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2m Fire Dept. Bylaws ITYOF 690 City Center Drive PO Box 147 Chanhassen, Minnesota 55317 Phone 952.93~ 1900 General F~v 952.93Z5739 E~o~eering Deparonent Fax 952.93Z9152 Building Depamnent F~ 952.93(2524 1t% Site wwu~ci.d~an/~asse,, mn. us TO: FROM: DATE: SUB J: Mayor City Council Todd Gerhardt, City Manager January 10, 2002 Approve Modification to Fire Department Bylaws This past spring the City Council approved the Fire Relief Association's retirement plan. As a part of that approval, the Fire Department needed to modify their bylaws. Attached is a copy of the suggested changes as prepared by the City Attorney's office. . RECOMMENDATION Staff is reconm'nending approval of the modifications to the Chanhassen Fire Department's Bylaws as attached. gAadmin\tgXfd bylaws.doc C. in~ nf Cl~anhacce.. A arn.,i.a Ch,mint.in, wit/* r/pa./.l.,.c.n.alit¥ crlmn/¢ . r/~m~;na //m,,ntnm. th,'i.ina hudn~,¢~c 41~ l~,mtif~d ~rl.r .4 m't, at i~[arp tn Jr,t, wnr~, ,md t~lm, ~x 95263 A T~rT~T/~T T? TTT 95263 -i ...... v +h~ r~a,, BY-LAWS OF THE CHANHASSEN FIREFIGHTER'S RELIEF ASSOCIATION ARTICLE I - NAME AND PURPOSE Section 1.1. Name. The name of-the relief association shall be "The Chanhassen Firefighter's Relief Association." Section 1.2. Purpose. The Purpose of the Chanhassen Firefighter's Relief Association is to provide retirement relief and other benefits to its members and dependents. The Chanhassen Firefighter's Relief Association is a governmental entity that receives and manages public money to provide retirement benefits for individuals providing the governmental services of firefighting. If the individual is a member of the fire department, probationary or not, then the individual must be offered membership in the Association. ARTICLE II - GENERAL DEFINITIONS Section 2.1. Fiduciary Responsibility. In the discharge of their respective duties, the officers and trustees shall be held to the standard of care enumerated in Minn. Stat. § 1 lA.09. In addition, the trustees must act in accordance with Minn. Stat. §356A. Each member of the board is a fiduciary and shall undertake all fiduciary activities in accordance with the standard of care of section 1 lA.09, and in a manner consistent with Minn. Stat. §356A. No trustee of the Chanhassen Firefighter's Relief Association shall cause the 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' ii) iii) iv) Sale or exchange or leasing of any real property between the Association and a board member; lending of money or other extension of credit between the Association and a board member or member of the Association; furnishing goods, services, or facilities between the Association and a board member; or transfer to a board member, or use by or for the benefit of a board member, of any assets of the Association. Transfer of assets does not mean the payment of Association benefits or administrative expenses permitted by law. 95263 44 J Section 2.2 Board of Trustees: The Board of Trustees of the Relief Association shall be as specified under Minn. Stat. §424A.04. There shall be three ex-officio members. The three ex-officio trustees shall be the mayor, the chief of the fire department, and the clerk, clerk treasurer or finance director. Section 2.3 Break in Service: A minimum of three months, occurring consecutively (computation period) during which the participant does not complete the fire departments Call, Training, Meeting and Performance requirements. At the option of the Board of Trusties, members may not be given active service credit during a year in which they have a break in service. A break in service does not include an approved leave of absence pursuant to the bylaws. Section 2.4 Year of Active Service: For the purpose of computing benefits or service pensions payable, a year of service shall be defined as a period of 12 full months of active service in the Chanhassen Fire Department. Service pensions will be prorated monthly for fractional years of service pursuant to Minn. Stat. {}424A.02, subd. 1. Section 2.5 Active Service: The active performance of fire suppression duties or the supervision of fire suppression duties. The performance of suppression or supervision of fire suppression duties service includes meeting the Fire Department's call, training meetings and performance requirements. For purpose of computing benefits or service pensions payable, a year of service shall be defined as a period of 12 full months of active service in the Chanhassen Fire Department. Section 2.6 Leave of Absence: If the board has approved a leave of absence for the member, the treasurer shall prorate monthly, that year of service and pay the member accordingly. All leaves of absence of more than 6 months occurring during a year, 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. Any member returning from a leave of absence beyond six months must remain in active service equal in time to the leave of absence in order to qualify for any pension increases having occurred during the leave time. If this requirement is not met prior to the individual's resignation, the retirement benefits will refer to those in effect at such time the leave of absence began. Section 2.7 Trustees: The individuals designated as such by Minn. Stat. §424A.04 and by virtue of elected office, those that qualify as an ex-officio trustee. Section 2.8 Surviving Spouse: 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. 