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HomeMy WebLinkAbout02-10-199202/19/92 08:55 [COM ] JAL LCPR92-16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 A bill for an act relating to retirement; Columbia Heights paid firefighters relief association; authorizing the termination of the relief association; providing a procedure for the conversion of retirement benefits for the active and retired membership; continuing certain state aid payments; amending Laws 1965, chapter 605, sections 3, 16, 18 and 31; Laws 1975, chapter 424, section 13; and Laws 1977, chapter 374, sections 40, 45, 47, 49, 51, as amended, and 54; repealing Laws 1965, chapter 605, sections 1, 2, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, 17, 19, 20, 21, 22, 23, 24, 25, as amended, 26, 27, 28, 29, and 30; Laws 1974, chapter 424, sections 1, 2, 4, 5, 9, as amended, 10, as amended, 11, as amended, 12, and 13; and Laws 1977, chapter 374, sections 48, 53, 56, 57, as amended, 58, and 59. 18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 19 Article 1 20 21 22 TERMINATION OF COLUMBIA HEIGHTS PAID FIREFIGHTERS RELIEF ASSOCIATION Section 1. [COLUMBIA HEIGHTS PAID FIREFIGHTERS RELIEF 23 ASSOCIATION: AUTHORIZATION OF THE TERMINATION OF THE RELIEF 24 ASSOCIATION.] 25 Subdivision 1. [AUTHORITY TO TERMINATE RELIEF 26 ASSOCIATION.] The board of trustees of the Columbia Heights paid 27 firefighters relief association, if the action is approved by 28 the council of the city of Columbia Heights and if all retired 29 and active members of the relief association execute the 30 agreement and waiver provided for in subdivision 2, paragraph 31 (e), may terminate the special fund of the relief association 1 02/19/92 08:55 [COM ] JAL LCPR92-16 1 and dissolve the relief association as a nonprofit corporation 2 under Minnesota Statutes, section 317A.721. To terminate the 3 special fund and dissolve the relief association, the board of 4 trustees of the relief association must adopt by majority vote a 5 termination and dissolution resolution. 6 Subd. 2. [DISPOSITION OF RELIEF ASSOCIATION SPECIAL FUND 7 ASSETS.] (a) Before adopting the termination and dissolution 8 resolution under subdivision 1, the relief association shall 9 purchase single premium annuity contracts on behalf of the 10 active and retired members of the relief association. The 11 12 13 14 15 16 17 18 19 20 21 22 23 annuity contracts must be purchased from an eligible insurance company or a combination of eligible insurance companies. The selection of the company or companies must be ratified by the active and retired membership. An eligible insurance company is an insurance company that: (1) is licensed to do business in this state; (2) regularly conducts life insurance and annuity business; and (3) is rated by a recognized national rating agency or organization among the top 25 percent of all insurance companies doing life insurance and annuity business. (b) The annuity contracts purchased under paragraph (a) replace the service pension or retirement benefits otherwise 24 25 26 27 28 29 30 31 32 33 34 35 36 payable to the retired members and retirement benefit recipients by the Columbia Heights paid firefighters relief association and the entitlement of the active member to future service pension or other retirement benefits otherwise eventually payable to the person from the Columbia Heights paid firefighters relief association. (c) The single premium annuity contracts for retired members or benefit recipients must equal the established value of the member or recipient to a pension or benefit payable to the person from the relief association. The value must be established according to a procedure that is mutually agreeable to the city council and to the retired members and benefit recipients. 02/19/92 08:55 [COM ] JAL LCPR92-16 (d) The single premium annuity contract for the active member must equal the established value of the active member to an eventual pension or benefit from the relief association for 1 2 3 4 service rendered to the date of the purchase. The value must be 5 established according to a procedure that is mutually agreeable 6 to the city council and the member. 