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HomeMy WebLinkAboutResolution 76-10CITY OF COLUMBIA HEIGHTS ADMINISTRATIVE OFFICES · COLUMBIA HEIGHTS, MINNESOTA 55421 RESOLUTION #76-10 REGARDING FIREMEN' S PENSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLO/fBIA HEIGHTS, that ~EREAS, a bill for an act relating to the City of Columbia Heights fire department relief association; an establishment of paid division and volunteer division of the association and the administration of each division: benefits and contributions; membership of certain fire personnel in the public employees' police and fire fund has been pre- pared and attached hereto as Exhibit A, the reading of which is waived herein, and WHEREAS, the Volunteer Division of the Columbia Heights Fire Department has supported this said bill, and WHEREAS, the Paid Division of the Columbia Heights Fire Department has determined that this said bill affects them only in clarifying certain ambiguities in prior legislation, and WHEREAS, the said bill is agreeable to the City Council of the City of Columbia Heights, NOW, THEREFORE~ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLU~fBIA HEIGHTS, that 1. The City Council supports the passage into law by the Legislature of the bill attached hereto, and me That the }.~yor and City Manager be and herein are authorized to work with our local Senators and Representatives to the Legislature of the State of Minnesota and to urge said legislators to enact said bill into law. Passed this 23rd day of February, 1976 Offered by: Norberg Seconded by: Heintz Roll Call: All Ayes sed~-etai*y 7~ --/6 1 2 3 4 5 7 8 9 10 tl 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A bill for an act relating to the City of-Columbia Heights fire department relief association; an establishment of paid division and voluz~teer divisio~ of the association and the administration of each divi- sion: benefits and contributions; membership cf certain fire personnel in the public employees' police and fire fund. BE IT ENACTED BY THE LEG!SI~iTbqLE OF TtiE STATE OF >2A~SOTA: Section 1 · Not%,ithstanding the provisions of any general or special law to the contrary, all firemen and firewomen first employed by the city of Columbia Heights after January 1, 1975 shall be members of the public employees police and fire fund operated pursuant to >~nnesota Statutes, Sections 353.63 to 353.68. Such firemen or firewomen shall not be members of the Columbia Heights Fire Department Relief Association Paid Division o'r the Columbia Heights Fige Department Relief Association Volunteer Divi- sion as defined in this chapter nor shall they be subject to any law relat- ing thereto, Section 2 , State aid fund~ for fire relief associations received by the city 6f Columbia Heights pursuant t6 }Iirnnesota Statutes, chapter 69 may be transferred to the Colunnbia Heights Fire Department Relief Associa- tion Volunteer Division in accordance with the provisions of chapter 69 or retained in whole or in part by the city of Columbia Heights and allo- cated as a portion of the required employer's pension contribution for fire- men and firewomen who are members of the public.employees' police and fire fund. Section 3 . The fire department of the city of Columbia Heights shall continue to maintain the Columbia Heights Fire Department Relief Association Inc. under the la%~s of the state. The Columbia Heights Fire Department 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 Relief Association, also kno~n as the Columbia Heights Fireman's Relief Association, shall hereafter be called the Columbia Heights Fire Department Relief Association, shall have perpetual corporate existence and shall be maintained as set out in Sections 1 to 45 of this chapter, other appli- cable state laws, the Articles of Incorporation of the Columbia Heights Fire Department Relief Association, and the By-Laws thereof. J~y conflict between the provisions of this chapter and the provisions of "The Volunteer Firemen's Relief Association Act of 1971", Minnesota Statutes chapter 69 or 424, Minnesota Laws 1965, chapter 605, ~nnesota Laws 1975, chapter 424, the pro- visions of any other }~nnesota laws or statutes or the articles of incorpora- tion or by-laws of the Columbia Heights Fire Department Relief Association shall be resolved in favor of the provisions of Sections ! to 45 of this chap- ter as amended from time to time. Section 4. The Columbia Heights Fire Department Relief Association shall be, and hereby is, separated into two (2) divisions. One division shall b~ for the benefit of paid full time regular firemen who were or have been regularly entered onto the payroll of the fire department of the city of Columbia Heights, serving on active duty on or prior to December 3f, 1974, with a designated fire company or with an electrical or mechanical division of the fire department whose members were subject to like hazards, and firem~en who had charge of one or more companies of the Columbia Heights fire department engaged in the hazards of fire fighting. The aforementioned division shall be kno~ as the "Columbia Heights Fire Department Relief Association, Paid Division" hereinafter referred to in this chapter as "Paid Division". The other division shall be known as the "Columbia Heights Fire Department Relief Association, Volunteer Division" hereinafter re- ferred to in this chapter as the "Volunteer Division", which division shall include all volunteer firemen or firewomen hereinafter called "volun- teers'', of the city of Columbia Heights. Volunteer shall be persons who are not regularly entered on the full time payroll of the fire department of the city of Columbia Heights, but who regularly comply with such rules as may be prescribed by the Columbia Heights City Council or such rules as may be prescribed by the public safety director or fire chief of the city of Columbia Heights upon'delegation by the City Council to such 2 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 29 23 24 25 26 27 28 29 3O 31 32 33 34 35 public safety director or fire chief of the right to prescribe rules for service by volunteer firemen with the fire department of the City of Columbia Heights, and who by reason of their status as such volunteer fire-- men are engaged in the hazards of fire fighting. Women employed as paid or volunteer firemen shall be referred to in this chapter as "firem~en". Section 5 . This act shall not affect the Paid Division except as pro- vided herein. The Paid Division shall be governed by Minnesota laws in effect on the date this act becomes effective and such division shall be considered a separate relief association governed by the provisions of all special or general laws which govern the Columbia Heights Fireman's Relief Association or Columbia Heights Fire Department Relief Associatidn on the date this act becomes effective. Section 6 . Ail persons who are volunteer members of the Columbia Heights Fire Department Relief Association on the date this act becomes effective shall have the right to continue as members of the association and be entitled to all benefits pertaining thereto, and any member included under the defini- tion of firemen herein provided shall have the right to retain his or her membership on promotion or appointment to other positions to which such fire- men herein may be subject. Volunteers shall not be eligible to be members of the Paid Division during any period that such person is a volunteer and paid full-time regular firemen shall not be el%gible to be members of the Volunteer Division during the period that such person is a paid full-time regular firemen. Section 7 · Sections I to'%5' shall not affect any pensions or other bene- fits which have been allowed or which are being paid by the Columbia Heights Fire Department Relief Association under or in accordance ~th any prior law in effect on the date this act becomes effective. Pa)nnent of such pensions and benefits shall be continued by the associatlon, subject only to the pro- visions of this chapter. ~en every member of {~e Volunteer Division is de- ceased, the funds of such division shall become a trust fund managed for the benefit of the recipients of such funds. 