2020-03CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTY, MINNESOTA
DATE: January 27, 2020 RESOLUTION NO:
MOTION BY: Campion SECONDED BY:
2020-03
Coleman
RESOLUTION AMENDING THE BYLAWS OF THE
CHANHASSEN FIREFIGHTERS RELIEF ASSOCIATION
WHEREAS, the Chanhassen Firefighter's Relief Association has requested the City to
approve amendments to the following articles:
Article II, General Definitions
Section 2.3, Break in Service
Section 2.4, Year of Active Service
Section 2.5, Active Service
Article III, Membership
Section 3.2 Categories of Members
Section 3.3 Voting
Article IV, Meetings
Section 4.1 Annual Meetings
Article V, Officers and Trustees
Section 5.2 Election and Term of Office
Section 5.3 Board of Trustees
Section 5.5 Vacancies
Section 5.6 Responsibilities
Article VII, Committees
Section 7.3 Reports
Article IX, Funds
Section 9.1 Funds
Section 9.2 General Fund
Section 9.3 Special Fund
Section 9.4 Memorial Fund (new section inserted)
Section 9.5 Deposits (section renumbered)
Section 9.6 Disbursements (section renumbered)
Article X, Benefits
Section 10.2 Eligibility
Article XI, Optional Forms of Payment
Section 11.3 Assignment
Article XIII, Ancillary Benefits
Section 13.1A Survivor Benefits
Section 13.2 Permanent Disability Relief
Section 13.3 Temporary Disability Benefits
WHEREAS, it is in the best interest of the City and of the Relief Association that the
bylaw amendments be approved.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chanhassen, Minnesota, that the Bylaws of the Chanhassen Firefighter's Relief Association be
amended as shown above and on the attached redlined copy.
Passed and adopted by the Chanhassen City Council this 27"' day of January, 2020.
ATTES •
odd Gerhardt, City Manager Elise Ryan, Mayor
YES NO ABSENT
Ryan
Campion
Coleman
McDonald
2
Tj ornhom
BY-LAWS OF THE CHANHASSEN FIREFIGHTER'S
RELIEF ASSOCIATION
ARTICLE I — NAME, PURPOSE AND TYPE
Section 1.1 Name: The name of the relief association shall be "The Chanhassen Firefighter's
Relief Association."
Section 1.2 P ose: 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.
Section 1.3 Association Type: The Chanhassen Firefighter's Relief Association is a defined
benefit relief association subject to Minnesota Statutes Sections 69.771 to 69.774, 424A.015, and
424A.02.
Deleted: s
+45347vI 9, _ _ Page 1
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. § 11A.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 11A.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:
i. Sale or exchange or leasing of any real property between the Association and a
board member;
ii. lending of money or other extension of credit between the Association and
a board member or member of the Association;
iii. furnishing goods, services, or facilities between the Association and a board
member; or
iv. 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.
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 during the duration of a suspension.. The
Relief President should receive a written onicna conununieation from the Fire Chief detailine
which requirements were not met and the general reason for the break in service. If a
suspension is the reason for the break in service. the written official conununieation from the
Fire Chief should include the necessary details of the suspension. All written official
communications regarding suspension should state that the specified individual is not
acenung pension credit for the duration of the suspension All written official communication
regarding a break in se�` ' ,»- ?[' t,1t�n.,�. „t ! r t errn�e�,* Teta Practices
Act, Minn Stat_, CH 1 - A break in service does not include an approved leave of absence
pursuant to the bylaws.
( Deleted: 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.
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. Pursuant to Minn
Stat. 424A.003 the Fire Chief shall deliver to the Relief Association a roster of
( Deleted: 9
Page 2
Chanhassen Firefighters and the associated "good time" service credits for each member
for the specified calendar year. Additionally, each firefighter shall be notified of their
service credits individually. The Relief Association shall provide by written memorandum
an "acceptance" letter confirming the information is correct
Section 2.5 Active Service: The acq,- �f_ • . ?! ! 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: The spouse of a deceased member who was legally married to
the member at the time of the member's death.
