2000 Minnesota Statutes

CHAPTER 424. Firefighters' relief and retirement

     424.01 Firefighters' relief association in a city of 
  second class. 

    If it employs for compensation one or more regular 
 full-time paid firefighters who are eligible for membership in 
 the relief association pursuant to law, the fire department of a 
 city of the second class in this state which was so classified 
 on or before August 1, 1975 shall maintain a firefighters' 
 relief association which shall be incorporated under the laws of 
 the state.  All second class city firefighters' relief 
 associations shall have perpetual corporate existence. 

    HIST: 1941 c 267 s 1; 1977 c 429 s 63; 1982 c 465 s 2 

     424.02 Organization; operation. 

    Each relief association shall be organized, operated, and 
 maintained in accordance with its own articles of incorporation 
 and bylaws, by firefighters, as hereinafter defined, who are 
 members of the fire departments.  Each association shall have 
 power to regulate its own management and its own affairs, and 
 all additional corporated powers which may be necessary or 
 useful; subject to the applicable provisions of this chapter and 
 chapter 424A, and other laws of this state pertaining to 
 corporations, not inconsistent herewith. 

    HIST: 1941 c 267 s 2; 1977 c 429 s 63; 1982 c 465 s 3 

     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 

     424.04 Members. 

    Subdivision 1.    Paid firefighters.  Every paid 
 firefighter, as defined in section 424.03, shall be eligible to 
 apply for membership in the relief association in the city in 
 which the person is employed within the time and in the manner 
 hereinafter set forth.  Any firefighter desiring to become a 
 member shall, not later than 90 days from the time when the 
 person is regularly entered on the payrolls of the fire 
 department, make written application for membership in the 
 relief association on forms supplied by the association, 
 accompanied by one or more physician's certificates as required 
 by the bylaws of the association.  After the application has 
 been filed, the board of examiners of the association shall make 
 a thorough investigation thereof and file their report with the 
 secretary of the association.  An application shall be acted 
 upon by the association within six months from the date 
 applicant was entered on the payroll of the fire department.  

    Subd. 2.    Volunteer firefighters.  Every volunteer 
 firefighter shall be eligible to apply for membership in the 
 relief association and shall make written application for 
 membership in the relief association on forms supplied by the 
 association not later than 90 days from the date on which the 
 person commenced service as a volunteer firefighter.  No 
 application from a person who is ineligible for membership 
 pursuant to section 424A.01, subdivision 1 or 2, or who is 
 excluded as constituting an unwarranted health risk pursuant to 
 section 424A.01, subdivision 4, shall be approved by the 
 association.  The application shall be acted upon by the 
 association within six months from the date on which the person 
 commenced service as a volunteer firefighter.  

    HIST: 1941 c 267 s 4; 1977 c 429 s 63; 1982 c 465 s 4; 1987 c 
 372 art 2 s 1 

     424.05 May exclude certain persons. 

    Each firefighters' relief association shall have the right 
 to exclude all applicants for membership who are not physically 
 and mentally sound, so as to prevent unwarranted risks for the 
 association; and additional requirements for the entrance fees 
 and annual dues for membership in the association may from time 
 to time be prescribed in the bylaws of the association. 

    HIST: 1941 c 267 s 5; 1977 c 429 s 63 

     424.06 Officers; trustees. 

    The officers of the relief association shall be a 
 president, one or more vice-presidents, a secretary, and a 
 treasurer. The offices of assistant secretary and assistant 
 treasurer may be created by the bylaws of any such 
 associations.  The affairs of each association must be managed 
 in accordance with chapter 356A by a board of trustees elected 
 in the manner prescribed by the articles of incorporation of the 
 association.  

    The secretary and treasurer of each relief association 
 shall each furnish a corporate bond to the association for the 
 faithful performance of their duties, in amounts as the 
 association from time to time may determine.  Each relief 
 association shall be and is hereby authorized to pay the 
 premiums on such bonds from its general fund.  

    HIST: 1941 c 267 s 6; 1989 c 319 art 8 s 25 

  424.07 Repealed, Ex1971 c 6 s 11 

     424.08 City clerk to file report of existence of 
  association. 

    The clerk of every city of the second class having a 
 firefighters' relief association shall, on or before March 1 
 each year, make and file with the commissioner of commerce of 
 this state and the county auditor a certificate stating the 
 existence of the firefighters' relief association and any other 
 facts the commissioner or auditor may require. 

