HomeMy WebLinkAbout[04c] Fire Relief By-LawsCTTY [)F tiT. JIriBI'H
MEETING DATE:
AGENDA ITEM:
October 1, 2009
Council Agenda Item 4 C
Fire Relief By-Laws: Requested Action: Authorize the
Mayor and Administrator to execute the reinstated By-Laws changing the definition of surviving spouse.
SUBMITTED BY: Administration/Fire Relief Association
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The St. Joseph Fire Relief Association
will be meeting on Tuesday, September 29 to formally approve the restated by-laws.
PREVIOUS COUNCIL ACTION:
BACKGROUND INFORMATION: The St. Joseph Fire Relief Association is the Pension fund for the Fire
Department. The Pension Fund is managed by the State of Minnesota and annually the Fire Relief must
submit a copy of the By-laws along with the required financial reports. In the 2008 Legislative Session
the definition of surviving spouse was changed and the State has notified the Relief Association that St.
Joseph must update the by-laws to reflect this change. I have attached the email regarding the required
change for your information. This is the only change that is being considered and the City does not have
a choice in the matter. In fact, currently the by-laws are inconsistent with the State Law. Cities are
being requested to have the change completed no later than October 16, 2009. This item has been
placed under the consent agenda as it is a mandatory and has no financial impact to the City.
St. Joseph Township will be executing the document on Monday, September 28, 2009.
BUDGET/FISCAL IMPACT: None.
ATTACHMENTS: Restated By-laws; email to Keith Simon
REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the reinstated By-
Lawschanging the definition of surviving spouse.
Preview
Page 1 of 1
g
Date: Monday, August 24, 2009 8:00 AM
From: Michael Johnson <mjohnson@osa.state.mn.us>
To: ksimon@charter.net
Cc: Jandj_prom@yahoo.com
Subject: Saint Joseph Fire Relief Association
Dear Mr. Simon,
Thank you for submitting the Saint Joseph Fire Relief Association's 2008
reporting year forms. Your assistance is appreciated. Upon a review of the
forms, two items were identified that require further attention.
First, we are collecting signed Broker Certification forms from all relief
associations that use the services of a broker/advisor. I have attached a copy
of the Broker Certification Form for your convenience. Please forward a copy of
your relief association's signed Broker Certification form to my attention.
Second, please note that the definition of a "surviving spouse" was changed
under state law during the 2008 legislative session. Article III, Section 1 of
your relief association's bylaws currently contains a surviving spouse '
definition that is inconsistent with the new statutory definition. The new
statutory definition of a "surviving spouse" is the spouse of a deceased member
who was legally married to the member at the time of death. A sample bylaw
provision is attached that can be modified within state law to address any
unique requirements of your relief association. Please amend your relief
association bylaws to comply with these new statutory requirements and submit a
copy of the amended bylaws along with the applicable approvals to my attention.
Please provide notification by email or letter that confirms your relief
association's intent to promptly amend the bylaws and include a specific time
frame by which the bylaw changes will be completed.
If you have questions, please contact me at (651) 262-5430 or by email at
michael.a.iohnson@state.mn.us. Items can be faxed to (651) 2B2-5298 if desired.
Sincerely,
Michael Johnson
Pension Analyst
Office of the State Auditor
Caution: This e-mail may contain CONFIDENTIAL information or information
protected by state or federal law. If you have received this e-mail by mistake,
please do not read, distribute, or reproduce it (including any attachments).
Please notify us immediately by return e-mail, and then delete it from your
system. Thank you.
'.~ Broker Form (BC-1) -Volunteer Fire Plans.pdf
''.~ Appendix K -Surviving Spouse.pdf
http://ssomail.charter.net/do/mail/message/preview?msgId=INBOXDELIM 10769&1=en-U... 8/26/2009
The Restated Bylaws of the
St. Joseph Volunteer
Fire Department Relief Association
October 1, 2009
ARTICLE I -NAME
Section 1.1 Name. The name of this association is the St. Joseph Volunteer Fire Department Relief
Association.
