HomeMy WebLinkAbout3.E. Fire Department Relief Association By-Laws-Res. No. 7140 i
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City of Shakopee
Memorandum
To: Mayor and City Council
Mark McNeill, City Administrator
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From: Julie A. Linnihan, Finance Director �
Subject: Relief Associate Bylaws Update
Date: November 22, 2011
Introduction:
The Shakopee Fire Department Relief Association has been working with City staff to develop updated i
bylaws. The attached document represents the most current version, and is placed before Council for
review and approval,
Back�round: ;
Fire Relief Board members have been working with staff from Minnesota Firefighter Pension
Consultants (MNFPC), who have provided a set of "model" bylaws. These bylaws have been discussed
and reviewed by City staff, City Attorney and Board members, most recently at a Relief ineeting of �
11/14/2011. The Relief Association has made the update and Council approval of bylaws a high priority
of 2011, as their goal was to provide these to Council prior to year end, 2011. The current bylaws were
last approved in September, 2001, through Resolution No. 5571(see attached). I
The new bylaws, as previously stated, are based on a"model", which is significantly different from the
existing bylaws, making a"side by side" comparison of the two difficult. Based on this factor, staff had
requested a review of the bylaws by City Attorney, Jim Thomson, who has stated that the primary
concern during any bylaw update is to ensure that any changes to benefit coverage be specifically
identified for Council action. The current pension amount, which was established in 2005, is set at
$7,500 for each year of pension benefit. This amount is not changing. The previous bylaws were silent
on the percentage of interest paid on deferred amounts, which has been approximately 5% annually,
and this amount is more clearly defined in the proposed bylaws. It has been noted that the MNFPC
organization provides information to Fire Relief Associations that is not meant to be a tax or legal
opinion, but is simply providing professional recommendations.
Recommendation: !
Per the discussion of the 11/14/2011 Fire Relief Association meeting, staff is submitting and requesting
approval of the updated bylaws (see attached). i
Requested Action:
Offer Resolution No. 7140 A Resolution Appproving the Bylaws of the Shakopee Fire Department Relief '
Association , and move its adoption. '
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RESOWTION NO. 7140
A RESOLUTION APPROVING THE BYLAWS OF THE
SHAKOPEE FIRE DEPARTMENT RELIEF ASSOCIATION
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WHEREAS, the Shakopee Fire Department Relief Association has rewritten its' bylaws and has I
submitted them to the City Council for approval.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,
that the City Council of the City of Shakopee, Minnesota, that the attached bylaws of the Shakopee Fire
i Department Relief Association, consisting of the appendices A— F, and dated November 1, 2010 are i
hereby approved.
I I Be it Further Resolved that Resolution Number 5571 and previous bylaws are hereby superseded. I
Adopted in work session of the City Council of the City of Shakopee, Minnesota, held this 22" day of
November, 2011.
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Mayor of the City of Shakopee
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ATTESt:
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City Clerk
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� RESOLUTION IVO. 5571 I
A RESOLUTION APPROVING THE BY-LAWS �F THE I I
SHAKOPEE FIRE DEPARTMENT RELIEF ASSOCIATION
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WHEREAS, the Shakopee Fire Department Relief Associa�ion
� has rewritten it's By-laws and has subr�itted thetn to the j
City Council for approval.
j NOW, THEREF�RE, BE IT RES�I,VED BY THE CTTY COUNCIL O�' THE
CITY OF SHAKOPEE, MINNESOTA, tYiat the City Council of the
� City of Shakopee, Minnesota, that the attached by-laws af
I the Shakopee Fire Department Relief Associatiorz, consisting
� of ten articles, and dated June 24, 2001 are hereby
' approved.
� Be It Further Resolved that Resolution Number 4246 and
previous by-laws are hereby superseded.
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i Adopted in ��_ session of the City Cauncil of �he
City of Shak ee, : Minnesota held �his � aay of
� September 2001_ i
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ZT�^ i
Mayor of the City af Shakopee I
I ATTEST:
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� Approved by the i
, Shakopee Fire Department Relief Association
June 25th, 2001 ;
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Benefit levels App�oved by the I
� Shakopee City Council �
I May 1, 2001 I
I Approved by the �I
Shakopee City Council , I
September 4, 2fl01
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CHA.NGE: Delete a�l references to $3.00 dues and replace with annval dues.
Rearon; dues amount keep changtng
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CHANGE: Chan�e annual meeting to be in Ap�il or May, this meeting will �ie far the
previous year, Del, third Manday in December. I
Reasori; annual reports our done ir� ApriJ or �1�Jay, have mare rQporis arid records.
i ADD: The board can require an independent medical ekam at the expense of the Relief I
i Association and withhold payments to the member until the findin�s of the exam are �
complete.
� Reason: make sure medical leaves our ligament
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CHANGE: Change vested amount to S years from 10
Reason, members wanted this, state statue allows it to be at � years, can be htgher
I ADD/CH.ANGE� Early vested and deferred members earn an annual rate of 5%, This is
d Il for aq
reiro act�ve and covers a!1 members presently {6-2001)on eariy and deferre ro s
years they have been on the pension ralls
Reasvn, preserlrly bylcrws srare the rate of return eariiL�d by the fund up to .i % max. .i %
annical(y would make it easier and faarer. �% is• stat� m�.x allawed
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� DELETE: Delete, requirements that early vested and deferred members pay dues.