95263 44 I ' Section 2.9 Designated Beneficiary: Means a natural person. ARTICLE III - MEMBERSHIP Section 3.1. Applicants. All members of the Chanhassen Volunteer Fire Department shall be eligible to join this Association. All applicants for membership shall be sent to the Board of Trustees. Each application shall be in writing on a form supplied by the Secretary of the Association, signed by the applicant, stating name, residence and the date that the applicant joined the department. Section 3.2 Categories of Members. Members of this Association shall be classified into four categories: active, deferred, disabled, and retired. (a) Active members are those that have not been suspended or expelled from this Association; (b) Deferred members shall be those former members who have retired from the Chanhassen Fire Department and who have had an active period or periods of service in the Chanhassen Fire Department for 5 years, but who have not reached the age of 50 years (c) Disabled members are those former members that have been permanently disabled due to injury or sickness while an active member and are no longer in active service with the Chanhassen Fire Department (d) Retired members shall be those drawing a pension under the applicable statutes and bylaws of this Association. . The definition of active member includes a paid-on call part-time firefighter employed by the City of Chanhassen who receives pay for each call to which they respond. . An active member includes a firefighter that is empJoyed full time by the City of Chanhassen who receives pay for each non- scheduled, non-mandatory fire suppression call, to which they respond. Section 3.3 Voting. Each member shall be entitled to one vote on any matter voted upon by the membership, except for members who are not in good standing, such as members on disciplinary probation or suspension. Voting by proxy is not permitted. All votes, unless specified prior to the vote, shall be conducted by voice vote. If a majority cannot be determined by voice vote, the Officer in Charge of the vote shall ask for a show of hands. Except as otherwise provided in these Bylaws, all items requiring a vote must pass by a majority vpte of all members present at a regular or special meeting of the general membership. Section 3.4. Rights and Privileges Forfeited. Any member may be expelled from the Association for cause by a 2/3 vote of all members present at a regular or special meeting of the general membership. The member shall have the right to a hearing before the general membership and written notice via registered mail will be sent to 95263 44 I the individual at least 15 days prior to the hearing. Cause for expulsion includes but is not limited to, failure to account for money belonging to the Association or feigning illness or injury for the purpose of defrauding the Association. Section 3.5. Membership After Retirement. Any member who retires from said fire department after being vested shall remain a member of this Association. Once retiring from said fire department, however, a member shall not be eligible for disability relief from this Association. ARTICLE IV- MEETINGS Section 4.1. Annual Meetings. The regular annual meeting of the Association shall be the first month after completion of the Annual Audit or in June each year, whichever is the latter and shall not start until after 6:00 PM. The place of the meeting shall be designated and may be changed from time to time by the Board of Trustees. Written notice of the annual meeting shall be given to all members and the General Public at least ten (10) days in advance. Section 4.2. Quorum of Association Members. A majority of all the eligible voting members of the Association shall constitute a quorum for the transaction of business at annual, regular and special meetings. Section 4.3. Quorum of Board of Trustees. A majority of members of the Board of Trustees shall constitute a quorum for the transaction of business at meetings. Section 4.4. Order of Business. At the annual and regular meetings, the order of business shall be as follows: a) b) c) d) e) 0 g) h) i) Call to Order Roll Call Reading of minutes of previous meeting Secretary's report Treasurer's report Committee report Unfinished Business New Business Adjournment Section 4.5. Special Meetings. Special meetings of the members ma,/be called at any time upon the written order of the President and one other member of the Board of Trustees or 10 % of the members of the Association. The Secretary shall give written notice to each member of the Board of Trustees and each member of the Association entitled to vote, of the time, place, and purpose of such meeting at least ten (10) days in advance. 