2001 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. 

    HIST: 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