Reas•o��, they cara �1ot collec� for what the dues go for. The old thotrght is this wrry we
coi�ld kc�c.�p trac� of i��activc� members, we have their mor7ey, they will contact us. Not I
wvt•th th� hass/c� of collectir�g.
DELETE: Delete, benefit formula
I Reaso�7, this orrt ctrrred, not bein used anymore. �
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DELETE: Delete, exception to investment poticy regarding limited partnerships ,
� Reasa», limitc,�d part�iership has beef� sold.
DELETE:Delete, assets aliocation
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Reason, thrs is decided by the Relief Board and can change. The i�rvestment fi�nd poficy
UI[lI!!1�'S lf' ha� car� ajtd ccui not be used as touls of investment. I
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ADD: Add, 35% call requirement, members will be paid for years of service in which they
' met or they exceed the 35% call requirement. Any member not meeting the 35% I
, requirement for 2 or more years in a row will be paid the benefit leve( which was in force 2 I
years or more, the amount will be equal to the years they did not make the 35% I
requirement in a row, of their separation date.
Rea�on, crry passed benc.f t increases based on a 3� % call requirement. Th� Relief I
� Offrcers offered this bu��d orr survey res7�lts of inembers a�rd discl�ssion at a prior
me��tirrg. I
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PAGE
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Definitions............................................................
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ARTICLE Z. Objectives.....r ............................................ 3 I
ARTICLE ZI: Ozgaziizatian ............................................... 4 �
ARTICLE III: Elections and Appozntments ................................4 I
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ARTICLE IV: Duties and Responsibilities ........................••••••-• 5 I
I ARTICLE V: Qualifications ............................................. 10 I
ARTICLE VI. Reinstatemerzts, Impeachments, Dismissals .................. 12 �
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ARTICLE VIT: Meeting Procedures ....................................... 13 i
I ARTICI�E VIII. Funds. .................................................. 14 �
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ARTICLE IX: Benefits ........ ......................................... 16
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I ARTICLE X: By-Law Alteratians and Amendraents ..........................20 I
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� ATTACHMENT A: Funds Policy / Per Year of Service ...................... 21
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DEFZY�TITYONS
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i 1. As used in this document, "The Association" shall refer to the i
Shakopee Fire Department Re�ief Assnciation. �
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2. As used in this document, "The President" shai� refer to the
President of the Shakopee Fire �epartment Relief Association.
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� 3. As used in this documer�t, '°The Vice President" shaZl refer to the
� Vice President of the Shakopee Fire Department Relief Association.
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I 4. As used in this document, "The Secretary" shall refer to the
i Secretary of the Shakopee Fire Department Relief Associatian.
� 5. As used in this docuraent, "The Treasurer sha�l refer t0 tht3
i Treasurer of the Shakopee Fire Department Relief Association.
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&. As used in this document, "The Trustees" shall refer ta the Tzustees
of the Shakopee Fire Department Relief Association. �
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7. As used in this docu�nent, "The Boa�d" shal� refer to the Hoard of
Trustees of the Shakopee Fire Department Relief Association.
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i 8. As used in this document,."Member" sh�ll refer to any Shakopee Fire i
I Department Relief Association member in good standing.
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i AR.T I C7..E I I
Objectives I
Sectian 1. This organization shall be known as the Shakopee �'ire �
Department Relief Association. �
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Section 2. The objectives of this organization shall. be ta:
� a. provide pension benefits to the members I
� b. provide death benefits to member's spouse, family j
or appointed beneficiary.
� c. provide disability benefits to the members. I
i d. provide aid to sick or disabled membezs or �
survivors of any deceased members. I
Section 3. The Shakopee F�.re Department Relief Association is a I
governmental entity that receives and manages public money ,
� to pravide retirement benefits far individuals praviding
governmental services of firefzghting. j
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ARTICLE IY
Organization I
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I Sectian 1. The Association shall be composed of active members of the I
Shakopee Fire-Department, any members in good standing on I
the deferred pension roZl and any members in gaod standing
, on the early vested pension ro11. I
S�ction 2_ There shal}. be a Board of Trustees composed of the I
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a. President I
� b. Vice President j
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e. Two (2� Ger�eral Trustees �
f. Three (3} sta�utary ex-officio Trustees: I
� 1. Chief of the Shakopee Fire Department
2. Mayor of the City af Shakopee I
3. Treasurer of the City of Shakopee I
Section 3. The order of ac�ountability shall be as follows: I
a. President or President Pro Tem I
� b. Vice Pxesident
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� c. Secxetary
d. Treasurer �
e. Senior Trustee(s) I
' f. Junior Trustee(s) i
Section 4. Specia3. Committees may be farmed as deemed necessary by the I
Association. I
Section 5. The members on the early vested az�d deferred pension ro11s �
� shall not have voting righ�s in the business of the
I Association. I
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ARTICLE IIi I
ElFSCtion and P.ppointments
Section l. Election of Officers and Trustees shal.I be held at �he I
annual meeting of the Association. I
Section 2. fihe President, Vice President, Secretary, Treasurer, and I
' two General Trustees shall be elected by the membership to �
serve a three {3} year term on a rotating basis. The terms I
af the President and a one (1) Trustee shall be concurrent, I
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the terms of the Vice President and Secretary shall be �
, concurrent and the terms of the.Treasurer and one {1)
i Trustee shall be concurrent.
