HF 3328

as introduced - 88th Legislature (2013 - 2014) Posted on 04/01/2014 10:37am

A bill for an act
relating to retirement; Centennial Volunteer Firefighters Relief Association;
providing for continuing coverage for certain Lino Lakes Fire Department
firefighters in the event of a joint powers fire department withdrawal.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin CENTENNIAL VOLUNTEER FIREFIGHTERS RELIEF
ASSOCIATION COVERAGE OF LINO LAKES FIRE DEPARTMENT
FIREFIGHTERS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin Notwithstanding any provision of Minnesota Statutes,
chapter 424A, or sections 424B.20 and 424B.21, to the contrary, if the city of Lino Lakes
withdraws from the joint powers agreement establishing the Centennial Fire Department,
if the city of Lino Lakes establishes a city fire department, and if a Lino Lakes Volunteer
Firefighters Relief Association is established, this section applies to the Centennial
Volunteer Firefighters Relief Association.
new text end

new text begin Subd. 2. new text end

new text begin Continuing coverage for certain firefighters permitted. new text end

new text begin (a) If the
circumstances described in subdivision 1 occur, the successor Centennial Volunteer
Firefighters Relief Association may continue to provide retirement coverage for
firefighters who were members of the Centennial Volunteer Firefighters Relief Association
before July 1, 2014, and who transfer from the Centennial Fire Department to the Lino
Lakes Fire Department.
new text end

new text begin (b) Coverage authorized by paragraph (a) is governed by subdivisions 3 to 10.
new text end

new text begin Subd. 3. new text end

new text begin Creditable firefighting service. new text end

new text begin Before continuing coverage of Lino
Lakes Fire Department firefighters by the successor Centennial Volunteer Firefighters
Relief Association occurs, the volunteer firefighters relief association board must
specifically define how firefighting service rendered by Lino Lakes firefighters described
in subdivision 2 in the Lino Lakes Fire Department will be credited by the successor
Centennial Volunteer Firefighters Relief Association. The service credit definition is
subject to municipal approval by the cities of Lino Lakes, Centerville, and Circle Pines
under Minnesota Statutes, section 424A.02, subdivision 10.
new text end

new text begin Subd. 4. new text end

new text begin Fire state aid allocation. new text end

new text begin (a) If the successor Centennial Volunteer
Firefighters Relief Association provides retirement coverage for one or more firefighters
in the Lino Lakes Fire Department as described in subdivision 2, all fire state aid and
police and fire supplemental retirement state aid received by the cities of Centerville and
Circle Pines must be transmitted to and deposited in the special fund of the successor
Centennial Volunteer Firefighters Relief Association and a portion of the fire state aid and
of the police and fire supplemental retirement state aid received by the city of Lino Lakes
as calculated under paragraph (b) must be transmitted to and deposited in the special fund
of the successor Centennial Volunteer Firefighters Relief Association.
new text end

new text begin (b) Annually, before September 15, the officers of the successor Centennial Volunteer
Firefighters Relief Association shall calculate and certify to the city of Lino Lakes:
new text end

new text begin (1) the liability of Lino Lakes Fire Department firefighters covered by the relief
association under Minnesota Statutes, section 424A.092, subdivision 2, for creditable
service rendered by those firefighters to date;
new text end

new text begin (2) the liability of all firefighters covered by the relief association under Minnesota
Statutes, section 424A.092, subdivision 2, for creditable service rendered by all active
firefighters to date; and
new text end

new text begin (3) the percentage determined by dividing the amount calculated under clause (1)
by the amount calculated under clause (2).
new text end

new text begin The portion of the fire state aid and the police and fire supplemental retirement state
aid received by the city of Lino Lakes that is determined by applying the percentage under
clause (3) to the total aid amount must be deposited in the successor Centennial Volunteer
Firefighters Relief Association special fund.
new text end

new text begin Subd. 5. new text end

new text begin Relief association minimum municipal obligation. new text end

new text begin (a) If the officers of
the successor Centennial Volunteer Firefighters Relief Association certify a minimum
municipal obligation under Minnesota Statutes, section 424A.092, subdivisions 3 and 4,
in any year, the city of Lino Lakes must include in its annual budget for the following
year and in its municipal tax levy certified to the county auditor payable in the following
year the city of Lino Lake's portion of that minimum municipal obligation as determined
under paragraph (b).
new text end

new text begin (b) The minimum municipal obligation portion of the city of Lino Lakes is the
percentage determined under subdivision 4, paragraph (b), clause (3), applied to the total
minimum municipal obligation certified by the Centennial Volunteer Firefighters Relief
Association.
new text end

new text begin (c) If the city of Lino Lakes fails to budget for, certify the tax levy for, or transmit
to the successor Centennial Volunteer Firefighters Relief Association the amount due
under this section, the remedy under Minnesota Statutes, section 424A.092, subdivision
4, paragraph (c), applies.
new text end

new text begin Subd. 6. new text end

new text begin Alternative allocations. new text end

new text begin (a) If the cities of Centerville, Circle Pines,
and Lino Lakes agree to an alternative determination method for state aid or minimum
municipal obligation under subdivisions 4 and 5, the allocation of each must be made
under that allocation determination method.
new text end

new text begin (b) Any alternative determination method under this subdivision must be reviewed
for accuracy and consistency by the Office of the State Auditor before implementation.
new text end

new text begin Subd. 7. new text end

new text begin Future service pension increases. new text end

new text begin Any increase in the amount of the
service pension per year of service as a firefighter proposed by the Centennial Volunteer
Firefighters Relief Association and applicable to a firefighter with the Lino Lakes Fire
Department must be approved by the Lino Lakes City Council before it is effective.
new text end

new text begin Subd. 8. new text end

new text begin Relief association municipal board representation. new text end

new text begin If the successor
Centennial Volunteer Firefighters Relief Association includes in coverage one or more
Lino Lakes Fire Department firefighters, one of the municipal representatives on the relief
association board of trustees must be a municipal elected or appointed official of the city
of Lino Lakes as designated by the city council of the city of Lino Lakes.
new text end

new text begin Subd. 9. new text end

new text begin No post break in service return to coverage. new text end

new text begin No former member of the
Centennial Volunteer Firefighters Relief Association who terminated active firefighter
service with the Centennial Fire Department before the withdrawal of the city of Lino
Lakes from the joint powers agreement may return to active membership by the successor
Centennial Volunteer Firefighters Relief Association by virtue of a return to active
firefighting services with the Lino Lakes Fire Department.
new text end

new text begin Subd. 10. new text end

new text begin Appropriate bylaw amendments. new text end

new text begin Upon municipal approvals by all cities
under section 2, the board of trustees shall formulate and adopt any appropriate amendments
to the bylaws of the successor Centennial Volunteer Firefighters Relief Association,
subject to the requirements of Minnesota Statutes, section 424A.02, subdivision 10.
new text end

Sec. 2. new text begin EFFECTIVE DATE; LOCAL APPROVAL.
new text end

new text begin Section 1 is effective the day after the latest date on which the governing body and
the chief clerical officer of the cities of Centerville, Circle Pines, and Lino Lakes timely
complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3
new text end