ARTICLE II -PURPOSE
Section 2.1 Puroose of Association. This instrument constitutes the Bylaws of the St. Joseph
Volunteer Fire Department Relief Association, hereinafter referred to as "Association," adopted for the
purpose of regulating and managing the internal affairs of the corporation and shall serve as the written
pension plan for the relief association. The Association is a governmental entity that receives and
manages public money to provide retirement benefits for individuals providing the governmental services
of firefighting. The objectives of the plan shall be to provide service pensions and ancillary benefits to
members and dependants of the City of St. Joseph Municipal Fire Department, hereinafter "Fire
Department". All benefits issued by this association shall be governed by these bylaws and federal and
state laws.
ARTICLE III -GENERAL DEFINITIONS AND SERVICE PROVISIONS
Section 3.1 Surviving spouse. The term "surviving spouse" means any person who was-t#e
.Legally married to the member at the time
of death.
Section 3.2 Fiduciary resoonsibility. In the discharge of their respective duties, the officers and
trustees shall be held to the standard of care and all other statutory requirements enumerated in Minn.
Stat. S356A et. seq. No trustee of the Association shall cause the relief association to engage in a
transaction, if the fiduciary knows or should know that a transaction constitutes one of the following direct
or indirect transactions.
a. sale or exchange or leasing of any real property between the relief association and a
board member;
b. lending of money or other extension of credit between the relief association and a
board member or member of the relief association;
c. furnishing of goods, services, or facilities between the relief association and a board
member; or
d. transfer to a board member, or use by or for the benefit of a board member, of any
assets of the relief association. Transfer of assets does not mean the payment of
relief association benefits or administrative expenses permitted by law.
Section 3.3 Beneficiary. Pursuant to Minn. Stat. S424A.05, the beneficiary under this plan, that is
entitled to receive a benefit following the death of an active, disabled, deferred or early vested member.
The benefit shall be paid to the following persons, in the following succession
a. The surviving spouse, if no surviving spouse,
b. The surviving child or children in equal shares, and if no surviving child or children,
c. Any ancillary survivor's benefit shall be paid to the beneficiary identified in writing, on
forms supplied by the Secretary, and if no beneficiary is identified,
d. To the estate, as a funeral benefit.
Section 3.4 Board of Trustees. The Board of Trustees of the Association as specified under Minn.
Stat. S424A.04. There shall be three ex-officio members. The three ex officio trustees shall be the mayor,
the city finance director, and the chief of the municipal fire department.
Section 3.5 Breaks in Service. A period of time in which the member does not comply with the active
service requirements of this association or the fire department. Any member returning from a break in
service must remain in active service equal in time to the break in service in order to qualify for any
pension increases having occurred during the time. If this requirement is not met prior to the individual's
resignation, the retirement benefits will revert to those in effect at such time the break in service began. A
break in service does not include an approved leave of absence, pursuant to these bylaws, the Fire
Department's Standard Operating Procedures or state/federal law.
Section 3.6 Year of Active Service. For purposes of computing benefits, service pensions payable or
calculating vesting requirements, a year of service shall be defined as a period of 12 full months of active
service in the Fire Department. Service pensions will be prorated monthly for fractional years of service
pursuant to Minn. Stat. S 424A.02, Subd. 1.
Section 3.7 Active service. The active performance of fire suppression duties or the supervision of
fire suppression duties. The performance of suppression or supervision of fire suppression duties
includes meeting the requirements of Fire Department's Standard Operating Procedures and Rules and
Regulations. Annually, the fire chief shall submit a written certification to the board of trustees that shall
certify members' active service. Such certification shall be required to be submitted for approval by the
board of trustees, by January 30 of each year.
Section 3.8 Trustees. The individuals designated as such by Minn. Stat. S424A.04 and by virtue of
elected office, those that qualify as the ex-officio trustee.
Section 3.9 Domestic Relations Order. Any judgment, decree or order (including approval of a
property settlement agreement) that complies with the provisions of Minn. Stat. SSS518.58, 518.581, or
518.611.
ARTICLE IV -MEMBERSHIP
Section 4.1 Eligibility for Membership. Any regular active member of the St. Joseph Volunteer Fire
Department are eligible for membership in this Association. Members of the Fire Department shall not
apply for active membership status until they have completed their probationary period. Upon approval of
the member's application, such member shall accrue service credit for all active service while in
probationary status.