7 (e) Before the annuity contract may be purchased, the 8 affected person must waive the person's eligibility and 9 entitlement to any further service pension or retirement benefit 10 payments from the Columbia Heights paid firefighters relief 11 association. The waiver must be in writing. Appropriate 12 information must be provided in writing to the person before the 13 waiver is executed. 14 (f) The single premium annuity contract may provide for the 15 transfer of title to the applicable recipient upon termination 16 of the relief association under subdivision 2. The annuity 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 contract may allow for any future payment option other than a single payment of a lump sum benefit or the payment of a lump sum benefit in fewer than ten annual installments. Subd. 3. [DISPOSITION OF RELIEF ASSOCIATION GENERAL FUND ASSETS.] Before termination under subdivision 1, the assets remaining in the general fund of the Columbia Heights paid firefighters relief association after the payment of any accounts payable or other current liabilities must be disposed of as directed by the board of trustees of the relief association, with the consent of the city council of the city of Columbia Heights. Subd. 4. [CITY FUNDING OBLIGATIONS.] (a) If the liquidated assets of the special fund before the single premium annuity contract payment date are less than the total benefit values established under subdivision 2, paragraphs (c) and (d), the city of Columbia Heights shall transfer to the relief association an amount equal to the remaining balance of the total benefit values. The transfer must be made on or before 35 the single premium annuity contract payment date. 36 Notwithstanding any provision of Minnesota Statutes, section 3 02/19/92 08:55 [COM ] JAL LCPR92-16 1 356.24 or 356.25 to the contrary, after the single premium 2 annuity contract payment date, until the active member of the 3 relief association terminates active service, the city shall pay 4 monthly an amount equal to 35.03 percent of the monthly salary 5 of a first grade firefighter into a special escrow account 6 established for this purpose in the general fund of the city of 7 Columbia Heights. The balance of the special escrow account on 8 each December 31, or on the date of the termination of the 9 active member of the relief association from active service, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 whichever applies, must be used to purchase an additional single premium annuity contract from an eligible insurance company under the same terms and requirements as set forth in subdivision 2. (b) The city of Columbia Heights may make the transfer and subsequent payments required by paragraph (a) from any available assets of the city or from the proceeds of a municipal debt obligation issue. The finance director of the city of Columbia Heights shall establish an account on the books of the city representing the amount of any 'internal transfer. To that account must be added interest at an annual rate of five percent, expressed as a monthly amount, and compounded monthly, and the amount of monthly active member payments. The account must be reduced by any state aid amounts received on account of the Columbia Heights paid firefighters relief association and by the proceeds of a city tax levy in a dollar amount equal to the city tax levied in 1991, and payable 1992. (c) The account established under paragraph (b) must be audited annually under generally accepted accounting principles by a certified public accountant retained by the city for that purpose. A copy of that audit must be provided to the commissioner of revenue, the state auditor, and the executive 32 director of the legislative on pensions and retirement. 