the age of fifty
(50) years, (2) has served ten (10) or more years as a volunteer firefighter,
and (3) has retired subsequent to August 28, 1989, shall be eligible to receive a
monthly service pension commencing one month after reaching the age of fifty
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(50) years as set forth in the attached Schedule A which is made a part hereof.
Any member who retires from being a volunteer after ten (10) years service prior
to reaching the age of fifty (50) years shall riot receive service pension
benefits until the volunteer becomes fifty (50) years of age. Acceptance of a
monthly service pension benefit by a volunteer shall forever terminate the
rights of the volunteer or the volunteer's estate to receive a lump sum benefit
payment or any part thereof.
Any volunteer who becomes eligible for a service pension under this section
may, within one month of the date of becoming eligible to receive a service
pension, serve upon the City Manager, as ex officio member of the Board of
Trustees, a notice of election to receive an optional lump sum payment in an
amount set forth in the attached Schedule A. Failure to give the said notice on
a timely basis shall forever terminate the volunteer's right to receive the
optional lump sum payment or any part thereof. Service by the applicant of the
notice to elect the optional lump sum payment shall forever terminate all
benefits to or on behalf of the volunteer or the volunteer's survivors.
Section 2. SURVIVORS ' BENEFITS.
Subd. A. ACTIVE VOLUNTEERS. The estate of an active volunteer
firefighter as defined in Laws of Minnesota for 1977, Chapter 374, §39, shall be
eligible to receive a monthly survivors ' benefit, commencing one month after the
death of the firefighter, as set forth in the attached Schedule A.
Subd. B. TERMINATED VESTED VOLUNTEERS. The estate of any volunteer
firefighter as defined in Laws of Minnesota, Chapter 374, §39, (1) who is
inactive (no longer a volunteer firefighter in good standing) at the time of the
volunteer's death, (2) who has served ten (10) or more years as a volunteer
firefighter prior to the volunteer's death, and (3) who dies before reaching the
age of fifty (50) years, shall be eligible to receive a monthly survivors '
benefit, commencing one month after the date when the deceased volunteer member
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would have reached the age of fifty (50) years had the volunteer survived, as
set forth in the attached Schedule A.
Subd. C. NOTICE. The estate of any such deceased volunteer eligible
for survivors ' benefits under this section may, within sixty (60) days after the
date of the volunteer's death in the case of an active volunteer under §2A or
within sixty days after the date when the deceased volunteer member would have
reached the age of fifty (50) years had the volunteer survived in the case of a
terminated vested volunteer under §2B, serve upon the City Manager, as ex
officio member of the Board of Trustees, a notice of election to receive an
optional lump sum payment in an amount set forth in the attached Schedule A.
Failure to give the said notice on a timely basis shall forever terminate the
applicant's right to receive the optional lump sum payment or any part thereof.
Service by the applicant of the notice to elect the optional lump sum payment
shall forever terminate all other benefits to or on behalf of the volunteer or
his survivors. The Board of Trustees shall within ten days of receiving notice
of the volunteer's death mail notice of the right to elect a lump sum to a
designated beneficiary at an address designated by the volunteer in writing and
filed by the volunteer with the City Manager as ex officio member of the Board
of Trustees.
Subd. D. PAYMENTS DUE. Payments pursuant to §2A hereunder shall be
due within sixty (60) days from the date the Board of Trustees is notified of
the death. Payments pursuant to §2B shall be due within sixty (60) days from
the date the Board of Trustees is notified of the death but after the date that
the deceased volunteer member had the volunteer survived would have reached the
age of fifty (50) years. Notification shall include a certified copy of the
deceased volunteer's death certificate.
Subd. E. BENEFICIARY DESIGNATION. Payments under this Paragraph C
may be made to a designated beneficiary rather than the personal representative
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of the estate of deceased volunteer provided that, prior to the death of the
volunteer, the volunteer small have designated such choice in writing and shall
have filed such designation with the City Manager as ex officio member of the
Board of Trustees.