Section 4.2 Application for Membership. Application for membership may be made at any regular or
special meeting of the Board of Trustees, and then laid over for one month for consideration. The
application shall be reviewed for compliance with state statutory and plan requirements. If approved, the
applicant shall be entered on the membership rolls.
Section 4.3 Resignation of Expulsion. Resignation or expulsion from the St. Joseph Volunteer Fire
Department or moving from the vicinity of St. Joseph to take up residence elsewhere, shall terminate
membership of the member so resigning, expelled, or removing; provided however that any member who
has served for at least the minimum number of years required by Article 9 of these bylaws for vesting of
pension rights as an active member of the St. Joseph Volunteer Fire Department shall retain his
resignation, expulsion, or removal, subject to regulations which may be imposed from time to time.
ARTICLE V -BOARD OF TRUSTEES
Section 5.1 Board Composition. The Board of Trustees shall be composed of the following: a
President, a Vice President, a Secretary, a Treasurer, and 2 general trustees, each of whom shall be
elected and qualified, at the annual meeting of the Association from its members, and in addition, the
statutory ex-officio members; the Chief of the St. Joseph Volunteer Fire Department, the Mayor, and the
City Clerk/Administrator of the City of St. Joseph.
Section 5.2 Elections. At the annual election, two (2) general trustees shall be elected for terms of
one (1) year. The president and the treasurer shall be elected for two (2) year terms, in even numbered
years. The Vice President and Secretary shall be elected for two (2) year terms in odd numbered years. If
a vacancy occurs during the term of office of any officer or general trustee, the remaining members of the
board of trustees shall elect a member of the Association to serve for the unexpired term of the vacated
position.
ARTICLE VI -DUTIES OF OFFICERS
Section 6.1 President's Duties. It shall be the duty of the President to attend and preside at all
meetings of the Association and the Board of Trustees. The President shall enforce the due observance
of the Articles of Incorporation and the Bylaws and see that the officers properly perform the duties
assigned to them. The President shall sign all papers requiring signature. The President shall be a
member of all committees and shall exercise careful supervision over the affairs of the association.
Additionally, the President shall receive such salary as may be fixed from time to time by the Board of
Trustees, subject to approval of the association, and payable from the Special Fund of the association.
Section 6.2 Vice President's Duties. In the absence of the President, the Vice President shall perform
the duties of the President. In the absence of both the President and the Vice President it shall be the
duty of the Association to elect a President pro tem, who shall perform the duties incident to the office.
Section 6.3 Secretary's Duties. It shall be the duty of the Secretary to keep a true and accurate
record of the proceedings of all meetings of the association and of the Board of Trustees, The Secretary
shall keep a correct record of all amendments, alterations and additions to the Articles of Incorporation
and Bylaws in a separate book from the minute books of the association. The Secretary shall cause due
notice of all special meetings of the Association and of the Board of Trustees to be given. The Secretary
shall keep a roll of membership with the date of joining, resignation and discharge. The books shall be, at
all times, open to inspection by the Board of Trustees. The Secretary shall prepare and file all reports and
statements required by law. Also, the Secretary shalt receive such a salary as may be fixed from time to
time by the Board of Trustees, subject to approval of the association, and payable from the Special Fund
of the Association
Section 6.4 Treasurer's Duties. It shall be the duty of the Treasurer to receive all monies belonging to
the Association and hold them subject to the order of the President. The Treasurer shall keep separate
and distinct accounts of the General and Special funds, and shall prepare and present to the Board of
Trustees a full and detailed statement of the assets and liabilities of each fund annually. Failing in
obligation the Treasurer may be impeached and expelled from the Association. The Treasurer shall
deliver to his/her successor in office, or any committees appointed by the Board of Trustees to receive the
same, all monies, books, papers, etc. pertaining to said office immediately upon the expiration of said
term of office. The Treasurer shall prior to entering upon the duties of his office, give a bond equal to at
least 10% of the assets of the Association; however, the amount of the bond need not exceed $500,000.