Sectian 3. The Treasurer of the Shakopee Fire Department shall not I
alsa serve as the Treasurer of the Shakopee Fire Department
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, Relief Association.
Section 4. If a vacancy (ather than a vacancy caused by removal for
cause of an Officer or Trustee) occurs during the term af
any Officer or Trustee, the r�maining members of the Board
of Trustees shall elect a member af the associatian ta ,
serve for the unexpired term of the vacated position until
the next scheduled meeting of the Association.
Section 5. If an officer or trustee is removed from office per Article
VI, Section 1, his/her replacement, eiected at the same
i special meetinq, shall serve out the unexpired term of the
removed Officer or Trustee.
Section 6. A person wha has been properly qualified shall be appointed
to membership in the Association by the Board af Trustees.
Section 7. Al1 elECted Ofiicers, Trustees and Committee Members shall '
assume their respective posztions, duties, and i
, responsibilities after the annual meeting at which they '
were elected. �
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ARTTCLE IV
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Du�3.es a.zid Responsibilities I
Sectzon l. The duti s nd r
e a es onsibilities of the Board of Trustees �
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are:
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a. The Board shall act as trustees wittz a fiduciary
obligation to the me:nbers of the Association, to th2 '
City of Shakapee, and to the State of Minnesota.
� b. The Board sha�l meet at ].east fou� (4} times during
the year. i
c. The Board shall prepare modes and plans far the safe
' and profitable investment of the funds of the
Association, and whenever loans or investments are
made, to investigate and pass upon the securities
offered and to attend to the drawing and execution of
the necessar a ers.
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d. The Board shall order an audit of the books and �
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� h Tr asurer annual
accaunts of the Secretar and t e e 1,
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� - according to 1.aw, and shall submit a written report on
the conditian of the Associatian to the members at the ',
annual meeting.
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e. The Baard shail have exclus.� e contral o�
for the Assaciation funds, in conformance with state
statutes. I
f. The Board shall conduct an investigation to determine
if an applicant is physica3.Iy and mentally sound, so
as to prevent vnwaxranted risk of li.ability of
I i benefits, to the Association.
Section 2. The duties and respansibilities of the Presiden� are:
Associa ion an
He she shall call and reside at all t d
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Baard of Trustee meetings, to preserve order and ta I
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d�c�de all points of order that y (
Rules of Order Newly �evised Shall Prevail). Hislher I
decisions are subject to an appeal by the members of
the Association. �I
b. I�e/she shall see that all subordinate Orf�cers execute �
their obli ations and duties to the best of their '
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abilities.
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c. He/she shall countersign a11 checks issued by the
Treasurer and all other Association documents wh�ch '
require his/her signature. '
d. He/�he shall be a member of aIl committees and shall
exercise careful supervision over the affairs of the �
Assaciation.
e. He/she shall enforce the due observance of Minnesota
I State Statutes, the Articles af Tncorparation and the
Bylaws of the Association.
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f, He she shall receive such salar as ma be fixed b '
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the Board of Trustees, subject to approval of the
Assaciation, and payable from the Special. Fund of the
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Assaciat3on.
g. He/she shall be an active member of the Shakopee �'ire
'� Department. I
h. He/she shall obey all laws pertaining to the I
Association.
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I Section 3. The duties and responsibilities of the Vice President are: ,�
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� a. He/she sha11 assume the duties af the President in �
� his/her absence. i
� 1. In the absence of both the Pzesident artd Vi�e
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� President it sha11 be the duty af the Associatian
ta _elect a President pro te�a. , who sha13 perfvrm
I the duties incident to the affice.
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I b. He/she shall sign ai1 Association documents which
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c. He/she shall oversee the functions of all committees.
�� He/she shall alsa, it necessary, assume respansibility
i foz the completian of these committees
I responsibilities. ,
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i d. He/she shall be present, if possible, at all �
association functions. !
e. He/she shall be an active member of the Shakopee Fire
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� Department. I
' f. Helshe shall obey all laws pertaining to the I I
� ' Association. �
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I Section 4 The duties and responsabilities of the Secretary j
a. He/she snall keep a true and accurate record of the j
proceeding of all meetings of the Association and of �
� the Board of Trustees. i
� b. He/she shall keep a correct record af alI amendments, �
i alterations and additions to the bylaws in a separate i
i book from the minute book af the Association.
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� c. He/she shall keep a ra3l of inembership, with the date �
of joining, resignation, and dischaxge, �eaves of I
' absence, dues and assessments paid and relief or
� pensians furnished.
d. He/she shall prepare all paperwark and attain required
signatures for relief benefits due to membership and j
� insure benefits are distributed appropriately. I
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� e. He/she shall give notice of a11 special meetings of i
� the Association and of the Baard of Trustees, in I
� accordance with Article VII, Section 2. �
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_,_._'->f .�-He/she shall send written notice by ,registered Zetter �
of dues due date at least 20 days priar to due date ta '
all. persons on the deferred or early vested pension �
ralls, with notice to be sent to last avai3.able �
i ar�dress . �
! g. Helshe shall receive all monies due the �ssociatian I � I
and pay the same aver to the Treasurer, taking a
receipt from �.he Treasurer. Failure to pezforrn such �
duties, m.ay zesult in the impeachment and/or expuisian �
of the Secretary from the Association. I
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h. He/she shall joinfi.ly, with the Treasurer, prepare, I
process and file al� correspandence, reports and i
_statements required by law. I
I. He/she sha1.1 keep all records open far inspection by I
any member of the Association at reasonable times and i
places. I
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j. He/she shall receive such salary as may be fixed from �
time ta time by the Baard of Trustees, subject to �
�I approval �y the Assor;ation arar� �ayable �rom the i
Special �'urid o� the Association. i
she shal� be resent if ossible at all �
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Association functions.
