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HF 1273

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/10/1997

Current Version - as introduced

  1.1                          A bill for an act 
  1.2             relating to retirement; local police and paid fire 
  1.3             relief associations; clarifying the treatment of 
  1.4             certain legal expenses as authorized administrative 
  1.5             expenses; amending Minnesota Statutes 1996, section 
  1.6             69.80. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 69.80, is 
  1.9   amended to read: 
  1.10     69.80 [AUTHORIZED ADMINISTRATIVE EXPENSES.] 
  1.11     (a) Notwithstanding any provision of law to the contrary, 
  1.12  the payment of the following necessary, reasonable and direct 
  1.13  expenses of maintaining, protecting and administering the 
  1.14  special fund, when provided for in the bylaws of the association 
  1.15  and approved by the board of trustees, shall constitute are 
  1.16  authorized administrative expenses of a police, salaried 
  1.17  firefighters' or volunteer firefighters' relief association 
  1.18  organized under any law of this state: 
  1.19     (a) (1) office expense, including but not limited to rent, 
  1.20  utilities, equipment, supplies, postage, periodical 
  1.21  subscriptions, furniture, fixtures, and salaries of 
  1.22  administrative personnel; 
  1.23     (b) (2) salaries of the president, secretary, and treasurer 
  1.24  of the association, or their designees, and any other official 
  1.25  of the relief association to whom a salary is payable under 
  1.26  bylaws or articles of incorporation in effect on January 1, 
  2.1   1986, and their itemized expenses incurred as a result of 
  2.2   fulfilling their responsibilities as administrators of the 
  2.3   special fund; 
  2.4      (c) (3) tuition, registration fees, organizational dues, 
  2.5   and other authorized expenses of the officers or members of the 
  2.6   board of trustees incurred in attending educational conferences, 
  2.7   seminars, or classes relating to the administration of the 
  2.8   relief association; 
  2.9      (d) (4) audit, actuarial, medical, legal, and investment 
  2.10  and performance evaluation expenses; 
  2.11     (e) (5) legal and litigation expenses other than those 
  2.12  related to an action against a municipality which has 
  2.13  contributed funds or transmitted applicable pension state aid 
  2.14  for the support of the relief association that the relief 
  2.15  association initiated; 
  2.16     (6) reimbursement to the general fund of the relief 
  2.17  association or to the officers or to the members of the board of 
  2.18  trustees, or their designees, of legal and litigation expenses 
  2.19  actually paid and incurred related to an action against a 
  2.20  municipality which has contributed funds or transmitted 
  2.21  applicable pension state aid for the support of the relief 
  2.22  association that the relief association initiated and in which 
  2.23  the relief association obtains a judgment substantially awarding 
  2.24  to it the relief it sought in its complaint initiating the 
  2.25  action; 
  2.26     (7) reimbursement to the officers and members of the board 
  2.27  of trustees, or their designees, for reasonable and necessary 
  2.28  expenses actually paid and incurred in the performance of their 
  2.29  duties as officers or members of the board; and 
  2.30     (f) (8) premiums on fiduciary liability insurance and 
  2.31  official bonds for the officers, members of the board of 
  2.32  trustees, and employees of the relief association. 
  2.33     (b) Any other expenses of the relief association shall must 
  2.34  be paid from the general fund of the association, if one exists. 
  2.35     (c) If a relief association has only one fund, that 
  2.36  fund shall must be deemed to be the special fund for purposes of 
  3.1   this section.  If a relief association has a special fund and a 
  3.2   general fund, and any expense of the relief association is 
  3.3   directly related to the purposes for which both funds were 
  3.4   established, the payment of that expense shall must be 
  3.5   apportioned between the two funds on the basis of the benefits 
  3.6   derived by each fund. 
  3.7      Sec. 2.  [EFFECTIVE DATE.] 
  3.8      Section 1 is effective on the day following final enactment.
  3.9   Section 1, paragraph (a), clause (6), only applies to an action 
  3.10  initiated on or after the day following final enactment.