The bond shall be payable from the special fund of the Association. Jointly with the Secretary, the
Treasurer shall prepare and file all reports and statements required by law. The Treasurer shall receive
such salary as may be fixed by the Board of Trustees from time to time, subject to approval of the
association, and payable from the Special Fund of the Association. In the absence of the Treasurer, the
President shall be an alternative signature for the purpose of issuing funds.
ARTICLE VII -MEETINGS
Section 7.1 Annual Meeting. The annual meeting of the Association for the election of officers and
trustees, and other business shall be held on the 2nd Tuesday of January in each year. If such day falls
on a holiday, such meeting shall be on the next following Tuesday.
Section 7.2 Board Meetings. The Board of Trustees shall meet at least four (4) times during the year.
Section 7.3 Special Meetings. Special meetings of the association or the Board of Trustees may be
called by the President, or two members of the Board of Trustees, and shall also be called upon written
request of six (6) or more members of the Association. Members or trustees shall be notified by the
Secretary of such special meetings, and the subject of the meeting shall be stated in such notice.
Section 7.4 Quorum. A majority of the Board of Trustees then in office and forty percent (40%) of the
members of the Association shall constitute quorum for the transaction of business at their respective
meetings. Less than a quorum may adjourn a meeting to a future time, which the Secretary shall make
known to all affected members.
Section 7.5 Parliamentary Procedure. All meetings shall be conducted in accordance with Robert's
Rules of Order, as revised.
Section 7.6 Order of Business.
1. Call to Order
2. Roll Call
3. Reading of minutes of previous meeting
4. Reading of Reports and Minutes of the Board of Trustees' Meeting
5. Reports of Officers
6. Propositions for Membership
7. Reports of Special Committees
8. Balloting of Members
9. Unfinished Business
10. Election of Officers and Trustees (Annual Meeting)
11. New Business
12. Adjournment
Section 7.7 Location of Board~Meetings. A meeting of the Board of Trustees shall be held at the
registered office of the Association in the City of St. Joseph unless noticed for another place within the
state, as designated by the board.
Section 7.8 Meeting Notices. A notice of every board of trustees meeting shall be sent or delivered by
the Secretary to each trustee including ex-officio trustees, at least 5, but not more than 30 days, before
the meeting, excluding the date of the meeting. Such notice shall set forth the date, time, place, and in
case of a special meeting, the purpose.
Section 7.9 Closed Meetings. The Board, at its discretion, may, determine the necessity to close
meetings to the membership and/or general public for purposes of conducting business related to
pending legal action, personnel matters or such other issues as permitted by Minn. Stat. -13D.01.
ARTICLE VIII -DUES, DUTIES AND RIGHTS OF MEMBERSHIP
Section 8.1 Member Fraud. Any member who shall, in the opinion of a majority of the Board of
Trustees, fraudulently claim benefits from, or defraud or attempt to defraud the association in any way,
shall be suspended from membership by the Board and shall forfeit all further rights to benefits from the
Association.
Section 8.2 Reinstatement Procedure. Any suspended member can only be reinstated upon their
application therefore in writing, presented at a regular or special meeting of the Association, accompanied
by a sum of money equa{ to what they would have been required to pay the Association during the period
of suspension had they not been suspended, plus a reinstatement fee of $5.00 upon the favorable vote of
two-thirds (2/3) of the members present and voting as such meeting. If the application for reinstatement is
rejected, the money accompanying the same shall be returned to the applicant.
Section 8.3 Voting. Each member shall be entitled to one vote on any matter voted upon by the
membership. Voting by proxy is not permitted. All votes, unless specific prior to the vote, shall be
conducted by voice vote. If a majority cannot be determined by voice vote, the Officer in charge of the
vote shall ask for a show of hands.
ARTICLE IX -INVESTMENTS
Section 9.1 Fiduciary Duties. Trustees shall discharge their duties in good faith and with that
diligence and care which an ordinarily prudent person would exercise under similar circumstances.
