Res 1984 - 76 Approving Amendments to Bylaws of Mendota Heights Volunteer Firemen's Relief AssociationCITY OF MENDOTA HEIGHTS
Dakota County, Minnesota
Resolution No. 84- 76
RESOLUTION APPROVING AMENDMENTS TO BYLAWS OF MENDOTA
HEIGHTS VOLUNTEER FIREMEN'S RELIEF ASSOCIATION
WHEREAS, the Mendota Heights Volunteer Firemen's Relief Association
(the "Association") has voted to amend its Bylaws as set forth
on Exhibit "A" attached hereto and incorporated herein; and
WHEREAS, the City of Mendota Heights previously approved this
amendment, but subject to receipt of a declaratory judgment from
a court of competent jurisdiction that adoption of said amendment
to the Bylaws of the Association (A) shall not render the Association
ineligible to receive fire state aids funds; and (B) does not
violate the laws of the State of Minnesota governing service
pensions and other benefits to which members of the Association
or any other similar organization may be entitled; and
WHEREAS, Mr. Michael A. Hatch, Commerce Commissioner for the
State of Minnesota has advised that the amendment contemplated
by the Firemen as set forth in Exhibit "A" hereto is not in
violation of the laws of this State, and that if the Association
adopts said amendment, then the State of Minnesota will not
declare that the Association is ineligible to receive state aid
fire funds; and
WHEREAS, it does not appear, in light of the foregoing opinion
of Commissioner Hatch as set forth herein, that there is a
controversy between the City of Mendota Heights, the Association
and the State of Minnesota which could be presented to a court
of competent jurisdiction for resolution, and since it does not
appear that a judicial declaration can be obtained at this time
concerning whether or not the proposed amendment shall render
the Association ineligible to receive state aid fire funds, or
violates the laws of the State of Minnesota governing service
pensions and other benefits.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights, Minnesota, that the amendments to the
Bylaws of the Association, as set forth on Exhibit "A" hereto,
are hereby approved.
Adopted by the City Council of the City of Mendota Heights this
Rrh day of November, 1984.
ATTEST:
By
Cjlty Clerk
CITY OF MENDOTA HEIGHTS
By �, OWE"'
Its Mayor
EXHIBIT "A"
RESOLUTIONS
• OF
MENDOTA HEIGHTS VOLUNTEER
FIREMEN'S RELIEF ASSOCIATION
WHEREAS, pursuant to Article VIII of the Bylaws of the Mendota Heights Volunteer
Firemen's Relief Association (the "Association"), the Association maintains a service
pension plan providing for defined benefits for qualified members upon their retirement;
and
WHEREAS, the Association has determined that more favorable retirement benefits would
be available to qualified members under a defined contribution lump sum service pension,
as authorized by Minnesota Statutes, Section 424A.02, Subd. 4; and
WHEREAS, the Association therefore wishes to amend its Bylaws to provide for the
establishment of such a defined contribution lump sum service pension plan;
NOW, THEREFORE, BE IT RESOLVED that Article 11, Section 2(d) of the Bylaws of the
Association be amended to read in its entirety as follows:
(d) Retired Members. A retired member is one who has retired from the
Fire Department of this City and who has qualified for a service pension with
a minimum of ten (10) years of active service.
BE IT FURTHER RESOLVED, that Article II, Section 5 of the Bylaws of the Association
be amended to read in its entirety as follows:
Section 5. Retired members and members who are placed on deferred status
shall retain their membership regardless of change of residence, provided they
pay their dues regularly.
BE IT FURTHER RESOLVED, that Article VII of the Bylaws of the Association shall be
deleted in its entirety and the following shall be substituted in its place and stead:
ARTICLE VII
Permanent Disability
Section 1. In the event an active member in good standing becomes
permanently disabled and is, by reason thereof, incapable of continuing service
as a fireman, said member shall be entitled to receive one hundred percent
(100%) of the amounts credited to said member's individual account, as
established pursuant to Article VIII hereof, regardless of the number of years
of service completed by said member.
Section 2. Members who become disabled shall report that fact within thirty
(30) days to the Secretary of the Association, or to one of the officers thereof.
Any member suffering disability under the provisions of this Section shall
within thirty (30) days procure from the Secretary a claim form to be
completed by the member and his attending physician. The completed claim
form shall be filed with the Secretary who shall then present the same at the
next meeting of the Board of Trustees for disposition. "Permanent disability"
or capacity of said member to continue service as a fireman shall be
determined by the Board of Trustees and their medical counsel.
BE IT FURTHER RESOLVED that Article VIII of the Bylaws of the Association shall be
and is hereby deleted in its entirety and the following shall be and is hereby substituted in
its place:
ARTICLE VIII
Service Pensions
Section 1. A lump sum service pension shall be paid to members of this
Association who retire after having served at least ten (10) years of active
service with the Mendota Heights Volunteer Fire Department (or its predeces-
sor in name) (the "Fire Department").
An individual account for each member of this Association . shall be estab-
lished. Except as otherwise provided in these Bylaws, to each individual
member account shall be credited a right to an equal share of any amounts of
fire state aid received by this Association, any amounts of municipal contribu-
tions to this Association from revenue sources other than fire state aid, any
amounts equal to the share �f the assets of the Special Fund to the credit of
any former member who terminated active service with the Fire Department
prior to meeting the minimum service requirement provided in this Section 1
of this Article VIII and who has not returned to active service with the Fire
Department for five (5) years or to the credit of any retired member who
retired prior to obtaining a full non -forfeitable interest in the amounts
credited to his individual member account as set forth in Section 2 of this
Article VIII.
Section 2. When a retiring member meets the minimum service requirement
set forth in Section 1 of this Article VIII, but has not completed twenty (20)
years of service to the Fire Department, said retiring member shall be entitled
to receive upon retirement the following applicable percentage of the amounts
credited to said member's individual account for each full year of service
completed:
Completed Years of Service
Nonforfeitable Portion
of Prorata Service
Pension Amount
10 60%
11 64%
12 68%
13 72%
14 76%
15 80%
16 84%
17 88%
18 92%
19 96%
20 and thereafter 100%
Section 3. If a member of this Association shall die prior to the distribution to
him of the nonforfeitable portion of the amounts credited to said member's
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individual account, the beneficiary named in said member's Certificate shall
be entitled to receive a lump sum distribution equal to one hundred percent
(100%) of the amounts credited to said member's individual account, regardless
of the number of years of service completed by said member at the time of his
death.
In the event the named beneficiary shall have predeceased the member, or if
no beneficiary has been named in the Certificate, then the amounts credited
to the deceased member's individual account shall be paid to such deceased
• member's surviving spouse (as defined in M.S.A. 424A.05, Subd. 5) if living, or
▪ to the estate of the deceased member.
Section 4. If a member shall retire after having served a minimum of ten (10)
years of active service, but prior to attaining the age of fifty (50) years, said
member may elect to defer distribution of the nonforfeitable portion of the
amounts credited to said member's individual account until said member
attains the age of fifty (50) years, at which time the nonforfeitable portion of
the amounts credited to said member's account must be distributed.
The election , to so defer distribution of the nonforfeitable portion of the
amounts credited to said member's individual account shall be exercised in
writing and filed with the Secretary of the Association no later than thirty (30)
days prior to said member's retirement.
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