Section 2.9 Designated Beneficiary. Means a natural person.
145s47v Page 3
Deleted: ive perfonnauce
Deleted: of fue suppression duties or the supervision of fire
suppression duties. The performance of suppression or supervision
of fire suppression duties service includes
Deleted: 5
ARTICLE llI MEMBERSFIIP Deleted: y
Section 3.1 A_nnlicants: 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.
1 Active member is defined as a firefighter meeting a combination
of, responding to emergency calls while not working assigned shifts
responding to emergency calls while working assigned shifts and meeting
department guidelines for working scheduled shifts or aggregate hours in a
specified time period.
2 Active Career Firefighters Officers or Command staff are NOT eligible
for membershin in the Chanhassen Relief Association. Part Time or Full
Time City Employees (Exception of Career Firefighters, Officers, or
Command Staff) are eligible for active membership by meeting section 1
requirements, __ _.
t+ -
Deleted: l.'Ihe definition of active member includes
paid -on call part-time firefighter I
employed by the City of Chanhassen who receives pay for
Section 3.3 Voiillg: Each member shall be entitled to one vote on any matter voted upon by
each calls to which they respond. ¶
2. An active member includes a firefighter that is employed
the membership, except for.
fun time by the Cit, u
of CLantlassen ivllo receives pay for each non-scheduled.
who are not in good standing such as members on disciplinary probation or
non-maudaton fee suppression paged call. to which the}'
suspension. Voting by proxy is not permitted. All votes, unless specified prior to the vote, shall
reaped.
be conducted by voice vote. If a majority cannot be determined by voice vote, the Officer in
Deleted: memlxrs
Charge of the vote shall ask for a show of hands. Except as otherwise provided in these Bylaws,
Deleted:.
all items requiring a vote must pass by a majority vote 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 the individual at least 15 days
hearing. Cause for expulsion includes but is not limited to, failure to account for
prior to the
Deleted: 9
145847v Page 4
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.
lDeleted: s
Page 5
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 Deleted: in Aupst 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
Tnistees. otice of the amival meeting shall be given to all members and the General Public at Deleted: Writtm n
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) Call to Order
b) Roll Call
c) Reading of minutes of previous meeting
d) Secretary's report
e) Treasurer's report
f) Committee report
g) Unfinished Business
h) New Business
i) Adjournment
Section 4.5 Special Meetings: Special meetings of the members may 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.
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.
Deleted: s
145847v Page 6
Section 4.7 Notice of Meetings: Subject to waiver, a notice of every meeting shall 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.
Deleted: 9
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: Iwo Relief Association Board members
Deleted: Said officers shall be elected annually by the
Shall be elected at each annual meeting of the Association for three year terms or until
membership at the annual meeting in June of each year.
their successors have been elected and dulualifv. The terns of the elected trustees
shall be staggered.
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 Chie£ 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.
Deleted: Two Beard members shall be elected at each annual
. meeting of the Association for three year terns or until their
Section 5.4 Board of Trustees Elections: At any annual meeting of the Boardof Trustees,
have been elected and duly qualify. The terns ofthe
elected trustees shall be staggered.
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 Deleted—
hold
ele€ed,hold office only until the next special or annual meeting or the Association membership when
the successor shall be elected by the membership.
Section 5.6 Responsibilities: The Board of Trustees shall discharge their respective duties
using the standard of care specified in Minn. Stat. Section 11A.09 and shall act in accordance
with Minn. Stat. Ch. 356. Members of the Board are fiduciaries and shall undertake all fiduciary
activities in accordance with the standard of care un Minn. Stat. Section 11A.09 and in a
manner consistent with Minn. Stat. Ch. 356.
Deleted: e
=45847v Page 7
ARTICLE VI — DUTIES OF OFFICERS
Section 6.1 President's Dutv: 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 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 Dutv: 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
by the Board of Trustees. The Vice 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 6.3 Secretar3s 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 by
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 maybe 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
assa7v
Page 8 l
each meeting of the Board of Trustees, and prior to the annual meeting of the Association.
