2006 Minnesota Statutes

424A.001 DEFINITIONS.
    Subdivision 1. Terms defined. As used in this chapter, the terms defined in this section
have the meanings given.
    Subd. 2. Fire department. "Fire department" includes municipal fire department and
independent nonprofit firefighting corporation.
    Subd. 3. Municipality. "Municipality" means a municipality which has a fire department
with which the relief association is directly associated, or the municipalities which contract with
the independent nonprofit firefighting corporation of which the relief association is a subsidiary.
    Subd. 4. Relief association. "Relief association" means (a) a volunteer firefighters' relief
association or volunteer firefighters' division or account of a partially salaried and partially
volunteer firefighters' relief association organized and incorporated under chapter 317A and
any laws of the state, governed by this chapter and chapter 69, and directly associated with a
fire department established by municipal ordinance; or (b) any separate incorporated volunteer
firefighters' relief association subsidiary to and providing service pension and retirement benefit
coverage for members of an independent nonprofit firefighting corporation organized under the
provisions of chapter 317A, governed by this chapter, and operating exclusively for firefighting
purposes. A relief association is a governmental entity that receives and manages public money to
provide retirement benefits for individuals providing the governmental services of firefighting and
emergency first response.
    Subd. 5. Special fund. "Special fund" means special fund of a volunteer firefighters' relief
association or the account for volunteer firefighters within the special fund of a partially salaried
and partially volunteer firefighters' relief association.
    Subd. 6. Surviving spouse. For purposes of this chapter, and the governing bylaws of any
relief association to which this chapter applies, the term "surviving spouse" means any person
who was the dependent spouse of a deceased active member or retired former member living with
the member at the time of the death of the active member or retired former member for at least
one year prior to the date on which the member terminated active service and membership.
    Subd. 7. Fiduciary responsibility. In the discharge of their respective duties, the officers
and trustees shall be held to the standard of care enumerated in section 11A.09. In addition, the
trustees must act in accordance with chapter 356A.
Each member of the board is a fiduciary and shall undertake all fiduciary activities in
accordance with the standard of care of section 11A.09, and in a manner consistent with chapter
356A. No fiduciary of a relief association shall cause a relief association to engage in a transaction
if the fiduciary knows or should know that a transaction constitutes one of the following direct or
indirect transactions:
(1) sale or exchange or leasing of any real property between the relief association and a
board member;
(2) lending of money or other extension of credit between the relief association and a board
member or member of the relief association;
(3) furnishing of goods, services, or facilities between the relief association and a board
member; or
(4) transfer to a board member, or use by or for the benefit of a board member, of any assets
of the relief association. Transfer of assets does not mean the payment of relief association
benefits or administrative expenses permitted by law.
    Subd. 8. Firefighting service. "Firefighting service," if the applicable municipality approves
for a fire department that is a municipal department, or if the contracting municipality or
municipalities approve for a fire department that is an independent nonprofit firefighting
corporation, includes service rendered by fire prevention personnel.
    Subd. 9. Separate from active service. "Separate from active service" means to permanently
cease to perform fire suppression duties with a particular volunteer fire department, to permanently
cease to perform fire prevention duties, to permanently cease to supervise fire suppression duties,
and to permanently cease to supervise fire prevention duties.
    Subd. 10. Volunteer firefighter. "Volunteer firefighter" means a person who:
(1) was a member of the applicable fire department or the firefighting corporation and a
member of the relief association on July 1, 2006; or
(2) became a member of the applicable fire department or the firefighting corporation and is
eligible for membership in the applicable relief association after June 30, 2006, and
(i) is engaged in providing emergency response services or delivering fire education or
prevention services as a member of a municipal fire department, a joint powers entity fire
department, or an independent nonprofit firefighting corporation;
(ii) is trained in or is qualified to provide fire suppression duties or to provide fire prevention
duties under subdivision 8; and
(iii) meets any other minimum firefighter and service standards established by the fire
department or firefighting corporation or specified in the articles of incorporation or bylaws of
the relief association.
History: 1983 c 219 s 4; 1986 c 359 s 18,19; 1Sp1986 c 3 art 2 s 40; 1989 c 304 s 137; 1989
c 319 art 8 s 26; 1996 c 438 art 8 s 1,2; 2000 c 461 art 15 s 4; 2006 c 271 art 13 s 2
NOTE: Subdivision 10 as added by Laws 2006, chapter 271, article 13, section 2, is effective
January 1, 2008. Laws 2006, chapter 271, article 13, section 7.