Section 9.2. It shall be the duty of the Board of Trustees to prepare modes and plans for the safe and
profitable investment of the unappropriated funds of the Association and whenever investments are
made, to investigate and pass upon the securities offered and to attend to the drawing and execution of
necessary papers. The Board shall order an audit of the books and accounts of the Secretary and the
Treasurer annually, according to law, and shall submit a written report of the condition of the Association
to the members at the annual meeting. The investment of the funds of the Association shall be in the
exclusive control of the Board of Trustees, in conformance with state statutes, the bylaws, and the
investment policy attached hereto. The Board of Trustees shall meet with the Investment Committee. The
members of the Board shall act as Trustees with a fiduciary obligation to the State of Minnesota, to the
City of St. Joseph and the members of the Association.
Section 9.3 Investment Committee. The Board of Trustees may designate two or more Association
members to sit on an investment committee. The treasurer, the president and an ex-officio member shall
sit on the committee. The investment committee shall investigate and make recommendations to the
board of suitable investments for Association funds among those permitted by Statute, the bylaws and the
investment policy attached hereto.
Section 9.4 Broker's Certification. The board of trustees shall comply with Minn. Stat. S356A.06,
Subd. 8b that requires the relief association to provide annually to any brokers, a written statement of
investment restrictions pursuant to statute or the investment policy that apply to the special fund. Upon
receipt of the written statement of investment restrictions, each broker handling investments of the
Association shall acknowledge, in writing annually the receipt of the investment restrictions. The
acknowledgment shall contain a statement of the broker's agreement to handle the Association's
investments pursuant to the written restrictions.
Section 9.5 Continuin4 Education. The board of trustees shall develop and periodically revise a plan
for continuing education for all members and officers of the board of trustees in order to ensure that
trustees keep abreast of their fiduciary responsibilities. New trustees shall be required to complete twelve
(12) hours of continuing education in the trustee's first year of office. Thereafter, trustees shall comply
with the board's plan for continuing education.
Section 9.5 Consultant Certificate of Insurance. Before hiring or contracting with a consultant, the
Board of Trustees of the relief association must obtain a copy of the consultant's certificate of insurance.
A consultant is an individual or firm providing legal or financial advice, including an actuary; attorney;
accountant; investment advisor, manager, counselor, or investment manager selection consultant;
pension benefit design advisor or consultant; or any other financial consultant.
ARTICLE X -FUNDS
Section 10.1 Funds. All money received from the Association shall be kept in two separate funds.
Disbursements from the funds shall be in accordance with Minnesota Statutes and the bylaws of the
Relief Association.
Section 10.2 General Fund. The funds received by this Association from dues, fines, initiation fees,
entertainment's, and other miscellaneous sources shall be kept in the General Fund of the Association on
the books of the Secretary and Treasurer and may be disbursed for any purpose reasonably related to
the welfare of the Association or its members.
Section 10.3 Funds received by this Association qualifying as state aid received pursuant to law, all
taxes levied by or other revenues received from the city pursuant to law providing for municipal support
for the relief association, any moneys or property donated, given, granted or devised excluding fundraiser
proceeds, by any person which is specified for the use for the support of the Special Fund, and any
interest earned on the assets of the Special Fund, shall be accounted for, in the Special Fund. Any of the
above mentioned revenue sources which may be directly deposited, donated or transferred to said fund,
shall be kept in a separate account on the books of the Treasurer known as the Special Fund and shall
be disbursed only for the following purposes.
a. Payment of members' service pension benefits in accordance with these bylaws;
b. Payment of ancillary benefits in accordance with these bylaws;
c. Administrative expenses as limited by Minn. Stat. §69.80;
d. All other expenses of the Association shall be paid out of the General Fund.
Section 10.4 All money belonging to the Association shall be deposited to the credit of the Association
in such banks, trust companies, or other depositories as the Board of Trustees may designate. The board
of trustees shall make deposits in conformance with state statute and the investment policy, attached
hereto.
Section 10.5 Limitation on Special Fund Disbursements. No money or funds of the Special Fund of the
Association shall be disbursed except for those purposes specifically authorized by state statutes.
Section 10.6 Limitation on General Fund Disbursements. No money or funds of the General Fund of
the association shall be disbursed for any purpose not herein provided for, unless authorized by the
favorable vote of 2/3 of the members present at a regular or special meeting of the association.
ARTICLE XI -APPLICATION FOR BENEFITS
Section 11.1 Applications for Service Pensions. All applications for pension benefits shall be made in
writing on forms furnished by the Secretary.