05263 44 I Section 4.6. Meeting Location. A meeting of the Board of Trustees shall be held at the registered office of the Association in the City of Chanhassen, unless noticed for another place within the state as designated by the Board. Section 4.7. Notice of Meetings. Subject to waiver, a notice of every meeting shal! be sent or delivered by the Secretary to each trustee including ex-officio trustees, at least 5, but not more than 30 days before the meeting, excluding the date of the meeting. Such notice shall set forth the date, time, place, and in the case of a special meeting, the purpose. ARTICLE V- OFFICERS AND TRUSTEES Section 5.1. Officers. The officers of this Association shall be a President, a Vice- President, a Secretary, and a Treasurer. Section 5.2. Election and Term of Office. Said officers shall be elected annually by the membership at the annual meeting in June of each year. Section 5.3. Board of Trustees. The Board of Trustees shall be composed of six members elected by the membership and three ex-officio members consisting of the Mayor, the Fire Department Chief, and the City Clerk, Clerk Treasurer or Finance Director. One of the six trustees elected from the Association may be a retired member receiving a monthly pension, who is elected by the membership of the Association. Two Board members shall be elected at each annual meeting of the Association for three year terms or until their successors have been elected and duly qualify. The terms of the elected trustees shall be staggered. Section 5.4. Board of Trustees Elections. At any annual meeting of the Board of Trustees, the Board shall elect from their number, excluding ex Officio Trustees, a President, Vice President, Secretary, and Treasurer. These officers shall hold office until the next annual meeting. Section 5.5. Vacancies. A vacancy on the Board of Trustees may be filled by the remaining Board members at any regular, or special Board meeting but the Board members so elected shall hold office only until the next special or annual meeting or the Association membership when the successor shall be elected by the membership. ARTICLE VI - DUTIES OF OFFICERS Section 6.1. President's Duty. It shall be the duty of the President to preside at all meetings of this Association and the Board of Trustees. The President shall enforce the due observance of Minnesota State Statutes, the Articles of Incorporation and the Bylaws and see that the Officers properly perform the duties assigned to them. The os263 44 [ President shall sign all checks issued by the Treasurer and all other papers requiring the President's signature. The President shall be a member of all committees and shall exercise careful supervision over the affairs of the Association. The President shall have other duties as assigned from time to time by the Board of Trustees. The President shall receive such salary as may be fixed from time to time by the Board of Trustees, subject to approval of the Association, and payable'from the Special Fund of the Association. Section 6.2. Vice-President's Duty. The Vice-President shall perform the duties of the President in his/her absence or disability and in the case a vacancy in the office of President, until a successor has been elected. In the absence of both the President and the Vice President it shall be the duty of the Association to elect a President pro tem., who shall perform the duties incident to the office. The Vice President shall have other duties as assigned from time to time bv the Board of Trustees. Section 6.3. Secretary's Duty. It shall be the duty of the Secretary to keep and post a true and accurate record of the proceedings of all meetings of the Association and of the Board of Trustees. The Secretary shall keep a correct record of all amendments, alterations and additions to the Articles of Incorporation or the Bylaws in a separate book from the minute books of the Association. The Secretary shall properly notice all meetings of the Association and of the Board of Trustees. The Secretary shall prepare all paperwork and obtain required signatures for relief benefits due to membership and insure benefits are distributed to appropriate parties. The Secretary shall receive all monies due the Association and pay the same over to the Treasurer, taking a receipt for the same, and failing to do so the Secretary may be impeached and expelled from the Association. The Secretary shall keep individual files and a roll of membership, with the date of joining, resignation, discharge, leaves of absence, dues and assessments paid and relief or pensions furnished. The books of the Secretary shall at all times be open to inspection by the Board of Trustees. The Secretary shall have other duties as assigned from time to time b¥ the Board of Trustees. He/she shall sign all orders for payment issued to the Treasurer, and jointly with the Treasurer, prepare and file all reports and statements required by law. He/she shall receive such salary as may be fixed from time to time by the Board of Trustees, subject to approval of the Association, and payable from the Association's Special Fund. Section 6.4. Treasurer's Duty. It shall be the duty of the Treasurer to receive from the Secretary all funds belonging to the Association and hold them subject to the order of the President and countersigned by the Secretary. The