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 those who are volunteer members at the time of such abolition shall be paid into the Paid Division's special fund. In the event 1 2 3 5 6 7 8 9 10 1! 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 the Paid Division is terminated by attrition or any other reason, any surplus remaining in the account of the special fund of the Paid Division after dis- charging all obligations created hereunder or created by other applicable general or special laws of this state, shall be paid into the general treasury of the City of Columbia Heights. Upon the effective date of this act, the funds of the Columbia Heights Fire Department Relief Association may be allo- cated by three-fifths vote of the City Council to the respective accounts of the special funds of each division of the relief association for the benefit of the paid firemen and volunteer firemen. Section 8. 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 Coi-ounbia Heights City Co,uncit. The city manager, city clerk, city treasurer, city finance director, chief of the fire department of the City of Columbia Heights, and the public safety direc- tor of the City of Columbia Heights shall be ex-officio members of the Board of Trustees° The ex--officio members shall not vote, nor shall they ~gulate 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 and shall have full power and authority to carry out the objects and purposes of the Volunteer Division as set forth in Sections 3 to 45 in this chapter. The Board of Trustees of the division may in its discretion appoint one or more corporate or individual agents or agencies which shall, if appointed, administer the division's special fund and shall invest and reinvest the assets of such fund in a manner consistent with the fiduciary requirements of this chapter, the laws of the state of M~nnesota, and of the United States of J~rica as such laws may apply to the Columbia Heights Fire Department Relief Association Volunteer Division. In the event the Board of Trustees itself elects to administer the division's special fund, or to invest or reinvest the assets of such fund, it shall conduct itself'in the fiduciary mmnner described herein. The city clerk, city treasurer and city finance director, or any of them 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. Nothing herein shall be construed 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 to mean that the Board of Trustees of either division is required to appoint the city clerk, city treasurer, or city finance director as investment agents or to continue such appointment after such appointment has been m~de. The Board of Trustees of the Volunteer Division shall investigate and act upon all applications for disability and service pensions and all other cla~s for relief by members of the division. 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 9. The P~yor 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 such Board of Trustees. He shall siga such certificates and notices as may need his '~ ~ signature for authentication and shall have general supervision over the Volunteer Division and its affairs. The president shall direct the Columbia tleights city manager to call all special meetings of the Volunteer Division, specifying the purpose for which the meeting is called. He shall perform such other duties as may be assigned to him by the Board of Trustees of the division~ The president shall receive the bond of the city treasurer, city clerk or city finance director as the case may be, after they have been approved by the Board of Trustees and re- cor~ed_ in the books of the division by the city clerk and shall d~p~ ~o~ ........ ~ bond for safekeeping in a suitable place approved by the Board of Trustees. Section 10. It shall be t~e duty of the Columbia Heights city manager to keep a correct record of the proceedings of the Volunteer Division Board of Trustees, sign all orders to the treasury of such division authorized by the division's Board of Trustees, read all documents and general correspondence received by the division pertaining to the principals and policies of the division and to keep the same on file for future reference. He shall bring to the attention of the membership of the division or to its Eoard of Trustees matters pertaining respectively to them. He shall give notice to the membership of all meetings of the division as required in this chapter. The city manager shall sign with the president all minutes of the meetings of the Volunteer Division and its Board of Trustees. He shall keep a list, al- phabetically arranged, of the members of the division and shall issue by direc- tion of the president of the division's Board of Trustees all notices of the call of special meetings of the division and of its Board of Trustees. 1 2 3 4 5 6 7 8 9 10 1t 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 3B ~4 35 Section tt. The Volunteer Division Board of Trustees shall appoint either the Columbia Heights city treasurer or Columbia Heights city finance director to serve as treasurer of the Volunteer Division. It shall be the duty of the city treasurer or finance director to keep a ledger of all pledges~ assessments, and other incomes of the Volunteer Division. He shall report at the regular meeting of its Board of Trustees giving the total income, total expenditure, and shall divide th& income and ~xpenditures between the various classifications. He shall give a written report of the total income and expenditures at each annual meeting and shall keep a member- ship ledger showing a correct record cf each member's financial standing with the di- vision and shall perform such other duties that shall devolve upon him by law. The city treasurer or finance director shall submit his books annually for examination and audit as prescribed by ~he Board of Trustees of the Volunteer Division. The city treasurer or finance director shall not enter upon his duties set out in this chapter until he has given the Columbia Heights Fire Departnent Relief Association a good and sufficient bond in an amount set by the Volunteer Division Board of Trustees for the faithful discharge of his duties according to law. Such bond shall continue in amounts as the Volunteer Division Board of Trustees from time to time may dete~mine. The Volunteer Division is hereby authorized to pay the premiums on such bonds from its special fund. The city treasuer or finance director shall receive and keep all monies belonging to the Volunteer Division Special Fund from whatever source ~ is derived, 'shall promptly enter in a book provided for that purpose an account of all monies received and disbursed by him as treasurer showing the source and objects thereof with the date of each transaction. He shall pay out money only upon checks signed by h~msetf and counter-signed by the president of the Volunteer Division, the city manager or a member of the Volunteer Division Board of Examiners. He shall retain such checks when paid and cancelled as his vouchers. Such accounts and vouchers shall be exhibited to the Board of Trustees and Board of Examiners upon request. 