Loading...
HomeMy WebLinkAbout1981-029 CCRMember Celia Scott introduced the following resolution and moved its adoption: RESOLUTION NO. 81 -29 RESOLUTION APPROVING AMENDMENTS TO THE BYLAWS OF THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION WHEREAS, on May 24, 1967 "an act relating to the F:iremen's Relief Association of the City of Brooklyn Center; providing certain benefits for volunteer firemen and their survivors; authorizing tax levies; providing for the administration of the fund" was signed into law; and WHEREAS, on June 12, 1967 the City Council enacted Resolution No. 67 -189 approving the provisions of the act; and WHEREAS, the act provides, among other things that the bylaws of the Fire Relief Association, and any amendments thereto, shall not be effective unless approved by the City Council of Brooklyn Center; and WHEREAS, on January 22, 1969 the City Council enacted Resolution No. 69 -38 approving the bylaws of the City of Brooklyn Center Fire Department Relief Association and subsequent to that date has approved amendments to the bylaws on March 30, 1970, February 25, 1974, and May 22, 1978; and WHEREAS, Minnesota Laws of 1979, Chapter 201 superseded pension benefit maximums contained in Brooklyn Center's special legislation found in laws of 1978, Chapter 683 and Laws of 1967, Chapter 815 and authorizes the City Council to set benefits within statutory maximums as set forth in Minnesota Statutes 79 -201; and WHEREAS, the membership of the Brooklyn Center Fire Department Relief Association has initiated action to amend the bylaws of the Association to authorize increased benefits within statutory limitations; and WHEREAS, the City Council has considered the request for increased benefits and has determined that the increased benefits are to be granted; and WHEREAS, the City Council has considered the request for the amend- ments to the bylaws and has determined that they be made: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the bylaws of the City of Brooklyn Center Fire Department Relief Association are hereby amended as follows: (the text of the amended bylaws will be attached to this resolution and be a part thereof.) .RESOLUTION NO. 81 -29 January 26, 1981..�� Date Mayor. ATTEST: I��C'yz CC Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. L_J J 1 -26 -81 BYLAWS THE CITY OF BROOKLYN CANTER FIRE DEPARTMENT RELIEF ASSOCIATION ARTICLE I. OFFICERS, TRUSTEES, AND CCnUT Section 1. Board of Trustees. The Board of Trustees shall be composed of the President, Vice- President, Secretary and Treasurer of this Associ- ation, and two trustees elected in the same manner as the officers of the Association. [The Board of Trustees shall annually appoint two additional trustees, who shall be retired members of the City of Brooklyn Center Fire Department Relief Association.] The Board of Trustees shall also include the Mayor, Clerk, and Fire Chief of the City of Brooklyn Center, who shall serve as ex- officio members. The ex- officio members shall not serve as officers of the Board of Trustees. Section 2. Term. Each officer shall hold office for the term of two years and until the officer's successor has been elected and has qualified. Each elected trustee who is not an officer shall hold office for the term of two years, and such terms shall expire in alternate years. Section 3. Election. Each officer and each elected trustee shall be a member of the Association. The Secretary and Treasurer shall be elected at the regular annual meeting, and the President and Vice- President shall be elected at the regular annual meting in the alternate year. Section 4. Vacancies. Vacancies in office or any other vacancy on the Board of Trustees shall be filled by appointmnt by the remaining members of the Board for the unexpired portion of the term. Section 5. Removals. Any officer or elected trustee may be removed for cause at a special meeting of the numbers by a majority vote of those entitled to vote at an election of officers and trustees. No officer or trustee shall be removed unless written notice of the meeting at which removal is to be considered states such purpose. When an officer or trustee has been removed, new officers or trustees may be elected at the same meeting to serve until the next annual meeting of the members and until their successors have been elected and have qualified. ARTICLE II. POWERS AND DUTIES OF OFFICERS AND BOARD OF TRUSTEES Section 1. President's Duty. The President shall preside at all meetings of this Association, sign all checks drawn by the Treasurer for the payment of such sums of money as may from time to time be authorized by the Bylaws or as may be properly voted by the Board of Trustees, sign all certificates and notices requiring the President's signature to authenticate them, and have general supervision over the Association and its affairs. The President shall furnish a surety bond approved by and in an amount set by the Board of Trustees; the amount of bond required may be altered from time to time in the discretion of the said Board. Said bond shall be paid for by the Association. Section 2. Vice President's Duty. President and during the President's duties of the President. The Vice- President shall assist the absence or disability perform the -1- Section 3. Secretary's Duty. The Secretary shall give the required notice of all meetings of the Association and all meetings of the Board of Trustees. The Secretary shall notify each officer and each trustee of his or her election or appointment to office. The Secretary shall keep a minute book noting therein the proceedings at all meetings of the Association and the Board of Trustees, and a membership roster listing the names and addresses of all members of the Association, together with the date when each member became or ceased to be such. The Secretary shall act as a custodian of the seal and records of the Association, sign its official papers, and perform such other duties as may be directed by the Board of Trustees. In conjunction with the City Treasurer, the Secretary must in June of each year certify an estimate of the monies necessary to meet actuarial requirements. The books, records and other materials in the custody of the Secretary shall be at all times subject to any lawful inspection. The Secretary shall, at each regular meeting of the Board of Trustees, make a report in writing of the proceedings of the last meeting, of the names of all persons who have beccoe or ceased to be members since the Secretary's last report, and such other information as shall show the general condition of the Association. The Secretary shall turn over all conies received by the Secretary to the Treasurer within a period of ten days and shall obtain a receipt. Section 4. Treasurer's Duty. The Treasurer of the Association shall receive and safely keep all monies belonging to the Association, and disburse the same, only as directed, by check signed by the President and countersigned by the Treasurer. Under the direction of the Cite Treasurer, the Treasurer shall keep an account book in which the Trea- surer shall enter all money transactions of the Association, including the dates and amount of all receipts and the source from which derived, and the dates and amounts of all expenditures with the payee and object. At each regular meeting of the Board of Trustees, the Treasurer shall make a report stating the names of all persons to whom benefits or pensions have been paid and the amount paid to each, the amount of money received since the last report and the source thereof, the amount of money paid out and expended during such time and for what purpose, and amount of money on hand and where the same is invested or deposited. The Treasurer shall examine all claims against the Association and ascertain and report to the Board of Trustees