2000 Minnesota Statutes

     424.03 Members, definitions; rights. 

    A firefighter under sections 424.01 to 424.29 is one who is 
 regularly entered on the payroll of one of the fire departments, 
 serving on active duty with a designated fire company therein, 
 or having charge of one or more of the companies and engaged in 
 the hazards of firefighting; and includes all members of the 
 electrical and mechanical divisions of the fire departments who 
 are subject to like hazards; and shall include all volunteer 
 firefighters of the city not on the payroll who regularly comply 
 with such rules as may be prescribed by the governing body of 
 the city for service by volunteer firefighters with the fire 
 department of the city, and who by reason of their status as 
 such volunteer firefighters are engaged in the hazards of 
 firefighting.  Substitutes and persons employed irregularly from 
 time to time shall not be included. 

    Any person who is employed in subsidized on-the-job 
 training, work experience or public service employment as an 
 enrollee under the federal Comprehensive Employment and Training 
 Act shall not be included as a member of the relief association 
 from and after March 30, 1978 unless the person has as of the 
 later of March 30, 1978 or the date of employment sufficient 
 service credit in the relief association to meet the minimum 
 vesting requirements for a deferred service pension, or the city 
 agrees in writing to make the total required employer 
 contributions on account of that individual from revenue sources 
 other than funds provided under the federal Comprehensive 
 Training and Employment Act, or the person agrees in writing to 
 make the required employer contributions in addition to the 
 member contribution. 

    All persons who are members of the relief associations on 
 April 16, 1941, or who were members of a firefighters' relief 
 association in a municipality which shall have become a city of 
 second class by reason of adoption of a home rule charter or 
 increase in its population, whether their status is embraced 
 within the definition of a firefighter herein contained or 
 otherwise, shall have the right to continue as members of their 
 respective associations and be entitled to all benefits 
 pertaining thereto, and any member included under the definition 
 of firefighters herein provided shall have the right to retain 
 membership on promotion or appointment to other positions to 
 which such firefighters herein may be subject. 

    Sections 424.01 to 424.29 shall not affect any pensions or 
 other benefits which have been allowed or which are being paid 
 by any such relief association under or in accordance with any 
 prior law on April 16, 1941; or as of the date that the 
 municipality may become a city of the second class by reason of 
 the adoption of a home rule charter, or increase in its 
 population.  Payment of such pensions and benefits shall be 
 continued by the respective associations, subject only to the 
 provisions of section 424.18. 

    HIST: 1941 c 267 s 3; 1955 c 289 s 1; 1977 c 429 s 63; 1978 c 
 720 s 17; 1986 c 444