Subd. F. LIMITATIONS. The beneficiary or personal representative of
an estate of a deceased firefighter may never elect to take a lump sum benefit
after a monthly service pension benefit or monthly survivors ' pension benefit
has been received by the volunteer or his beneficiaries, survivors, or personal
representatives. A volunteer or his personal representative, beneficiary, or
survivor may never elect to take a monthly service pension benefit or a monthly
survivors ' pension benefit after accepting a lump sum benefit. The combination
of monthly service pension benefits and monthly survivors ' pension benefits
shall never exceed fifteen (15) years of payments.
Section 3. TOTAL DISABILITY.
Subd. A. LINE OF DUTY. Any volunteer firefighter as defined in Laws
of Minnesota for 1977, Chapter 374, §39, who sustains a total disability which
has arisen out of or in the course of his duties as a volunteer firefighter for
the Columbia Heights Fire Department shall be eligible to receive monthly
disability benefits as set forth in the attached Schedule A.
Subd. B. VESTED OFF-DUTY. Any volunteer firefighter as defined in
Laws of Minnesota for 1977, Chapter 374, §39, who (1) sustains a total
disability which does not arise out of or in the course of his duties as a
volunteer firefighter, (2) has served at least ten (10) years as a volunteer
firefighter in the service of Columbia Heights and (3) is an active member in
good standing at the commencement of such disability shall be eligible to
receive monthly disability benefits as set forth in the attached Schedule A
commencing one month after reaching the age of fifty (50) years.
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Subd. C. TOTAL DISABILITY DEFINED. Total disability for purposes of
this Section shall be defined as follows:
any disability by bodily injury or disease which wholly
and continuously prevents the performance of substantially
all the duties of a firefighter for a period in excess of
thirty (30) days.
Subd. D. BENEFIT DISQUALIFICATION. No benefits shall be paid under
this Section if the disability is directly or indirectly, wholly or partly as a
result of:
(1) self-inflicted injury or suicide, while sane or insane; or
( 2) the commission or the attempted commission of an assault
or crime by the individual .
Subd. E. LIMITATION. A volunteer who draws or is eligible to draw a
service pension under this Article shall not be eligible to simultaneously draw
a disability pension. At such time as a volunteer becomes eligible to draw a
service pension under Section 1 of this Article, all disability pensions to
which a disabled volunteer might otherwise be entitled under Section 3 of this
Article shall cease forever.
Subd. F. PAYMENT. No benefits shall be paid under this Article for
any disability prior to thirty (30) days before the application for benefits is
served upon the City Manager. Payments of benefits under this Section shall be
made only during such time as the volunteer is totally disabled. No benefits
shall be paid under this Article for any disability period during which the
disabled volunteer is actually performing services for the Columbia Heights Fire
Department.
Subd. G. The Board of Trustees shall attempt to meet within fifteen
(15) days after receipt of the application for disability benefits by the City
Manager and shall act upon the said application as soon as is expedient. In
determining whether or not a firefighter is disabled, the Board of Trustees
shall consider the Typical Duties Performed by a firefighter as promulgated by
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the Fire Chief in the Rules and Regulations of the Fire Department notebook. In
determining disability, the Board of Trustees may compel an applicant to be
examined by doctors selected by the Board of Trustees as a condition precedent
to being considered for payment or continued payment of disability benefits.
Section 4. SERVICE YEAR. No volunteer shall be given credit for a year of
service unless that volunteer shall have completed an entire and complete year
as an active volunteer member in good standing with the Columbia Heights Fire
Department. An entire and complete year of service shall consist of twelve
complete months of service which need not be consecutive months. No volunteer
shall be given credit for service during any periods of disability, medical
leave, suspensions or approved leaves of absence. No portions or parts of years
may be considered in determining length of service for purposes of determining
eligibility for benefits or amount of benefits.
Section 5. FUTURE ADJUSTMENTS.