Failing in the Treasurer's obligations, the Treasurer maybe impeached and expelled from the
Association. The Treasurer shall deliver to the Treasurer's successor in office, or to any
committee appointed by the Board of Trustees to receive the same, all 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 maybe 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 maybe removed for just cause at a
special meeting of the members by a 213 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 maybe 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.
Deleted: 9
ssnrl
Page 9
ARTICLE VII — CONINIITTEES
Section 7.1 Establishment: The Board of Trustees may establish committees to aid the
Board in performing the business of the Association.
Section 7.3 goorts: All reports and resolutions shall be submitted in writing and no report Deleted: Section 7.2 -Aide Committee: The Aide Committee
shall consist of three members of the Rebef Association, as
from a committee shall be received unless it is approved by a majority of such committee, but a appointed by the Board of Trustees. The duty of the Aide Committee
minority report may always be presented. 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. ¶
Deleted: s
145847v ftV 10
ARTICLE VIII — I\TN-ES VVIENTS
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.
p,�,,,,�
Oaieted: s
145847v4 Page 11
ARTICLE IX — FUNDS
Section 9.1 Funds: The property and monies of this Association shall be kept in,
separate and distinct funds known as the "General Fund" 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 .in an amount not to
exceed S 1.00(; for any purpose reasonably suited to the welfare of the Association and its
members. A vote of the inawrity of the members present unci %,otw„ at a re�4ui,, or
�,.eeting is required for any disbursement of fiends in excess of S 1,000. However, upon a
vote of two-thirds of the members present and voting at a regular meeting or special meeting any
such monies maybe placed in the Special Fund.
Section 9.3 Special Fund: 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 maybe
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:
i) Payment of service pensions to retired members in accordance with these bylaws;
ii) Payment of temporary or permanent disability benefits to disabled members;
iii) Payment of survivor and death benefits;
iv) Administrative expenses as limited by Minn. Stat. §69.80; and
v) 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.
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.
Deleted: tnvo
Deleted; and
Deleted; .
Section 9.4 Memorial Fund: This is aspecial fiord created for the sole pumose of desioirins, Deleted;Way need towork "'"eDoug better ImSuageto
constnictinamaintaining and a datrng the Chanhassen Fire Department Memorial. Funds inav des"g1e this ruod>
be disbursed jTon a majority vote of the Board of Trustees for any purpose reasonably suited to
the sen-icinc, maintainingand updating of the Chanhassen Fire Department Memorial.
Section 9. Deposits: All money belonging to this Association shall be deposited to the Deleted` a
credit of the Association in such banks, trust companies, or other depositories as the Board of Deleted: s
145847v Page 12
Trustees may designate. The Boatel of Trustees shall make deposits in conformance with State
Statutes, the bylaws and the investment policy.
Section 9, 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.
24se47. Page '13
Deleted:
Deleted: e'
ARTICLE X — BENEFITS
Section 10.1 Pension: Effective January 1, 2018, the Association shall pay a defined benefit
lump sum service pension in accordance with Minn. Stat. 424A02. The Association shall pay to
each member who shall have served as an active firefighter in the Department for a period of 20
years or more prior to the member's resignation from the Department and who has reached the
age of 50 years or more, the sum of $6,800.00 for each year that the member served as an active
member of the Department. The pension shall start on the first day of the month following
retirement from the Association and shall not exceed the amount authorized under 424A.02,
subd. I.
Section 10.2 Eligibility: To be eligible to receive a full service pension a member must
meet all of the following requirements:
i) Be at least 50 years of age;
ii) Have retired from the Fire Department of the municipality;
iii) Have completed at least 20 years of active service with such department before
retirement;
iv) Have been a member of the Association in good standing prior to such retirement. Deleted: at least 5 y ears
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) Age of the applicant;
ii) Length of service the applicant has been a member of the Association;
iii) 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.
Deleted: s
145847v . Page 14
Deleted: 9
145847vj�,
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) A single lump sum check payment payable to the eligible retiree.
ii) 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.