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 such City for the benefit of the special fund of the Division and the interest from the investment thereof. He shall also collect from the State of Minnesota all funds derived from levies imposed and collected by the State for the benefit of the Volunteer Division on fire insurance premiums 1 2 3 5 6 7 8 9 10 tl 12 13 14 15 16 17 18 19 2O 21 22 23 25 26 27 28~ 29 3O 31 32 33 34 35 collected within the corporate limit of the City of Co!ui~ia Heights and any in- terest from the investment thereof, tie shall further receive and collect all funds derived from privath sources such as gifts, charges, rents, entertainment, and monies paid from all other sources for the benefit of the Volunteer Division. Ail monies coming into the control of the city treasurer or finance director from various sources for the benefit of the Volunteer Division Special Fund shall be transmitted to the division's Board of Trustees for investment. The city treasurer or finance director shall keep a regular set of books of account for the division containing a complete record'of all the receipts and disbursements which shall pass through his hands as treasurer of the division and shall set up a special account for each member of the division and shall re- cord therein all disability and service pensions paid to each member of the di- vision out of the Volunteer Division Special Fund. Section 12. The Volunteer Division shall establish a Board of E×~-iners which shall, as and when requested by the Volunteer Division's Board of Trustees, make a thorough investigation of and report on all applications for membership in the division; investigate and make report on all applications for disability pensions by members of the division and make reconnnendations as to the amounts to be paid to each applicant; investigate and make reports on all disability pen- sioners within the division and make recommendations as to the amount of pension to be paid to them, from year to year; and investigate and report on all appli- cations for service pensions by members of the Volunteer Division and c!a~ms for relief by members of the division. The Board of Examiners shall consist of a com- petent physician selected by the Volunteer Division, and at least three (3) members of the Volunteer Division. The physician shall not have any vote in matters coming before the Board of Examiners, the Board of Trustees or the members of the divi- sion. Members of the Board of Examiners of the Volunteer Division shall be elected at the annual meeting of the division by the division's members and shall serve until the next annual meeting unless removed as a member of the Board of Examiners for cause by a vote of at least four-fifths (4/5) of the members of the division. Cumulative voting and voting by proxy at any annual or special meeting shall not be per-mitred. >fembers of the Board of Examiners shall be elected by a majority of the members voting at the annual meeting. Section 13. The Volunteer Division may adopt by-laws not in conflict ~ith this chapter. The Board_.of Examiners shall be the representative of the Volunteer 7 1 2 3 4 5 6 7 8 9 10 1t 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 Division membership at any meeting with the Volunteer Division Board of Trustees. ~fembers of the Board of Examiners shall act as advisors to the Volun- teer Division Board of Trustees and shall not have a vote in any matters coming before the Board of Trustees~ Section 14. The annual meeting of the Volunteer Division shall be held on the second ~onday of January in each year unless the division adopts by-!a~s setting a different date~ Section 15. The Board of Trustees, of the Volunteer Division shall meet in the Columbia Heights City Council chambers regularly on the date of the first regular Columbia Heights City Council meeting of each month. Section 16. 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 %~ritten re- quest of any member of the Board~ of Examiners of such division, upon v~ritten request of at least thirty percent (30%) of the members of such division or upon %~ritten re- q,uest of the president of the Board of Trustees, Such 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 forty-eight (48) hours' written notice of the special meeting. Such 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. Postal Service to the last knov?n address of each active and retired Volunteer Division mem- ber and to each member of the Volunteer Division Board of Trustees including ex offi- cio 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 ~iinnesota state holidays. A special meeting bet~aen the Board of Trustees 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 such %~ritten request of such meeting including the agenda for the meeting and the time and date of the meeting. A special meeting of the Volunteer Division membership shall be called no later 1 2 3 4 5 6 7 8 9 10 tl 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 35 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. ~feetings of the Volunteer Division membership shall be held at the place designated in the written request for such meeting but in any case shall be held either at the Columbia Heights fire department or at the Columbia Heights City Council chambers. Section 17 . The Board of Examiners shall meet regularly on the fourth Monday of each month. Such ~eetings shall be held at the City of Columbia Heights fire department unless the Volunteer Division by-laws are adopted setting a dif- ferent time or place for such meetings. Section 18 · Every volunteer as defined in Section 4 shall be eligible to apply for membership in the Volunteer Division within the time and in the manner hereinafter set forth. Any such volunteer desiring to become a member shall not later than ninety (90) days from the date the status of such volunteer is first acquired by that person, make written application to the Volunteer Division Board of Examiners at a regular or special meeting of the Board for membership in the Volunteer Division on forms supplied by the Columbia Heights city manager. The application shall be accompanied by one or more physician's reports stating the condition of the health o~ the applicant. After the application has been filed, the Board of Examiners of the Volunteer Division shall make a thorough investiga- tion thereof and m~ke its written report available to the members of the division and to the Board of Trustees for inspection. Copies of the report of the Board of Examiners shall be delivered to the city manager and Board of Trustees within five (5) days after completion of the report. The application must be acted upon by the Volunteer Division Board of Examiners no sooner than sixty-five (65) days and no later than one hundred twenty-five (125) days from the date the report of the Board of Examiners is delivered to the city manager and Board of Trustees. An applicant shall become a member of the Volunteer Division only upon approval by af- firmative vote of no less than sixty percent (60%) of the members of the Board of Examiners. The decision of the Board of Examiners shall be final. Such vote shall be held at a regular menthty meeting of such Board of Examiners. No volunteer who is more than thirty-five (35) years of age when his or her application is filed shall be eligible to become a member of the Volunteer Division. The age limita- tion of thirty-five (35) years shall not apply in an application for reinstatement £ 2 5 6 ? 