Subd. A. LIMITATIONS ON FUTURE ADJUSTMENTS. Future adjustments for
persons who become disabled, deceased, or retired after August 28, 1989 shall not
exceed fifty percent (50%) of the monthly benefit adjustment granted active
volunteers. Provided, however, that no pension benefit for benefit recipients
shall ever be adjusted to exceed two (2) times the original pension benefit paid
at the time of retirement (including credit for additional years of service) .
No such future adjustments may be made unless the Columbia Heights City Council
first finds that the proposed increase is in accordance with Chapter 374, Laws
of Minnesota for 1977 (uncodified) . No review of the benefits herein set forth
will occur until or after August 28, 1991; and reviews thereafter shall be no more
frequently than every four (4) years. A recipient or the survivor of a
recipient of a lump sum benefit shall never receive a future adjustment.
Certain volunteers and their survivors shall be subject to the additional
limitations of Article VI, Section 5, Subd. B.
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Subd. B. PROHIBITION ON FUTURE ADJUSTMENTS. No future benefit
adjustments will be granted to volunteers or their estate in those instances
where (1) the volunteer has served less than twenty (20) years and is eligible
for a service pension under Article VI, Section 1, or (2) the estate of a
firefighter who has served less than twenty (20) years and who was inactive (no
longer a volunteer firefighter in good standing) at the time of his death is
eligible for a monthly survivors ' benefit under Article VI, Section 2, Subd. B.
In each of the foregoing instances under this Subdivision B, the benefit amount
shall remain the same as the benefit amount at the time the volunteer becomes
inactive whether by vested retirement or death. Provided, however, that when
the volunteer described in this Section 5, Subd. B reaches the age of fifty (50)
years or would have reached the age of fifty (50) years had the volunteer
survived, the volunteer or the volunteer's survivors shall again become eligible
for limited future adjustments under Section 5, Subd. A of this Article VI .
Section 6. VESTING. Rights to receive benefits under this Article VI ,
except as specifically heretofore set forth shall vest after ten (10) years of
service at forty percent (40%) of the benefit accrued. Thereafter, benefits
shall vest at the rate of six percent (6%) per service year to a maximum total
vesting of one hundred percent (100%) after twenty (20) years of service.
Benefits shall basically accrue (but not necessarily vest) at the rate of
sixteen dollars ($16.00) per month per completed service year. Where optional
Jump sum payments are available, the option lump sum benefit shall basically
accrue (but not necessarily vest) at the rate of two thousand three hundred
dollars ($2,300.00) per completed service year.
Section 7. APPLICABILITY. The benefits set forth in this Article VI shall
only be applicable to volunteer firefighters who are active after August 28,
1989.
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Volunteer firefighters active after August 28, 1989 shall be entitled to no
benefits other than those set forth in this Article VI .
Section 8. EFFECTIVE DATE. The benefits set forth in this Article VI
shall become effective upon their approval by the City Council and their
adoption by the Board of Trustees.
ARTICLE VII
BENEFITS - VOLUNTEER RETIRED PRIOR TO FEBRUARY 13, 1989
Section 1. SERVICE PENSIONS. The retired volunteers named below shall
receive a monthly service pension in the amount set forth opposite such
volunteer's name during the lifetime of the volunteer, to-wit:
Name Amount
H. Severson $ 175.00
K. Stinson 171.00
D. DeMars 157.UO
E. Miskowic 202.00
L. Patsch 189.00
L. Nelson 255.00
M. DeMars 296.00
J . Matlon 255.00
R. Gill 260.00
R. Meinhardt 255.00
R. Volkman 255.00
D. Jolly 263.00
Section 2. SURVIVORS ' BENEFITS. The estate of a volunteer named in
Article VII , Section 1, shall receive the service pension of the deceased
volunteer until such time as the volunteer and his estate shall have received a
combined total of fifteen (15) years of service pension payments. At such time
as fifteen (15) years of service pension payments shall have been made on behalf
of a volunteer, all benefits shall cease. If the deceased volunteer shall have
received fifteen (15) or more years of benefit payments prior to the volunteer's
death, no survivor benefits shall be paid.
