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HomeMy WebLinkAboutResolution 80-44RESOLUTION ~80- ~ BEING A RESOLUTION AUTHORIZING AMENDMENTS TO THE BY LAWS OF THE COLUMBIA HEIGHTS FIRE DEPARTMENT RELIEF ASSOCIATION, VOLUNTEER DIVISION BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLL%fBIA HEIGHTS, that WHEREAS, the Columbia Heights City Council may provide for an increase in benefits paid to members of the Volunteer Division; and WHEREAS, the proposed increase in benefits and amendments to the BY LAWS complies with Laws of Minnesota for 1977, Chapter 374, sections 38 to 60; and WHEREAS, the City Council has obtained and given consideration to an actuarial survey demonstrating that such increase in benefits to members of the Volunteer Division and such increase in funding of the Volunteer Division special fund shall not create a deficit in the Volunteer Division special fund, the amortization of which, together with the amortization of the existing deficit in the Volunteer Division special fund, exceeds 20 years from the date such increase in benefits is authorized. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Columbia Heights herewith approve the attached Resolution of the Board of Trustees of the Columbia Heights Fire Department Relief Association, Volunteer Division. Approved this 1! day of August , 1980. Offered by: Heintz Seconded by: Roll Call: Logacz ,~,~~~. ~ / Logacz, He i n t z, Hen t ge ~//~,., Nawroc k i --aye Norberg--absta i n k.,.! ~-~¢-'t./~/ Bruc~ G. Nawrocki, Mayor c~et~ry to the CounCil RESOLUTION AMENDING BY LAWS BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE COLUM~LA REIGHTS FIP. E DEPARTMENT RELIEF ASSOCIATION, VOLUNTEER DIVISION: ARTICLE III, Section 1, of the BY LAWS, which reads as follows, to-wit: Section 1. MEMBERSHIP, The Board of Ex~miners shall be composed of five (5) members of the Volunteer Division who shall be elected at the annual meeting of members of the Volunteer Division and who shall serve for terms of one (1) year each unless reelected at the succeeding annual meeting of members. is herewith amended to read as follows, to-~tt: Section 1. HEKBERSHIP. The Board of Examiners shall be composed of six (6) members. Five (5) members shall he members of the Volunteer Division who shall be elected at the annual meeting of members of the Volunteer Division and who aha11 serve terms of one (1) year each unless reelected at the succeeding annual meet- ing of members. The sixth member of the Board of Examiners shall be~-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 e~x 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. II. ARTICLE VI, Section 1, which reads as follows, to-wit: Section 1. SERVICE PENSION. Any volunteer firefighter as defined in 1977 Minnesota Laws Chapter 374 §39 of the age of fifty years or more who has served twenty (20) years or more as a volunteer member of the Columbia Heights Fire Department and who retired subsequent to December 31, 1976, shall be eligible to receive a service pension in the amount of $150.00 per month, plus an additional $3.00 per month for each year of service in excess of twenty (20) years to a maximum of $180.00 per month for thirty (30) years or more of service. The total payment in such case shall not exceed $180.00 per month. Any member who retires from being a volunteer after twenty (20) years service prior to reaching the age of fifty (50) years shall not re- ceive service pension benefits until he becomes fifty (50) years of ~ age. is herewith amended to read as follows, to-wit: Section 1. SERVICE PENSION. Any volunteer firefighter as defined in 1977 F~nnesota Laws Chapter 374 §39 of the age of fifty years or more who has served twenty (20) years or more as a volunteer member of the Columbia Heights Fire Department and who retired subsequent to December 31, 1976, shall be eligtble to receive a service pension in the amount of $165.00 per month, plu~ an additional $3.30 per ~nth for each year of service in excess of twenty (20) years to a maximum of $198.00 per month for thirty (30) years or more of service. The total payment in such case shall not exceed $198.00 per month. Any member who retires from being a volunteer after twenty (20) years service prior to reaching the age of fifty (50) years shall not receive service pension benefits until he becomes fifty (50) years of age. Any volunteer firefighter as defined in 1977 Minnesota Laws Chapter 374 §39 of the age of fifty (50) years or more who has served twenty (20) years or more ~ay, within one month after reaching the abe of fifty years, serve upon the President of the Board of Trustees a notice of election to receive an optional lump sum benefit of $8,1&0.00. Failure to give the said notice on a timely basis aha11 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 benefits to or on behalf of the applicant or his survivors. III. ARTICLE VI, Section 2, which reads as follows, tO-W/t: Sectio~ 2. SURVIVORS' BENEFITS. A. The surviving spouse and children of a volunteer who (1) retires subsequent to December 31, 1976 and (2) has served t~enty (20) or more years as a volunteer prior to his death shall receive the fol- lowing benefits: 1. The surviving spouse of such deceased volu~.teer shall receive sixty dollars ($60.00) per month plus an additional one dollar and twenty cents ($1.20) per month for each year that the deceased member had served in excess of twenty (20) years to a maximum of seventy-two dollars ($?2.00) per month for thirty (30) years or more of service. Payments shall continue only until such time as the surviving spouse shall die or remarry, whichever shall occur first. Provided, however, that no surviving spouse of a deceased volunteer entitled to receive benefits hereunder shall commence, accrue or be paid benefits until such time as the deceased volunteer, had he survived, would have reached the age of fifty (50) years. 2. The surviving children of such deceased volunteer shall receive seven dollars and fifty cents (~7.50) per month per child. Payments hereunder shall not exceed fifteen dollars ($15.00) per month in the case of two or more children. Children shall continue to receive benefits under this provision until they reach the age of sixteen (16) years. Provided, however, any surviving child who is a full time student shall continue to receive benefits under this section until such child reaches the age of eighteen (18) years. Provided, however, that no surviving children of a deceased volunteer entitled to receive benefits hereunder shall commence, accrue or be paid benefits until such time as the deceased volunteer, had he survived, would have reached the age of fifty (50) years. 