8 9 10 11 12 13 15 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 3~ 35 7 to th~ Vo!u~tee~ Division. Section 19. The Volunteer Division shall have the right to exclude all applicants for membership %~ho are not physically and mentally sound so as to pre- vent unwarranted risks for the Volunteer Division. Additional requirements for membership in the Volunteer Division may from time to t~e be prescribed in the by-laws of the division. Section 20. The Volunteer Division Board of Trustees shall have full and permanent charge of and responsibility for the proper management and control of all funds that may come into the possession of ~e division, and particularly funds derived from the following sources: (1) funds derived from the State of Minnesota and interest from the investment thereof; (2)funds derived from the tax levies By the City of Columbia Heights and interest from the investment thereof; and (3) funds derived from private sources such as gifts, charges, rents~ entertains, ants and from other sources. Section 21 . The special fund for the Benefit of members of the Columbia Heights Fire Department Relief Association who are volunteer firemen shall be con- tinued and shall be designated the Col~umbia Heights Fire Department Relief Associa- tion Volunteer Division Special Fund and the special fund for the benefit of the members of the Columbia Heights Fire Department Relief Association who are paid full time regular firemen shall continue and shall be designated the Columbia Heights Fire Department Relief Association Paid Division Special Fund. The funds received by either division of the Co!~nbia Heights Fire Department Relief Associa- tion from dues, fines, initiation fees~ and entertairunents shall be kept in a fund called the general fund and may be disbursed upon a majority vote of all members of the Association for any purposes authorized by the articles of incorporation and by-la~s of both divisions of the association. All monies received by the asso- ciation which are derived from payroll deductions from Paid Division members' sala- ries shall be paid into the account of the Paid Division Special Fund for the bene- fit of the paid full time regular firemen only. Funds received from other sources shall be allocated be~een the Paid Division Special Fund and the Volunteer Divi- sion Special Fund in such proportions as shall Be designated from time to time by three-fifths (3/5) vote of the Columbia Heights City Council. Section 2% No disbursement from the Volunteer Division Special Fund shall 1 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 be made except by checks dra~ by the city treasurer or finance director and gounter-signed by the president of the Board of Trustees, city manager or a mem- ber of thc Board of Examiners of the Volunteer Division. No chect% shall be is- sued by the division until the claim to which it relates has been approved by a majority of the Board of Trustees except when issued for salaries, pensions, and other fixed charges, the exact amount of which has been previously determined by law or by a majority vote of the Board of Trustees of the division. Ail payments shall be ~mde at the end of the month for the current month, except for death bene- fits, which may be paid at any regular or special meeting. Section 23. Subd. 1. All amounts so paid to the Volunteer Division by the State of Minnesota and the City of Columbia Heights under the provisions in Sections 1 to 45 , and all monies or property donated, given, granted or devised for the benefit of the Volunteer Division Special Fund when received shall be kept in a special fund by the division on thg books of the city treasurer Or f~nance director and city manager and never disbursed for any purposes except the following: (1) For the relief of the sict~, injured, and disabled members of the division, their widows or widowers and orphans; (2) For the pa)~ment of disability and service pensions to mem- bers of the division and their widows, widowers, and orphans; (3) For the pa)~m~ent of the fees, dues and assessments in the Minnesota State Fire Department Association and in the Volunteer Firemmn's Benefit Association of Minnesota so as to entitle the members to membership in and benefits of such state association; (4) For the pa)nnent of death or funeral benefits of the members; and (5) For the payment of necessary expenses of administering such fund. Subd. 2. The special fund assets of the Volunfeer Division shall be invested in securities which are proper investments for funds of the Minnesota State Retire- ment system, except that up to five percent (5%) of these special fund assets, or a minimum of ten thousand dollars ($!0,000.00) may be invested in the stock of any one corporation. Securities held by the Columbia Heights Fire Department Relief Association before January 1, 1972, which do not meet the requirements of this sec- tion, may be retained after that date if they were proper investments for the Asso- ciation on May 14, t971~ The Volunteer Division Board of Trustees may select and 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 29 30 31 32 appoint investment agencies as provided in Section 8 to act for and in the be- half of the division or may certify funds for investment under the pro.~isions of ~£innesota Statute section 11.21, as amended from time to time, provided that there be no limit to the amount which may be invested in the income share account des- cribed in section 11.18, subdivision 2, as amended from time to time, or in the fixed-return account described in section 11.18, subdivision 3a, as amended from time to time, and that up to ~zenty percent (20%) of that portion of the assets of the division invested in the ~Iinnesota Supplemental Retirement Fund .may be invested in the growth share account described in section 11.18, subdivision 3, as amended from time to time. The special fund assets of The Volunteer Division is further authorized and empowered to be invested in such income-paying properties and securities as the Columbia Heights City Council shall from time to time authorize. Section 24 The Volunteer Division, the City of Columbia Heights, and the officers of each, are authorized to do all things required by this chapter and "The Volunteer Fire_men's Relief Association Guidelines Act of i971" as a condi- tion for the use of p~btic funds or the !e~ of taxes for the