33 Subd. 5. [FUTURE STATE AID AMOUNTS.] (a) The city of 34 Columbia Heights must specify the portion of the fire state aid 35 apportionment under Minnesota Statutes, sections 69.011 through 36 69.051 received by the city to be transferred to the volunteer 02/19/92 08:55 [COM ] JAL LCPR92-16 firefighters relief association and to be used to defray the 1 2 pension obligation for the former paid firefighters relief 3 association. The portion attributable to the pension obligation 4 for the former paid firefighters relief association must not be 5 less than the percentage of the fire state aid received by the 6 city and allocated to the Columbia Heights paid firefighters 7 relief association for calendar year 1991. 8 (b) Until the remaining balance of the account established 9 under subdivision 4, paragraph (b) is fully eliminated, the city 10 of Columbia Heights is eligible to receive amortization state 11 aid and supplementary amortization state aid under Minnesota 12 Statutes, section 423A.02. The total amounts of aid received by 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 the city must be credited against the remaining balance of the account established under subdivision 4. Sec. 2. [EFFECTIVE DATE; LOCAL APPROVAL.] Section 1 is effective upon approval by the city council of the city of Columbia Heights and conformance with Minnesota Statutes, section 645.021. Article 2 CONFORMING CHANGES Sec. 1. Laws 1965, chapter 605, section 3 is amended to read: Sec. 3. [COLUMBIA HEIGHTS; VOLUNTEER FIREFIGHTERS RELIEF ASSOCIATION; DEFINITION OF FIREFIGHTER.] A fireman ~e~ see~s-~-~-B~-~s-~e-wh~-~s-~e~a~-en~e~e~-~n-~he-pa~ ~me-~-m~e-~f-the-~mpam~es-am~-en~a~e~-~n-the-haza~s-~f-f~e me~han~a~-~v~s~ns-~f-~he-f~e-~epa~ement-wh~-a~e-s~je~e-ts ~e-haza~sT-an~-sha~-~n~e includes all volunteer f~emem firefighters of the city not on the payroll who regularly comply with such rules as may be prescribed by the city council of Columbia Heights for service by volunteer f~emen firefighters with the fire department of the city of Columbia Heights, and who by reason of their status as such volunteer f~emem 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 36 02/19/92 08:55 [COM ] JAL LCPR92-16 firefighters are engaged in the hazards of fire fighting. Substitute~ and persons employed irregularly from time to time shall not be included. A~-pe~sons-who-a~e-membe~s-o~-~he-eo~umb~a-He~h~s-~e wh~eh-sueh-f~emen-he~e~n-may-~e-suBgeet= suBgee~-on~y-~o-the-p~ov~s~ons-of-see~on-~9= Sec. 2. Sec. 16. [VOLUNTEER RELIEF ASSOCIATION FINANCING.] The am~u~s-s~-pa~-~-~he-~um~a-He~h~s-~e-~epa~men~-~e~e~ sec~ms-~-~-B~-an~-b~-~-se~-as~e-an~-~ep~s~e~-as-a-spee~a~ ~-P~-,he-~e~e~-~-~he-s~?-~mj~e~?-am~-~sa~e~ a~e-~e~ve~-~m-pa~-~e~~ms-~m-pa~-~ememxs-sa~a~es ~m~e~-se~n-~-sha~-be-pa~-~n~-~he-a~um~-~-~he-~n~-~ Laws 1965, chapter 605, section 16, is amended to read: 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 36 02/19/92 08:55 [COM ] JAL LCPR92-16 ~he-bene~-o~-pa~-f~emen-on~y= Funds received by the city from o~he~ undedicated sources shakk must be allocated between the account for the benefit of paid ~emen firefighters and the aceoun~-fo~-~he-bene~-o~ volunteer ~emen firefi~hters relief association in such proportions as shaCk-be designated by the city council of Columbia Heights. In the event the city council shak~-a~o}~sh abolishes the volunteer branch of its fire department£ any surplus remaining in the account of the fund for the benefit of volunteer 9~emen firefi~hters after discharging all obligations to those who are volunteer members at the time of s~eh the abolition sh~ must be paid into the account ~ ~he-~ for the benefit of paid ~eme~ firefi~hters. ~n-~he ~he-e~y-e~une~-be~ween-~he-~espee~ve-aee~un~s-~f-ehe-spee~a~ f~n~-~f-~he-~e~ef-ass~e~a~n-f~-~he-~enef~-~f-~he-pa~d f~emen-an~-the-v~ntee~-f~emen~-an~ ~4~-P~-~he-paymen~-~f-neeessa~-expenses-~f-aelm~n~s~e~n~ Laws 1965, chapter 605, section 18, is amended to Sec. 3. read: Sec. 18. Subdivision 1. [SERVICE BY VOLUNTEER FIREFIGHTERS.] The provisions of this section shakk apply only to any volunteer f~eman firefighter who was a member of the Columbia Heights fire department relief association before January 1, 1965, in determining the period of service of any individual member of the association for the purpose of computation of