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'i 1. He/she shall. be an active member of the Shakopee Fire I
Department.
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m. He/she shall obey all laws pertaining tn the �
� Association. �
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Section S The duties and respansib.zlities of the Treasurer are: �
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a. He/she shall receive fram the Secretary all funds
i belonging ta the Association and hold them subject to the I
order o€ the President. While holdin said funds, the �
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Treasurer shall invest them in accardance with state law �
and the Bylaws in arder to maximize the return to the �
� Assaciativn. The Treasurer shall keep the Board of �
Trustees informed of investment activity and shall �
follaw the directives nf the Boa�d of Trustees for �
�i investing. �
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� b. He/she shall keep separate and distinct accounts of
, the Special and Genezal Funds. �
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c. He/she shall. prepare for each meetzng af the Board of i
, �_-=:Trustees a re ort of the assets and ].iabilities of
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each fund.
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i d. HeJshe shall prepare for each meeting of the
Association a repart of the assets and liabilities of
I each fund and, upon reqvest, provide a copy to any
i member. _ �
� e. He/she shall perform the obligations of his/her
� posztion, failure to do so may �esult in trie '
impeachment and/or expulsion of the Treasure from the
Association.
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f. He/she sha21 deliver to his/her successor in office or
i any committee appointed by.the Boazd of rrustees to
receive the same, all monies, baoks, papers and other
I items pertaining to this office i�nmediately upon the
I expiration of this office.
� g. He/she shall b� bonded, prior to entering af�ice, in
I an amount equal to IO percent of the assets of the
Assoc.iatian; however, the amount of the bond need not I
I excee� $500,000 unless otherwisz r�quired. I
h. He/she shall prepare and file jointly wzth the �
Secretary all reports and statements required by law. i
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� I. He/she shal.� sign all checks and all Association
documents which require his/her signature. I
I j. He/she shall receive such salary as may be fixed by i
the board of trustees sub'ect to the a raval of the
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Association and payable fro�n the Special Fund of the �
� Association.
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I k. He/she sha11 be gresent, if possible, at alI I
Association functions. �
' 1. He/she shall be an active member of the Shakopee Fire �
Department. I
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i m. He/she shall obey all laws pertaining to the
Association.
I Section 6 The duties and responsibilities of the General Trustees are I
a. He/she shall be present, if possible, at all
Association functians. '
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I - :b:_: :�:`:-He/sfze _shall be an active member of the Shakopee Fire �
i Department.
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� c. He/she shall obey all laws pertaining to the
' Association. �
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Sectiori 7 The duties and responsibilities of �he Active Members are: I
i a. He/she shall be present,if possible, at all I
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Association functions.
� b. He/she shali pay to the Association annuai dues, ,
i payable an ar before the date of the annual meeting of �
the Association. I
c. He/she shall. be an active member af the Shakopee Fire I
Department. I
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� Section 8 The duties and responsi.bilities af the Ex-�fficio Members �
� a. He/she shall be present if possible at a11 Assaciation j
i functions and fulfill �he duties of the trustees. �
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I ARTICLE V
� Quali.fications
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� Section Z Qualifi.cations for membership within the Association are: I
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a. He/she sha11 be a member in good standing of the
Shakopee Fire Department.
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b. He/she shall submit, in writing, an application for I
� membership an a form supplied by the Secretary of the
Relief Association. Al1 applications for membership I
will be reviewed and acted upon by the Board of I
i Trustees, or said cornmittee as appainted� within sixty i
(60) days from the date of application.
c. Helshe shall pay an application fee.
d. He/she shall pay dues within thirty t3Q7 days of due �
� date, �
e. He/she shall be a member in good standing on the early
vested pension roZl or the defexred pension roll. �
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f. Each member shall be entitled to one (1) vote on any
- r3natter upon membership. Voting by praxy is not
permitted. All votes, unless specified prior to the
vo e shall v '
t be conducted b a oice vote. If a
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ma' r't ca
3o i y nnot be determined b voice vote, the
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Officer in charge of the vote sha11 ask for a show of �
hands.
g. No applicant may be excluded except if the member has
some medically determinable physical or mental.
impairment or condition, which 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.
Section 2 Qual.ifications fax membership on the early vested pension
ro1Z are:
a. He/she shall be a member who has served for more than
five {5} years, but Iess than twenty (20) years, as an �
active member of the Shakopee Fire Department. Said
member may retire from the Sh.akopee Fire Bepartment and
I be pl.aced on the early vested pension roll.
I Section 3 Qualifications for membership on the deferred pension roll
a. He/she shall be a mernber who has served for more than
twenty (20) years as an active member of �he Shakopee
Fire bepartment, but has not reached the aqe of fifty
(50) yeaze. Said member may retire from the Shakopee
Fire Department and be placed on the deferred pension
ro1.I .