Section 11.3 Assignment: No service pension or ancillary benefits paid or payable form the
special fund of Association to any person receiving or entitled to receive a service pension Deleted: a
or ancillary benefits shall be subject to garnishment, judgment, execution, or other legal
process, except as provided Minn. Stat. Sections 518.58, 518.581 or 518A.53. 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.
Deleted: 9
_45847v Page 16
ARTICLE XII — SUPPLEMENTAL BENEFITS
Section 12.1 Members: The Association shall pay a supplemental benefit to an active or
deferred member who receive a lump sum distribution of pension or retirement benefits for
service performed as a volunteer firefighter at the time the lump sum benefit is paid. The
supplemental benefit is calculated as ten percent (10%) of the regular lump sum distribution, but
not to exceed $1,000.00.
Section 12.2 Survivor Benefit: Upon the payment of a lump sum survivor benefit to the
survivor of a deceased active member or deceased deferred member, a supplemental survivor
benefit will be paid to the married surviving spouse or, if none, to the surviving minor child or
minor children. The survivor supplemental benefit is calculated as 20°io of the survivor benefit
distribution, but not to exceed $2,000.00.
Section 12.3 Not Both: An individual may receive a supplemental benefit under Section 12.1
or under Section 12.2, but not under both Sections ;-ith respect to one lump sum benefit.
Deleted:9
.s=san Page 17
ARTICLE XIII — ANCILLARY BENEFITS
Section 13.1 Survivor Benefits:
A. A lump sum survivor benefit shall be paid to the surviving spouse or surviving child or
children, or if none, to a designated beneficiary, or if none, a lump sum death benefit
shall be paid to the estate of the deceased active or deferred member in an amount equal
to the member's total earned service pension, which is defined as the member's years of
service multiplied by the benefit level at the time of death, without regard to minimum or
partial vesting requirements. A designated beneficiary may be a trust created under
Chapter 501 B if the survivor benefit will be distributed as a one-time lump sum payment.
The years of services shall be determined as of
(i) the date the member or former member became entitled to the ancillary
benefit; or
(ii) the date the member or former member died entitling a survivor or the
estate of the member or former member to the benefit. In no case shall the
survivor benefit exceed five times the yearly service pension amount
specified in the bylaws in the case of a member who dies before having
performed five years of active service in the fire department.
B. 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 13.2 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 totally and permanently disabled with a service related
disability shall be eligible to collect a disability benefit in an amount equal to the benefit level in
effect on the date of disability per year of active service. 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) A total and permanent disability is defined as the inability of an active member 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
145847v Page 18
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Formatted: Indent: Left: I", Space After. 0 pt
Formatted: Indent: Left: 1", Space After: 0 pt
Deleted:
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months or can be expected to result in death, that was incurred in the line of
duty.
iii) Reports required:
a. No member shall be paid disability benefits except upon the
written report of a of the member's Deleted: physician or chiropractor
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:
a. 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 Deleted: a
an actively licensed medical doctorpf the member's choice. The 1ct€ ively Deleted: pays mcuchiropractir
licensed medical doctor will submit a written opinion concerning the Daktadt p:wsician ar chiropractor
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 actively licensed medical 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 f irnisbes
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:
a. Procedure: If the applicant for disability benefits feels he/she has been
aggrieved by any action of the Board, he/she shall, within sixty (60) days
from notice of such action of the Board, file written objections and the
reasons thereof with the Board and shall be allowed to appeal the
determination pursuant to the review procedure in these bylaws.
Section 13.3 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 —---
Deleted: s
_<`san Page 19
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 during this period and Deleted: a phi sicim or doctor
submits a written opinion Concerning the diagnosis and Deleted: the physic-= or doctor
prognosis of the applicant's temporary disability and inability to work, its probable duration,
and the cause of the injury or illness.
Section 13.4 Military Leave:
A. Authorization. Subject to restrictions stated in Minn. Stat. § 424A.021, a
volunteer firefighter who is absent from firefighting service due to service in the uniformed
serices, as defined in United States Code, Title 38, section 4303(13), may obtain an allocation by
the relief association as though the person was an active member for the period of the uniformed
service, not to exceed five (5) years, unless a longer period is required under United States Code,
title 38, section 4312.