service requirements in connection with payment of any pensions or other benefits specified by the bylaws of the relief association, or any special law provisions ~f-see~ns-~ to-Bk, service of a volunteer or paid f~eman firefighter of the fire department and membership in the relief association must be taken into account on the same basis as though this act was in existence during all of the time such service was rendered. Subd. 2. [APPLICATIONS.] All applications for benefits 02/19/92 08:55 [COM ] JAL LCPR92-16 1 he~e~n~e~-sha~ under this section must be made in writing on 2 forms supplied by the recording secretary. 3 Subd. 3. [RELIEF ASSOCIATION APPROVAL.] All applications 4 for benefits he~e~n~e~-sha~ under this section must be referred 5 to the board of trustees for disposition. No benefits or 6 pensions sha~ may be paid until the application therefor has 7 been approved by a majority vote of the board of trustees. 8 Decisions of the board shaCk-be are final as to the payment of 9 such benefits or pensions, and if the board deems it the best 10 interest of the association, it may suspend or reduce the 11 amounts of benefits or pensions hereunder. No person receiving 12 a pension sha~ may be paid any other benefits by this 13 association. 14 Subd. 4. [DEADLINE.] Applications for disability benefits 15 sha~ must be made by or in behalf of the applicant within three 16 days after the disability commences, and no disability 17 benefits sha~-Be-p~ are payable for a period covering more 18 than three days before the application is made. 19 Subd. 5. [DISABILITY.] Any active volunteer member sha~ 20 Be is entitled to disability benefits as approved herein. Any 21 s~h A member who by reason of sickness or injury resulting from 22 the discharge of h~s the person's duty as a ~em~n firefi~hter 23 for the Columbia Heights fire department sha~ is entitled to 24 receive disability compensation at the rate of $30 per week for 25 the first four weeks of disability and $25 per week thereafter 26 for the next successive 12 weeks. Ss~ The compensation shm~ 27 Be is limited to the aforesaid from any one accident; provided, 28 however, that the board of trustees may recommend that the sa~ 29 benefits be extended for an additional amount of time where it 30 deems that the disability from accidental injury is exceptional 31 and unusual. 32 Subd. 6. [DEATH.] Upon the death of any volunteer member 33 of the association, either active or retired in good standing, 34 the association shall pay to h~s the person's estate or legal 35 heirs, the sum of $500 as reimbursement of funeral expenses. 36 Subd. 7. [APPLICATION CONTENTS.] All applications for 02/19/92 08:55 [COM ] JAL LCPR92-16 1 pensions sha~ must be submitted to the board of trustees at a 2 regular or special meeting of the board. Applications 3 must be verified by an oath of the applicant and sha~ must 4 state the following: 5 (a) The age of the applicant; 6 (b) The period of service in and the date of retirement 7 (c) The length of time the applicant has been a member of 8 this association; and 9 (d) Such other and further information as the board of 10 trustees may require. 11 Subd. 8. [RETIREMENT.] Any volunteer member of this 12 association who has or may hereafter reach the age of 50 years, 13 and who has done or hereafter may do active duty for 20 years or 14 more as a member of the Columbia Heights fire department, and 15 who has been or may hereafter be a member for ten years of this 16 association, shaCk-be is entitled to a monthly pension of $40 17 per month for the first 20 years of service before retirement, 18 which said monthly pension sha~ must be increased by adding to 19 such monthly payment the sum of $2 per month for each year of 20 service over 20 years of service, before retirement, up to a 21 maximum pension of $60 per month. Provided, however, that the 22 sum of $10,000 sha~ must be held in reserve and sh~ may not 23 be-su~ee~-~o be used for such pension. 