    HIST: 1941 c 267 s 8; 1969 c 1001 s 10; 1977 c 429 s 63; 1983 
 c 289 s 114 subd 1; 1984 c 655 art 1 s 92; 1986 c 444 

  424.09 Repealed, Ex1971 c 6 s 11 

  424.10 Repealed, 1969 c 1001 s 11 

  424.11 Repealed, 1969 c 1001 s 11 

  424.12 Repealed, 1989 c 277 art 4 s 80 

  424.13 Repealed, 1989 c 277 art 4 s 80 

     424.14 Relief associations to have custody of funds.  

    Each relief association shall have full and permanent 
 charge of, and the responsibility for the proper management and 
 control of, all funds that may come into its possession, and 
 particularly funds derived from the following sources: 

    (1) Funds derived from the state of Minnesota and interest 
 from the investment thereof; 

    (2) Funds derived from the tax levies by the city in which 
 such relief association is located and interest from the 
 investment thereof; and 

    (3) Funds derived from private sources such as gifts, 
 charges, rents, entertainments, dues paid by members, and from 
 other sources.  

    HIST: 1941 c 267 s 14 

     424.15 Money to be kept in two funds.  

    The money received from the various sources shall be kept 
 in two separate and distinct funds, one to be designated as the 
 association special fund, and the other as its general fund.  
 All money received from the state of Minnesota and from the city 
 in which the relief association is located shall be deposited in 
 the special fund, and expended only for purposes hereinafter 
 authorized.  All money received from other sources shall be 
 deposited in the general fund, and may be expended for any 
 purpose deemed proper by such association.  

    HIST: 1941 c 267 s 15 

     424.16 Special fund; disbursement; segregation in case 
  of volunteer members. 

    The amounts so paid to relief association by the state and 
 each city under the provisions of sections 424.01 to 424.29 and 
 by it set aside and deposited as a special fund, shall be 
 appropriated and disbursed by each such association for the 
 following purposes: 

    (1) For the relief of sick, injured, and disabled members 
 of the relief associations, their surviving spouses and orphans; 
 and 

    (2) For payment of disability and service pensions to 
 members of the relief associations. 

    (3) In any second class city firefighters relief 
 association in which the membership of the firefighters' relief 
 association includes volunteer firefighters, the special fund 
 shall be segregated into two accounts, one of which shall be for 
 the benefit of members who are volunteer firefighters, and the 
 other for the benefit of members who are paid firefighters.  All 
 moneys received by the association which are derived from 
 payroll deductions from paid firefighters' salaries under 
 section 69.77, subdivision 2a, shall be paid into the account of 
 the special fund for the benefit of paid firefighters only.  
 Funds received from other sources shall be allocated between the 
 account for the benefit of paid firefighters and the account for 
 the benefit of volunteer firefighters in such proportions as 
 shall be designated by the governing body of the city from time 
 to time.  The paid firefighters account of the special fund 
 shall be governed by the applicable provisions of this chapter 
 and the volunteer firefighters account of the special fund shall 
 be governed by the applicable provisions of chapter 424A.  In 
 the event the governing body of the city shall abolish the 
 volunteer firefighters account of its fire department, any 
 surplus remaining in the account of the fund for the benefit of 
 volunteer firefighters after discharging all obligations to 
 those who are volunteer members at the time of the abolition 
 shall be paid into the account of the fund for the benefit of 
 paid firefighters.  

    (4) For the payment of administrative expenses of the 
 association as authorized pursuant to section 69.80. 

    HIST: 1941 c 267 s 16; 1955 c 289 s 2; 1957 c 179 s 1; 1977 c 
 429 s 63; 1978 c 562 s 27; 1978 c 690 s 6; 1982 c 465 s 5; 1991 
 c 199 art 2 s 1 

     424.165 Special fund, maintenance. 

    When the balance in the special fund of any firefighter's 
 relief association in any city of the second class is less than 
 $50,000 as determined by the board of trustees of the 
 association, and as certified by the state auditor, the board of 
 trustees may file with the commissioner a request to impose the 
 surcharge on fire, lightning, and sprinkler leakage insurance 
 premiums authorized under section 297I.10, subdivision 2. 

