2001 Minnesota Statutes

     423.43 Police officer defined; present relief 
  association; present benefit rights; acceptance. 

    A police officer under sections 423.41 to 423.62 is a duly 
 appointed police officer, who is regularly entered on the 
 payroll of the police department of such city, serving on active 
 duty therein, after having completed any probationary period 
 required under the laws or ordinances of such city.  
 Probationers in the police department, substitutes and persons 
 employed irregularly from time to time, and elective officials 
 of such department, shall not be deemed to be included under 
 sections 423.41 to 423.62.  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 employment and training act, or the 
 person agrees in writing to make the required employer 
 contribution in addition to the member contribution. 

    All persons who are members of the police officers' relief 
 associations of such cities, at the time of the passage of Laws 
 1947, chapter 624, whether their status is embraced within the 
 definition of a police officer 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 police officer 
 herein provided shall have the right to retain membership on 
 promotion or appointment to other positions to which such police 
 officers herein may be subject. 

    Sections 423.41 to 423.62 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 act or acts, at the time Laws 1947, chapter 624, becomes 
 effective.  Payment of such pensions and benefits shall be 
 continued by the respective associations in accordance with 
 their articles of incorporation and bylaws, and shall be subject 
 to all of the provisions thereof, existing at the time of the 
 passage of Laws 1947, chapter 624, but each such association may 
 elect to come under the provisions of sections 423.41 to 423.62 
 by the adoption of a resolution of the members of said 
 association signifying its intention to do so, by a majority 
 vote of all members then entitled to vote and voting, at any 
 annual meeting of said association, or at any special meeting 
 duly called for that purpose, and upon the filing of a copy of 
 said resolution certified by the proper officers, with the 
 secretary of state, and the filing and recording in the office 
 of the county recorder of the county in which such association 
 is located.  Upon the adoption of such a resolution, sections 
 423.41 to 423.62 shall apply to all accepting associations as 
 fully as though such associations had been formed hereunder, 
 notwithstanding the provisions of any constitution, bylaws, 
 charter provision or ordinance. 

    HIST: 1947 c 624 s 3; 1976 c 181 s 2; 1978 c 720 s 15; 1986 c 
 444