support of the Volun- teer Division. Section 25 . Subd. 1. Ail applications for benefits for members of the Volunteer Division, their widows, widowers or children shall be made in ~,~iting on foz-ns supplied by the Columbia Heights city manager. Subd. 2. All applications for benefits hereunder by or for the benefit of members of the Volunteer Division shall be referred to the Volunteer Division Board of Trustees for disposition. No benefits or pensions shall be paid until the application therefor has been approved by the majority vote of such Board of Trustees. Decisions of the Board shall be final as to the pas~ent of such bene- fits or pensions. Ail pensions to volunteers, their widow or widowers pursuant to the provisions of Sections 3 to 45 of this chapter shall be uniform except as may be specifically provided for therein. No person receiving a pension shall be paid any other benefits by either division of the Association. Subd. 3. Notice of any sicl~ness or injury resulting from the discharge of a Volunteer Division member's duties as a volunteer fireman for the Columbia Heights Fire Department causing or which may cause disability shall be made 12 1 2 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 25 26 27 28 29 31 $4 by or in behalf of the applicant in writing to the city Manager or Co!,uz~bia Heights fire chief ~ithin thirty (30) days after such injury or after such sickness comz~ences. No disability benefits shall be paid for any periods prior to thirty (30) days before the application is mmde. Section 26 . Subd. !. ;ny Volunteer Division member ~o was a member of the. Columbia Heights Fire Department Relief Association prior to January !, 1965 shall be entitled to disability benefits as provided in this section. Any such member %~ho by reason ef sickness or injury resulting from the discharge of that member's duty as a volunteer fireman for the Columbia Heights fire de- partment shall receive disability compensation at the rate of $30.00 per week for the first four (4) weet~s of disability and $25.00 per week thereafter for the next successive twelve (12) weeks. Said compensation shall be limited to the aforesaid for a~y one injury or sickness. Provided, however, that the Board of Trustees may provide that the said benefits be extended at the rate of $25.00 per v~eek for an additional amount of time if it determines that the disability from sickness or injury continues. Subd. 2. Upon the death of any volunteer fire~man who was a member of the Columbia Heights Fire Department Relief Association prior to January !, 1965, either active or retired and in good standing at the time of such mem- ber's death, ~'~. Volunteer Division shall oav~ . to~ such member's estate or legal heirs the sum of $500.00 as reLmbursenent of funeral expenses. Subd. 3. Any volunteer fireman who was a member of the Columbia Heights Fire Department Relief Association prior to January t, 1965, who has reached the age of fifty (50) years, and who has sez~-ed as a volunteer fireman for the Columbia Heights fire department for ~enty (20) years or more and ~ho has been a member of this association for ten (10) years, shall be entitled to a monthly service pay of forty dollars ($40.00) per month for the first twenty (20) years of service before retiring, which said monthly pension shall be increased by adding to such monthly pa)nnents, two dollars ($2.00) per month for each year of service over twenty (20) years of service, before retirement, up to a ma~ximum pension of sixty dollars ($60.00) per month. Subd. 4. (a) Any fireman who was a member of the Columbia Heights Fire Department Relief Association prior to January 1, 1965 and who received an honorable discharge from the fire department of the City ~ay be continued on the~roll call as an honorary exempt member of the association, so long as 13 2 3 4 5 6 7 8 9 , 10 1! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 he may continue to be a resident of the United States. To entitle any mem- ber to become an honorary member as aforesaid, the following requisites must be complied with, to-wit: The applicant must have served at least fifteen (15) years as an active volunteer member of the fire department. Application therefor must be made to the Board of Trustees within sixty (60) days subse- quent to an honorable discharge from his company. (b) Honorary me~.~:bership dues, if any, shall have been paid or must be paid upon demand, to the Volunteer Division, through the city manager on or before the 31st day of December of each year. ~11 honorary members of the Volunteer Division are otherwise subject in the same manner as active members to the articles of incorporation of the association and by-laws of the Volunteer Division. Section 27. Subd. !. J~y volunteer fireman who has reached the age of fifty (50) years and who has serx~ed as a volunteer fireman ~ith the Columbia' Heights fire department for t~enty (20) years or more and who has been a member of the Colum- bia Heights Fire Department Relief Association for ten (10) years and has become a member of the association on or between the dates of January i, 1965 and the date this act becomes effective, or becomes a member of the Columbia'Heights Fire Department Relief Association Volunteer Division after the date this act becomes effective, shall be eligible to receive a service pension at the time of such member's retirement which service pension shall be paid in a lump sum, in an amount equal to one hundred do!!ars~($100.00) for each year of service as an active volunteer fire~u. Subd. 2. Any volunteer who has become a member of the Columbia Heights Fire Department Relief Association on or between the dates of January 1, 1965 and the date this act becomes effective, or who becomes a member of the Columbia Heights Fire Department Relief Association Volunteer Division after the date this act becomes effective and who qualifies for a disability by.-reason of having become so physically disabled by reason of sickness or injury resulting from the discharge of that member's duties as a volunteer fireman of the Columbia Heights fire department shall receive a disability pension which shall be paid in a lump sum in an amount equal to one hun- dred dollars ($!00.00) per year of service as a volunteer fireman for the City of Columbia Heights. In the event the member has received a lump sum disability pay- ment and thDreafter returns to work as a volunteer fireman for the City of Columbia Heights fire department, the period of service of that member served prior to such 14 ! 2 4 5 6 7 8 10 11 12 13 15 16 17 18 19 2O 21 22 24 25 26 27 28 29 3O 31 32 33 34 35 disability shall not be counted in computing any amount to be received by such 0er in the event the member becomes eligible for an additional disability pension or for a service pension, or in the event the member's widow, widower~ or minor children become eligible for a death benefit. SUbd. 3~ A widow or ~idower or minor children of any voi~nteer ~ho has be- come a member of the Columbia Heights Fire Department Relief Association on or between the dates of January 1, 1965 and the date this act becomes effective, or ~ho becomes a member of the Columbia Heights Fire Department Relief Association Volunteer Divi- sion after the date this act becomes effective and ~o dies by reason of sict~ness or injury resulting from the discharge of that member's duty as a volunteer fireman for the Columbia Heights fire department shall be paid an amount equal to one hundred dollars ($i00.00) per year of service. No other pension or benefits shall be pa~- able to such member, if, however, the services of all volunteer firemen are dis- 6ontinued and the Volunteer Division of the fire department is abolished by the City of Columbia Heights, the volunteer firemen ~ho are members of the Volunteer Divi- sion at the time of such discontinuance and abo!is?