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424A.01 MEMBERSHIP IN A VOLUNTEER FIREFIGHTERS' RELIEF ASSOCIATION.
    Subdivision 1. Minors. It is unlawful for any municipality or independent nonprofit
firefighting corporation to employ a minor as a volunteer firefighter or to permit a minor to serve
in any capacity performing any firefighting duties with a volunteer fire department.
    Subd. 2. Status of substitute volunteer firefighters. No person who is serving as a
substitute volunteer firefighter shall be deemed to be a firefighter for purposes of chapter 69 or
this chapter nor shall be authorized to be a member of any volunteer firefighters' relief association
governed by chapter 69 or this chapter.
    Subd. 3. Status of nonmember volunteer firefighters. No person who is serving as a
firefighter in a fire department but who is not a member of the applicable firefighters' relief
association shall be entitled to any service pension or ancillary benefits from the relief association.
    Subd. 3a.[Repealed, 1989 c 319 art 10 s 8]
    Subd. 4. Exclusion of persons constituting an unwarranted health risk. The board of
trustees of every relief association may exclude from membership in the relief association all
applicants who, due to some medically determinable physical or mental impairment or condition,
would constitute a predictable and unwarranted risk of imposing liability for an ancillary benefit at
any age earlier than the minimum age specified for receipt of a service pension. Notwithstanding
any provision of section 363A.25, it shall be a good and valid defense to a complaint or action
brought under chapter 363A that the board of trustees of the relief association made a good faith
determination that the applicant suffers from an impairment or condition constituting a predictable
and unwarranted risk for the relief association if the determination was made following
consideration of: (a) the person's medical history; and (b) the report of the physician completing a
physical examination of the applicant completed at the expense of the relief association.
    Subd. 5. Fire prevention personnel. (a) If the fire department is a municipal department
and the applicable municipality approves, or if the fire department is an independent nonprofit
firefighting corporation and the contracting municipality or municipalities approve, the fire
department may employ or otherwise utilize the services of persons as volunteer firefighters to
perform fire prevention duties and to supervise fire prevention activities.
(b) Personnel serving in fire prevention positions are eligible to be members of the applicable
volunteer firefighter relief association and to qualify for service pension or other benefit coverage
of the relief association on the same basis as fire department personnel who perform fire
suppression duties.
(c) Personnel serving in fire prevention positions also are eligible to receive any other
benefits under the applicable law or practice for services on the same basis as personnel employed
to perform fire suppression duties.
History: 1979 c 201 s 11; 1981 c 224 s 274; 1982 c 460 s 7; 1983 c 219 s 5; 1989 c 319 art
10 s 2; 1996 c 438 art 8 s 3

Official Publication of the State of Minnesota
Revisor of Statutes