3. The total combined monthly payments to a surviving spouse and children of a deceased volunteer shall not exceed sixty seven dollars and fifty cents ($67.50) per month in the case of one child and shall not exceed seventy five dollars ($?5.00) per month in the case of two or more children, plus an additional one dollar and fifty cents ($1.50) per month for each year of service by the deceased volunteer in excess of twenty (20) years to a maximum of eighty two dollars and fifty cents [$82.50) in the case of one child, and to a maximum of ninety dollars [$90.00) per month in the case of two or more children for thirty (30) years or more of service. &. In cases where a surviving child is living with his parent or guardian and is being supported by such person, the pension to which such child is entitled hereunder may be paid to such parent or guardian if so ordered by the Board of Trustees. Should surviving children of a deceased firefighter be of sufficient number to subject benefits h~reunder to be reduced because of exceeding the allowable maximum payments to a survivinE spouse and children, such benefits payable to the surviving children shall be apportioned equally amongst such sur- viving children for such period of time until the benefit payable no longer exceeds the maximum allowable payment as set forth herein. B. The surviving spouse and children of a volunteer who ~1) has served ten (10) or more years but less than twenty (20) years as a volunteer prior to his d~th~ [2} has died of causes not arisin8 out of or in the course of his duties as a volunteer firefighter, and (3) is an active ~ember in good standing at the time of his death, emi1 receive the following benefits: 1. If the deceased volunteer has served: (a) more than ten (10) years but less than eleven (11) years, the surviving spouse shall receive a lump su~ payment of (b) more than eleven (11) years but less than twelve (12) years, the surviving spouse shall receive a lump stun payment of $1,360.00. (c) more than ~elve (12) years but less than thirteen (13) years, the su~viving spouse shall receive a lump su~ payment of $1,§20.00. (d) more than thirteen (13) years but less than fourteen (14) years, the surviving spouse shall receive a lump su~payment of $1,680.00. (e) more than fourteen (14) years but less than fifteen (15) years, the surviving spouse shall receive a lump sum payment of $1,840.00. (f) more than fifteen (15) years years, the surviving spouse shall receive (g) more than sixteen (16) years years, the surviving spouse shall receive but less than sixteen (16) a lump su~payment of $2,000.00. but less than seventeen (17) a lump sum payment of $2,200.00. (h) more than seventeen (17) years but less than eighteen (18) years, the surviving spouse shall receive a lump sum payment of $2,400.00. (i) more than eighteen (18) years but less than nineteen (19) years, the surviving spouse shall receive a lump sum payment of $2,600.00. (J) more than nineteen (19) years but less than ~wenty (20) years, the surviving spouse sMll receive a lump sum payment of $2,800.00. 2. If the deceased volunteer has served: (a) more than ten (10) years but less than eleven (11) years, each surviving child shall receive a lump sum payment of $150.00. ~b) more than eleven (11) years but less than twelve years, each surviving child shall receive a lump sum payment of $170.00. (c) more than twelve (12) years but less than thirteen (13) years, each surviving child shall receive a lump sum payment of $190.00. (d) more than thirteen (13) years but less than fourteen (14) years, each surviving child shall receive a lump sum payment of $210.00. (2~) more than fourteen ~14) years but less than fifteen (15) years, each surviving child she1! receive a lump sum payment of $230.00. (f) more than fifteen (15) years but less than sixteen (16) years, each surviving child shall receive a lump sum payment of $250.00. (g) more than sixteen (16) years but less than seventeen (17) years, each surviving child shall receive a lump sum payment of $275.00. 0~) more than seventeen (17) years but less than eighteen (18) years, each surviving child shall receive a lump sum payment of $300.00. (i) more than eighteen (18) years, but less than nineteen (19) years, each surviving child shall receive a lump sum payment of (J) more than nineteen (1~) years, but less than twenty (20) years, each surviving child shall receive a lump sum psyment of $350.00. A surviving child for purposes of this section is a child of the deceased volunteer who has not yet reached the age of sixteen (16) years at the time of the volunteer's death or a child who is a full time student and has not yet reached the age of eighteen (18) years at the time of the volunteer's death. 3. Provided, however, that combined payments to a surviving spouse and more than two (2) children shall not exceed the amount that vould ordinarily be payable had the deceased volunteer left sux-,iving only a surviving spouse and two (2) children. 4. In cases where a surv/ving child is living with has parent or guardian and is being supported by such person, the pension to which such child is entitled hereunder ~ay be paid to such parent or guardian if so ordered by the Board of Trustees. Should surviving children of s deceased firefigbter be of sufficient number to subject benefits hereunder to be reduced because of exceeding the allowable maximum payments to a surviving spouse and children, such benefits payable to the surviving children shall be apportioned equally amongst such surviving children. 5. Payments hereunder shall be nde 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 certifi- cate. C. The surviving spouse and children of a volunteer who has died of causes arising out of and in tbs course of has duties as a volunteer firefighter shall be entitled to the same benefits as the surviving spouse and children of a volunteer who (1) retires subsequent to December 31, 1976, and (2) has served twenty (20) or more years as a volunteer prior to his death. Provided, however, that such benefits shall commence the first day of tbs month follo~rlng tbs death of the firefigbter. Provided £urthex that upon the date that a volunteer firefigbter who (1) has served twenty (20) or more years as a volunteer prior to his death and (2) who has died of causes arising out of and in tbs course of his duties as a firefigbter would have reached the age of fifty (50) years at the time of his death, tbs survivors' benefits under this Subdivision C shall cease, and such survivors shall be eligible for benefits under Subdivision A of this Section 2. D. For purposes of the Article: 1. Any person entitled to benefits under more than one Subdivision A, B or C must elect within sixty (60) days of the death of the volunteer which sole benefit to elect or be bound by the decision of the Board of Trustees as to which sole benefit such applicant shall be entitled. 2. A surviving spouse is the spouse of a deceased volunteer to whom such volunteer became legally married while or prior to such time as such volunteer was a volunteem member in good standing; and who remained legally married continuously until the volunteer's death without having an action for dissolution or separate maintenance pending at the time of the volunteer's death; and who was legally married to the deceased volunteer at least three (3) years before his death; and who was residing with the deceased volunteer at tbs time of his death. Provided, however, that no temporary absence for purposes of business, health, or pleasure shall constitute a change of residence for purposes of this section. 3. A child entitled to monthly benefits under £bis Article shall have such benefits terminated at the time such child shall become legally adopted, and, at such time, monthly bene£its under this Article shall terminate forever · is herewith amended to read as follows, to-wit: Sec tion 2. SURVIVORS ' BENEFITS. A. The surviving spouse and c~ildren of a volunteer who (1) retires subsequent to December 31, 1976 and [2) has served twenty (20) or more years as a volunteer prior to his death shall receive the .fol- lowing benefits: 1. The surviving spouse of such deceased volunteer shall receive sixty-six dollars ($66.00) per month plus an additional one dollar and thirty-cwo cents (~1.32) per month for each year that the deceased momber had served in excess of t~enty (20) years to a maximum of seventy-nine dollars and 20 cents ($79.20) per month for thirty (30) years or more of service. Payments shall continue only until such time as the surviving spouse shall die or remarry, whichever shall occur first. Provided, however, that no surviving spouse of a deceased volunteer entitled to receive Benefits here- under shell commence, accrue or be paid benefits until such time as the deceased volunteer, had he survived, would have reached the age of fifty (50) years. 