Section 4 Qualifications for membership as a disabled member
a. He/she shall be a former member who has been
permanent3y disabled due to injury ar sickness while
an active member and is no Ionger in active service
with the Shakopee Fire Department.
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ARTICLE VI
Reinstat�uts, Impeac2unents � Dism3.ssals
Section 1 Impeachments '�
a_ A general trustee or officer may be removed from
� office.
b. Cause for such xemoval shall in�lude, but not be
3imited to, the breach af duties as set forth in I
Articles IV and V of these bylaws.
c. Any or aIl elected officers may be removed by a 2/3 ,
vote of vating members present at a special meeting '�
I called for that purpose. I
d. Notice of the meeting at which the impeachr�ent is to
be conszdered shall be given to each member and shall
include the purpose of the meeting. ,
e. The officer(s) sh�Il be furnished with a statement of
the particular charge(s) at least five (5) days before
the special meeting.
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f. The officer(s) shall be given an opportunity to defend
themselves against each charge at the special meeting.
i Section 2 Dismissals
a. Any meraber of the Association who fails to pay the I '
dues within thirty (30) days of the time when such '
payment is due, stands suspended fram membership and
forfeits all rights and benefits thereunder by such ,
non-payment without any action by the P.ssociation, or
any Assaciation officer. I
I I b. Any member who fraudulently claims benefits from, or
attempts to defraud, or defrauds the Association may
be removed from membership status (dismissed) after a
formal hearing by the Board of Trustees to
substantiate and clarify the charge(s) against th� '
invalved member with a report given at a special ,
� meetinq called for that urpasev A 213 vote of the
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Associations voting membexs present at this special �
meeting is required for dismissal. The chargets)
against said member sha13. be made in writing and i
subm.itted to the Secretary at least thirty {30} days
before the formal hearing by the Board of Trustees. A
copy of said charge(s} shall be served, via registered
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� � mail, upon sazd member at least th�.rty (30) days prior
to the hearing. The dismissed member shall forfeit I
all further rights to benefits from the Association. I
Sectian 3 Reinstatement
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a. Any suspended or dismissed member can only be
reinstated by submitting their application in writing,
presented at a regular or special meeting af the
Association, accompanied by a sum af money equal �.o �
what helshe would have been requa.red to pay to the
Association dvring the period of suspension had he/she
not been suspended, plus a reinstatement fee and upon
the favorable vate of 2/3 of the votinq mem.3�ers
present. If the reinstatement is unsuccessful, the '
� money shall be returned to the apglicant.
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ARTICI,E VII ,
2�eeting Procedares
� Section 1 The annual meeting of the Association shall be held in
April or May; this meeting will be for the previous year.
The place of the meeting shall be designated and may be �
changed from time to time by the Board of Trustees. Natice
af the annual meeting shall be posted at Ieast ten t10} I
days in advance.
Sectian 2 Special. meetings of the Associataon ar the Board of �
Trustees may be called by the President ar 2 members of the
Board of Trustees, or 250 of the members of the I
association. Members or trustees shall be notified by the
i Secretary of such special meetings and the object of the
meeting shall be contained in such notz.ce. This notice
I s�aali be given five (S} days prior ta the special meeting.
Section 3 The meetings of the Board af Trustees shall be held at the
registered office of the Association in the city of
' Shakopee unless noticed for another place within the state
as designated by the board. i
Section 4 A majarity of the Board of Trustees then in of€ice, and 60$
of the members of the Association shall constitute quorums
for the transaction of business at their respective I
, meetings.
� Section 5 Roberts Rule of Orders, Newly Revised, shall prevail at all
Association meetings for matters not specifically covered
in these by-laws.
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Section 6 The Order of Business shall be:
a. Ca11 to order
-_ b.� Roll call
c. Reading of minutes of previaus meeting
' d. Reading of reports and minutes of Board of Trustees '
- meetinqs
, e, Reports of officers ,
f. Nominations for membership
q. Reports of special committees
h. Unfinished business �
I. Election of officers and trustees (annual meeting).
i j. New business
k. Adjournment
AR.TICLE VIIS
E`unas I
Section 1 The funds received by this Associ.ation from dues,
� donations, fines, application fees, entertainments and
other miscellaneous sources shall be kept in the General
Fund of the Association and may be disbursed for any ,
purpose reasonably rel�ted �o �.he weliare of �h�
Association or z.ts members, as authorized by the majority
' of the membership or af the Board of Trustees present.
Disbursement from the fund shall be in accordance with �
Minnesota Statutes and Rules and the bylaws of the
Association.
' Section 2 All funds received by the Association from any tax sources,
and all funds or property donated or granted to the
Association for the benefit of this fund shall be kept in a
separate account on the books o� the Treasurer known as the
Special Fund and shall disbursed for the following purposes
onl.y:
a. Payment of inembez's sezvice pension benefits in
' accordance with these bylaws.
b. Payment of ancillary benefits in accordance with these
bylaws.
� c. Administrative expenses as Iimited by Minnesota law.
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d. All other expenses of the Association shall be paid
out af the General Fund. �
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' Section 3 All salaries paid for administrative purposes will be fixed
by the Board of Trustees, subject to the approval. of the
Assaciation, and payable fram the Special Fund o� the
Associata.on.
Section 4 The Baard of Trustees shall authorize all disbursements
from the Special Fund of the Association.