whether or not their are proper and correct before the allowance thereof by said Board. The Treasurer shall furnish to the Secretary whatever information may be necessary for the maintenance of complete books and records by the Secretary, and shall perform such other duties as may be directed by the Board of Trustees. Before entering upon the duties of office, the Treasurer shall furnish a sufficient surety bond approved by and in an amount set by the Board of Trustees consistent with the Articles of Incorporation and the laws of the State of Minnesota. The amount of bond required may be altered from time to time in the direction of the said Board. Said bond shall be paid for by the Association. -2- Section 5. Powers and Duties of Board of Trustees. The Board of Trustees shall have control and management of all property and funds of the Association, from whatever source derived, and shall constitute the governing body of the Association, with full power and authority to carry out the objects and purposes of the Association as set forth in the Articles of Incorporation, these Bylaws, and the laws of the State of Minnesota. Section 6. Compensation of Secretary and Treasurer. The compensation to be paid to the Secretary and Treasurer of the Association, if any, shall be fixed and may be changed from time to time by the members at any annual or special meeting, subject to the approval of the City Council. ARTICLE III. FUNDS Section 1. Deposits. Mnies belonging to this 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. Section 2. Disburserents. No fund shall be disbursed for any initial service or survivor's benefits until after being reviewed by the City Treasurer. No disbursement of the funds of this Association shall be made except by chgcks signed by the President and countersigned by the Treasurer. Except when issued for salaries, pensions, and other fixed charges, the exact amount of which has previously been determined by the Board of Trustees or the members, no check shall be issued until such expenditure has been approved by the Board of Trustees. Section 3. Funds. All funds received by this Association from taxes levied by the City Council of Brooklyn Center for Fire Department relief, all funds received from the gross premiums tax levied by the state on fire insurance and related insurance policies, and all funds or property donated, granted -or devised to this Association for the benefit of this fund, or transferred to said fund, shall be kept in the fund on the Association books and shall be disbursed only for such purposes as may be authorized by the laws of the State of Minnesota. The fund shall be generally main- tained and administered by the City Treasurer and Association Trustees. Section 4. Annual Report. The Secretary and Treasurer of the Association, prior to the first day of February in each year, shall jointly prepare and sign, with the approval of the Association's Board of Trustees, a detailed and itemized report of all receipts and expenditures for the preceding calendar year, showing the source of such receipts, and to whom and for what purpose the money has been paid and expended, and the balance of the fund. They shall file duplicate original copies thereof with the City Clerk and with the State Auditor. Section 5. Investments. To the extent that they are not required for current operating expenses, the ironies of this Association shall be invested by the Board of Trustees in-such income paying properties and securities as may be authorized by law and approved by the City Council of the City of Brooklyn Center. -3- Section 6. Custody of Funds or Dissolution. In case this Association be discontinued or the Treasurer should resign or be removed from office, or for any reason the members should fail to elect a new treasurer, the funds shall be paid to the City Treasurer to be held in trust by the City Treasurer and paid out only in accordance with the Articles of Incorporation, these Bylaws, and the laws of the State of Minnesota. t ffllxgnia� is Section 1. Membership. All members of the Brooklyn Center Fire Department shall be members of the Association. Section 2. Age Requirements. No person under the age of 18 or who has reached his 56th birthday shall be accepted as a member of this Association from and after the date of the adoption of these Bylaws. All members shall retire from the Association according to the pro- visions of Section 5 -102 d of the City Ordinances. Section 3. Termination of Membership. Resignation or termination from the Brooklyn Center Fire Department shall be deemed resignation from the Association. ARTICLE V. MEETINGS Section 1. Meetings of the Board of Trustees. Regular meetings of the Board of Trustees shall be held at such times and places as are designated by said Board. Notice of such meetings shall not be required. Special meetings of the Board of Trustees may be called by the President or any two members of the Board by making a request therefor to the Secretary, who shall notify all members of the Board Of the tame, place and purpose of the meeting at least 24 hours in advance. Section *2. Annual Meeting. The annual meeting of this Association shall be held on the second Monday of December of each year, except that if said day is a holiday, said meeting shall be held on the next succeeding Monday. The place of meeting shall be designated and may be changed from time to tame by the Board of Trustees. Written notice of the annual meeting shall be given to all members at least five days in advance. Section 3. Special Meetings. Special meetings of the members may be called at any time upon.the written order of the President and one other member of the Board of Trustees, or of five members of this Association. The Secretary shall give written or telephone notice to each member of the Board of Trustees and each der of this Association entitled to vote of the time, place and purpose of such meeting at least three days in advance. Section 4. Quorums. A majority of the members of the Board of Trustees shall constitute a quorum for the transaction of any business at meetings of the Board and one half of the mambers of the Association shall constitute a quorum for the transaction of any business at the annual or at any special meeting of the members, provided that five affirmative votes shall be necessary for trustees' approval of any application for benefits and five affirmative votes shall be necessary for trustees' approval of investments. A number -4- less than a quorum may adjourn any meeting of the Board of Trustees or the annual or any special meeting of the members. Section 5. Order of Business. At the annual and at all special meetings the order of business shall be as follows: (a) Call to order (b) Roll call (c) Reading of minutes of previous meetings (d) Secretary's report (e) Treasurer's report (f) Committee reports (g) Unfinished business (h) New business (i) Adjournment Section 6. Voting. Each member in good standing shall be entitled to one vote upon any matter voted upon by the rnmbership. Cumulative voting and voting by proxy shall not be permitted. 