2. The surviving children of such deceased volunteer shall receive eight dollars and twenty-five cents ($8.25) per month per child. Payments hereunder shall not exceed sixteen dollars and fifty cents ($16.50) per month in the case of two or more children. Children shall continue to receive benefits under this provision until they reach the age of sixteen (16) years. Provided, however, any eurvtving child who is a full 'time student shall continue to receive benefits under this section until such child reaches the ege of eighteen (18) years. Provided, however, that no surviving children of · deceased volunteer entitled to receive benefits hereunder shell co,hence, accrue or be paid benefits until such time as the deceased volunteer, had he survived, would have reached the age of fifty (50) years. 3. The total combined monthly payments to a surviving spouse and children of a deceased volunteer shall not exceed seventy-four dollars and twenty-i/ye cents (~76.25) per month in the case of one child and shall not exceed eighty-two dollars and fifty cents ($82.50) per month in the case of two or more children, plus an additional one dollar and sixty-five cents ($1.65) per month for each year of service by the deceased volunteer in excess of twenty (20) years to a maxim~un of ninety dollars and seventy-five cents ($90.75) in the case of one child, and to a maximum of ninety-nine dollars ($99.00) per month in the case of two or more children for thirty (30) years or more of service. 6. In cases where a surviving child is living with his parent or guardia~ and is being supported by such person, the pension to which such child is entitled hereunder may be paid to such parent or guardian if so ordered by the Board of Trustees. Should surviving children of a deceased firefighter be of sufficient number to subject benefits hereunder to he reduced because of exceeding the allowable maximum payments to a surviving spouse and children, such benefits payable to the surviving children shall be apportioned equally amongst such surviving children for such period of time until the benefit payable no longer exceeds the maximum allowable payment as set forth herein. B. The surviving spouse and children of a volunteer who (1) has served ten (10) or more years but less than twenty (20) years as a volunteer prior to his death, (2) has died of causes not arising out of or in the course of his duties as a volunteer ftrefighter, and (3~ is an active member in good standing at the time of his dezth, shall receive the following benefits: 1. If the deceased volunteer has served: (a) more than ten (10~ years but less than eleven (11) years, the surviving spouse shall receive a lump sum payment of $1,320.00. (b) more than eleven (11) years but less than twelve (12) years, the surviving spouse shall receive a lump sum payment of $1,696.00. (c) more than twelve (12~ years but less than thirteen (.13] years, the surviving spouse shall receive a lump sum payment of $1,672.00. (d) more than thirteen (13) years but less than fourteen (16) years, the surv~ving spouse shall receive a lump sum peyment of $1,848.00. (e) more than fourteen (16) years but less than fifteen (15) years, the surviving spouse shall receive a lump sum payment of $2,026.00. (f) more than fifteen (15) years hut less than sixteen (16) years, the surviving spouse shall receive a lump atm payment of $2,200.00. (g) more than sixteen (16) years but less than seventeen (17) years, the surviving spouse shall receive a lump s,w, payment of $2,420.00. (h) more than seventeen (17) years but less than eighteen (18) years, the surviving spouse shall receive a lump sum payment of $2,640.00. (i) more than eighteen (18) years but less than nineteen (19) years, the surviving spouse shall receive a lump sum payment of $2,860.00. (J) more than nineteen (19) years hut less than twenty (20) years, the surviving spouse shall receive a lump sum payment of $3,080.00. 2. If the deceased volunteer has served: (a) years, each years, each (c) (13) years, of $209.00. more than ten (10) years but less than eleven (11) surviving child shall receive a lump sum payment of $165.00. mot6 than eleven (11) years but less than twelve (12) surviving child shall receive a lump sum payment of $187.00. more than twelve (12) years but less than thirteen each surviving child shall receive a lump sum payment (d) (14) years, of $231.00. more than thirteen (13) years but less than fourteen each surviving child shall receive a lump sum payment (e) (15) years, of $253.00. more than fourteen (14) years but less than fifteen each surviving child shall receive a lump sum payment (f) (16) years, of $275.00. more than fifteen (15) years but less than sixteen each surviving child shall receive a lump sum payment (17) years, of $302.50. more than sixteen (16) years but less than seventeen each surviving child shall receive a lump sum payment (h) more than seventeen (17) years but less than eighteen (18) years, each surviving child shall receive a lump sum payment of $330.00. (i) more than eighteen (18) years, but less than nineteen (19) years, each surviving child shall receive a lump sum payment of $357.50. (j) more than nineteen (19) years, but less than twenty (20) years, each surviving child shall receive a lump sum payment of $385.00. A surviving child for purposes of this section is · child of the deceased volunteer who has not yet reached the age of sixteen (16) years at the time of the volunteer's death or a child who is a full time student and has not yet reached the age of eighteen (18) years at the time of the volunteer's death. 3. Provided, however, that combined payments to a surviving spouse and more than two (2) children shall not exceed the amount that would ordinarily be payable had the deceased volunteer left surviving only a surviving spouse and two (2) children. 4. In cases where a surviving child is living with his parent or guardian and is being supported by such person, the pension to which such child is entitled hereunder may be paid to such parent or guardian if so ordered by the Board of Trustees. Should surviving children of a deceased firefighter be of sufficient number to subject benefits hereunder to be reduced because of exceeding the allowable maxim,-- payments to a surviving spouse and children, such benefits payable to the surviving children shall be apportioned equally amongst such surviving children. 5. 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 tbs deceased volunteer's death certificate. C. The surviving spouse and children of a volunteer who has died of causes arising out of and in the course of his duties as a volunteer £irefighter shall be entitled to the acme benefits as the surviving spouse and children of a volunteer who (1) retires sub- sequent to December 31, 1976, and (2) has served twenty (20) or more years as a volunteer prior to his death. Provided, however, that such benefits shall comzence the first day of the month fol- lowing the death of the firefighter. Provided further that upon the date that a volunteer firefighter who (1) has served twenty (20) or more years as a volunteer prior to his death and (2) who has died of causes arising out of and in the course of his duties as a firefighter would have reached the age of fifty (50) years at the time of his death, the survivors' benefits under this Subdivision C shall cease, and such survivors shall be eligible for benefits under Subdivision A of this Section 2. D. For purposes of the Article: 1. Any person entitled to benefits under more than one Sub- division A, B or C must elect within sixty (60) days of the death of the volunteer which sole benefit to elect or be bound by the decision of the Board of Trustees as to which sole benefit such applicant shall be entitled. 