~ent shall ie paid a sera'ice pension, in a !ump sum, in an amount equal to one hundred dollars ($!00.00) per year of service rendered prior to such discontinuance and abolishment. Section 28. Ail applications for pensions by any member of the Volunteer Division shall be submitted to the Volunteer Division Board of Trustees at a regu- lar or special meeting of the Board. Applications s~all be verified by an oath of the applicant and shall state the following: (a) The age of the applicant; (b) The period of service in and the date of retirement from the fire department of the City of Columbia Heights, Minnesota; (c) The length of time the applicant has been a member of this associa- tion; and (d) Such other and further information as the Board of Trustees m~y require. Section 29. Any applicant for a service or disability pension by a member of the Paid Division or Volunteer Division ~ho subsequent to the applicant's entry into the service of the fire department of the City of Columbia Heights had left the active service of such'fire department to serve in the m~litary forces of the United States in any war or national e~ergency, or during such war or emergency had left the active service of such fire department to enter the employment of the government of the United States and in such service rendered fire prevention services during such 15 1 2 3 4 5 6 7 8 9 10 1! 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 ~5 war or emergency and had returned after an honorable discharge from such service, and, within six (6) months after such discharge, either had applied for reinstateme~zt or had resumed active duty in said fire department, shall be entitled to apply such period of absence as a period of active service in the Paid Division or Volunteer Division in computing pension benefitsc During such period of military or fire prevention service for the goverr~r~ent of the United States, however, the fireman shall not be considered as an active member of the Columbia Heights Fire Department Relief Association. Section 30. The minimunn obligation of the City of Columbia Heights to the Columbia Heights Fire Department Relief Association shall be determined and provided by the applicable provisions of Minnesota Statutes chapter 69 as amended from time to time, except that the normal cost of the Paid Division Special Fund shall be computed as a percentage of the salary paid only to members of the Paid Division. Section 31. Co~encing in the year 1982, in addition to the minimum obligation required by Minnesota Statutes Chapter 69, as amended from time to time, the City of Columbia Heights shall provide additional financing to the Columbia Heights Fire Department Relief Association sufficient to amortize by the year 2012 the fund deficits as determined in accordance with the appli- cable provisions of Minnesota Statutes chapter 69. For the purpose of provid- ing the financial requirements of this act, the City may le~~ taxes for the pay- ment thereof without limitation as to rate or amount, notwithstanding any City Charter limitation or any law to the contrary. The levy of such taxes shall not cause the amount of other tax levies of~the City to be reduced in any amount. The City shall provide in its annual budget for the financial requirements of this act. Section 32. Except as provided by this chapter, by specific enactment of the Legislature or by charter amendment to the Charter of the City of Colum- bia Heights, no relief association shall be established in the City of Columbia Heights to provide benefits for firemen. No person who is a member of the Columbia Heights Fire Depa~rtment Relief Association Paid Division as defined in this act shall be a member of the Public Employees Retirement Association of the State of Minnesota. Provided, however, a volunteer firem~n who is a full time employee of some other department or agency of the City of Columbia Heights, the State of Minnesota, or of some other political subdivision of the state, may be a member of the Public Employees Retirement Association. 16 1 2 3 5 7 8 9 10 1t 12 13 14 15 16 17 18 19 2O 21 22 23 25 26 27 28 29 3O 31 32 33 34 35 Section 33. Ail pa>=:ants made or to be mmda by either division of the relief association under any of the provisions of Sections 3 to 45 shall be tally exempt from garnisbmnent, execution or other legal process, and no person entitled to such pa>went shall have the right to assign the same, nor shall either division of the association have the authority to recognize any assigz~m~ent, or to pay any sum on account thereof; and any attempt to transfer any such right or claim or any part thereof, shall be void. Section 34. Sections 1 to 45 shall not be construed as abridging, re- pealing or amending the laws of this state relating to the provisions of the law commonly kno~.m as the "Worker's Compensation Act". Pas~ents made pursuant to the provisions of Sections 1 to 45 s..a!z be czmulative to any payments made pursuant to the Worker's Compensation Act. Section 35. The City of Colun~ia Heights shall not reduce benefits provided in this Act to volunteer firemen unless a majority of the active and retired volunteer members of the fire department who are eligible to receive such benefits request'such reduction in writing to the Columbia tteights City Council. The benefits provided in this act to volunteer firemen may be in- creased by the Columbia Heights Fire Department Relief Association Volunteer Division only with the consent, approval and ratification.by written resolu- tion of the Columbia Heights City Council with four-fifths (4/5) of the said council consenting, approving and ratifying such increase. Section 36. Nothwithstanding any other law to the contrary and except as provided in this chapter in section 35, the provisions of any future or general legislative act of the State of >~nnasota or action of any nature by the City of Columbia Heights which increases benefits paid to any relief asso- ciation shall not be effective to increase the benefits paid to any member of the Co!,umbia Heights Fire Department Relief Association Volunteer Division un- less the act,. law or resolution provides for funding so that any such increase in benefits shall not create a deficit in the Volunteer Division Special Fund, the amortization of which, together with the amortization of any existing deficit exceeds t-wenty (20)years fromthe date such increase inbenefitsisauthorized. The Columbia Heights City Council is hereby authorized to provide for any increase in benefits paid to members of the Paid Division or to members of the Volunteer Division without further special or general legislation by the state, provided such action by the City Council complies with the provisions of this 