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Key: (1) language to be deleted (2) new language

                            CHAPTER 474-H.F.No. 2299 
                  An act relating to retirement; the Duluth joint police 
                  and firefighters consolidation account; clarifying 
                  certain language relating to calculation of pension 
                  benefits contained in the bylaws of the Duluth 
                  firefighters relief association; amending Minnesota 
                  Statutes 1993 Supplement, section 353B.02, subdivision 
                  10.  
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                   ARTICLE 1
                      PENSION PLAN PROVISION CLARIFICATION
           Section 1.  [DULUTH FIREFIGHTERS CONSOLIDATION ACCOUNT; 
        CLARIFICATION OF SALARY FOR BENEFIT CALCULATION PURPOSES.] 
           Notwithstanding any law to the contrary, for the Duluth 
        joint firefighters and police consolidation account administered 
        by the public employees retirement association, the term 
        "maximum monthly salary," as it appears in article X, section 1, 
        of the bylaws of the Duluth firefighters relief association, 
        includes overtime payments for a regular workweek of a 
        firefighter mandated by the federal Fair Labor Standards Act of 
        1938 and later amendments, United States Code, title 29, 
        sections 201 to 219. 
           Sec. 2.  [APPLICABILITY.] 
           Section 1 applies to pension payments to pensioners and 
        other benefit recipients of the former Duluth fire department 
        relief association and payroll deductions taken from active 
        Duluth firefighters, where applicable, after January 31, 1992.  
        If applicable, any postretirement adjustments paid or payable to 
        pensioners and other benefit recipients of the former Duluth 
        fire department relief association under Minnesota Statutes, 
        section 11A.18, must be appropriately recomputed on account of 
        section 1. 
           Sec. 3.  [EFFECTIVE DATE.] 
           Sections 1 and 2 are effective upon approval by a majority 
        of the city council of the city of Duluth and upon compliance 
        with Minnesota Statutes, section 645.021. 
                                   ARTICLE 2 
                               CONFORMING CHANGES
           Section 1.  Minnesota Statutes 1993 Supplement, section 
        353B.02, subdivision 10, is amended to read: 
           Subd. 10.  [SALARY.] (a) "Salary" for benefit computation 
        and contribution purposes means the salary of a first class or 
        first grade firefighter or patrol officer, whichever applies, 
        for the former members of the following consolidating relief 
        associations:  
           (1) Anoka police relief association; 
           (2) Austin firefighters relief association; 
           (3) Austin police relief association; 
           (4) Columbia Heights fire department relief association, 
        paid division; 
           (5) Fairmont police benefit association; 
           (6) Faribault fire department relief association; 
           (7) Mankato fire department relief association; 
           (8) Minneapolis fire department relief association; 
           (9) Minneapolis police relief association; 
           (10) Richfield fire department relief association; 
           (11) Rochester fire department relief association; 
           (12) Rochester police relief association; 
           (13) St. Cloud fire department relief association; 
           (14) St. Cloud police relief association; 
           (15) St. Paul fire department relief association; 
           (16) South St. Paul firefighters relief association; 
           (17) West St. Paul firefighters relief association; 
           (18) West St. Paul police relief association; and 
           (19) Winona fire department relief association. 
           (b) "Salary" for benefit computation purposes means the 
        salary of a first grade patrol officer for the second month of 
        the previous fiscal year and for contribution purposes means the 
        current salary of a first grade patrol officer, for the former 
        members of the following consolidating relief associations:  
           (1) Bloomington police relief association; 
           (2) Crystal police relief association; 
           (3) Fridley police pension association; 
           (4) Richfield police relief association; 
           (5) St. Louis Park police relief association; and 
           (6) Winona police relief association.  
           (c) "Salary" for benefit computation purposes means the 
        final salary and for contribution purposes means the current 
        salary for the former members of the following consolidating 
        relief associations:  
           (1) Albert Lea firefighters relief association; 
           (2) Albert Lea police relief association; 
           (3) Buhl police relief association; 
           (4) Chisholm firefighters relief association; 
           (5) Crookston fire department relief association; 
           (6) Crookston police relief association; 
           (7) Faribault police benefit association; 
           (8) Red Wing police relief association; and 
           (9) Virginia fire department relief association.  
           (d) "Salary" for benefit computation purposes means the 
        average earnings or salary for the final six months of 
        employment before retirement and for contribution purposes means 
        the current salary for the former members of the following 
        consolidating relief associations:  
           (1) Chisholm police relief association; 
           (2) Hibbing firefighters relief association; and 
           (3) Hibbing police relief association.  
           (e) "Salary" for benefit computation purposes means the 
        greater of the final salary at retirement or the highest salary 
        of a patrol officer and for contribution purposes means the 
        greater of the current salary or the current highest salary of a 
        patrol officer for the former members of the following 
        consolidating relief associations:  
           (1) Brainerd police benefit association; and 
           (2) New Ulm police relief association.  
           (f) "Salary" for benefit computation and contribution 
        purposes means the following for the former members of the 
        consolidating relief associations as indicated:  
           (1) salary of a top grade patrol officer, including 
        longevity pay and education incentive pay in an amount not to 
        exceed $235 per month, Columbia Heights police relief 
        association; 
           (2) maximum pay of a firefighter, including overtime 
        payments for a regular workweek of a firefighter mandated by the 
        federal Fair Labor Standards Act of 1938, as amended, Duluth 
        firefighters relief association; 
           (3) salary of a first class patrol officer with 16 years of 
        service, Duluth police pension association; 
           (4) base salary for the rank currently held, plus longevity 
        pay, pay for eligibility for next higher rank and pay for first 
        aid care, Mankato police benefit association; 
           (5) average annual salary for highest three paid years for 
        benefit computation purposes and current salary for contribution 
        purposes, Red Wing fire department relief association; 
           (6) pay of the highest grade full-time firefighter, St. 
        Louis Park fire department relief association; 
           (7) maximum monthly pay of a patrol officer, St. Paul 
        police relief association; 
           (8) prevailing base pay of rank held at retirement for 
        benefit computation purposes and current salary for contribution 
        purposes, South St. Paul police relief association; and 
           (9) prevailing pay for rank held for at least six months 
        before retirement for benefit computation purposes and current 
        salary for contribution purposes, Virginia police relief 
        association.  
           Sec. 2.  [EFFECTIVE DATE.] 
           Section 1 is effective upon the effective date of article 
        1, section 1. 
           Presented to the governor April 18, 1994 
           Signed by the governor April 20, 1994, 1:43 p.m.

Official Publication of the State of Minnesota
Revisor of Statutes