2. A surviving spouse is the spouse of a deceased volunteer to whom such volunteer became legally married while or prior to such time as such volunteer was a volunteer member in good standing; and who remained legally married continuously until the volunteer's death without having an action for dissolution or separate maintenance pending at the time of the volunteer's death; and who was legally married to the deceased volunteer at least three (3) years before his death; and who was residing with the deceased volunteer at the time of his death. Provided, however, that no temporary absence for purposes of business, health, or pleasure shall constitute a change of residence for purposes of this section. 3. A child entitled to monthly benefits under this Article shall have such benefits terminated at the time such child shall become legally adopted, and, at such time, monthly benefits under this Article shall terminate forever. ARTICLE VI, Section 3, which reads as follows, to-wit: Section 3. TOTAL DISABILITY. A volunteer firefighter shall be eligible for the following payments for total disability during the period of time such volunteer is totally disabled. A. Honthly benefits shall be one hundred fifty dollars (8150.00) for a volunteer, who has a disability which has arisen out of and in the course of his duties as a firefighter. If a volunteer has served twenty (20) years or more as a volunteer ~ember of the Columbia Beights Fire Department and his disability arises out of and in the course of his duties as a volunteer firefighter, monthly benefits shall be one hundred fifty dollars ($150.00) per ~ontb plus an additional three dollars ($3.00) per month for each year of service in excess of t~enty (20) years to a maximum of one hundred eighty dollars ($180.00) per month for thirty (30) years or more of service. Payments for such disability shall commence the first day of the month following the date of commencement of the disability. B. In the event an injury causing total disability to a volunteer (1) does not arise out of or in the corse of the disabled volunteer's duties as a firefithter, (2) the volunteer has served at least ten (10) years as a volunteer firefighter in the service of Columbia Heights, and (3) the volunteer is an active member in good standing at the commencement of such disability, payments shall be forty five dollars ($45.00) per month plus five dollars and fifty cents ($5.50) per month for each year of service in excess of ten (10) years. The total payment in such case shall not exceed one hundred dollars ($100.00) per month. No payments for such disability shall coamence, accrue, or be paid to such disabled volunteer fireftghter until he has attained the age of fifty (50) years. C. Total disability for purposes of this Article shall be defined as follows: any disability by bodily injury or disease which wholly and continuously prevents the performance of any work for compensation or profit. D. No benefits shall be paid under this Article if the disablity 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. E. A volunteer who draws or is eligible to draw a service pension under th.is 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 dis- ability pensions to which a disabled volunteer might otherwise be entitled under Section 3 of this Article shall cease forever. is herewith amended to read as follows, to-wit: Section 3. TOTAL DISABILITY. A volunteer firefighter shall be eligible for the following payments for total disability during the period of time such volunteer is totally disabled. A. Monthly benefits shall be one hundred sixty-five dollars ($165.00) for a volunteer who has a disability which has arisen out of and in the course of his duties as a firefighter. If a volunteer has served twenty (20) years or more as a volunteer member of the Columbia Heights Fire Department and his disability arises out of and in the course of his duties as a volunteer firefighter, monthly benefits shall be one hundred sixty-five dollars ($165.00) per month plus an additional three dollars and thirty cents ($3.30) per month for each year of service in excess of twenty (20) years to a maximtm of one hundred ninety-eight dollars ($198.00) per month for thirty ~30) years or more of service. Payments for such disability shall conmence the first day of the month follo~rlng the date of commencement of the disability. B. In the event an injury causing total disability to a volunteer (1) does not arise out of or in the course of the disabled volunteer's duties as a firefighter, (2) the volunteer has served at least ten (10) years as a volunteer firefighter in the service of Columbia Heights, and (3) the volunteer is an active member in good standing at the commencement of such disability, payments shall be forty-nine dollars and fifty cents ($49.50) per month plus six dollars and five cents ($6.05) per month for each year of service in excess of ten (10) years. The total payment in such case shall not exceed one hundred ten dollars ($110.00) per month. No payments for such disability shall commence, accrue, or be paid 'to such disabled volunteer firefighter until he has strained the age of fifty (50) years. C. Total disability for purposes of this Article 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. D. No benefits shall be paid under this Article if the disablity 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. E. 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 dis- ability pensions to which a disabled volunteer might otherwise be entitled under Section 3 of this Article shall cease forever. F. 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. 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 Depart- C. The Board of Trustees shall attempt to meet within fifteen (15) days after receipt of the application for disability bene-/its by the City Manager and shall act upon the said application as soon as is expedient. In determining whether or not a firsfighter is disabled, the Board of Trustees shall consider the Typical Duties Performed by a firefighter as promulgated by the Fire Chief in the Rules and Regula- tions 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. ARTICLE VI, Section &, which reads as follows, to-wit: Section 4. DEATH BENEFIT. A death benefit in the amount of one thousand dollars (~1,000.00~ shall be paid to the surviving spouse, or in the event there is no surviving spouse, to the next of kin within sixty (60) days from the date the Board of Trustees is notified of the death of any active or retired volunteer regardless of the date or deceased volunteer's death certificate. No benefit shall be made pursuant to this paragraph unless the volunteer is a member in good standing of the volunteer division or has retired as a member in good standing of the division. is herewith amended to read as follows, to-wit: Section 4. DEATH BENEFi'f. A death benefit in the amount of one thousand one hundred dollars ($1,100.00) shall be paid to the surviving spouse, or in the event there is no surviving spouse, to the next of kin within sixty (60) days from the date the Board of Trustees is notified of the death of any active or retired volunteer regardless of the date or deceased volunteer's death certificate. No benefit shall be made pursuant to this paragraph ynless the volunteer is a member in good standing of the volunteer division or has retired as a ~ember in good standing of the division. Vie ARTICLE VI, Section 5, which reads as follows, to-w/t: Section 5. EARLY RET~T SERViCE PENSION. Any active volunteer member who has served more than ten (10) years but less than t~enty (20) years and who shall resign in good standing because of ctrcmn- stances beyond his control, shall be entitled to receive an Early Retirement