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 chapter. Provided, further, that the City Council shall not provide for any increase in the benefits paid to members of the Paid Division or for any increase in the benefits paid to the members of the Volunteer Division unless the City Council shall first have obtained and given consideration to an actuarial survey, which survey shall use the actuarial assumptions provided in Minnesota Statutes chapter 69, as a~.ended from time to time. The City Council shall make %zritten findings stating that based upon such actuarial survey, s~ch increase in benefits to mem- bers of the Paid Division or to members of the Volunteer Division ~nd such in- crease in funding of the applicable special fund, if necessary, sh%!i not create a deficit in the Paid Division special fund or in the Volunteer Division special fund, as th& case may be, the amortization of which, together with the amortiza- tion of any existing deficit in the applicable fund, e~:ceeds twenty (20) years from the date such'increase in benefits is authorized. ° It shall be unlawful for the City of Columbia Heights to contribute any public funds, or to !exQ- taxes for any such increase in benefits paid to members of the Paid Division or to me~bers of the Volunteer Division, as the case may be, unless the City Council has first complied with the provisions of sections 35 and 36. Section 37. Subd. 1. The city manager and the city treasurer or city finance director jointly shall, for the Volunteer Division, prior to the first day of Febru- ary in each year, prepare and sign with the approval.of the Volunteer Division Board of Trustees, a detailed and itemized financial report of all receipts, expenditures, and balances in the Volunteer Division Special Fund and in the general fund of the association for the preceding calendar year ending December 31, showing the source of such receipts and to whom and for %zhat purpose money has been paid and expended and any other information the state commissioner of insurance may require. They shall file on or before June 30 of such year one (!) copy thereof with the Co!ua~ia Heights city clerk, one (!) copy x~ith the state comn~issioner of finance and two (2) copies with the state ccmmissioner of insurance. The commissioner of insurance shall forward one (!) copy to the Anoka County auditor. Ail copies shall be duplicate original copies. No State aid or tax monies shall be paid to the Volunteer Di- vision by either the State of Mimnesota or the City of Columbia Heights until the report of the Volunteer Division is filed with the Columbia Heights city clerk. ~The financial report shall be certified by an independent public account- 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 29 30 3i 32 33 34 35 ant who shall give his opinion as to the condition of the funds and comment upon any exception to the report, or in lieu thereof, file with the commissioner of insurance an audit report prepared by the state auditor. The Volunteer Divi- sion shall not qualify to receive future aid until the report is filed with the co~'nissioner of insurance and the requirements of ~finnesota Statutes chapter 69 not in conflict with this chapter have been complied with~ Subd. 2. The detailed financial report of the Volunteer Division and City of Columbia Heights financial reports for fire protection may be examined by the commissioner of insurance~ and %~hen he finds that it appears the money, or any part thereof~ paid under the provisions of this chapter or paid under the provi- sions of 1.finnesota Statutes chapter 69 not in conflict %~ith this chapter, has been, or is being, expended for an unauthorized purpose, he shall notify the state auditor of this fact. The state auditor may examine these financial re- ports and records of the Volunteer Division and municipality, and %zhen he finds the money, or any part thereof, obtained under the provisions of this chapter, or under the provisions of chapter 69 not in conflict with the provisions of this chapter~ has been, or is being, expended for an unauthorized purpose he shall order the funds restored and take whatever steps he deems necessary to assure restoration. No furthe~ aid shall be paid to the municipality for the benefit of the Volunteer Division until the funds are restored. The Coium- bia Heights Fire Department Relief Association Volunteer Division shall be liable to the State for the total cost and expenses of such examination. Section 38. >~nnesota Statutes chapter 69.021, subdivisions 1, 2, 3, 4, 5, 6~ 8 and 9, as amended from time to time shall specifically apply to the City of Columbia Heights and to the Columbia Heights Fire Department Relief Association. Section 39. Subd.~i. Minnesota Statutes chapter 69.021, subdivision 7 (!) which reads as follows, as amended from time to t~e, shall specifically apply to the City of Columbia Heights and to the Columbia t!eights Fire Department F~tief Association: "Apportion~oent of aid to municipalities and firemen~s relief associations by county auditor. (1) The county auditor shall apportion the state aid received by him relative to the premiums reported on the ~innesota Fireto~ Premium ~eports filed pursuant to this chapter to each municipality and/or firemen's relief asso- ciation certified to him by the commissioner in the same manner that state aid is apportioned to the counties, one half in proportion to the population and one half in proportion to the assessed property valuation of the fire tcv~s in the county for 19 1 2 3 4 5 ~6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 34 35 which aid is proportioned. The county auditor shall apportion the a~ount of aid to each municipality and/or firemen's relief association in an amount not lass than 100 percent nor more than 150 percent of the average state aid calculated for appor- tionment to the municipality and/or firemen's relief association. Provided that if the amount of aid so calculated is either greater or less than the amount of aid available as calculated in subdivision 5 each municipality's and/or firemen's relief association's proportionate share of the state aid shall be reduced or increased on a percentage basis so that the amount of aid apportioned shall not exceed the amount of tax collected. No municipality or firemen's relief associa- tion shall receive less than provided for under this subdivision. "In the case of municipalities or independent fire departments,qualifying for the aid the county auditor shall calculate the state aid for the municipality or relief association on the basis of the population and the property valuation of the area furnished fire protection service by the fire department as evidenced by duly executed and valid fire service agreements filed with him, If one or more fire departments are.