HomeMy WebLinkAbout02-10-199202/19/92 08:55
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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
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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.]
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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
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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
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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
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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.
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[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
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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
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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
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[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,
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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
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firefighters relief association and to be used to defray the
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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
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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
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[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:
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~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
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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
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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
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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.
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[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
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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.
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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~
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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
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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
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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.
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[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~
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~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
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[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
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[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