Service Pension. Such pension shall be a lump sum in the following amount: Ten (10)years service: $3,000.00 Eleven (11) years service: $3,~00.00 Twelve (12) years service: $3,800.00 Thirteen (13) years service: Fourteen (14) years service: Fifteen (15) years service: Sixteen (16) years service: Seventeen (17) years service: Eighteen (18) years service: Nineteen (19) years sex--ice: $4,200.00 $4,600.00 $5,000.00 $5,500.00 $6,000.00 $6,500.00 $7,000.00 The applicant may elect to receive deferred annual installment payments of such sum over a period of not to exceed four (4) years. Unpaid in- stallment payments shall accrue no interest. A person electing Early Retirement Service Pensions shall be eligible for no other benefits whatsoever. "Circumstances beyond the volunteer's control" shall be defined only as the following: A. A requirement by the volunteer's employer that such volunteer move to a residence in an area not included in the Columbia Heights Volunteer Firefighter recruiting area as defined by the City Council in its dis- cretion, upon recomnendation of the Fire Chief. A volunteer may also be eligible to receive an Early Retirement Pension, if, in the sole discretion of the Board of ~rustees, the job requirements set by a volunteer's fullt/me employer would create an extreme hardship on the volunteer if such volunteer did not move his residence to a place out- side the Columbia Heights Volunteer Firefigbter recruitin8 area. Such detex-mination by the Board of Trustees shall be made by resolution. Provided, however, no active or retired volunteer shall receive any payment under this paragraph prior to the date he reaches the age of fifty (50) years. B. Apparent terminal illness of the volunteer, which, in the written opinion of a medical doctor licensed to practice medicine in the State of Minnesota, is medically reasonably expected to cause or substantially contribute to the cause of death of such volunteer within a t~o (2) year period from the date such written opinion is prepared. Provided, no Early Retirement Service Pension shall be paid if within such two (2) year period, such volunteer would, if he survives, complete twenty (20) years of service with the Columbia Heights Volunteer Fire Department. is herewith amended to read as follows, to-~it: Section 5. EARLY RETIREMENT SERVICE PENSION. Any active volunteer member ~w has served more than ten Ci0) years but less than twenty (20) years and who shall resign in good standing because of circum- stances beyond his control, shall be entitled to receive an Early Retirement Service Pension. Such pension shall be a lump sum in the following amount: Ten (10) years service: $3,300.00 Eleven (11) years service: $3,740.00 Twelve (12) years service: $4,180.00 Thirteen (13) years aervice: $4,620.00 Fourteen (14) years service: $5,060.00 Fifteen (15) years service: $5,500.00 Sixteen (16) years service: $6,050.00 Seventeen (17) years service: Eighteen (18) years service: Nineteen (19) years service: $6,600.00 $7,150.00 $7,700.00 The applicant may elect to receive deferred annual install~ent payments of such eu~ over a period of not to exceed four (4) years. Unpaid install~ent payments shall accrue no interest. A person electing Early Retirement Service Pensions shall be eligible for no other benefits whatsoever. "Circumstances beyond the volunteer's control" shall be defined only as the following: A. A requirement by the volunteer's employer that such volunteer 'move to a residence in an area not included in the Columbia Heights Volunteer Firefighter recruiting area as defined by the City Council in its discretion, upon reco-~endation of the Fire Chief. A volunteer may also be eligible to receive an Early Retirement Pension, if, in the sole discretion of the Board of Trustees, the Job requirements set by a volunteer's fulltlme employer would create an extreme hardship on the volunteer if such volunteer did not move his residence to a place outside the Columbia Heights Volunteer Firefighter recruiting area. Such determination by the Board of Trustees shall be mede by resolution. Provided, however, no active or retired volunteer shall receive any payment under this paragraph prior to the date he reaches the age of fifty (50) years. B. Apparent terminal illness of the volunteer, which, in the written opinion of a medical doctor licensed to practice medicine in the State of Minnesota, is medically reasonably expected to cause or substantially contribute to the cause of death of such volunteer within a two (2) year period from the date such written opinion is prepared. Provided, no Early Retirement Service Pension shall be paid if within such two (2) year period, such volunteer would, if he survives, complete twenty (20) years of service with the Columbia Heights Volunteer Fire Department. VII. ARTICLE VI, Section 6, which reads as follows, to-wit: Section 6. VOLUNTEERS RETIRED PRIOR TO JANUARY 1, 1976. A volunteer firefighter who is currently receiving service benefits and who retired prior to January 1, 1976 shall receive service benefits as follows: Service Pensions: A. Volunteer firefighters who retired from being volunteers with the Col~bia Heights Fire Department on or before December 31, 1967, shall receive $75.00 per month. B. Volunteer firefighters who retired from being volunteers with the Columbia Heights Fire Department on or subsequent to January 1, 1968, but prior to January 1, 1976, shall receive $100.00 per month. Any volunteer referred to in this paragraph shall receive no additional benefit or benefits from the Columbia Heights Fire Department Relief Association or the City of Columbia Heights as a result of any such volunteer serving as a Columbia ~eigh£s volun£eer fireflghrer. is herewith amended to read as follows, to-wit: Section 6. VOLUNTEERS RETIRED PRIOR TO JANUARY 1, 1976. A volunteer firefighter who is currently receiving service benefits and who retired prior to January 1, 1976 shall receive service benefits as follows: Service Pensions: A. Volunteer firefighters who retired from being volunteers with the Columbia Heights Fire Department on or before December 31, 1967, shall receive $100.00 per month, plus an additional three dollars ($3.00) per ~onth for each year of service in excess of ~wenty (20) years. B. Volunteer firefighters who retired from being volunteers with the Columbia Heights Fire Department on or subsequent to January 1, 1968, but prior to January 1, 1976, shall receive $125.00 per ~onth plus an additional three dollars ($3.00) per month for each year of service in excess of t~enty (20) years. Any volunteer referred to in this paragraph shall receive no additional benefit or benefits from the Columbia Heights Fire Department Relief Association or the City of Columbia Heights as a result of any such volunteer serving as a Columbia Heights volunteer firefighter. VIII. ARTICLE VI, Section 7, which reads as follows, to-wit: Section 7. EFFECTIVE DATE. The benefits payable under this Article shall be effective from and after July 1, 1977. is herewith amended to read as follows, to-wit: Section 7. EFFECTIVE DATE. The benefits payable pursuant to these Amended By Laws shall be effective fro~ and after Hay l, 1980. ARTICLE VII, Section 1, which reads as follows, to-wit: Section 1. FORH. 