'a M IH 1�1 Section 1. Definitions. For the purpose of these Bylaws, the terms defined in this section shall have the folloraing meanings ascribed to them: (1) "Me�mber" means a who is currently enrolled as an active firefighter in the Brooklyn Center Volunteer Fire Depnt, and who belongs to the Brooklyn Center Fire Department Relief Association. (2) "Retired member" means a former der (a) who has retired from the Fire Department of the City of Brooklyn Center, Minnesota; and (b) who has had an active period or periods of service in such Fire Department of 20 years or more, although such service need not be continuous; and (c) who has reached the age of 50 gears or more[.] and (d) who has retired after December 31, 1980. (3) "Early retired member" means a former member (a) who has retired from the Fire Department of the City of Brooklyn Center, Minnesota; and (b) who had an active period or periods of service in such Fire Department of more than 10 years, but less than 20 years, although such service need not be continuous[.] and (c) who has retired after December 31, 1980. -5- (4) "Deferred pensioner" means a former member (a) who has separated from the Fire Department of the City of Brooklyn Center, Minnesota; and (b) who has had an active period or periods of service in such Fire Department of 20 years or more, although such service need not be continuous; and (c) who has not reached the age of 50 years or more[.] and (d) who has separated after December 31, 1980. (5) "Previously retired member" means any retired member, early retired member, or deferred pensioner who separated from the Fire Department of the City of Brooklyn Center, Minnesota prior to January 1, 1981. [(5)] (6) "Surviving spouse" means the surviving husband or wife of a member, retired member, a deferred pensioner, or an early retired member who was living with the firefighter as husband or wife during the time the firefighter was on active duty in the Fire Department of the City of Brooklyn Center, Minnesota, and in the case of a retired member, a deferred pensioner, or an early retired mexber, who was married to the firefighter three or more years before the firefighter left active duty with the Fire Department. The term "surviving spouse" shall not include a surviving spouse who was not legally residing with the member, retired member, deferred pensioner, or an early retired member at the time of the firefighter's death. [(6)] (7) "Surviving or children" means a member's, retired member's, early retired member's or a deferred pensioner's child or children under the age of 18 years, and who were living while the deceased member, retired member, early retired member, or deferred pensioner served on active duty with the City of Brooklyn Center Fire Department or who were born within nine months after the deceased member, retired member, early retired member, or deferred pensioner was withdrawn from active duty on the Fire Department. All leaves of absence or suspension shall be excluded in conputing the period of service. [(7)] (8) "Length of service" for the purpose of determining benefits means the total time served from the date of appointment as a probationary mer.7ber of the Brooklyn Center Fire Department to the date of separation from the Department for those persons separated after January 31, 1974. For those persons separated prior to February 1, 1974, "length of service" for the purpose of determining benefits means the total time served from the date of appointment as a regular member of the Brooklyn Center Fire Department to the date of separation fron the Department. Section 2. Service Pensions. Upon approval of the application therefor, a service pension of [$150.00] $250.00 per month shall be paid to each retired member during the remainder of his or her natural life. In the discretion of the Board of Trustees a sum not exceeding [$7.50] $12.50 per month for each year of active service over 20 in the Fire Department of the City of Brooklyn Center, Minnesota, may be added to this amount, but in no event shall the total amount paid per month exceed the sum of [$187.50] $312.50. Effective January 1, 1981, the service pension for a previously retired member shall be increased by thirty -three and one -third per cent. A member who is otherwise qualified for a service pension but who has not reached the age of 50 years mays retire from'the Department without forfeiting the member's right to such pension. Upon the application of such member, the member shall be placed on a deferred pension roll as a deferred pensioner and shall be entitled to receive said service pension upon reaching the age of 50 years and making application therefor. Upon the request of a retired member and approval of the Board of Trustees, the said service pension mays be paid in a lump sum which shall be an amount which is 35 per cent of the annual base service pension provided by these Bylaws for each year of active service in the Fire Department of the City of Brooklyn Center. Said lump sum pay- ment shall be in lieu of all rights to further service pension, surviving spouse's benefits and children's benefits. Section 3. Spouse's Benefits. Upon the death of a member, [a retired nrnber, or a deferred pensioner,] the sum of [$150.00] $250.00 per month shall be paid to the surviving spouse, if any, during the remainder of the spouse's natural life or until the spouse remarries in which event this pension shall terminate as of the date of the remarriage. Upon the death of a retired member, a deferred pensioner, or a previously retired member, the surviving spouse, if any, shall, during the remainder of the spouse's natural life or until the spouse remarries, receive a monthly benefit equal to the benefit earned by the member at the time of the member's death. Persons being paid a spouse's benefit on December 31, 1980, shall receive a monthly benefit increase of thirty -three and one -third per cent. Section 4. Children Benefits. (1) Upon the death of a member, [a retired member or a deferred pensioner] who is survived by a spouse and children, the sum of 25 per cent of the monthly base service pension per month shall be paid on behalf of each surviving child until each respective child reaches the age of 18 years, provided that the total payment to the surviving spouse and children under Sections 3 and 4 shall not exceed 200 per cent of the monthly base pension per month. -7- Upon the death of a retired inember, a deferred pensioner, or a previously retired member who is survived by a spouse and children, the sum of 25 per cent of the monthly service pension earned by the member at the time of the member's death shall be paid monthly on behalf of each surviving child until each respective child reaches the age of 18 pears, provided that the total payment to the surviving spouse and children under Sections 3 and 4 shall not exceed 200 per cent of the ne_mber's earned monthly service pension. (2) Upon the death of a member, [a retired mm ber or a deferred pensioner] who is not survived by a spouse, or upon the death of a surviving spouse; the stun of 50 per cent of the monthly base service pension per month shall be paid on behalf of each surviving child, if any, until each respective child reaches the age of 18 pears. In no event shall the total paywnt to the aggregate of the surviving children under the age of 18 pears exceed 200 percent of the monthly base pension per nonth. Upon the death of a retired member, a deferred pensioner, or a previously retired member who is not survived by a spouse, or upon the death of a surviving spouse; the sum of 50 per cent of the monthly service pension earned by the member at the time of the member's death shall be paid monthly on behalf of each surviving child, if any, until each respective child reaches the age of 18 years. In no event shall the total payment to the aggregate of the surviving children under the age of 18 years exceed 200 per cent of the member's earned nonthly service pension. (3) Persons being paid a children's benefit on December 31, 1980, shall receive a monthly benefit increase of thirty -three and one -third per cent. Section 5. Funeral Benefits. In addition to the other benefits provided herein, the stun of [$1,000.00] $1,700.00 shall be paid to the surviving spouse or representative of the estate of any deceased member, retired member, previously retired member, or deferred pensioner to help defray funeral expenses. Furthermore, the sum of $500.00 shall be paid to the spouse or representatives of the estate of former [members John Christofferson and] member Torphin E. Johnson, whose [memberships were] nxmbership was severed by virtue of reaching the maximum age limitation prior to achieving 20 years of service and prior to the enactment of the Brooklyn Center Fire Department Pension Law of 1967. Section 6. Early Retirement or Severance. (1) Upon application therefor, an early retired member who has performed service in the Fire Department of the City of Brooklyn Center for more than 10 years, but less than 20 gears, when the firefighter's position is eliminated or the firefighter becomes physically or mentally disabled so as to be incapable of performing service in the Department, or when the firefighter resigns in good standing from the Department, shall be paid a monthly service pension com- mencing when the firefighter reaches the age of 50 pears, the amount of said service pension to bear the same propor- tion to the amount of the pension the firefighter would have received if the firefighter had served 20 years as the firefighter's years of service bear to 20 years of service, or alternatively, may be paid a lump stun service benefit after the firefighter has reached the age of 50 years, which service pension shall be an amount which is 35 per cent of the annual base service pension provided by these Bylaws for each year of active service in the Fire Department of the City of Brooklyn Center. The provision of this subdivision (1) shall apply retroactively to any such early retirement effected after June 12, 1967; Provided, however, that benefits shall not be paid retro- active from February 15, 1968. (2) Upon application therefor, a surviving spouse's benefit, children's benefit and funeral benefit shall be paid pursuant to the provisions of Section 3 and 4 in respect of an early retired member who had performed service in the Fire Department of the City of Brooklyn Center, Minnesota, for more than 10 years but less than 20 years, when the firefighter's position was eliminated or the firefighter became physically or mentally disabled so as to be incapable of performing service in the Depart- meat, or when the firefighter resigned in good standing from the Department; the amount of such benefits the firefighter would have received if the firefighter had served 20 years as the firefighter's years of service bear to 20 years service. The provisions of this subdi- vision (2) shall apply only to such early retirement effected subsequent to June 12, 1967; provided, however, that benefit payments shall not be paid retroactive from February 15, 1968. [Section 7. Disability Benfits. Upon the approval of the Board of ---Ir ustees, a member who incurs a Fire Department duty related disability to the extent that the firefighter is not physically able to perform the duties of the firefighter's occupation and that the firefighter consequently qualifies for and receives Workmen's Compensation benefits, may be paid a supplemental amount of 25 per cent of the monthly base service pension per week of disability that the firefighter qualifies for and receives Workmen's Com- pensation benefits provided that the total aggregate supplemental payments to any member shall not exceed thirty -six monthly payments per occurrence. (2) In the event a nErber incurs a Fire Department duty related disability to the extent that the firefighter is not physically able to perform the duties of the firefighter's occupation and to the extent that the disability does not qualify for Workmen's Compensation benefits by reason of the waiting period for such benefits, such mainbers, may, upon the approval of the Board of Trustees, be paid a maximum of $141.00 at the rate of $47.00 per diem.] Section [8.] 7. Payments Exempt. No payments of benefits made or to be made by the Association as provided herein shall be assignable or subject to judgment, garnishment, execution or other legal process. ARTICLE VII. APPLICATION FOR MEYIl^S Section 1. Form. All applications for benefits shall be made in writing on forms supplied by the Secretary. Section 2. [Applications for Disability Benefits. All applications for disability benefits shall be submitted to the Board of Trustees. Applications for disability benefits shall be made by or on behalf of the applicant within 7 days after returning to work or being discharged by their physician. The Board of Trustees may require the member to furnish evidence of original or continued disability as and when deemed necessary and may require the member to submit to a physical or mental examination by a doctor selected by the Board. Failure to furnish such requested evidence or to submit to such examination shall be cause for denial or discontinuance of benefits.] [Section 3.1 Application for Pensions. All applications for pensions shall be submitted to the Board of Trustees at a regular meeting or special meeting of the Board. Applications shall be verified by an oath of the applicant and shall state the following: (a) The age of the applicant; (b) The period of service in and the date of retirement from the Fire Department of the City of Brooklyn Center, Minnesota; (c) The length of time the applicant has been a member of this Association; and (d) Such other and further information as the Board of Trustees may require. Every application for a pension or other benefits afforded any member of the Brooklyn Center Fire Department Relief Association by law or by these Bylaws shall be made to the Board of Trustees of the Brooklyn Center Fire Department Relief Association within six months of the day upon which the member, retired member, early retired member, previously retired member, or the surviving spouse, or the surviving children of a member, retired member, early retired member, previously retired member, or deferred pensioner first became entitled to receive a pension or benefit pursuant to law or these Bylaws. The election by retired member [or] early retired member or previously retired member of a monthly service pension shall be waiver and release of the retired member's [or] early retired member's or previously retired member's right to elect a lump sum pension and shall be binding upon the surviving spouse and children. Similarly, the election to receive a lump sum pension shall be a waiver and release of any right to elect a monthly service pension. _10- Section [4.] 3. Approval of Applications. (a) No benefits or pensions shall be paid until the application therefor has been approved by the Board of Trustees. When consistent with applicable laws, decisions of the Board shall be final as to the pant of such benefits or pensions, and if the Board deems it for the best interest of the Asso- ciation, it may suspend or reduce the amounts paid for benefits or pensions. No person receiving a pension shall be paid any other benefits by this Association except as otherwise specifically provided herein. (b) Leaves of Absence or Suspension. All leaves of absence or suspensions shall be excluded in computing the period of service. (c) All payments required or provided for by law, or by the Articles of Incorporation, or by the Bylaws of the Relief Association shall be rounded to the nearest whole dollar amount. ARTICLE VIII. DISCONTINUANCE OF VOLUNTEER FIRE DEPARTMENT Section 1. Lump Sum Benefits. In the event that the services of all volunteer firefighters are discontinued, the volunteer division of the City of Brooklyn Center Fire Department is abolished, the volunteer firefighters who are members of the Association at the time of such discontinuance and abolition may be paid a service pension in a lump sum, in an amount of 35 per cent of the annual base service pension provided by these Bylaws for each year of active service rendered in the Fire Department of the City of Brooklyn Center prior to such discontinuance and abolition, except