24 Subd. 9. [HONORARY MEMBERS.] (a) Any member of the 25 association receiving an honorable discharge from the fire 26 department of said city may be continued on the roll call as an 27 honorary exempt member of the association, so long as he-may 28 eon~nue the person continues to be a resident of the United 29 States. To-enthOne-any For a member to become an honorary 30 member 31 w~h?-~o-w~T~ the applicant must have served at least 15 years 32 as an active member of the fire department. Application 33 therefor must be made to the board of trustees within 60 days 34 from an honorable discharge from h~s the person's fire company. 35 (b) Honorary membership dues sha~ must have been paid or 36 must be paid upon demand, in the association, through the 9 02/19/92 08:55 [COM ] JAL LCPR92-16 1 secretary on or before the 31st day of December of each year. 2 All honorary members of the association are otherwise subject in 3 the same manner as active members to the constitution and bylaws 4 of the association. 5 Subd. 10. Any active volunteer member who has become or 6 becomes a member on or after January 1, 1965, ? notwithstanding the provisions of subdivision 1 of this section, 8 and who meets the eligibility requirements of subdivision 8 of 9 this section, shaCk-be is subject to the provisions of 10 subdivisions 2, 3, 4, and 7, and shaCk-be is eligible to receive 11 a service pensionT-wh~eh. The service pension shs~ must be 12 paid in a lump sum, in an amount not exceeding $100 per year of 13 service, to a retiring member, who qualifies for a service 14 pension by reason of having become physically disabled, as 15 certified by a physician designated by the city council of the 16 city of Columbia Heights, so that he the person cannot continue 17 with h~s the person's duties as a volunteer ~ema~ firefighter 18 of the fire department, or to a w~sw surviving spouse or minor 19 children of a deceased member who dies before reaching the age 20 of 50 years, and before rendering 20 years of active duty as a 21 volunteer f~eman firefighter. No other pension or benefit 22 sha~-Be is payable to members of the association who are 23 volunteer f~emen firefighters, provided that, if the services 24 of all volunteer f~emen firefighters are discontinued and the 25 volunteer division of the fire department is abolished by the 26 city of Columbia Heights, the volunteer f~emen firefighters who 27 are members of the association at the time of such 28 discontinuance and abolishment sha~-Be-pa~ is entitled to a 29 service pension, in a lump sum, in an amount not to exceed $100 30 per year of service rendered p~-t~-su~h before the 31 discontinuance and abolishment. 32 Laws 1965, chapter 605, section 31, is amended to Sec. 4. read: Sec. 31. 33 34 35 36 [OTHER PLAN MEMBERSHIP.] N~-f~eman-as-~ef~e~-~ ~h~s-~-sha~-~e-~-mem~e~-o~-~he-p~b~-emp~ees~-~e~emen~ ass~a~-~-~he-s~e-~-M~nnes~aT-~v~e~?-h~weve~?-~ha~ A 10 02/19/92 08:55 [COM ] JAL LCPR92-16 volunteer f~eman firefi~hter who is a full time employee of some other department or agency of the city of Columbia Heights or of some other political, subdivision of the state, may be a member of the public employees' retirement association. Laws 1975, chapter 424, section 13, is amended to Sec. 5. read: Sec. 13. 1 2 3 4 5 6 7 [RESTRICTION ON PLANS.] No new f~emen&s 8 firefighters relief association in the city of Columbia Heights 9 to provide benefits to be paid f~eme~-sha}k firefighters may be 10 established except by ~ specific enactment of the legislature o~ 11 bY-~ha~e~-amen~men~-~-~he-~h~e~-o~-~he-c~y-o~-eo~mb~ 12 13 Sec. 6. Laws 1977, chapter 374, section 39, is amended to 14 read: 15 Sec. 39. [COLUMBIA HEIGHTS, CITY OF; FIREFIGHTERS SERVICE 16 PENSIONS.] The-e~umb~a-He~gh~s-~e-~epa~me~9-~e~e~ 17 18 ~e-~o~-~he-~ene~-o~-pa~-~e~gh~e~sF-~s~-emp~o~e~-~-~he 19 ~-~f-e~mB~a-He~h~sT-~n-~-p~_~_Be~emBe~_B~?