Section 5 No disbursemen�. of funds of this Association shall be made
except by checks drawn by the Treasurer and countersigned
by the President. Except when issued for salaries,
pensions and other fixed charges, the exact amount of which I
has previously been determined by the Baard 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. I
Section 6 AI1 maney belonging to this Association shall be deposited
to the credit of this Association in such banks, trust
companies, savings and loan associatians or other
depositories as the Board of Trustees may designate.
Funds not needed immediately to pay the expenses of the
assnciation may be invested as follows:
a. The Board of Trustees shall determine in accordance
with MSA 356a.06, Subd. 8, the mini.mum liquidity
required in accordance with the Investment Fund Policy ,
as stated in Attachment B. Such determination shall
be docuz*;ented and retained for three years.
b. Remaining funds not subject to clause (a} above may be
invested in accordance with MSA 356a.06 with the State
Board of Investment, in certificates of deposit, ,,
savings accounts, or governmental obligations. Ail
investments shall be in accordance to the investment
policy of the Association. �
I c. Funds shall be invested with the criteria of
preservation of principal, liquidity, yield and '�
diversification. All investments shall be in
accordance with the Investment Fund Policy as stated I
in Attachment B.
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Bene£its
Section I Application for benefits
a. AZ1. applications for relief or pension benefits shall
be made in writing on forms furnished by the
Secretary.
b. A1�. applications far disability benefits shall be
submitted to the Board of Trustees at a reqular or
special meeting of the Board. The applicatian shall
be accompanied by a certificate from the attending
physician or surqeon setting forth the nature of the
illness or injury, tne cause and duration thereof, the
length of time the applicant has been unable to
perform the duties af a firefighter, and an estimate
of the time at which the appJ.icant will be able to
return to his/her duties as a fzrefighter.
c. All applications for pensions shall be submitted to
the Board of Trustees at a regu.Iar or speczal meeting
of the Board.
d. All applications for pensions shall state the age of
the applicant, the periad(s} of servi�e in and the
date of retirement from active duty ir. the Shakopee
E'ire Department, the lenqth of time helshe has been a
member of the Associati.on, and such other information
as the Board of Trustees may require.
e. No benefits or pensions shall be paid until an
application there of has been approved by a majority
vote of the Board of Trustees. The boards decision
shall be subject to appeal by the members of the
'I Association.
f. No other benefits shall be paid to or on behalf of any
member who has received a service pension.
g. For purposes af computing benefits of pensions payable
under Article IX, secti.ons 2 and 3, a"year of service"
shall be defined as � period of 12 �ull months of active
�I duty in the Shakopee Fire Department, beginning on the
date when the member became an active firefighter in the ,
department. If a member's periad of active service has !
not been con���uous, parts of years may be added together
to compute full years.
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� h. Members will be paid for years ot service in which they
met or exceeded the 3S� call requirement. Years of
service below 35� wi11 not count as "years of service."
Any member not meeting the 35� requirement for 2 years ar
mare in a row will be paid the benefit 1eve1 which was in
force at the Iast year they made the 35$ requirement.
Section 2 Disability Senefits
a. The officers and trustees can require an independent
medical exa� at the expense of the Shakopee Fire
Department Relief Associatian. Sf a member of this
Association shall become totally and permanently
disabled, to the extent that a physician or surgeon
acceptable to the Board of Trustees shall certify that
such disability will permanently prevent said member from
performing his/her duties in the Shakopee Fire
Department, the Associatian shall pay to such member the
amount accrued for each year that he/she served as an
active member of the Shakopee Fire Department. Tf a
member who has received such a disability pension should
subsequently recover and return to active duty in the ��
Shakopee Fire Department, any dollar amount paid to I
him/her as a disability pension shall be deducted from I
his/her service pensian. '
Section 3 Death Benefits
a. Upon the death of any member of the Association who is
in qaod standing at the time of his/her death, the
Assaciatian shall pay to the beneficiary, as named in
, the most current Relief Associatian Beneficiar Form, ;
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the amount accrued per the calculation in Attachment
A, for each year that he/she served as an active ,
member of the Shako ee Fire De artment.
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Section 4 Pens.ions '
a. The Association shall pay to each member who sha1J. I !
have served as an active firefighter in the 5hakopee ',
Fire Department for a period of twenty (20) years ar I
more prior to his/her resignation from said Fire '
Department, and who has reached the age of fifty (50}
y�ars or more, and who has been a member of the
Association for at least five years, the amount
accrued per the calculation in Attachment A, for each
year that he/she has served as an active member of the
Shakopee Fire Department.
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' b. A member of the Association who shall have served in
the Shakopee Fire Department for at least twenty (20)
years, but has not reached the age af fifty (50y years i
may retire and be placed on the deferred pension roll.