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 mede within thirty (30) days after the application was submitted to the City Manager. No benefits or pensions shall be paid until the application therefor has been approved by the majority vote of the Board of Trustees. Decisions of the Board shall be final. is herewith amended to read as follows, to-wit: Section 1. FORM. All applications for benefits hereunder shall be made in writing on forms supplied by, or satisfactory to, the Colchis 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 therefor has been approved by the majority vote of the Board of Trustees. Decisions of the Board shall be final. Offered by: Helntz Seconded by: Logacz Roll Call: All Ayes crelar~ Fro rem ' Bruce G. Na~rrocki, President August 3, 19.80 BY LAWS OF THE COLUP~A HEigHTS FIRE DEPARTHENT I~'LIEF ASSOCIATION, VOLUNTEE~ DIV~ION A~T~CLE I. NA~E AND LOCATION Section 1. NAME. The name of this organization shall be the Columbia Heights Fire Department Relief Association, 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. MEMBERSHIP 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 %rritten standards, upon reco~endation of the 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 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 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. QUORUMS. A quorum for the transaction of business at any regular or special meeting shall consist of a ma]orlty 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 members of the Volunteer Division and who shall serve terms of one (1) year each unless reelected at the succeeding annual meeting of members. 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 M2~ERS 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 MEETINGS WITH TI~ BOARD OP 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 (30Z) 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 Reights 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 P~nager 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. 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 Trustees and the Board of Examiners of the Volunteer Division shall be called no later than fifteen (15) days sub- sequent 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 mem~ership 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 ceremenial 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 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 E~ners may be filled for the unexpired terms by the remaining Examiners at any regular or special Examinerst 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. .HE,BERg. 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 Hanager, 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 disburse- ment agent of and for the special funds of the Columbia Heights Fire Department Relief Association, Volunteer Division; b. To desicaate 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 fund of the Volunteer Division, as said examinations are required by the State of Hinnesota, 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. INVESTHENT 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 ap- pointed agent or agents jointly with other individuals or corporations. Section &. INVESTIGATION OF CLAIHS. 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 Hoard of Trustees of the Volunteer Division shall select a competent physician who shall advise the Hoard 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 super- vision 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 invest- ment itself. He shall also collect from the State of M/nnesota 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 col- lected within the corporate limits of the City. He 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 trans- mitted to the Division's Board of Trustees for investment. The City treasurer shall prepare and sikh, with the approval of the Volunteer Division's Board of Trustees, all reports or other doctments 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 other- wise 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 fro~ 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 Associa- tion 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 special fund of the Columbia Heights Fire Department Relief Association Paid Division Special Fund. 14ben every member of the Volunteer Division is deceased, the 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 =he funds in the General Fund. Section 3. DISBURSEHENTS AND APPROVALS. Ail disbursements of payments from the special fund for the payment of benefits hereunder shall be approved -6- and authorized'by ~aJority vote of the Board of Trustees at a regular or special meeting held for that purpose. Section i. DEPOSITS. Alimonies 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 Section 1. SERVICE PENSION. Any volunteer firefighter as defined in 1977 Hinnesota Laws Chapter 374 §39 of the age of fifty years or more who has served twenty (20) years or more as a volunteer member of the Columbia Heights Fire Department and who retired subsequent to December 31, 1976, shall be eligible to receive a service pension in the amount of $165.00 per month, plus an additional $3.30 per month for each year of service in excess of twenty (20) years to a maximum of $198.00 per month for thirty (30) years or more of service. The total payment in such case shall not exceed $198.00 per month. Any member who retires from being a volunteer after twenty (20) years service prior to reaching the age of fifty (50) years shall not receive service pension benefits until he becomes fifty (50) years of age. Any volunteer firefighter as defined in 1977 Minnesota Laws Chapter 374 §39 of the age of fifty (50) years or more who has served twenty (20) years or more may, within one month after reaching the age of fifty years, serve upon the President of the Board of Trustees a notice of election to receive an optional lump sum benefit of $8,140.00. 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 tet-mtnste all benefits to or on behalf of the applicant or his survivors. Section 2. SURVIVORS' BENEFITS. A. The surviving spouse and children of a volunteer who (1) retires subsequent to December 31, 1976 and (2) has served twenty (20) or more years as a volunteer prior to his death aha11 receive the following benefits: 1. The surviving spouse of such deceased volunteer shall receive sixty-six dollars ($66.00) per month plus an additional one dollar and thirty-two cents ($1.32) per month for each year that the deceased member had served in excess of twenty (20) years to a ~aximum of seventy-nine dollars and 20 cents ($79.20) per month for thirty (30) years or more of service. Payments shall continue only until such time as the surviving spouse shall die or remarry, whichever shall occur first. Provided, however, that no surviving spouse of a deceased volunteer entitled to receive benefits hereunder shall commence, accrue or be paid benefits until such time as the deceased volunteer, had he survived, would have reached the age of fifty (50) years. 2. The surviving children of such deceased volunteer shall receive eight dollars and ~wenty-five cents ($8.25) per month per child. Payments hereunder shall not exceed sixteen dollars and fifty cents ($16.50) per month in the case of two or more children. Children shall continue to receive benefits under this provision until they reach the age of sixteen (16) years. Provided, however, any surviving child who is a full time student shall continue to receive benefits under this section until such child reaches the age of eighteen (18) years. Provided, however, that no surviving children of a deceased volunteer entitled to receive benefits hereunder shall commence, accrue or be paid benefits until such time as the deceased volunteer, had he survived, would have reached the age of fifty (50) years. 3. The total combined monthly payments to a surviving spouse and children of a deceased volunteer shall not exceed seventy-four dollars and twenty-five cents ($74.25) per month in the case of one child and shall not exceed eighty-two dollars and fifty cents ($82.50) per month in the case of two or more children, plus an additional one dollar and sixty-five cents ($1.65) per month for each year of service by the deceased volunteer in excess of twenty (20) years to a maximum of ninety dollars and seventy-five cents ($90.75) in the case of one child, and to a max/mum of ninety-nine dollars ($99.00} per month in the case of two or more ch/ldren for thirty O0) years or more of service. 