_~9~4z 20 ~h~s-~v~s~-sha~-be-~he-~n~wn-as_the_aS~mB~a_He~h~s_~e 22 ~efe~e~-t~-as-apa~-~v~s~na~--apa~_f~ef~h~e~a_means_~ 23 Pe~s~n-~eg~a~-en~e~e~-~n~-~he-pa~-~f-~he-f~e-~epm~men~ 24 ~f-the-~-as-a-pa~-f~-t~me-~e~a~-f~ef~hte~-se~-~n 25 ae~ve-du~--~he-~the~-~v~s~n-sha~-~e-~n~wn-as There is 26 established the "Columbia Heights fire department relief 27 association, volunteer division" hereinafter referred to as the 28 "volunteer division", which division sha~ must include all 29 volunteer firefighters, hereinafter called "volunteers", of the 30 city. Volunteers sha~-Be are persons who are not regularly 31 entered on the full time payroll of the fire department of the 32 city, but who regularly comply with such rules as may be 33 prescribed by the public safety director or fire chief of the 34 city upon delegation by the city council to such public safety 35 director or fire chief of the right to prescribe rules for 36 service by volunteers with the fire department of the city, and 11 02/19/92 08:55 [COM ] JAL LCPR92-16 1 who by reason of their status as such volunteers are engaged in 2 the hazards of fire fighting. 3 Sec. 7. Laws 1977, chapter 374, section 40, is amended to 4 read: 5 Sec. 40. [DISCONTINUATION OF VOLUNTEER RELIEF 6 ASSOCIATION.] See~ns-~8-~-68-sha~-n~-a~e~-any-pens~s-~ 7 ~he~-bene~s-wh~eh-have-beem-a~wed-~-wh~eh-a~e-be~n~-pa~ 8 by-~he-~mb~a-He~h~s-f~e-~epa~mem~-~e~ef-ass~e~a~m-~n~e~ 9 o~-~n-aeeo~anee-w~h-any-p~o~-~aw-~n-effee~-on-~he-~a~e-~hese 10 seeeEoms-heoome-e~6eeeEvev--Pa~meme-o~-pensEoms-am~-Beme~Ees 12 p~ovEsEoms-o6-se~eEons-~8-eo-$8v When every member of the 13 volunteer division is deceased, the funds of s~oh the division 14 shaEE must become a trust fund managed for the benefit of the 15 beneficiaries of such fund. In the event the city council sha~E 16 ahoEEsh abolishes the volunteer branch of its fire department, 17 any surplus remaining in the account of the special fund of the 18 volunteer division after discharging all obligations to all 19 members and other beneficiaries of the volunteer division shaEE 20 must he paid into the general treasury of the city of Columbia 21 Heights. 23 a~o~nb-o6-ehe-spe~EaE-6~n~-o6-ehe-paEd-dEvEsEom-m~be~ 25 e~eas~-o6-bhe-~E*yv--~pon-bhe-e66e~bEve-~abe-o6-se~eEoms-~8-~o 26 27 asso~EaeEon-ma~-he-aEEoeaee~-hy-eh~ee-6E~ehs-voee-o~-ehe-~Ee2 28 eo~n~EE-eo-ehe-~espe~Eve-a~eo~nes-o~-bhe-spe~EaE-6un~s-o~-eaoh 29 ~EvEsEon-o6-ehe-~eEEe~-asso~EaeEomv 30 Laws 1977, chapter 374, section 45, is amended to Sec. 8. read: Sec. 45. 31 32 33 34 35 36 [VOLUNTEER SPECIAL FUND.] The account in the special fund for the benefit of members of the Columbia Heights fire department relief association volunteer division special fund and-~he-spe¢iak-~und-~or-~he bene~-o~-~he-membe~s-~-~he-~o~umb~a-He~h~s-~e-~e~a~men~ 12 02/19/92 08:55 [COM ] JAL LCPR92-16 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 36 ~e~e~-assec~a~on-whe-a~e-pa~d-~emem-sha~-com~m~e-am~-sha~ be-~es~na~e~-~he-6o~umb~a-He~h~s-f~e-~epa~men~-~e~e~ ass~e~at~.n-pa~-~v~s~n-spee~a~-f~n~ continues. The funds received by e~he~-~v~s~n-~f the Columbia Heights volunteer fire department relief association from dues, fines, initiation fees, and entertainments sha~ must be kept in a fund called the general fund and may he disbursed upon a majority vote of all members of the association for any purposes authorized by the articles of incorporation and bylaws of ~th-~v*s~ms-~f the association. A~-moneys-~eee~ve~-hy-~he-assoe~a~on-wh~eh-a~e sa~a~es-sha~-be-pa~-~a~o-~he-aCso~a~-o~-~he-pa~-a~s~m spe¢~a~-~aa~-~o~-~he-beae~-o~-~he-pa~a-~eme~-oa~r--~aaas ~e¢e~vea-~om-a~-o~he~-so~¢es-ma~-be-a~¢a~ea-be~wee~-~he ~aa8-~a-s~sh-p~opo~oas-as-sha~-be-aes~gaa~ea-~om-~me-eo S~a~e-a~a-~Maas-~o~-~e-~e~e~-assos~a~oas-~eee~e~-b~-~he o~-¢hap~e~-69-o~-~e~a~e~-~a-who~e-o~-~-pa~-b~-~he-~-as-a Sec. 9. read: Laws 1977, chapter 374, section 47, is amended to Sec. 47 [CITY FUNDING.] The minimum obligation of the city of Columbia Heights to the Columbia Heights volunteer fire department relief association sha~ must be determined by the applicable provisions of Minnesota Statutes, Chapter 697-exce~-~ha~-~he no~ma~-~os~-o~-~he-pa~-~v~s~on-spe~a~-~-sha~-~e-~om~e~ as-a-pe~cenbage-o6-ehe-saEa~y-paEa-onEy-bo-members-o~-ehe-paEa Sec. 10. Laws 1977, chapter 374, section 49, is amended to 13 02/19/92 08:55 [COM ] JAL LCPR92-16 read: 1 2 Sec. 49. [MEMBERSHIP IN OTHER PENSION PLANS.] 