that members with 10 or more years of service shall have vested pension rights. Section 2. Credit for Time with Volunteer Fire Department. In the event that the City of Brooklyn Center shall convert to a full -time paid Fire Department, and any volunteer firefighter should become a full -time firefighter, the firefighter's volunteer time shall apply towards the firefighter's retirement under the terms of the full -time retirement program of the City; provided, however, that benefits shall be determined on a pro rata so that volunteer benefits are paid for the time worked as a volunteer, and benefits under the full -time retirement program of the City shall be paid for the time spent as a paid firefighter. ARTICLE IX. INCREASE IN BASIC PENSION Section 1. Amendment of Bylaws. In the event of the amendment of these Bylaws in a manner so as to increase or improve any pension or benefit described herein, then the retired members, early retired members, surviving spouses or surviving children who are at the time of the amendment receiving a pension or benefit pursuant to these Bylaws shall be entitled to the advantages afforded by such an amendment unless otherwise specifically provided in these Bylaws. The benefits of the Bylaws as approved by the City Council on Janu- ary 22, 1969, shall be paid retroactively to February 15, 1968, insofar as surviving spouses or surviving children who are receiving benefits as of the effective date of these Bylaws. -11- ARTICLE X. EFFECTIVE DATE Section 1. The effective date of these Bylaws shall be established as January 22, 1969. The effective date of the benefit changes contained in the amendments approved by the City Council on May 22, 1978 shall be July 1, 1978. The effective date of the benefit changes contained in the amendments approved by the City Council on January 26, 1981 shall be January 1, 1981. Bylaws Approved by City Council Resolution No. 69 -38, January 22, 1969 Amendment Approved by City Council Resolution No. 70 -39, March 30, 1970 Amendment Approved by City Council Resolution No. 74 -36, February 25, 1974 Amendments Approved by City Council Resolution No. 78 -94, May 22, 1978 Amendrents Approved by City Council Resolution No. 81 -29, January 26, 1981 -12- 1 -26 -81 BYLAWS THE CITY OF BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION ARTICLE I. OFFICERS, TRUSTEES, AND COMMITTEES Section 1. Board of Trustees. The Board of Trustees shall be composed of the President, Vice President, Secretary and Treasurer of this Associ- ation, and two trustees elected in the same manner as the officers of the Association. The Board of Trustees shall also include the Mayor, Clerk, and Fire Chief of the City of Brooklyn Center, who shall serve as ex- officio members. The ex- officio members shall not serve as officers of the Board of Trustees. Section 2. Term. Each officer shall hold office for the term of two years and until the officer's successor has been elected and has qualified. Each elected trustee who is not an officer shall hold office for the term of two years, and such terms shall expire in alternate years. Section 3. Election. Each officer and each elected trustee shall be a member of the Association. The Secretary and Treasurer shall be elected at the regular annual meeting, and the'President and Vice- President shall be elected at the regular annual meeting in the alternate year. Section 4. Vacancies. Vacancies in office or any other vacancy on the Board of Trustees shall be filled by appointment by the remaining members of the Board for the unexpired portion of the term. Section 5. Removals. Any officer or elected trustee maybe removed for cause at a special meeting of the members by a majority vote of those entitled to vote at an election of officers and trustees. No officer or trustee shall be removed unless written notice of the meeting at which removal-is to be considered states such purpose. When an officer or trustee has been removed, new officers or trustees may be elected at the same meeting to serve until the next annual meeting of the members and until their successors have been elected and have qualified. ARTICLE II. POWERS AND DUTIES OF OFFICERS AND BOARD OF TRUSTEES Section 1. President's Duty. The President shall preside at all meetings of this Association, sign all checks drawn by the Treasurer for the payment of such sums of money as may from time to time be authorized by the Bylaws or as may be properly voted by the Board of Trustees, sign all certificates and notices requiring the President's signature to authenticate them, and have general supervision over the Association and its affairs. The President shall furnish a surety bond approved by and in an amount set by the Board of Trustees; the amount of bond required may be altered from time to time in the discretion of the said Board. Said bond shall be paid for by the Association. Section 2. Vice President's Duty. The Vice President shall assist the President and during the President's absence or disability perform the duties of the President. -1- Section 3. Secretary's Duty. The Secretary shall give the required notice of all meetings of the Assocation and all meetings of the Board of Trustees. The Secretary shall notify each officer and each trustee of his or her election or appointment to office. The Secretary shall keep a minute book noting therein the proceedings at all meetings of the Association and the Board of Trustees, and a membership roster listing the names and addresses of all members of the Association, together with the date when each member became or ceased to be such. The Secre- tary shall act as a custodian of the seal and records of the Association, sign its official papers, and perform such other duties as may be directed by the Board of Trustees. In conjunction with the City Treasurer, the Secreatary must in June of each year certify an estimate of the monies necessary to meet actuarial requirements. The books, records and other materials in the custody of the Secretary shall be at all times subject to any lawful inspection. The Secretary shall, at each regular meeting of the Board of Trustees, make a report in writing of the proceedings of the last meeting, of the names of all persons who have become or ceased to be members since the Secretary's last report, and such other information as shall show the general condition of the Association. The Secretary shall turn over all monies received by the Secretary to the Treasurer within a period of ten days and shall obtain a receipt. Section 4. Treasurer's Duty. The Treasurer of the Association shall receive and safely keep all monies belonging to the Association, and disburse the same, only as directed, by check signed by the President and countersigned by the Treasurer. Under the direction of the City Treasurer, the Treasurer shall keep an account book in which the Trea- surer shall enter all money transactions of the Association, including the dates and amount of all receipts and the source from which derived, and the dates and amounts of all expenditures with the payee and object. At each regular meeting of the Board of Trustees, the Treasurer shall make a report stating the names of all persons to whom benefits or pensions have been paid and the amount paid to each, the amount of money received since the last report and the source thereof, the amount of money paid out and expended during such time and for what purpose, and the amount of money on hand and where the same is invested or deposited. The Treasurer shall examine all claims against the Association and ascertain and report to the Board of Trustees whether or not they are proper and correct before the allowance thereof by said Board. The Treasurer shall furnish to the Secretary whatever information may be necessary for the maintenance of complete books and records by the