Treasurer shall keep separate and distinct accounts of the Special and General Funds, and shall prepare and present to the Board of Trustees a full and detailed statement of the assets and liabilities of each fund separately at each meeting of the Board of Trustees, and prior to the annual meeting of the Association. Failing in the Treasurer's obligations, the Treasurer may be impeached and expelled from the Association. The Treasurer shall 05263 44 I - deliver to the Treasurer's successor in office, or to any committee appointed by the Board of Trustees to receive the same, alt monies, books, papers, and other items pertaining to the Treasurer's office immediately upon the expiration of the Treasurer's office. Prior to entering upon the duties of the Treasurer's office, the Treasurer shall give a bond in such amount and with such sureties as may be required and approved by the Board of Trustees and the City of Chanhassen, conditioned upon the faithful discharge of the Treasurer's trust and the faithful performance of the duties of the Treasurer's office, payable from the Association's Special Fund. The amount of the bond will be equal to at least 10% of the assets of the Association, however, the amount of the bond need not exceed $500,000. Jointly with the Secretary, the Treasurer shall prepare and file all reports and statements required by law. The Treasurer shall have other duties as assigned from time to time by the Board of Trustees. The Treasurer shall receive such salary as may be fixed by the Board of Trustees from time to time, subject to approval of the Association, and payable from Association's Special Fund. Section 6.5. Removals. Any officer or general trustee may be removed for .just cause at a special meeting of the members by a 2/3 vote of those elected to vote at an election of officers and trustees. No officer or general trustee shall be removed unless notice of the meeting at which removal is to be considered states such purpose. When an officer or trustee has been removed, new officers or general trustees may be elected at the same meeting to serve until the next annual meeting of the members and until their successors have been elected and have qualified. Section 6.6. Debts Prohibited. No officer or member of this Association shall contract any debt for the same unless authorized by the Board of Trustees. ARTICLE VII. COMMITTEES Section 7.1. Establishment. The Board of Trustees may establish committees to aid the Board in performing the business of the Association. Section 7.2. Aide Committee. The Aide Committee shall consist of three members of the Relief Association, as appointed by the Board of Trustees. The duty of the Aide Committee shall include, but not be limited to, ensuring that members submit all forms necessary for any claim for benefits and ensuring that those forms be filed with the proper agencies. The committee shall perform other duties assigned to it by the Board of Trustees from time to time. Section 7.3. Reports. All reports and resolutions shall be submitted in writing and no report from a committee shall be received unless it is approved by a majority of such cormnittee, but a minority report may always be presented. ARTICLE VIII. INVESTMENTS Section 8.1. Discharge of Duties. Trustees shall discharge their duties in good faith and with that diligence and care which an ordinarily prudent person would exercise under similar circumstances. Section 8.2. Investments. The Board of Trustees shall investigate and prepare for the safe and profitable investment of Association funds in conformance with State Statutes, the bylaws and any investment policy adopted by the Association. Section 8.3. Investment Committee. The Board of Trustees may designate two or more Association members to sit on an investment committee. The treasurer, the president and an ex-officio member shall also sit on the committee. The investment committee shall investigate and make recommendations to the board of suitable investments for Association funds among those permitted by Statute, the bylaws and any investment policy adopted by the Association. ARTICLE IX. FUNDS Section 9.1. Funds. The property and monies of this Association shall be kept in two separate and distinct funds known as the "General Fund" and the "Special Fund." Disbursements from the funds shall be in accordance with Minnesota Statutes and Rules and the bylaws of the Chanhassen Firefighter's Relief Association. Section 9.2. General Fund. The funds received by this Association from dues, donations, fines, initiation fees, entertainments, and other miscellaneous sources shall be kept in the General Fund and may be disbursed upon a majority vote of the Board of Trustees for any purpose reasonably suited to the welfare of the Association and its members. However, upon a vote of two-thirds of the members present and voting at a regular meeting or special meeting any such monies may be placed in the Special Fund. Section 9.3. Special Fund. Council. All funds received by this Association which qualify as state aid received pursuant to law, all taxes levied by or other revenues received from the City pursuant to law providing for municipal