3 Except as-p~v~e~-~-se¢~ns-~8-~-48 by specific 4 enactment of the legislature o~-B~-eha~te~-amen~ment-to-the 5 cha~e~-~-~he-~-~-e~m~a-He~h~s, no relief association 6 shall be established in the city to provide benefits for 7 firefighters. N~-pe~s~-wh~-~s-a-mem~e~-~-~he-S~m~m-~e~h~s 8 ~e-~epa~mem~-~e~e~-ass~¢~a~-pa~-~v~s~-sha~-be-a 9 10 P~v~e~?-h~weve~ A volunteer firefighter who is a full time 11 employee of some other department or agency of the city of 12 Columbia Heights, the state of Minnesota, or of some other 13 political subdivision of the state, may be a member of the 14 public employees retirement association. 15 Sec. 11. Laws 1977, chapter 374, section 51, as amended by 16 Laws 1979, chapter 201, section 39, is amended to read: 17 Sec. 51. [BENEFIT INCREASES.] 18 The Columbia Heights city council may provide for an 19 increase in benefits paid to memhe~s-~-~he-pa~-~v~s~n-~-~ 20 members of the volunteer division without further special or 21 general legislation by the state, provided the action by the 22 city council complies with the-p~ov~s~ons-of-seet~ons-~8-~o-$8 23 the applicable state law and any increase applicable to members 24 of the volunteer division complies with this act and Minnesota 25 Statutes, chapter 424A. 26 ~ee~ease-the-henef~ts-pa~-to-memhe~s-of-the-pa~-~v~s~on-onky 27 hy-~nc~eas~n~-o~-~e=~eas~mg-the-mon~h~y-sa~a~y-of-a-f~st-g~ade 29 4~47-Sect~on-9v--Noth~n~-~n-sect~ons-BS-to-69-shakk-Be-cons~ue~ 30 ~o-~ve-au~ho~zat~on-to-%he-~ty-e~um~}-to-~m~ease-~ 31 ~ec~ease-hemef~ts-of-memhe~s-~f-the-pa~-~&v~s~on-By-~n=~eas~mg 33 34 35 36 The city council sha~} may not provide for any increase in 14 02/19/92 08:55 [COM ] JAL LCPR92-16 12 13 14 15 16 17 18 19 20 ~-1 ;.2 ;-3 ~-4 25 )-7 28 29 30 32 33 1 the benefits paid to the members of the volunteer division 2 unless the city council shall first have obtained and given 3 consideration to an actuarial survey, which survey shall use the 4 actuarial assumptions provided in Minnesota Statutes, Chapter 69 5 356. The city council shall make written findings stating that 6 based upon such the actuarial survey, such the increase in 7 benefits to members of the volunteer division and such the 8 increase in funding of the volunteer division special fund, if 9 necessary, sha~k will not create a deficit in the volunteer 10 division special fund, the amortization of which, together with 11 the amortization of any existing deficit in the volunteer division special fund, exceeds 20 years from the date such the increase in benefits is authorized. It sh~-be i__s unlawful for the city of Columbia Heights to contribute any public funds, or to levy taxes for any such increase in benefits paid to members of-~he-pa~-~v~s~o~-o~-~ members of the volunteer division, as the case may be, unless the city council has first complied with the provisions of sections 50 and 51. Laws 1977, chapter 374, section 54, is amended to Sec. 12. read: Sec. 54. [SERVICE CREDIT.] For the purpose of computation of service requirements in connection with payment of any pensions or other benefits provided by sections 38 to 60~ service of volunteers who were members of the Columbia Heights fire department relief association p~o~-~o before the date sections 38 to 60 become effective an~-se~v~e-~-a~-~ ~e~h~e~s-sha~-be-~a~en-~-acc~un~-~-~he-same-~s~s_~s such-se~v~ce-was-~en~e~e~. Sec. 13. [REPEALER.] Laws 1965, chapter 605, sections 1, 2, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, 17, 19, 20, 21, 22, 23, 24, 25, as amended by 34 35 36 Laws 1975, chapter 424, section 8, 26, 27, 28, 29, and 30, Laws 1974, chapter 424, sections 1, 2, 4, 5, 9, as amended by Laws 1977, chapter 374, section 38, 10, as amended by Laws 1978, 15 1 2 3 4 5 6 7 02/19/92 08:55 [COM ] JAL LCPR92-16 chapter 563, section 29, 11, as amended by Laws 1978, chapter 563, section 20, and Laws 1981, chapter 224, section 267, 12, and 13; and Laws 1977, chapter 374, sections 48, 53, 56, 57, as amended by Laws 1979, chapter 201, section 40, 58, and 59. Sec. 14. [EFFECTIVE DATE.] Sections 1 through 13 are effective on the date that article 1, section 1, is effective. 16