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Res 1983 - 63 Approving Amendments to Bylaws of MH Volunteer Firemen's Relief AssociationCITY OF MENDOTA HEIGHTS Dakota County, Minnesota Resolution No. 83- 63 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, said amendments affect the service pension and other benefits payable from the Special Fund of the Association; and WHEREAS, pursuant to Article XI of the Bylaws of the Association, any amendment to said Bylaws which affects the service pensions or other benefits payable from the Special Fund of the Association shall not be effective until it is ratified by the governing body of the City of Mendota Heights. 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, subject to receipt of a declaratory judgment from a court of competent jurisdiction that adoption of said amend- ments to the Bylaws of the Association .(a,) shall not render the Association ineligible to receive fire state aid funds, and (b) does not violate the laws of the State of Minnesota governing service pensions and other benefits to which members of the Asso- ciation or any similar organization may be entitled. Adopted by the City Council of the City of Mendota Heights this 2nd day of August, 1983. CITY OF MENDOTA HEIGHTS By ATTEST: Its Mayor By 1taz%eledoi_it.--� C3lty Clerk 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 II, 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 of 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 -2- 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.