support for the Association, any moneys or property donated, given, granted or devised excluding fundraiser proceeds, by any person which is specified for the use for the support of the special fund and any interest earned on the assets of the special fund shall be kept in a fund known as the Special Fund. Any tax sources and other money which may be directly donated or transferred to said fund, shall be kept in a separate account on the books of the Treasurer known as the Special Fund and shall be disbursed only for the following purposes: 95263 44 [ ii) iii) iv) Payment of service pensions to retired members in accordance with these bylaws; Payment of ancillary benefits in accordance with these bylaws; Administrative expenses as limited by Minn. Stat. §69.80. Payment of fees, dues and assessments to the Minnesota association, State Fire Department Association, to the Minnesota Area Relief Association Coalition, and to the State Volunteer Firefighters Benefit Association. All other expenses shall be paid out of the General Fund. Section 9.4. Deposits. All money belonging to this Association shall be deposited to the credit of the Association in such banks, trust companies, or other depositories as the Board of Trustees may designate. The Board of Trustees shall make deposits in conformance with State Statutes, the bylaws and the investment policy. Section 9.5. Disbursements. No disbursement of funds of this Association shall be made except by checks drawn by the treasurer and countersigned by the President or Vice-President. Except when issued for salaries, pensions and other fixed charges, the exact amount of which has previously been determined by the Board of Trustees or the members, no check shall be issued until the claim to which it relates has been approved by the Board of Trustees. ARTICLE X. BENEFITS Section 10.1. Pension. Effective January 1, 2001. Upon request of a retired member, who has at least 20 years of active service, and approval of the Board of Trustees, the member may be entitled to a full service pension computed on the basis of $4,000 per year of active service of said member in the Chanhassen Fire Department. The Value of a full pension shall be based on the account balance at the end of the year in which the member retired from the Chanhassen Fire Department. The pension shall start on the first day of the month following retirement from the Association. Section 10.2. Eligibility.. To be eligible to receive a full service pension a member must meet all of the following requirements: ii) iii) iv) Be at least 50 years of age; Have retired from the Fire Department of the municipality; Have completed at least 20 years of active service with such department before retirement; Have been a member of the Association in good standing at least 5 years prior to such retirement. 95263 Section 10.3. Applications. All applications for pensions or deferred pension status shall be submitted in writing to the Board of Trustees at a regular or special meeting of the Board. An application form will be provided by the Secretary of the Association containing the following information: i) , ii) iii) Age of the applicant; Length of service the applicant has been a member of the Association; Such other information s the Board of Trustees may require by including lawful requests for information or questions on an application form for benefits which has been adopted by the Board of Trustees. Application for benefits shall be made by or on behalf of the applicant within 90 days prior to the date that the pension commences, and no pension benefits shall be paid for a period covering more than 90 days before the application is made. Section 10.4. Board Approval. It shall be the duty of the Board to approve applications for service pensions if the applicant meets all of the eligibility requirements set forth in these bylaws. It shall also be the duty of the Board not to approve the application if any of the eligibility requirements are not met. If an application is not approved, the Board shall return the application to the applicant within 30 days, noting thereon, with particularity, which requirements the applicant does not meet. Thereafter, the applicant shall be furnished with the opportunity to be heard by the full Board, within the next 30 days, on the question of whether the applicant meets all of the eligibility requirements. When the application is approved, the service pension shall be paid as a service pension to such applicant. ARTICLE XI. OPTIONAL FORMS OF PAYMENT Section 11.1. Payment Options. Because of the varying circumstances in each member's retirement planning, optional benefit payment methods are offered. Selection should occur after consultation with a tax consultant, insurance and/or estate planner, or an attorney. Alternate payment methods on the Application Form shall include: i) ii) A single lump sum check payment payable to the eligible retiree. Lump sum payment by the Association to a recognized insurance carrier licensed to do business in this state and approved for this product by the Commerce Commissioner under Minn. Stat. 60A.40. Section 11.2. Transfer to IRA Account. Upon written request from the retiring member who has given proper notice of retirement, the Secretary or Treasurer shall directly transfer the service pension amount into an Individual Retirement Account under Section 408(a) of the Internal Revenue Code, as amended. 