Payments hereunder shall be made within sixty (60) days from the date the
Board of Trustees is notified of the death. Notification shall include a
certified copy of the deceased volunteer's death certificate.
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Section 3. DEATH BENEFIT. A death benefit in the amount of one thousand
five hundred dollars ($1 ,500.00) shall be paid to the estate within sixty (60)
days from the date the Board of Trustees is notified of the death of any
volunteer who retired prior to February 13, 1989, but died after such date.
Section 4. BENEFICIARY DESIGNATION. Payments under this Article may be
made to a designated beneficiary rather than the personal representative of the
estate of the deceased volunteer provided that, prior to the death of the
volunteer, the volunteer shall have designated such choice in writing and shall
have filed such designation with the City Manager as ex officio member of the
Board of Trustees.
Section 5. FUTURE ADJUSTMENTS. Future adjusted benefits under Article VII
shall not exceed fifty percent (50°x) of the monthly benefit adjustment granted
active volunteers. Provided, however, that no pension benefit shall ever be
adjusted to exceed two (2) times the original pension benefit paid at the time
of retirement (including credit for additional years of service) . No such
future adjustments may be made unless the Columbia Heights City Council first
finds that the proposed increase is in accordance with Chapter 374, Laws of
Minnesota for 1977 (uncodified) . No review of the benefits herein set forth
will occur until or after August 28, 1991, and reviews thereafter shall be no
more frequently than every four (4) years. The schedule set forth below is
intended to clarify this Section, to wit:
Original Monthly Monthly Benefit Maximum Attainable
Name Benefit Article VII, §1 Monthly Benefit
H. Severson $ 52.00 $ 175.00 $ 175.00
K. Stinson 50.00 171.00 171.00
D. DeMars 44.00 157.00 157.00
E. Miskowic 52.00 202.00 202.00
L. Patsch 46.00 189.00 189.00
L. Nelson 150.00 255.00 300.00
M. DeMars 174.00 296.00 348.00
J . Matlon 150.00 255.00 300.00
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Original Monthly Monthly Benefit Maximum Attainable
Name Benefit Article VII , §1 Monthly Benefit
R. Gill 168.00 260.00 336.00
R. Meinhardt 165.00 255.00 330.00
R. Volkman 165.00 255.00 330.00
D. Jolly 206.00 263.00 412.00
Section 6. APPLICABILITY. This Article shall apply only to the volunteer
firefighters named in Section 1 of this Article. No volunteer firefighter named
in Section 1 of this Article nor his estate shall receive any benefit other than
the benefits specifically provided by this Article.
Section 7. EFFECTIVE DATE. The benefits set forth in this Article shall
be effective from and after February 13, 1989.
ARTICLE VIII .
APPLICATION FOR BENEFITS
Section 1. FORM. All applications for benefits hereunder shall be made in
writing on forms supplied by, or satisfactory to, the Columbia Heights City
Manager. The City Manager shall forthwith deliver all applications to the Board
of Trustees. The Board of Trustees shall convene a special meeting of the Board
of Trustees to make a determination on all applications. All determinations of
the Board of Trustees shall be made within thirty (30) days after the
application was submitted to the City Manager, except when a longer period of
time is necessary to receive medical evidence in disability cases. No benefits
or pensions shall be paid until the application therefore has been approved by
the majority vote of the Board of Trustees. Decisions of the Board shall be
final .
Section 2. Applications shall be verified under oath by the applicant and
shall state, in addition to any other information required by the City Manager,
the following:
A. The age of the applicant, or member, or both;
B. The period of service and anticipated date of retirement from the
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fire department of the City of Columbia Heights, Minnesota;
C. The length of time the applicant or member, or both, has been a
member of the Volunteer Division or its predecessors, including dates in
membership of the Columbia Heights Fire Department Relief Association;
D. Such other and further information the Board of Trustees may
require.
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