Secretary, and shall perform such other duties as may be directed by the Board of Trustees. Before entering upon the duties of office, the Treasurer shall furnish a sufficient surety bond approved by and in an amount set by the Board of Trustees consistent with the Articles of Incorporation and the laws of the State of Minnesota. The amount of bond required may be altered from time to time in the direction of the said Board. Said bond shall be paid for by the Association. -2- Section 5. Powers and Duties of Board of Trustees. The Board of Trustees shall have control and management of all property and funds of the Association, from whatever source derived, and shall constitute the governing body of the Association, with full power and authority to carry out the objects and purposes of Association as set forth in the Articles of Incorporation, these Bylaws, and the laws of the State of Minnesota. Section 6. Compensation of Secretary and Treasurer. The compensation to be paid to the Secretary and Treasurer of the Association, if any, shall be fixed and may be changed from time to time by the members at any annual or special meeting, subject to the approval of the City Council. ARTICLE III. FUNDS Section 1. Deposits. Monies belonging to this 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. Section 2. Disbursements. No fund shall be disbursed for any initial service or survivor's benefits until after being reviewed by the City Treasurer. No disbursement of the funds of this Association shall be made except by checks signed by the President and countersigned by the Treasurer. Except when issued for salaries, pensions, and other fixed charges, the exact amount of which has previously been determined by the Board of Trustees or the members, no check shall be issued until such expenditure has been approved by the Board of Trustees.' Section 3. Funds. All funds received by this Association from taxes levied by the City Council of Brooklyn Center for Fire Department relief, all funds received from the gross premiums tax levied by the state on fire insurance and related insurance policies, and all funds or property donated, granted or devised to this Association for the benefit of this fund,, or transferred to said fund, shall be kept in the fund on the Association books and shall be disbursed only for such purposes as may be authorized by the laws of the State of Minnesota. The fund shall be generally main- tained and administered by the City Treasurer and Association Trustees. Section 4. Annual Report. The Secretary and Treasurer of the Association, prior to the first day of February in each year, shall jointly prepare and sign, with the approval of the Association's Board of Trustees, a detailed and itemized report of all receipts and expenditures for the preceding calendar year, showing the source of such receipts, and to whom and for what purpose the money has been paid and expended, and the balance of the 'fund. They shall file duplicate original copies thereof with the City Clerk and with the State Auditor. Section 5. Investments. To the extent that they are not required for current operating expenses, the monies of this Association shall be invested by the Board of Trustees in such income- paying properties and securities as may be authorized by law and approved by the City Council of the City of Brooklyn Center. -3- Section 6. Custody of Funds or Dissolution. In case this Association be discontinued or the Treasurer should resign or be removed from office, or for any reason the members should fail to elect a new treasurer, the funds shall be paid to the City Treasurer to be held in trust by the City Treasurer and paid out only in accordance with the Articles of Incorpora- tion, these Bylaws, and the laws of the State of Minnesota. ARTICLE IV. MEMBERSHIP Section 1. Membership. All members of the Brooklyn Center Fire Depart- ment shall be members of the Association. Section 2. Age Requirements. No person under the age of 18 or who has reached his 56th birthday shall be accepted as a member of this Associ- ation from and after the date of the adoption of" these Bylaws. All members shall retire from the Association according to the provisions of Section 5 -102 d of the City Ordinances. Section 3. Termination of Membership. Resignation or termination from the Brooklyn Center Fire Department shall be deemed resignation from the Association. ARTICLE V. MEETINGS Section 1. Meetings of the Board of Trustees. Regular meetings of the Board of Trustees shall be held at such times and places as are desig- nated by said Board. Notice of such meetings shall not be required. Special meetings of the Board of Trustees may be called by the President or any two members of the Board by making a request therefor to the Secretary, who shall notify all members of the Board of the time, place and purpose of the meeting at least 24 hours in advance. Section 2. Annual Meeting. The annual meeting of this Association shall be held'on the second Monday of December of each year, except that if said day is a holiday, said meeting shall be held on the next succeeding Monday. The place of meeting shall be designated and may be changed from time to time by the Board of Trustees. Written notice of the annual meeting shall be given to all members at least five days in advance. Section 3. Special Meetings. Special meetings of the members may be called at any time upon the written order of the President and one other member of the Board of Trustees, or of five members of this Association. The Secretary shall give written or telephone notice to each member of the Board of Trustees and each member of this Association entitled to vote of the time, place and purpose of such meeting at least three days in advance. Section 4. Quorums. A majority of the members of the Board of Trustees shall constitute a quorum for the transaction "of any business at meetings of the Board and one half of the members of the Association shall constitute a quorum for the transaction of any "business at the annual or at any special meeting of the members, provided that five affirmative votes shall be necessary for trustees' approval of any application for benefits and five affirmative votes shall be necessary for trustees' approval of investments. A number less than a quorum may adjourn any meeting of the Board of Trustees or the annual or any special meeting of the members. -4- Section 5. Order of Business. At the annual and at all special meetings the order of business shall be as follows: (a) (b) (c) (d) (e) (f) (g) (h) (1) Call to order Roll call Reading of minutes of previous meetings Secretary's report Treasurer's report Committee reports Unfinished business New business Adjournment Section 6. Voting. Each member in good standing shall be entitled to one vote upon any matter voted upon by the membership. Cumulative voting and voting by proxy shall not be permitted. ARTICLE VI. BENEFITS Section 1. Definitions. For the purpose of these Bylaws, the terms de- fined in this section shall have the following meanings ascribed to them: (1) "Member" means a person who is currently enrolled as an active firefighter in the Brooklyn Center Volunteer Fire Department, and who belongs to the Brooklyn Center Fire Department Relief Association. (2) "Retired member" means a former member (a) who has retired from the Fire Department of the City of Brooklyn Center, Minnesota; and (b) who has had an active period or periods of service in such Fire Department of 20 years or more, although such service need not be continuous; and (c) who has reached the age of 50 years or more; and (d) who has retired after December 31, 1980. (3) "Early retired member" means a former member (a) who has retired from the Fire Department of the City of Brooklyn Center, Minnesota; and (b) who had an active period or periods