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HomeMy WebLinkAbout1974-036 CCR Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION NO. 74 -36 RESOLUTION APPROVING AMENDMENTS TO THE BY -LAWS OF THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION WHEREAS, on May 24, 1967, "An act relating to the Firemen'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 by -laws 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 by -laws of the City of Brooklyn Center Fire Department Relief Association as set forth in a draft dated December 19, 1968, which established benefits within the framework provided by the Pension Act and specifically increased from $40 to $100 the monthly pension earned after 20 years' service; and WHEREAS, on March 30, 1970, the City Council first amended the by -laws to revise the definition of "Early Retired Member and WHEREAS, the membership of the Brooklyn Center Fire Department Relief Association has initiated action to increase the benefits within the Act to the maximum allowable under the Act; and WHEREAS, certain other provisions of the by -laws of the Association pertaining to elections of officers and other matters are in need or change; and WHEREAS, the membership of the Brooklyn Center Fire Department Relief Association has initiated action to amend the by -laws of the Association to authorize the increased benefits and change other provisions of the by -laws; 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 amendments to the by -laws and has determined that they be made: RESOLUTION NO. 74 -36 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to approve amendments to the Brooklyn Center Fire Department Relief Association By-Laws, said amendments to be as follows: (Brackets indicate matter to be deleted, underline indicates new matter.) ARTICLE I. OFFICERS, TRUSTEES, AND COMMITTEES 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 coincident with the election of Fire Department line officers] and the President and Vice President shall be elected at the regular annual meeting in the alternate year. ARTICLE IV. MEMBERSHIP Section 1. Membership. [Only] All members of the Brooklyn Center Fire Department except those serving as substitutes or on probation,] shall be eligible for membership in] members of the Association. Membership consis- tent with the laws of the State of Minnesota shall be granted when said member's application is approved by the Board of Trustees.] Section 3. [Expulsion from] Termination of Membership. [Any member may be expelled from this Association for cause by a two thirds vote of all members of the Board of Trustees at a regular or special meeting. Notice of the meeting and a written statement of charges shall be furnished to the member prior to the meeting and the member shall be given an opportunity to be heard at such meeting. Cause for expulsion shall include, but shall not be limited to, discharge from Fire Depart- ment of the City of Brooklyn Center, failure to account for money belonging to the Association, or feigning illness or injury, or otherwise defrauding the Association.] Resignation or termination from the Brooklyn Center Fire Department shall be deemed resignation from the Association. ARTICLE VI. BENEFITS Section 1. Definitions. For the purpose of these By -Laws, the terms defined in this section shall have the following meanings ascribed to them: (1) "Member" means a person who is currently enrolled as an active as a regular] fireman in the Brooklyn Center Volunteer Fire Department, and who belongs to the Brooklyn Center Fireman's Relief Association. (4) "Deferred pensioner" means a former member (a) who has [retired] separated from the Fire Department of the City of Brooklyn Center, Minnesota; and i RESOLUTION NO. 74 -36 (7) "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 Brooklvn Center Fire Department to the date of separation from the Department for those persons separated after Tanuary 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 Brooklvn Center Fire Department to the date of separation from the Department. Section 2. Service Pensions. Upon approval of the application therefor, a service pension of [$100.00] $120.00 per month shall be paid to each retired member during the remainder of his natural life. In the discretion of the Board of Trustees a sum not exceeding $5.001 $6.00 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 [$125.001 $150.00. Section 3. Widow's Benefits. Upon the death of a member, a retired member, or a deferred pensioner, the sum of [$100.001 $120.00 per month shall be paid to his widow, if any, during the remainder of her natural life or until she remarries, in which event this pension shall terminate as of the date of the remarriage. Section 4. Children's Benefits. (1) Upon the death of a member, a retired member or a deferred pensioner who is survived by a widow and children, the sum of [$20.001 $25.00 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 widow and children under Sections 3 and 4 shall not exceed [$160.001 $200.00 per month. (2) Upon the death of a member, a retired member or a deferred pensioner who is not survived by a widow, or upon the death of a surviving widow; the sum of $20.00] $25.00 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 of the surviving children under the age of 18 years exceed [$160.001 $200.00 per month. ARTICLE IX, INCREASE IN BASIC PENSION Section 1. Amendment of BY-Laws. In the event of the amendment of these By -Laws in a manner so as to increase or improve any pension or RESOLUTION NO. 74 -36 benefit described herein, then the retired members, early retired members, widows or surviving children who are at the time of the amendment receiving a pension or benefit pursuant to these By -Laws shall be entitled to the advantages afforded by such an amendment unless otherwise specifically provided in these By-Laws. The benefits of [these By -Laws] the By -Laws as approved by the City Council on Tanuary 22, 19 69 shall be paid retroactively to February 15, 1968, insofar as widows or surviving children who are receiving benefits as of the effective date of these By -Laws. ARTICLE X. EFFECTIVE DATE Section 1 The effective date of these By -Laws shall be established as [the date upon which the City Council approves said By -Laws by resolution] Tanuary 22, 1969. The effective date of the benefit chances contained in the amendments approved by the City Council on February 25, 1974, shall be February 1, 1974. February 25, 1974 Date v Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Bill Fignar, Tony Kuefler and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.