Section 11.2 Process for Submitting All Applications. All applications for pensions shall be submitted to
the Board of Trustees at a regular or special meeting of the board. Applications shall be verified by an
oath of the applicant and shall state the age of the applicant, the period of service in, and the date of
retirement from the Fire Department, the length of time the applicant has been a member of the
Association, and such other information as the Board of Trustees may require.
Section 11.3 Approval by Board of Trustees. No ancillary benefits or pensions shall be paid until the
application therefore has been approved by a majority vote of the Board of Trustees. Decisions of the
board shall be final as to the payment of such benefits or pensions. Except that decisions of the board
shall be appealable in accordance with Article XVII -Procedure for Review. No person receiving a
pension shall be paid any other benefits by the association.
Section 11.4 Notice of intent to retire. It shall be the duty of each member who intends to retire and
request a service pension from the association, to file a notice of intent to retire. Such notice shall be in
writing and sha11 be filed the Secretary not less than 6 months (180 days) prior to the date of retirement
and submission of application for service pension. Upon receipt of a notice of intent to retire, the
Secretary shall provide any notices to the applicant as required by state or federal law with respect to
pension or benefit payments.
ARTICLE XII -SERVICE PENSIONS
Section 12.1 Lump Sum Service Pension. The exclusive pension benefit provided by the Association
shall be a defined benefit lump sum service pension that is paid based on the member's year of active
service. Upon meeting the requirements in Section 2 of this article, the member shall be paid the base
sum for each year that the member has served as an active member of the fire department. The base
sum for purposes of pension benefits or other benefits as allowed by these bylaws, shall be as stated in
Appendix A which is incorporated into these bylaws by reference herein.
Section 12.2 Service Pension Eligibility. To be eligible to receive a service pension a member must
meet all of the following requirements.
a. Be at least 50 years of age;
b. Have retired from the Fire Department of the municipality;
c. Have completed at least 10 years of active service with such department before
retirement; and
d. Have been a member of the Association in good standing at least 10 years prior to
such retirement.
ARTICLE XIII -ANCILLARY BENEFITS
Section 13.1 Survivor's Benefit. Following the receipt of a lump sum death benefit neither a member's
surviving spouse or estate is entitled to any other or further financial relief or benefits from the
Association. A member's Beneficiary shall be eligible to receive a benefit upon the death of a deferred,
disabled, active, or retired Member who has not yet received his or her full retirement benefit.
a. Upon the death of an active member or disabled member who has not yet received
his or her disability benefits, who is in good standing, the association shall pay to the
member's benefit, the base sum for each year of active service that the member
served as an active member of the fire department.
b. In the event that the death occurs after the member has terminated or retired from
the Fire Department, only the vested portion of the pension, as determined under
Article XV, shall be distributed.
c. In no circumstances, shall the member's survivor's benefit be less than the base sum
multiplied by five years.
Section 13.2 Permanent Disability Benefits. A member who is permanently disabled from being an
active firefighter on the Fire Department may be eligible for a disability benefit in lieu of retirement. Upon
approval of the Board of Trustees pursuant to this section, the following disability benefits will apply. A
member who is permanently disabled with aservice-related disability shall be eligible to collect a disability
benefit in an amount equal to the member's full years of active service on the Fire Department multiplied
by the base sum pension benefit. The member shall be eligible to receive the disability benefit
immediately upon approval of the Board of Trustees.
a. Limits. Any such disability benefit paid in accordance with this section shall be in lieu
of all rights to further service pension and survivor's benefit.
b. Disability defined. Disability is defined as the inability to engage in pertormance of
his\her duties as a firefighter by reason of a medically determinable physical or
psychological impairment that is certified by a physician, surgeon or chiropractor
acceptable to the board of trustees, which can be expected to fast for a continuous
period of not less than twelve months or can be expected to result in death.
c. Reports Required. No member shall be paid disability benefits except upon the
written report of a physician, surgeon or chiropractor of the member's choice. This
report shall set forth the diagnosis and prognosis of the disability, disease or injury of
the member. Each such report shall be filed with the association.
d. Procedure. All applications for disability benefits shall be made within six months
after such applicant has ceased to be an active member of the fire department.