When helshe reaches the aqe of fifty (50? years� and
provided that at tha� time he/she has been a member of
the Association for at Ieast five years, upon
applicat�on therefore he/she shall be paid the amount
accrued per the calculation in A�tachment A, for each
year that he/she served as an active member in the
Shakopes Fire Department. He/she will not be eligible
to receive any of the benefits provided for in Article
IX Section 2.
c. Pensions payable to members on the deferred pension ,
roll shaZl be based on the amaunt payable per year of
service in effect at the time of retirement.
d. During the time that a member is on the deferred pension
rol�, the Association shall add to the amount payable to
such member in�erest, compounded annually, at the rate of
5o per year. This covers alI members on deferred rolls
and covers past members who are presently on the de�erred
�oll.
e. Na less than thirty (30) days before becoming eliqible
to receive a lump sum pension, as accrued, a member of
this Association may make an irrevocable election that
such pensian shall be paid to him/her in a nurr�er of
annual installments. If the member who has made such
an election dies before all of his/her pension has
been paid ta him/hez, any amount thereof remaining
unpaid will be paid, in a lurng sum, to his/her
beneficiary. The Association shall add interest,
compounded annually, at the rate of 5o per year to the
unpaid amflunt of installments owed to any member.
f, Upon written request from the retiring member, the
Secretary or Treasurer shall directly transfer the
service penszon amount into an Individual Retirement
Account under Section 408(a) of the Internal Revenue
Cade, as amended.
sted sions
Section 5 Earl Ve Pen
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a. If a member shall have served for more than five (5)
years, but less than twenty (20) years as an active
firefighter in the Shakopee Fire Department, he/she may
retire from the Fire Department and be placed on the
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� early vested pension rall. When he/she reaches the age
of.fifty (SQ) years, �nd provided that at that time
he/she has been a member of the Association for at least
five (5) years, he/she shall upon application therefore,
be paid in the following manner:
Completed Years Nonforfeitable Percentage
of Service of Pension Amount
5 40 percent
6 44 percent
7 48 percent
$ 52 percent
9 56 percent
ZO 60 percent
Il 64 percent
12 68 percent
13 72 pezcent
14 76 percent
I5 80 percent
26 84 percent
17 $8 percent
18 92 ercent
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I9 96 percent ;
20 and thereafter 100 percent �
1. During the time that any mern.ber is on the early ,
vested pension ro11, he/she wiil not be e�igible �
ta receive any of the benefits provided for in
Article IX.
I 2. Fension payable to members on the earl.y ves�ed I
pension roll shal.l be based on the amount payable
per year of service in effect at the time of such
early retirement. During the time that a member ;
is on the eariy vested pensian roll, the I
Association shall add to the amount payable ta
such member interest, compaunded annually, at the '
rate of 5$ per year. This covers all members on '
early vested rolls and covers past members who
are resently on earl vested rolls. �
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="-'Section 1 Amendments '
a. No amendments shall be made to these bylaws unless
proposed at a regular or special meeting, at which
time the amendrnents shall be referred to a speciaZ
cammittee who shall present a repart at �he next
regular ar special meeting, which will be held within
sixty t60} days. '
b. All members shall receive a copy of the proposed
amendment(s}, by mail, at least ten (107 @ays pzior to �
meetings at which the amendment(s) are to be vated on.
c. Any proposed amendment must be adopted by a 2/3 vote i
of the Association members providing a quorum is
present.
d_ If the amendment{s) shall change the amaunt of
pens5.ons benefits, approval of the Shakopee City
Council must be obtained before such change may take
� effect.
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ATTACHMENT A
Investment Fund Policy
The funds received by this Association from dues, fines, application
fees, entertainments and other miscellaneous sources sha13. be kept in
the Genera3 Fund af the Association and may be disbursed for any purpose ,
i reasonably related to the welfare of the association or its members.
The Special Fund assets of the Relie� Associatian must be invested in I
securities that are autharized by Section 69.775. These investments
include Certificates of Depos,it and Savings Accounts with federally
insured Savings and Loans, Savings Banks and Banks, investment in
Gov�rnment Securities, and investments with the State Baard af �
Investments.
The governing board of the Association may select and appoint investment
� agencies to act for and in �ts behai� or may certify funds for
investment by the State Board of Tnvestment under Section 11A.17. The
governzng board of the Association rr�ay select and appoint a qualified
private firm to measure management performance and return an investment,
� ar.d the firm shall use the formula of formulas developed by the State
Board under section 11A.04, clause (11}.
The purpase of the investment'policy is: to direct the investments of
the fund; to balance the risk/return of the investment; to invest in
prudent investment vehicles as described above; to calculate the funds
f�ture benefit obligations; to manage the earnir�gs of the fund to
provide a return based on the we.zghted average of all investments� which
takes into consideration char�ges in the economy and inflatian/recession
so as to maximize that return without potential risk of the principal
invested; to maintain a mix of investments.
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Per year of servzce amounts:
Year 1 Amount Year / Amount Year / Arnount Year / Aznount
1994 52263.04 1995 52332.00 1996 52498.00 1997 $2688.00
Year / Amount Year / Amount Year / Amount Year / Amount
1958 53062.00 1999 $3347.00 2Q00 $3847.00 2001 54400.00
Year/ Amount Year I Amount Year / Amount Year / Amount
2002 $50aU.flQ 2003 $5750.00 2004 $660Q.00 2005 57500.00
Members of the Associatian wil.� be paid the "per year of servi.ce" level
that is in force at the time of disbursement. The "per year of service"
level changes on August 1� The "per year of service" year is f�o�a
August 1 tp July 3i Benefit amounts would not be retraactiv� back to
i January 1 of said year.
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RESTATED BYLAWS I
OF I
SHAKOPEE FIRE DEPARTMENT '
RELIEF ASSOCIATION
The Bylaws of the Reiief Association are hereby amended in their entirety and restated ,
effective as ofNovember 1, 2010. I
ARTICLE I !
NAMES
As provided in the Articles of Incorporation, the name of this organization shall be the
Shakopee Fire Department Relief Association (the "Association").