    HIST: (1648-1, 1648-2, 1648-3, 1648-4) 1937 c 109 s 1-4; 1955 
 c 199 s 1; 1959 c 158 s 30; 1973 c 492 s 7,14; 1977 c 429 s 63; 
 1984 c 592 s 89; 1986 c 444; 2000 c 394 art 2 s 27 

     424.17 Relief, determination of entitlement; volunteers 
  included. 

    Each relief association shall, in its bylaws, define the 
 sickness and disability entitling its members to relief, and 
 specify the amounts thereof, and also specify the amounts to be 
 paid to its disability and service pensioners, and to surviving 
 spouses and children of deceased members, and to fix the age 
 limit of children to which pensions may be paid.  When the total 
 assets of the association shall amount to $50,000 or more, it 
 shall have the right to pay to its members the maximum amounts 
 specified in sections 424.01 to 424.29.  The bylaws of the 
 association shall provide for payment of a service pension to 
 volunteer firefighters who are members of the association in 
 accordance with the applicable provisions of chapter 424A.  If 
 the services of all volunteer firefighters are discontinued and 
 the volunteer firefighters account of the fire department is 
 abolished by the municipality, the volunteer firefighters who 
 are members of the association at the time of the discontinuance 
 and abolishment shall be paid a service pension in an amount 
 equal to the service pension amount in effect immediately prior 
 to the discontinuance and abolishment.  In determining the 
 period of service of any individual member of the association 
 for the purpose of computation of service requirements in 
 connection with payment of any pensions or other benefits 
 specified by the bylaws of the relief association, or any 
 provision of sections 424.03 to 424.29, service of a volunteer 
 or paid firefighter of the fire department of the municipality 
 in which the relief association is situated, and membership in a 
 firefighters' relief association in the municipality prior to 
 the municipality becoming a city of the second class, shall be 
 taken into account on the same basis as if the municipality had 
 been a city of the second class during all of the time the 
 service was rendered. 

    HIST: 1941 c 267 s 17; 1955 c 289 s 3; 1957 c 179 s 2; 1977 c 
 429 s 63; 1978 c 562 s 28; 1982 c 465 s 6 

     424.18 May reduce amount of pension. 

    The firefighters' relief association shall at all times 
 have and retain the right to reduce the amount of pensions and 
 benefits to be thereafter paid out of its funds; when its total 
 funds, as determined by its board of trustees, are less than 
 $25,000 and within the limits described in sections 424.01 to 
 424.29, the associations shall have and retain the right to 
 increase or otherwise adjust the pensions and benefits after 
 same have been so reduced. 

    HIST: 1941 c 267 s 18; 1977 c 429 s 63 

     424.19 Relief.  

    A member of such association who, by reason of sickness or 
 accident, becomes disabled from performing assigned duties on 
 the fire department, shall be entitled to the relief as the 
 bylaws of the association may provide.  No allowances for the 
 disabilities shall be made unless notice of the disability and 
 application for benefits on account thereof shall be made by or 
 on behalf of the disabled member to the secretary of the 
 association within 30 days after the beginning of such 
 disability.  

    HIST: 1941 c 267 s 19; 1986 c 444 

     424.20 Members to receive disability benefits.  

    A member of any such relief association entitled to 
 disability benefits shall receive the same from the association 
 for such periods of time, at such times, and in such amounts not 
 to exceed $75 per month as the bylaws of the association provide.