~uz~ishing contracted fire service to a city, tov~n~ or to~- ship only the population and valuation of the area served by each fire department shall be considered in calculating the state aid and the fire departments furnish- ing service shall enter into an agreement apportioning among themselves the per- cent of the population and the assessed property valuation of each se~qica area. Agreement shall be in ~iting and filed with the commissioner in duplicate. The commissioner shall forward one copy of the agreement to the county auditor of the county wherein the fire department is located and retain one copy. "The county auditor and commissioner are hereby empowered to make rules and regulations to permit the administration of the provisions of this section." Subd. 2. The Columbia Heights city clerk, when the state aid and tax calculated received by him, shall within five (5) days transmit the pa>nnents referred to in sections 38 and 39 to the city treasurer or city finance director who shall within twenty-five (25) days of receipt by him pay over the portion of it attri- buted to premiums reported on the Minnesota Fireto%~ Premium Report to the Board of Trustees of each division of the Columbia Heights Fire Department Relief Asso- ciation as such amount of state aid and tax is apportioned to each such division from tine to time by three-fifths (3/5) vote of the Columbia Heights City Council. In the event one division has not filed a financial report with the Columbia Heights city clerk or has not met all tke other statutory provisions pertaining to aid 2O 1 2 3 4 5 6 7 8 9 i0 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 apportionment, the entire amount of aid paid to the Co!un,bis Heights city clerk shall Be transmitted to the Board of Trustees of the division v~hich has filed such report and ~hich has met such statuto~f provisions. Section 40. For the r. urpose of computation of ser~.ice requirements in the connection vgith pa>~ent of any pensions or other benefits provided by sections 3 to 45, service of volunteer firem~zn who ~.zere members of the Columbia Eezohts Fire Depart- ment Felief Association prior to January 1, t965 and service of all paid firemen of the fire department shall be rattan into account on tile same basis as though this act was in existence during all the time such service ~.~as rendered. Section 41. Subd. 1~ %~en the balance in the special fund of either division of the relief association is lass than $25,000 as determined by the division's Board of Trustees, %zhich fact shall be duly certified to by the state auditor, such Board of Trustees may thereupon file its duly verified petition for re!ief, accompanied by such certificate, with the conmzissioner of insurance. The commissioner of insurance shall thereupon order and direct a surcharge to be collected of two percent of the fire, lightning, and sprinkler !eal~ge gross premiums, less return premi~s, on all direct business received by an~ foreign or domestic fire insurance company on property in the City of Columbia Heights, or by its agents for it, in cash or other- wise, until the balance in the special fund of such division amounts to $25,000 and for a period of fifteen (15) days thereafter. As soon as the balance in said special fund amounts to $25,000 the Board of Trustees of such division of the relief association shall certify that fact ~o the commissioner of insurance and the co~issioner of insurance shall forthwith issue his order ordering and directing that the collection of such surcharge shall be discontinued after the expiration of said fifteen (15) day period and shall forth~ith ~mail a copy of the order last ~nentioned to each insurance compan~ affected thereby. Said surcharge shall be due and payable from such companies to the state treasurer in semiannual installments on June 30 and December 51 of each calendar year to be t~ept by the state treasurer in a separate fund and if not paid %zithin thirty (30) days after such dates a penalty of three percent shall accrue thereon. Thereafter such sum and penalty shall draw interest at the rate of one percent par month until paid. Subd. 2. The Minnesota state commissioner of finance semi-annually shall 2t 1 2 3 4 5 7 8 10 1t 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 issue and deliver to the city clerk his v~arrant upon the state treasurer for an amount equal to the total amount of said surcharge provided in section 41 herein on said premiums within the City heretofore so collected and transmitted to the state treasurer by such insurance companiea. Said warrant shall be paid out of said separate fund hereinbefore provided for, and the payment in each case shall be .made to the city clerk presenting the warrant who shall, within five (5) days transmit the pasnnent to the Co!u~bia Heights city treasurer or finance director for the benefit of the Volunteer Division or to the treasurer of the Paid Division as the case may be. There is hereby appropriated to the Columbia Heights Fire Department Re- lief Association Volunteer Division and to the Columbia Heights Fire Department Relief Association Paid Division, from such funds or accounts in the state treas- ury to which the money was accredited, such sums as may, from time to time, be necessary to pay these warrants. Subd. 3. The city treasurer or city finance director or the treasurer of the Paid Division shall place the money received by the payment of such warrants in the special fund of the Volunteer Division or Paid Division as the case may be. Section 42. An emergency exists and this chapter shall be construed as a relief measure for the Columbia Heights Fire Department Relief Association. Section 43. As soon as practicable, after the first day of June and first day of November, in each year, the treasurer of Anoka County shall pay to the Columbia Heights city clerk, %7ho shall within five (5) days transmit the payment to the city treasurer or city finance director who shall within t~enty- five (25) days of receipt by him transmit the payment to the Board of Trustees of each division as such~ amount of pa~-ment is apportioned to each such division from time to time by three-fifths (3/5) vote of the Columbia Heights City Council the state aid collected pursuant to Minnesota Statutes chapter 69, this chapter and other applicable laws, and payable to each division together with all in- terest and penalties so collected, and all interest paid thereon bet~een the time of collection and the time of payment to each such division. The city treas- urer or city finance director, in the event the tax or any part thereof is paid to him, shall transfer the amounts of tax to the Board of Trustees of each divi- sion in the same manner as provided in this section as soon as the same has been collected, together with all interest and penalties collected thereon. 22 1 2 3 4 5 6 7 8 9 10 tl 12 13 Section 44. The state auditor of this State shall, each year, examine the boo]ss and accounts of the Paid Division t~ept by its secretary and treasurer and shall each year examine the books and accounts of the Volunteer Division kept by the Columbia Heights city manager and city treasurer. If the state audi- tor finds that any money has been expended for purposes not authorized by Sections 3 to 45, he shall report the same to the Governor, who shall thereupon direct the commissioner of finance not to issue any further ~.~arrants to the division which has incurred such un!a~fu! expenditures until the state auditor shall re- port that money unlawfully expended has been replaced. The Govern. or may also take such further action as the emergency may demand. ~ Section 45. This act shall become effective only after its approval 5y a majority of the Columbia Heights City Council and upon compliance with the provisions of Minnesota Statutes chapter 645.021. 2~