Limitations.
(a) To be eligible for an allocation as though an active member under this section, the
volunteer firefighter must return to firefighting service with coverage by this
Association upon discharge from service in the uniformed service within the time
frame required in United States Code, title 38, section 4312(e).
(b) An allocation as though an active member is not authorized if the firefighter
separates from uniformed service with a dishonorable or bad conduct discharge or
under other than honorable conditions. An allocation as though an active member
is also not authorized if the firefighter fails to provide notice to the fire
department that the individual is leaving to provide service in the uniformed
service, unless it is not feasible to provide that notice due to the emergency nature
of the situation.
Section 13.5 AMnroval 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 majority of a quorum of the Board
of Trustees present at the Association meeting.
Deleted: 9
Pa
-e ge 20
ARTICLE XIV — EARLY VESTING PROVISION
Section 14.1. 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
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 and thereafter
Nonforfeitable Percentage
of Pension Amount
40%
44%
48%
52%
56%
60%
64%
68%
72%
76%
80%
84%
88%
92%
96%
100%
9�
Deleted: s
Page 21
ARTICLE XV — DEFERRED PENSION STATUS
Section 15.1 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. At that time, the Association shall pay the member amount payable per year of service
in effect at the time of retirement. 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.
Deleted: 5
145847vPage 22
ARTICLE XVI — RETURN TO SERVICE
Section 16.1 Active Service: Active service shall be defined as provided under Article 11.
Annually, the Board of Trustees shall obtain certification from the Fire Chief of each
member's active service.
Section 16.2 Break in Service: A member unable to perform the duties of a firefighter
because of a temporary disability incurred in the line of duty as a firefighter shall be considered
to be on active duty. If the member is unable to perform the duties of a firefighter for any other
reason, including approved leaves of absence, the member shall be considered to have a break
in service and shall not receive service credit in the Association for that period of time. Parts of
years may be added together to compute full years. A member, upon the resumption of active
service with the Fire Department, shall recommence membership in the Association if the
member's break in service was less than 60 days. Breaks in service due to Uniform Service
Leave, Minn. Stat. § 424.021, Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et al.,
or any other periods of inactive service protected by Federal or State law shall be handled in
accordance with the relevant law.
Section 16.3 Return to Service: Any member who has ceased to perform or supervise fire
suppression and fire prevention duties for at least 60 days, including former members that have
received payment for an accrued pension or benefit, shall be eligible to resume active
membership in the Association should the member resume active firefighting duties with the
Chanhassen Fire Department. Upon a resumption of active service, the member must remain in
active service with the Chanhassen Fire Department equal in time to the leave of absence to
accrue any additional service credit with the Association. If the member completes the minimum
period of resumption service specified in this Section prior to a subsequent cessation of
firefighting duties, the member shall receive a service pension for all years of active service (and
months, if applicable) calculated at the benefit level in effect on the date of the member's final
cessation of duties, however, no member maybe paid a service pension twice for the same
period of service.
If the member does not complete the minimum period of resumption service specified in this
Section prior to a subsequent cessation of duties, the member shall receive a service pension for
the member's original years of service calculated at the benefit level in effect upon the
member's origiraI cessation of duties, with no credit for the subsequent period of active service.
6elebed- e
145847v1
ARTICLE XVII — AMENDMENTS
Section 17.1 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 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, manner of
payment of, or the conditions for qualification for services pensions or ancillary benefits or
disbursements other than administrative expenses payable from the special fund of the
Association, then the 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
Approved by Amendment by the Chanhassen City Council November 25, 1991
Approved by Amendment by the Chanhassen City Council October 25, 1993
Approved by Amendment by the Chanhassen City Council April 9, 2001
Approved by Amendment by the Chanhassen City Council February 13, 2006
Approved by Amendment by the Chanhassen City Council December 8, 2014
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 May 8, 2006
Amended by the Chanhassen Fire Relief Association December 8, 2014
Amended by the Chanhassen Fire Relief Association jylay9, 2019
Delated:.iaunu}•
Deleted: 14 )
Deleted:4
Deleted: 9
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