    HIST: 1941 c 267 s 20; 1986 c 444 

     424.21 Membership. 

    A member of the association, as defined in section 424.03, 
 who has completed a period or periods of service on the fire 
 department equal to 20 years or more, shall, after arriving at 
 the age of 50 years or more, and has retired from the payroll of 
 the fire department, be entitled to a pension of not less than 
 $50 nor more than $75 per month provided that the bylaws of a 
 relief association in a city of second class situated in a 
 county in which there is also a city of first class may provide 
 for a pension of not more than a sum equal to one-half of the 
 salary as payable from time to time during the period of the 
 pension payment to firefighters of the highest grade (not 
 including officers of the department) in the employ of the 
 municipality, such pension to be payable for the pensioner's 
 natural life in conformity with the bylaws of each association.  
 All leaves of absence of more than 90 days, except such as are 
 granted to a member because of the member's disability due to 
 sickness or accident, shall be excluded in computing the period 
 of service; and all periods of time during which a member 
 received a disability pension shall be excluded in the 
 computation.  No deductions shall be made for a leave of absence 
 granted to a member to enable the member to accept an appointive 
 position in the fire department.  No member shall be entitled to 
 draw both a disability and a service pension.  The bylaws of 
 each association may provide for these increases, or any portion 
 thereof; provided, that in no event shall the total pension 
 exceed the sum of $75 per month; provided that the bylaws of a 
 relief association in a city of second class situated in a 
 county in which there is also a city of first class may provide 
 for a pension of not more than a sum equal to one-half of the 
 monthly salary of a firefighter of the highest grade (not 
 including officers of the department) in the employ of the 
 municipality from time to time during the period of the pension 
 payment. 

    HIST: 1941 c 267 s 21; 1957 c 179 s 3; 1977 c 429 s 63; 1986 c 
 444 

     424.22 Retirement.  

    A member of such association who has performed service on 
 the fire department for 20 years or more, but has not reached 
 the age of 50 years, shall have the right to retire from the 
 department without forfeiting the member's right to a service 
 pension.  The member shall, upon application, be placed on the 
 deferred pension roll of the association, and, after the member 
 has reached the age of 50 years, the association shall, upon 
 application therefor, pay the member's pension from the date the 
 application is approved by the association.  Any person making 
 the application thereby waives all other rights, claims, or 
 demands against the association for any cause that may have 
 arisen from, or that may be attributable to, service on the fire 
 department.  

    HIST: 1941 c 267 s 22; 1986 c 444 

     424.23 Military service included in service.  

    Any applicant for a service pension who, subsequent to 
 entry into the service of the fire department, has served in the 
 military forces of the United States in the world war, or having 
 during the war entered the employment of the government of the 
 United States and in such service rendered fire prevention 
 service during the war, and has returned, after honorable 
 discharge from such service, and resumed active duty in the fire 
 department, the period of absence in the service of the United 
 States shall not be deducted in computing the period of service 
 hereinbefore provided for, but shall be construed and counted as 
 a part and portion of active duty in the fire department. 

    HIST: 1941 c 267 s 23; 1986 c 444 

     424.24 Pensions to survivors. 

    Subdivision 1.  When a service pensioner, disability 
 pensioner, or deferred pensioner, or an active member of such 
 relief association dies, leaving a surviving spouse, one or more 
 surviving child, or both, such surviving spouse and the child or 
 children shall be entitled to a pension or pensions as follows: 

    (a) To the surviving spouse a pension of not less than $25, 
 and not to exceed $50 per month; provided that the bylaws of a 
 relief association in a city of second class situated in a 
 county in which there is also a city of first class may provide 
 for a pension of not more than a sum equal to 40 percent of the 
 monthly salary of a firefighter of the highest grade (not 
 including officers of the department) in the employ of the 
 municipality from time to time during the period of the pension 
 payment, as the bylaws of the association provide for the 
 natural life of the surviving spouse; provided, that if the 
 surviving spouse shall remarry, such pension shall cease and 
 terminate as of the date of remarriage. 

    (b) To such child or children, if the surviving spouse of 
 the member is living, a pension of not to exceed $15 per month; 
 provided that the bylaws of a relief association in a city of 
 second class situated in a county in which there is also a city 
 of first class may provide for a pension of not more than a sum 
 equal to five percent of the monthly salary of a firefighter of 
 the highest grade (not including officers of the department) in 
 the employ of the municipality from time to time during the 
 period of the pension payment, for each child up to the time 
 each child reaches the age of not less than 16, and not to 
 exceed an age of 18 years, in conformity with the bylaws of each 
 association; provided, the total pension hereunder for the 
 surviving spouse and children of the deceased member shall not 
 exceed the sum of $75 per month; provided that the bylaws of a 
 relief association in a city of second class situated in a 
 county in which there is also a city of first class may provide 
 for a pension of not more than a sum equal to 50 percent of the 
 monthly salary of a firefighter of the highest grade (not 
 including officers of the department) in the employ of the 
 municipality from time to time during the period of the pension 
 payment. 