95263 44 I ' Section 11.3. Assignment. No service pension or ancillary benefits paid or payable form the special fund of a Association to any person receiving or entitled to receive a service pension or ancillary benefits shall be subject to garnishment, .judgment, execution, or other legal process, except as provided Minn. Stat. Sections 518.58, .581 or .611. No service pension or ancillary benefit paid or payable from the pension fund shall be assignable by any member nor shall any assignment be recognized by the board. ARTICLE XII - ANCILLARY BENEFITS Section 12.1. Death Benefits. mo Bo Vested or Deferred Vested Member. Effective January 1, 2001. Upon the death of any member on the deferred vested pension roll or any active member who is vested, prior to commencement of the benefit, a lump sum pension shall be paid to the member's surviving spouse and surviving children as designated by the member, or if none, to the member's designated beneficiaries for the balance of the member's account in the plan. Such benefit shall commence on the first of the month following death and shall be payable as a one time payment. Active Member Who is Not a Vested or a Deferred Vested Member. Effective January 1, 2001. A death benefit of $25,000.00 shall be paid to the designated beneficiary of an active member of this Association who is also an active member of the Chanhassen Volunteer Fire Department who is not a Vested or Deferred Vested Member under Section i(A) of this Article. This benefit shall be paid out of the general fund. C° Members Receiving a Monthly Pension. Effective January 1, 2001. If a member who is receiving a monthly pension dies prior receiving all monthly pension payments, the remaining monthly payments plus the $1,000.00 retired annuity member death benefit shall be made to the member's surviving spouse and surviving children as designated by the member, and if none, to member's designated beneficiaries. Following the receipt of a death benefit provided under this Article, neither a member's beneficiary, nor estate is entitled to any other or further financial relief or benefits from the Association. Section 12.2. Permanent Disability Relief. A member who is permanently disabled from being an active member in the Chanhassen Fire Department shall be eligible for a disability benefit in lieu of retirement. Upon approval of the Board of Trustees pursuant to this section the disability benefits will apply: A member who is 95263 44[ permanently disabled with a service related disability shall be eligible to collect a disability benefit in an amount equal to his/her full account balance as of end of the year in which the application for disability pension is made. The member shall be eligible to receive the disability benefit immediately upon approval of the Board of Trustees. Any such disability benefit paid in accordance with this section shall be in lieu of all rights to further service pension and survivor's benefit. ii) Disability is defined as the inability to engage in performance of his/her duties as a firefighter by reason of a medically determinable physical or psychological impairment arising out of an act of duty which can be expected to last for a continuous period of not less than twelve months or can be expected to result in death, that was incurred in the line of duty. iii) Reports required. No member shall be paid disability benefits except upon the written report of a physician or chiropractor of the member's choice. This report shall set for the diagnosis and prognosis of the disability, disease or injury of the member. Each such report shall be filed with the Association. iv) Procedure. All applications for disability benefits shall be made within six months after such applicant has ceased to be an active member of the fire department. Written application shall be made to the Board setting out the nature and cause of such disability. This application shall be under oath by the member or his or her immediate family. The application shall be tabled until the next meeting so that the applicant may be examined by a physician or chiropractor of the member's choice. The physician or chiropractor will submit a written opinion concerning the diagnosis and prognosis of the applicant's permanent disability and its probable duration. The Board of Trustees has the discretion to request that another doctor, selected by the Board, examine the patient. Final determination of disability will be based on the reports of at least one doctor and by a 2/3 majority of a quorum of the Board of Trustees present at the subsequent Association meeting. v) An applicant shall not be considered under a disability unless he/she furnishes adequate proof of the existence thereof. An applicant's statement as to pain or other symptoms will not alone be conclusive evidence of disability as defined in this section. vi) Grievance Procedure. If the applicant