Written application shall be made to the Board setting out the nature and cause of
such disability. This application shall be under oath by the member or his or her
immediate family. The application shall be tabled until the next meeting so that the
applicant may be examined by a physician, surgeon or chiropractor of the member's
choice. The physician, surgeon or chiropractor shall submit a written opinion
concerning the diagnosis and prognosis of the applicant's disability and its probable
duration of permanence. The Board of Trustees has the discretion to request that
another doctor, selected by the board, examine the applicant. Final determination of
disability will be based on the reports of at least one doctor and by a 2/3 majority vote
of a quorum of the Board of Trustees present at the subsequent association meeting.
e. Proof of disability. An applicant shall not be considered under a disability unless the
member furnishes adequate proof of the existence thereof. An applicant's statement
as to pain or other symptoms will not alone be conclusive evidence of disability as
defined in this section.
f. Deduction from pension. If the disabled member subsequently recovers and returns
to active service on the fire department, any amount paid to him as a disability
pension shall be deducted from his service pension.
g. Grievance Procedure. If the applicant for disability benefits feels the he/she has been
aggrieved by any action of Board, the member shall, within thirty (30) days from
notice of such action of the Board, file written objections and the reasons thereof with
the Board and shall be allowed to appeal the determination pursuant to the
Procedure for Review in Article XVII of these bylaws.
ARTICLE XIV -TIMING AND MODES OF DISTRIBUTION
Section 14.1 Choices at Retirement. Because of the varying circumstances in each member's
retirement planning, optional benefit payment methods are offered. Selection should occur after
consultation with a tax consultant, insurance and/or estate planner, or an attorney. Alternate payment
methods on the Application Form shall include:
a. A single lump sum check payment payable to the eligible retiree.
b. Lump Sum payment by the Association to a recognized insurance carrier licensed to
do business in this state and approved for this product by the Commerce
Commissioner under Minn. Stat. §60A.40.
c. Rollover to an IRA account pursuant to Article XIV, Section 2.
Section 14.2 Rollover Ootion. Upon written request from the retiring member who has given proper
notice of retirement, the Secretary or Treasurer shall directly transfer the service pension amount into an
Individual Retirement Account under Section 408(a) of the Internal Revenue Code, as amended.
ARTICLE XV -EARLY VESTING PROVISION
In the event a member with ten years or more but less than twenty years of active service on the Fire
Department resigns or otherwise becomes a nonmember, that person shall be entitled to the following
benefits that represent the non-forfeitable portion of.
Completed Years of Service
10
11
12
13
14
15
16
17
18
19
20 and thereafter
Non-forfeitable Percentage of Pension Amount
60 percent
64 percent
68 percent
72 percent
76 percent
80 percent
84 percent
88 percent
92 percent
96 percent
100 percent
ARTICLE XVI -DEFERRED PENSION STATUS
Section 16.1 Deferred pension rolls. A member of the Association who has served as an active
firefighter in the Fire Department for at least ten (10) years, but has not reached the age of 50 years, may
retire from said fire department and be placed on the deferred pension roll. Upon reaching the age of 50
years, and provided that membership in the Association has been maintained for at least ten (10) years,
upon approval of a valid written application therefore, such member shall be paid the base sum for each
year of active service in said fire department as was payable at the time of retirement from active service
in said fire department and reduced pursuant to the early vesting schedule in Article XV. A member who
is on the deferred pension roll shall not be eligible to receive any of the ancillary benefits provided for in
these By-laws except those that are specified in section 3 of this article.
Section 16.2: Interest Paid on Deferred Accounts. The association shall, annually, add to the deferred
member's account, such interest, compounded annually, at the rate actually earned on the assets of the
Association Funds, but not to exceed 5% per year. Interest will be paid from the first day of the month
next following the date on which the member separated from active fire department service and relief
association membership, whichever is later, to the last day of the month immediately before the month in
which the deferred member becomes eligible to begin receipt of service pension and applies for the
deferred service pension.
Section 16.3 Ancillarv Benefits. If the member dies while on the deferred pension roll and that benefit
is yet unpaid, the total deferred pension applicable at the time of death shall be paid to the member's
beneficiary in accordance with Article XIII -Ancillary benefits.