of service in such Fire Department of more than 10 years, but less than 20 years, although such service need not be continuous; and (c) who has retired after December 31, 1980. -5- (4) "Deferred pensioner" means a former member (a) who has separated from the Fire Department of the City of Brooklyn Center, Minnesota; and (b) who has had an active period or periods of service in such Fire Department of 20 years or more, although such service need not be continuous; and (c) who has not reached the age of 50 years or more; and (d) who has separated after December 31, 1980. (5) "Previously retired member" means any retired member, early retired member, or deferred pensioner who separated from the Fire Depart- ment of the City of Brooklyn Center, Minnesota prior to January 1, 1981. (6) "Surviving spouse" means the surviving husband or wife of a member, retired member, a deferred pensioner, or an early retired member who was living with the firefighter as husband or wife during the time the firefighter was on active duty in the Fire Department of the City of Brooklyn Center, Minnesota, in the case of a retired member, a deferred pensioner, or an early retired member, who was married to the firefighter three or more years before the firefighter left active duty with the Fire Department. The term "surviving spouse" shall not include a surviving spouse who was not legally residing with the member, retired member, deferred pensioner, or an early retired member at the time of the fire- fighter's death. (7) "Surviving child or children" means a member's, retired member's, early retired member's, or a deferred pensioner's child or children under the age of 18 years, and who were living while the deceased member, retired member, early retired member, or deferred pensioner served on active duty with the City of Brooklyn Center Fire Department or who were born within nine months after the deceased member, retired member, early retired member, or deferred pensioner was withdrawn from active duty on the Fire Department. All leaves -of absence or suspension shall be excluded in computing the period of service. (8) "Length of service" for the purpose of determining benefits means the total time served from the date of appointment as a probationary member of the Brooklyn Center Fire Department to the date of separation from the Department for those persons.separated after January 31, 1974. For those persons separated prior to February 1, 1974, "length of service" for the purpose of determining benefits means the total time served from the date of appointment as a regular member of the Brooklyn Center Fire Department to the date of separation from the Department. ffm Section 2. Service Pensions. Upon approval of the application therefor, a service pension of $250.00 per month shall be paid to each retired member during the remainder of his or her natural life. In the discretion of the Board of Trustees a sum not exceeding $12.50 per month for each year of active service over 20 in the Fire Department of the City of Brooklyn Center, Minnesota, may be added to this amount, but in no event shall the total amount paid per month exceed the sum of $312.50. Effective January 1, 1981, the service pension for a previously retired member shall be increased by thirty -three and one -third per cent. A member who is otherwise qualified for a service pension but who has not reached the age of 50 years may retire from the Department without for- feiting the member's right to such pension. Upon the application of such member, the member shall be placed on a deferred pension roll as a deferred pensioner and shall be entitled to receive said service pension upon reaching the age of 50 years and making application therefor. Upon the request of a retired member and approval of the Board of Trustees, the said service pension may be paid in a lump sum which shall be an amount which is 35 per cent of the annual base service pension provided by these Bylaws for each year of active service in the Fire Department of the City of Brooklyn Center. Said lump sum payment shall be in lieu of all rights to further service pension, surviving spouse's benefits and children's benefits. Section 3. Spouse's Benefits. Upon the death of a member, the sum of $250.00 per month shall be paid to the surviving spouse, if any, during the remainder of the spouse's natural life or until the spouse remarries in which event this pension shall terminate as of the date of the remarriage. Upon the death of a retired member, a deferred pensioner, or a previously retired member, the surviving spouse, if any, shall, during the remainder of the spouse's natural life or until the spouse remarries, receive a monthly benefit equal to the benefit earned by the member at the time of the member's death. Persons being paid a spouse's benefit on December 31, 1980, shall receive a monthly benefit increase of thirty -three and one -third per cent. Section 4. Children Benefits. (1) Upon the death of a member, who is survived by a spouse and children, the sum of 25 per cent of the monthly base service pension per month shall be paid on behalf of each surviving child until each respective child reaches the age of 18 years, provided that the total payment to the surviving spouse and children under Sections 3 and 4 shall not exceed 200 per cent of the monthly base pension per month. Upon the death of a retired member, a deferred pensioner, or a pre- viously retired member who is survived by a spouse and children, the sum of 25 per cent of the monthly service pension earned by the member at the time of the member's death shall be paid monthly on behalf of each surviving child until each respective child reaches the age of 18 years, provided that the total payment to the surviving spouse and children under Sections 3 and 4 shall not exceed 200 per cent of the member's earned monthly service pension. -7- (2) Upon the death of a member, who is not survived by a spouse, or upon the death of a surviving spouse; the sum of 50 per cent of the monthly base service pension per month shall be paid on behalf of each surviving child, if any, until each respective child reaches the age of 18 years. In no event shall the total payment to the aggregate the surviving children under the age of 18 years exceed 200 per cent of the monthly base pension per month. Upon the death of a retired member, a deferred pensioner, or a previousely retired member who is not survived by a spouse, or upon the death of a surviving spouse; the sum of 50 per cent of the monthly service pension earned by the member at the time of the member's death shall be paid monthly on behalf of each surviving child, if any, until each respective child reaches the age of 18 years. In no event shall the total payment to the aggregate of the surviving children under the age of 18 years exceed 200 per cent of the member's earned monthly service pension. (3) Persons being paid a children's benefit on December 31, 1980, shall receive a monthly benefit increase of thirty -three and one -third per cent. Section 5. Funeral Benefits. In addition to the other benefits provided herein, the sum of $1,700.00 shall be paid to the surviving spouse or representative of the estate of any deceased member, retired member, previously retired member, or deferred pensioner to help defray funeral expenses. Furthermore, the sum of $500.00 shall be paid to the spouse or representatives of the estate of former member Torphin E. Johnson, whose membership was severed by virtue of reaching the maximum age limitation prior to achieving 20 years of service and prior to the enactment of the Brooklyn Center Fire Department Pension Law of 1967. Section 6. Early Retirement or Severance. (1) Upon application therefor, an early retired member who has performed service in the Fire Department of the City