for disability benefits feels he/she has been aggrieved by any action of the Board, he/she shall, 05263 44 [ - within sixty (60) days from notice of such action of the Board, file written objections and thc reasons thereof with the Board and shall be allowed to appeal the determination pursuant to the review procedure in these bylaws. Section 12.3 Temporary Disability Benefits. Upon the approval of the application therefore, any member of this Association who becomes temporarily physically incapacitated for active duty in the Chanhassen Fire Department because of illness or injury sustained in the performance of such duty and who is unable to work for one week or longer shall be paid a benefit of $5.00 per day for a period no longer than 120 days in any one fiscal year, providing he/she is under the care of a physician or doctor during this period and the p_h. ysician or doctor submits a written opinion concerning the diagnosis and prognosis of the applicant's temporary disability and inability to work, its probable duration, and the cause of the injury or illness. Section 12.4. Military Leave. In the event that any member is required to serve in the United States armed services either by enlistment or draft in case of national emergency, the time that the member has accrued towards his/her service pension in the Association shall remain fixed. The member shall be subject to the same eligibility rules as any other applicant for membership upon the member's return. Section 12.5. Approval of Claims. The Board of Trustees, upon being satisfied of the merit of any claim for benefits shall endorse its approval by a 2/3 maiority of a quorum of the Board of Trustees present at the Association meeting. ARTICLE XIII - EARLY VESTING PROVISION Section 13.1. Vesting. In the event a member with 5 years or more but less than 20 years of active service on the Chanhassen Fire Department resigns or otherwise becomes a nonmember, that person shall be entitled to the following benefits that represents the nonforfeitable portion of: Completed Years of Service Nonforfeitable Percentage of Pension Amount 5 40% 6 44% 7 48% 8 52% 9 56% 10 60% 11 64% 12 68% 13 72% 44 I ' 14 76% 15 80% 16 84% 17 88% 18 92% 19 96% 20 and thereafter 100 % ARTICLE XIV- DEFERRED PENSION STATUS Section 14.1. Deferred Pension. Effective January 1, 2001, a member of the Association who is otherwise qualified for a service pension but who has not reached the age of fifty years may retire from the Chanhassen Fire Department without forfeiting his/her right to such pension. Upon the application of such member, he/she shall be placed on a deferred pension roll and shall be entitled to receive the pension upon reaching the age of fifty years and making application therefore. The value of a deferred pension shall be based on the account balance at the end of the year in which the member retired from the Chanhassen Fire Department. Deferred pensions prior to January 1, 2001 will be calculated as of January 1, 2001. During the time a member is on the deferred pension roll he/she will not be eligible for any disability benefits as provided in Section 1 of this article. The deferred pension will start on the first day of the month following attainment of age 50 if the member retires with less than 20 years prior to reaching age 50. A member eligible for a reduced pension who retires after age 50 shall be immediately eligible for the appropriate pension. ARTICLE XV- AMENDMENTS Section 15.1. Amending By-Laws. The by-laws of this Association may be amended at any regular or special meeting thereof by a favorable vote of two-thirds of the members present and voting, provided that a quorum of 50 % of voting members are present and provided further that notice of any proposed amendment or amendments shall be given by reading the same at a regular or special meeting not more than 31 days next preceding that upon which such amendment or amendments are acted upon and that a notice be mailed to each member at his/her last known address not less than ten (10) days prior to such meeting. If such amendment or amendments shall change the amount of benefits or pensions, all such amendments shall be submitted to the Chanhassen City Council for approval. Approved by the Chanhassen City Council September 10, 1984 Approved by Amendment by the Chanhassen City Council March 3, 1986 Approved by Amendment by the Chanhassen City Council October 24, 1988 Approved by Amendment by the Chanhassen City Council January 28, 1991 95263 44 [ - Approved by Amendment by the Chanhassen City Council November 25, 1991 Approved by Amendment by the Chanhassen CiW Council October 25, 1993 Approved by Amendment by the Chanhassen City Council April 9, 2001 Adopted by the Chanhassen Relief Association October 29, 1984 Amended by the Chanhassen Fire Relief Association March 17, 1986 Amended by the Chanhassen Fire Relief Association December 14, 1988 Amended by the Chanhassen Fire Relief Association October 15, 1990 Amended by the Chanhassen Fire Relief Association December 16, 1991 Amended by the Chanhassen Fire Relief Association August 31, 1993 Amended by the Chanhassen Fire Relief Association 95263 44 [ '