4. In cases where a surviving child is living with his parent or guardian and is being supported by such person, the pension to which such child is entitled hereunder may be paid to such parent or guardian if so ordered by the Board of Trustees. Should surviving children of a deceased firefighter be of sufficient number to subject benefits hereunder to be reduced because of exceeding the allowable maximum payments to a surv/ving spouse and children, such benefits payable to the surviv~ng children shall be apportioned equally amongst such surv/ving children for such period of time until the benefit payable no longer exceeds the max/mum allo~able payment as set forth herein. B. The surviving spouse and children of a volunteer who (1) has served ten (10) or more years but less than twenty (20) years as a volunteer prior to his death, (2) has died of causes not arising out of or in the course of his duties as a volunteer ftrefighter, and (3) is an active member in good standing at the time of his death, shall receive the following benefits: 1. If the deceased volunteer has served: (a) more than ten (10) years but less than eleven (11) years, the surviving spouse shall receive a lump sum payment of $1,320.00. (b) more than eleven (11)_ years but less than twelve (12) years, the surviving spouse shall receive a lump sum payment of $1,496.00. (c) more than twelve. (12) years but less than thirteen (13) years, the surviving spouse shall receive a lump sum payment of $1,672.00. (d) more than thirteen [13) years but less than fourteen (14) years, the surviving spouse shall receive a lump sum payment of $1,848.00. (e) more than fourteen (14) years but less than fifteen (15) years, the surviving spouse shall receive a lump sum payment of $2,024.00. (f) more than fifteen (15) years but less than sixteen (16) years, the surviving spouse shall receive a lump sum payment of $2,200.00. (g) more than sixteen (16) years but less than seventeen (17) years, the surviving spouse shall receive a lump sum payment of $2,420.00. (h) more than seventeen (17) years but less than eighteen (18) years, the surviving spouse shall receive a lump sum payment of $2,640.00. (l) more than eighteen (18} years but less than nineteen ~19) years, the surviving spouse shall receive a lump sum payment of $2,860.00. (]) more than nineteen (19) years but less than twenty (20) years, the surviving spouse shall receive a lump sum payment of $3,080.00. 2. If the deceased volunteer has served: (a) years, each (b) years, ~h (e) (13) years, of $209.00. more than ten (10) years but less than eleven (11) surviving child shall receive a lump sum payment of $165.00. more than eleven (11) years but less than twelve (12) surviving child shall receive a lump sma payment of $187.00., more than twelve (12) years but less than thirteen each surviving child shall receive e lump sum payment (14) years, of $231.00. (e) (15) years, of $253.00. (f) (16) years, of $275.00. more than thirteen (13) years but less than fourteen each surviving child shall receive a lump sum payment more than fourteen (lt) years but less than fifteen each surviving child shall receive a lump sum payment more than fifteen (15) years but less than sixteen each surviving child shall receive a lump sum payment (g) more than sixteen (16) years but less than seventeen (17) years, each surviving child shall receive a lump sum payment of $302.50. (h) more than seventeen (17) years but less than eighteen (18) years, each surviving child shall receive a lump sum payment of $330.00. (i) more than eighteen (18) years, but less than nineteen (19) years, each surviving child shall receive a lump sum payment of $357.50. ~) more than nineteen (19) years, but less than twenty (20) years, each surviving child shall receive a lump sum payment of $385.00. A surviving child for purposes of this section is a child of the deceased volunteer who has not yet reached the age of sixteen (16) years at the time of the volunteer's death or a child who is a full time student and has not yet reached the age of eighteen (18) years at the time of the volunteer's death. 3. Provided, however~ that combined payments to .a surviving spouse and more than two (2) children shall not exceed the amount that would ordinarily be payable had the deceased volunteer left surviving only a surviving spouse and two (2) children. ~. In cases where a surviving child is living with his parent or guardian and is being supported by such person, the pension tO which such child is entitled hereunder may he paid to such parent or guardian if so ordered by the Board of Trustees. Should surviving children of a deceased firefighter be of sufficient number to subject benefits hereunder to be reduced because of exceeding the allowable maximumpayments to a surviving spouse and children, such henp-fits payable to the surviving children shall be apportioned equally amongst such surviving children. 5. Payments hereunder shall be made within sixty (60) days from the date the Board of Trustees is notified of the death. Notifica- tion shall include a certified copy of the deceased volunteer's death certificate. C. The surviving spouse and children of a volunteer who has died of causes arising out of and in the course of his duties as a volunteer fireflghter shall be entitled to the same benefits as the surviving spouse and children of a volunteer who (1) retires subsequent to De- cember 31, 1976, and (2) has served ~enty (20) or more years as a volunteer prior to his death. Provided, however, that such benefits shall co-~ence the first day of the month following the death of the firefishter. Provided further that upon the date that a volunteer firefighter who (1) has served twenty (20) or more years as a volunteer prior to his death and (2) who has died of causes arising out of and in the course of his duties as a firefighter would have reached the age of fifty (50) years at the time of his death, the survivors' benefits under this Subdivision C shall cease, and such survivors shall be eligible for benefits under Subdivision A of this Section 2. D. For purposes of the Article: 1. Any person entitled to benefits under more than one Sub- division A, B or C must elect within sixty (60) days of the death of the volunteer which sole benefit to elect or be bound by the decision of the Board of Trustees as to which sole benefit such applicant shall be entitled. 2. A surviving spouse is the spouse of a deceased volunteer to whom such volunteer became legally married while or prior to such time as such volunteer was a volunteer member in good standing; and who remained legally married continuously until the volunteer's death without having an action for dissolution or separate maintenance pending at the time of the volunteer's death; and who was legally married to the deceased volunteer at least three (3) years before his death; and who was residing with the deceased volunteer at the time of his death. Provided, however, that no temporary absence for purposes of business, health, or pleasure shall constitute a change of residence for purposes of this section. 