    (c) A child or children of a deceased member receiving a 
 pension or pensions hereunder shall, after the death of the 
 surviving spouse of the member, be entitled to receive a pension 
 or pensions in the amount or amounts as the board of trustees of 
 the association shall deem necessary to properly support the 
 child or children until they reach the age of not less than 16, 
 and not more than 18 years, as the bylaws of each association 
 may provide; but the total amount of such pension or pensions 
 hereunder for any such child or children shall not exceed the 
 sum of $75 per month; provided that the bylaws of a relief 
 association in a city of second class situated in a county in 
 which there is also a city of first class may provide for a 
 pension of not more than a sum equal to 50 percent of the 
 monthly salary of a firefighter of the highest grade (not 
 including officers of the department) in the employ of the 
 municipality from time to time during the period the pension 
 payment is payable. 

    Subd. 2.  (a) "Surviving spouse" means a person who became 
 the member's legally married spouse during or prior to the time 
 the member was on the payroll of any such fire department as a 
 firefighter, and remained such continuously after their marriage 
 until the member's death, without having been granted a marriage 
 dissolution or legal separation, and who, in case the deceased 
 member was a service or deferred pensioner, was legally married 
 to the member for at least one year prior to the member's 
 retirement from the fire department; and who, in any case, was 
 residing with the member at the time of the member's death.  No 
 temporary absence for purposes of business, health or pleasure 
 shall constitute a change of residence for purposes of this 
 clause. 

    (b) "Surviving child" means any child of the member living 
 while the deceased member was on the payroll of the fire 
 department, or who were born within nine months after the 
 deceased member was withdrawn from the payroll of the fire 
 department. 

    HIST: 1941 c 267 s 24; 1957 c 179 s 4; 1977 c 429 s 63; 1978 c 
 562 s 29; 1984 c 574 s 15 

     424.25 Board of examiners.  

    The relief association shall establish a board of examiners 
 who shall, as and when requested by the association's board of 
 trustees, make a thorough investigation and report on all 
 applications for membership in the association; investigate and 
 make report on all applications for disability pension and make 
 recommendations as to amount to be paid to the applicant; 
 investigate and make report on all disability pensioners, and 
 make recommendations as to amount of pension to be paid to them 
 from year to year; and investigate and report on all 
 applications for service pensions, and claims for relief.  This 
 board shall consist of a competent physician selected by the 
 association, and at least three members of the relief 
 association on active duty with the fire department.  

    HIST: 1941 c 267 s 25 

  424.26 Repealed, 1983 c 219 s 11 

     424.27 Payments exempt from legal process. 

    All payments made or to be made by any relief associations 
 under any of the provisions of sections 424.01 to 424.29 shall 
 be totally exempt from garnishment, execution, or other legal 
 process, except as provided in section 518.58, 518.581, or 
 518.6111.  No persons entitled to such payment shall have the 
 right to assign the same, nor shall the association have 
 authority to recognize any assignment, or to pay any sum on 
 account thereof.  Any attempt to transfer any such right or 
 claim or any part thereof shall be void.  

    HIST: 1941 c 267 s 27; 1984 c 547 s 14; 1987 c 157 s 13; 1997 
 c 203 art 6 s 92 

     424.28 Workers' Compensation Act not affected. 

    Sections 424.01 to 424.29 shall not be construed as 
 abridging, repealing, or amending the laws of this state 
 relating to the provisions of the law commonly known as the 
 Workers' Compensation Act. 

    HIST: 1941 c 267 s 28; 1975 c 359 s 23 

     424.29 Pensions to be uniform. 

    All pensions paid to firefighters or their surviving 
 spouses pursuant to the provisions of sections 424.01 to 424.29 
 shall be uniform except as may be specifically provided for 
 therein. 

    HIST: 1941 c 267 s 31; 1977 c 429 s 63; 1978 c 562 s 30 

  424.30 Repealed, 1979 c 201 s 44 

  424.31 Repealed, 1979 c 201 s 44