HomeMy WebLinkAbout1989-058 CCRMember Celia Scott introduced the following resolution and
moved its adoption:
RESOLUTION NO. 89 -58
RESOLUTION TO ELECT NOT TO ENFORCE THE MANDATORY RETIREMENT
AGE FOR CERTAIN VOLUNTEER FIREFIGHTERS
WHEREAS, on August 8, 1988, the City Council approved an amendment
to the bylaws of the Brooklyn Center Fire Department Relief Association (Associ-
ation) which generally permitted the Association to pay increased retirement
benefits to its members; and
WHEREAS, as a part of that amendment, the bylaws were brought into
conformity to Minnesota Statutes Section 424A.02, subd. 2, which permits the
Association to pay retirement benefits to members who accumulate less than 20
years of service; and
WHEREAS, even though benefits were generally increased following the
adoption of the bylaws amendment, the benefits for certain members who had less
than 20 years of service were slightly reduced; and
WHEREAS, specifically, those members who had accumulated more than
10 years of service, but less than 13 years with the Association, would be
adversely affected by the amendment if they chose to receive their retirement
benefits in the form of an annuity; and
WHEREAS, even though annuity benefits for these members were slightly
reduced, it was determined that the amendment would not have a negative impact
on most members of the Association since they would be permitted to continue
working for the Fire Department until they had accumulated at least 13 years of
service and they would receive greater benefits under the amendment than they
would have under the old bylaws; and
WHEREAS, two members were adversely affected by the change because
they would have reached the Fire Department's mandatory retirement age of 56
before they had an opportunity to accumulate at least 13 years of service with
the Association; and
WHEREAS, these two members were Jay Hruska and Ernest Kramer; and
WHEREAS, the City Council recognized the problem and directed the
Staff and the City Attorney to propose a solution to the problem; and
WHEREAS, the Staff and the City Attorney have recommended that the
two members be permitted to continue to work for the Fire Department beyond the
Department's current mandatory retirement age until they have accumulated enough
service credits with the Association to entitle them to benefits under the
amended bylaws which were at least equal to those provided under the former bylaws.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center as follows:
1. In order to address the inequities created by the recent
amendment to the Association bylaws, the City hereby declines
to enforce the retirement age ordinance requirement against
Association members Jay Hruska and Ernest Kramer until they
have attained benefits under the new bylaws which are comparable
to the benefits they were entitled under the old bylaws.
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RESOLUTION NO. 89 -58
2. The City's mandatory retirement age for firefighters in effect
on March 3, 1983 is hereby ratified and confirmed and that the
action taken with respect to Jay Hruska and Ernest Kramer is
unique and necessitated by the pension change rather than any
desire by the City to modify its mandatory retirement age for
firefighters.
3. The City hereby states its intent to continue to rigidly enforce
its 1983 ordinance against all other firefighters.
ATTEST: o(\
March 27, 1989
Date
f _ZZC
Clerk
Mayor
The motion for the adoption of the foregoing resolution was duly seconded by
member Todd Paulson and upon vote being taken thereon, the following
voted in favor thereof; Dean Nyquist, Gene Lhotka, Celia Scott, Todd Paulson,
and Jerry Pedlar;
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.