3. A child entitled to monthly benefits under this Article shall have such benefits terminated at the time such child shall become legally adopted, and, at such time, monthly benefits under this Article shall terminate forever. Section 3. TOTAL DISABILITY. A volunteer firefighter shall be eligible for the following payments for total disability during the period of time such volunteer is totally disabled. -ll- A. Monthly benefits shall be one hundred sixty-five dollars ($165.00) for a volunteer who has a disability which has arisen out of and in the course of his duties as a firefighter. If a volunteer has served twenty (20) years or more as a volunteer member of the Columbia Heights Fire Department and his disability arises out of and in the course of his duties as a volunteer firefighter, monthly benefits shall be one hundred sixty-five dollars ($165.00)per month plus an additional three dollars and thirty cents ($3.30) per month for each year of service in excess of twenty (20) years to a maximum of one hundred ninety-eight dollars ($198.00) per month for thirty (30) years or more of service. Payments for such disability shall co~r, ence the first day of the month following the date of co-~encement of the disability. B. In the event an injury causing total disability to a volunteer (1) does not arise out of or in the course of the disabled volunteer's duties as a firefighter, (2) the volunteer has served at least ten (10) years as a volunteer firefighter in the service of Columbia Heights, and (.3) the volunteer is an active member in good standing at the comr, encement of such disability, payments shall be forty-nine dollars and fifty cents ($49.50) per month plus six dollars and five cents ($6.05) per month for each year of service in excess of ten (10) years. The total payment in such case shall not exceed one hundred and ten dollars ($110.00) per month. No payments for such disability shall commence, accrue, or be paid to such disabled volunteer firefighter until he has attained the age of fifty (50) years. C. Total disability for purposes of this Article shall he 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. D. No benefits shall be paid under this Article if the disablity 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. E. A volunteer who draws or is eligible to draw a service pension under this Article shall not be eligible to simultaneously draw a disability -12- pension. At s~'ch time as a volunteer becomes eligible to draw a service pension under Section 1 of this Article, all disability pensions to which a disabled ~olunteer might otherwise be entitled under Section 3 of this Article shall cease forever. F. 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 l~anager. 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. 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 firefishter is disabled, the Board of Trustees shall consider the Typical Duties Performed by a firefigbter as promulgated by the Fire Chief in the Rules and Regula- tions 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. DEATH BENEFIT. A death benefit in the amount of one thousand one hundred dollars ($1,100.00~ shall be paid to the surviving spouse, or in the event there is no surviving spouse, to the next of kin within sixty (60) days from the date the Board of Trustees is notified of the death of any active or retired volunteer regardless of the date or deceased volunteer's death certificate. No benefit shall be made pursuant to this paragraph unless the volunteer is a member in good standing of the volunteer d/vision or has retired as a member in good standing of the division. Section 5. EARLY RETIREMENT SERVICE PENSION. Any active volunteer member who has served mere than ten (10) years but less than twenty (20) years and who shall resign tn good standing because of circumstances beyond his control, shall be entitled to receive an Early Retirement Service Pension. Such pension shall be a lump sum in the following ~ot~q t: Ten (10) years service: $3,300.00 Eleven (11) years service: $3,740.00 Twelve (12) years service: Thirteen (13) years service: Fourteen (14) years service: Fifteen (15) years service: Sixteen (16) years service: Seventeen (l?) years service: Eighteen .(18) years service: Nineteen (19) years service: $4,180.00 $4,620.00 $5,060.00 $5,500.00 $6,050.00 $6,600.00 $7,150.00 $7,700.00 The applicant may elect to receive deferred annual installment payments of such sum over a period of not to exceed four C4) years. Unpaid installment payments shall accrue no interest. A person electing Early Retirement Service Pensions shall be eligible for no other benefits whatsoever. "Circumstances beyond the volunteer's control" shall be defined only as the following: A. A requirement by the volunteer's employer that such volunteer move to a residence in an area not included in the Columbia Heights Volunteer Firefighter recruiting area as defined by the City Council in its discretion, upon reco-~endation of the Fire Chief. A volunteer may also be eligible to receive an Early Retirement Pension, if, in the sole discretion of the Board of Trustees, the Job requirements set by a volunteer's fulltime employer would create an extreme hardship on the volunteer if such volunteer did not move his residence to a place outside the Columbia Heights Volunteer Firefighter recruiting area. Such deter- mination by the Board of Trustees shall be made by resolution. Provided, however, no active or retired volunteer shall receive any payment under this paragraph prior to the date he reaches the age of fifty (50) years. B. Apparent terminal illness of the volunteer, which, in the written opinion of a medical doctor licensed to practice medicine in the State of Minnesota, is medically reasonably expected to cause or substantially contribute to the cause of death of such volunteer within a two (2) year period from the date such written opinion is prepared. Provided, no Early Retirement Service Pension shall be paid if within such two (2) year period, such volunteer would, if he survives, complete twenty (20) years of service with the Columbia Heights Volunteer Fire Department. Section 6. VOLUNTEERS RETII~ED PRIOR TO JANUARY 1, 1976. A volunteer firefighter who is currently receiving service benefits and who retired prior to January 1, 1976 shall receive service benefits as follows: Serv/ce Pensions: A. Volunteer firefighters who retired from being volunteers with the Columbia Heights Fire Department on or before December 31, 1967, shall receive $100.00 per month plus an additional three dollars ($3.00) per month for each year of service in excess of ~wenty (20) years. B. Volunteer firefighters who retired from being volunteers with the Columbia Heights Fire Department on or subsequent to January 1, 1968, but prior to January 1, 1976, shall receive $125.00 per month plus an additional three dollars ($3.00) per month for each year of service in excess of twenty (20) years. Any volunteer referred to in this paragraph shall receive no additional benefit or benefits from the Columbia Heights Fire Department Relief Association or the City of Columbia Heights as a result of any such volunteer serving as a Columbia Heights volunteer firefighter. Section 7. EFFECTIVE DATE. The benefits payable pursuant to these Amended By Laws shall be effective from and after May 1, 1980. ARTICLE VII. APPLICATION FOR BENEFITS Section 1. FORM. Ail applications for benefits hereunder shall be made in ~rriting 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. Ail 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 therefor 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 in/ormation required by the City l/anager, the following: A. The age of the applicant, or member, or both; B. The period of service and anticipated date of retirement from the fire department of the City of Columbia Heights, l~nnesota; C. The i~ngth of time the applicant or member, or both, has been a member of the Volunteer D~vision or its predecessors, including da~es in membership of the Col~unbia Heights Fire Department Relief Association; D. Such other and further information the Board of Trustees ~ay require. -16-