ARTICLE XVII -PROCEDURE FOR REVIEW
Section 17.1 Right to Appeal. In the event that the Board of Trustees denies an application for a
service or ancillary pension benefit, the member shall be entitled to the right to appeal the determination
Section 17.2 Procedure for Requesting Appeal. If an application is not approved, the board shall return
the application to the applicant within 30 days, noting thereon, with particularity, which requirements the
applicant does not meet. Thereafter, the applicant shall be furnished with the opportunity to be heard by
the full board, on the question of whether the applicant meets all of the eligibility requirements. The
member shall indicate that the member intends to appeal by furnishing the board with a written intent to
appeal that is filed with the Secretary of the association within 30 days of receiving an adverse
determination. The intent to appeal shall be certified, in writing, by the member.
Section 17.3 Board Procedure for Review. Upon receipt of the written intent to appeal, the Board of
Trustees shall hold a special meeting within 60 days of receipt of the written intent to appeal. Timely
notice of the meeting shall be given to the member at least 15 days prior to the special meeting. The
member shall have the reasonable opportunity to be heard by the Board of Trustees at the special
meeting with regard to the negative determination. The board reserves the right to engage the services of
a mediator or arbitrator, acceptable to both parties, at any time during the appeal. The mediator or
arbitrator shall be selected from the Rule 114 Supreme Court Roster. The cost of the mediator or
arbitrator shall be split in half among both parties.
ARTICLE XVIII -LIMITS ON BENEFITS
Section 18.1 Domestic Relations Order. A domestic relations order shall be accepted by the plan
administrator if in compliance with state and federal law. No benefits shall be paid under a domestic
relations order which requires the plan to provide any type or form of benefit, or any option, not otherwise
provided under the Plan or under state law.
Section 18.2 Garnishment, iudgment or legal process. No service pension or ancillary benefits paid or
payable from the special fund of a relief association to any person receiving or entitled to receive a
service pension or ancillary benefits shall be subject to garnishment, judgment, execution, or other legal
process, except as provided in Minn. Stat. §§518.58, 518.581, or 518.611.
Section 18.3 Assignments. No person entitled to a service pension or ancillary benefits from the
special fund of a relief association may assign any service pension or ancillary benefit payments, nor
shall the association have the authority to recognize any assignment or pay over any sum which has
been assigned.
Section 18.4 Limitations on Ancillarv Benefits. Following the receipt of a lump sum death benefit
neither a member's surviving spouse or estate is entitled to any other or further financial relief or benefits
from the Association.
Section 18.5 Benefit amount limitation. No provision, which places limits on benefits, as contained
within Section 415 of the Internal Revenue Code shall be exceeded. Plan participants cannot receive an
annual benefit greater than the amount specified in Section 415 of the code as may subsequently be
amended.
ARTICLE XIX -AMENDMENTS
Section 19.1 The bylaws of the Association may be amended at any regular or special meeting thereof
by a favorable vote of 2/3 of the members present and voting, provided that a quorum is present; and
provided further that notice of any proposed amendment or amendments shall be given by reading the
same at a regular or special meeting not more than 31 days next preceding the date upon which such
amendment or amendments are to be acted upon, and that a notice be mailed to each member at the last
known address not less than 10 days prior to such meeting; and provided further, that if such amendment
or amendments shall change the amount of benefits or pensions, approval of the St. Joseph City Council
must be obtained if a municipal contribution is required to fund such change
Approved by the St. Joseph Volunteer Fire Relief Association this day of , 2009.
ATTEST
John Prom, Secretary
Approved by the City of St. Joseph this
ATTEST
Brian Orcutt, President
day of , 2009.
Alan Rassier, Mayor
Judy Weyrens, Administrator
Approved by the Township of St. Joseph this day of , 2009.
ATTEST
Jeff Janssen, Township Chair
Anna Reischl, Clerk
Appendix A -Base Sum
Effective January 25, 2006, the St. Joseph Fire Relief Association shall pay to each member of the St.
Joseph Volunteer Fire Department the base sum of$1,800 for each year that the member has served as
an active member of the St. Joseph Volunteer Fire Department