of Brooklyn Center for more than 10 years, but less than 20 years, when the firefighter's position is eliminated or the firefighter becomes physically or mentally disabled so as to be incapable of performing service in the Department, or when the firefighter resigns in good standing from the Department, shall be paid a monthly service pension com- mencing when the firefighter reaches the age of 50 years, the amount of said service pension to bear the same propor- tion to the amount of the pension the firefighter would have received if the firefighter had served 20 years as the firefighter's years of service bear to 20 years of service, or alternatively, may be paid a lump sum service benefit after the firefighter has reached the age of 50 years, which service pension shall be an amount which is 35 per cent of the annual base service pension provided by these Bylaws for each year of active service in the Fire Department of the City of Brooklyn.Center. The provision of this subdivision (1) shall apply retroactively to any such early retirement effected after June 12, 1967; provided, however, that benefits shall not be paid retro- active from February 15, 1968. -8- LJ (2) Upon application therefor, a surviving spouse's benefit, children's benefit and funeral benefit shall be paid pursuant to the provisions of Section 3 and 4 in respect of an early retired member who had performed service in the Fire Department of the City of Brooklyn Center, Minnesota, for more than 10 years but less than 20 years, when the firefighter's position was eliminated or the firefighter became physically or mentally disabled so as to be incapable of performing service in the Depart- ment, or when the firefighter resigned in good standing from the Department; the amount of such benefits the firefighter would have received if the firefighter had served 20 years as the firefighter's years of service bear to 20 years service. The provisions of this subdi- vision (2) shall apply only to such early retirement effected subsequent to June 12, 1967; provided, however, that benefit payments shall not be paid retroactive from February 15, 1968. Section 7. Payments Exempt. No payments of benefits made or to be made by the Association as provided herein shall be assignable or subject to judgment, garnishment, execution or other legal process. ARTICLE VII. APPLICATION FOR BENEFITS Section 1. Form. All applications for benefits shall be made in writing on forms supplied by the Secretary. 1 Section 2. Application for Pensions. All applications for pensions shall be submitted to the Board of Trustees at a regular meeting or special meeting of the Board. Applications shall be verified by an oath of the applicant and shall state the following: (a) The age of the applicant; (b) The period of service in and the date of retirement from the Fire Department of the City of Brooklyn Center, Minnesota; (c) The length of time the applicant has been a member of this Association; and (d) Such other and further information as the Board of Trustees may require. f1 Every application for a pension or other benefits afforded any member of the Brooklyn Center Fire Department Relief Association by law or by these Bylaws shall be made to the Board of Trustees of the Brooklyn Center Fire Department Relief Association within six months of the day upon which the member, retired member, early retired member, previously retired member, or the surviving spouse, or the surviving children of a member, retired member, early retired member, previously retired member, or deferred pensioner first became entitled to receive a pension or benefit pursuant to law or these Bylaws. The election by retired member, early retired member, or previously retired member of a monthly service pension shall be waiver and release of the retired member's, early retired member's, or previously retired member's right to elect a lump sum pension and shall be binding upon the surviving spouse and children. Similarly, the election to receive a lump sum pension shall be a waiver and release of any right to elect a monthly service pension. -9- Section 3. Approval of Applications. (a) No benefits or pensions shall be paid until the application therefor has been approved by the Board of Trustees. When consistent with applicable laws, decisions of the Board shall be final as to the payment of such benefits or pensions, and if the Board deems it for the best interest of the Asso- ciation, it may suspend or reduce the amounts paid for benefits or pensions. No person receiving a pension shall be paid any other benefits by this Association except as otherwise specifically provided herein. (b) Leaves of Absence or Suspension. All leaves of absence or suspensions shall be excluded in computing the period of service. (c) All payments required or provided for by law, or by the Articles of Incorporation, or by the Bylaws of the Relief Association shall be rounded to the nearest whole dollar amount. 1 ARTICLE VIII. DISCONTINUANCE OF VOLUNTEER FIRE DEPARTMENT Section 1. Lump Sum Benefits. In the event that the services of all volunteer firefighters are discontinued, the volunteer division of the City of Brooklyn Center Fire Department is abolished, the volunteer firefighters who are members of the Association at the time of such discontinuance and abolition may be paid a service pension in a lump sum, in an amount of 35 per cent of the annual base service pension provided by these Bylaws for each year of active service rendered in the Fire Department of the City of Brooklyn Center prior to such discontinuance and abolition, except that members with 10 or more years of service shall have vested pension rights. Section 2. Credit for Time with Volunteer Fire Department. In the event that the City of Brooklyn Center shall convert to a full -time paid Fire Department, and any volunteer firefighter should become a full -time firefighter, the firefighter's volunteer time shall apply towards the firefighter's retirement under the terms of the full -time retirement program of the City; provided, however, that benefits shall be determined on a pro rata so that volunteer benefits are paid for the time worked as a volunteer, and benefits under the full -time retirement program of the City shall be paid for the time spent as a paid firefighter. ARTICLE IX. INCREASE IN BASIC PENSION Section 1. Amendment of Bylaws. In the event of the amendment of these Bylaws in a manner so as to increase or improve any pension or benefit described herein, then the retired members, early retired members, surviving spouses or surviving children who are at the time of the amendment receiving a pension or benefit pursuant to these Bylaws shall be entitled to the advantages afforded by such an amend- ment unless otherwise specifically provided in these Bylaws. The benefits of the Bylaws as approved by the City Council on January 22, 1969, shall be paid retroactively to February 15, 1968, insofar as surviving spouses or surviving children who are receiving benefits as of the effective date of these Bylaws. -10- ARTICLE X. EFFECTIVE DATE Section 1. The effective date of these Bylaws shall be established as January 22, 1969. The effective date of the benefit changes contained in the amendments approved by the City Council on May 22, 1978 shall be July 1, 1978. The effective date of the benefit changes contained in the amendments approved by the City Council on January 26, 1981 shall be January 1, 1981. Bylaws Approved by City Council Resolution No. 69 -38, January 22, 1969 Amendment Approved by City Council Resolution No. 70 -39, March 30, 1970 Amendment Approved by City Council Resolution No. 74 -36, February 25, 1974 Amendments Approved by City Council Resolution No. 78 -94, May 22, 1978 Amendments Approved by City Council Resolution No. 81 -29, January 26, 1981 1 -11-