ARTICLE II
DEFINITIONS �
General Definitions i
The following words and phrases when used herein shall have the following meanings except as I
otherwise required by the context: ,
"Active Member" is a member of the Association who is eligible for benefits and is currently ;
meeting the minimum firefighter and service standards with the Fire Department or the Fire
Chief. As of July 1, 2006, Active Members must be Volunteer Firefighters as defined in Section '
2.1 of the Plan attached hereto. �
`Board of Trustees" or "Board" shall mean the Board of Trustees of the Relief Association, and ,
shall perform the functions and assume the same duties as a Board of Directors under Minnesota
Statutes Chapter 317A. �
"Deferred Member" is a member of the Association who has retired or been terminated from the '�
Fire Department but hasn't taken a distribution of benefits. I
"Family Member" includes spouses, parents, children, siblings, in-laws, aunts, uncies, first
cousins, step-parents, step-children, and may include other family members such as common-law
partners or long-time companions, of a conf7icted Board member (see Article IX Fiduciary
Responsibility).
"Fire Department" is the Fire Department serving the Municipality.
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"General Fund" shall mean the fund established pursuant to Minn. Stat. 424A.06 and that holds I
the funds received from dues, fines, initiation fees, entertainment revenues and any money or
property donated, given, granted or devised by any person, for unspecified uses.
"Material Financial Interest" is a financial interest or expectation of any kind on the part of a
Board member or Family Member, which, is substantial enough to reasonably affect the
judgment of the conflicted Board member. The term "financial interest" is intended to include �
any and all monetary expectations and exists when a Board member or Family Member has
rights (whether or not a Deferred Member or beneficiary) to be paid compensation, retiree
benefits, or to have their expenses reimbursed or obligations or other liabilities repaid, etc.
"Municipality" is City of Shakopee.
"Municipal Trustees," formerly known as `ex-officios,' are members of the Board of Trustees
designated solely by the Municipality and shall include the two appointed or elected officials and
the fire chief, as further defined in Section S.l herein.
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"Special Fund" shall mean the fund as defined in Section 2.l of the Plan attached hereto.
"Supermajority" is required when there is a conflict of interest on an item to be voted on by the
I Board of Trustees. A Supermajority is the majority of those Trustees after subtracting the
' Trustee(s) who has a conflict of interest (e.g., Nine (9) Trustees less two (2) with a conflict =
Seven (7). Supermajority would require four (4) Trustees vote in favor to pass the motion.)
ARTICLE III I
�i PURPOSE
As provided in the Articles of Incorporation, the purpose of the Association is to provide
retirement relief and other benefits to members and their dependents. For purposes of Chapter
I 424A of Minnesota Statutes, the Association is a governmental entity that receives and manages
� public funds to provide retirement and ancillary benefits for individuals providing the
� governmental services of firefighting and, if applicable, emergency response. The Association
may also raise funds from private sources to furnish fire and emergency equipment for the Fire
Department, and for other purposes deemed necessary and appropriate by the Association to the
extent permitted by law. Benefits paid to members and their dependents shall be funded
exclusively through governmental sources and, to the extent provided by State law, through
' restricted donations.
ARTICLE IV
MEMBERSHIP
' 4.1 Admission. All firefighters of the Fire Department are members of the
� Association and shall be eligible for benefits, except as otherwise stated in these bylaws. An
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application for membership shall be completed on the Membership Application and Beneficiary
Designation form to become eligible for benefits in the Association. Upon approval of the
member's application, such member shall accrue service credit for all active service while in
� probationary status.
4.2 Membershi� Duties. The Association does not require membership duties.
4.3 Membership Dues. Annual member dues, if any, shall be determined in the
annual meeting, and may be modified at any regular or special meeting of the membership. The
members shall adopt written policies and procedures for the collection of dues, including
penalties for the failure to timely pay dues. Penalties may include classifying members who are
not current with their dues as ineligible to accrue active service credit during the period or
periods while dues are outstanding. Penalties for failure to pay dues shall not include forfeiture
of benefits that have accrued prior to such failure.
4.4 Member Votin� Rights. Each Active Member shall be entitled to one (1) vote on
any matter voted upon by the membership. Deferred Members are not entitled to vote. Voting by
proxy/absentee ballot is permitted following the procedures set forth in Section 4.5.
4.5 Proxy/Absentee Ballot. Member Voting: lf permitted by the Board prior to a
meeting, voting members may cast votes by submitting an absentee ballot provided by the Board
that is signed by the member and deposited in the ballot box set out by the Board. Submission of
an absentee ballot shall constitute a proxy to the officer of the Association designated and
authorized on the ballot who is bound to cast the member's vote in accord with the member's ',
ballot choices. The member may withdraw his/her proxy/absentee ballot by attending a meeting '
and voting in person. Use of proxies/absentee ballots may only be used on items listed on the
ballot and may not be used when trustees and/or officers are elected from the floor during the
meeting. �
Counting Ballots: If ballots were used because there were more than two candidates for any '
Trustee position up for election as indicated under Section 7.2, an officer of the Association who's
not standing for election shall count the ballots as follows: All first choices are counted, and if no !
candidate wins a majority of first choices, then the last place candidate is eliminated. Ballots of I
voters who ranked the eliminated candidate first are redistributed to their next choice candidates, i
as indicated on each voter's ballot. Last place candidates are successively eliminated and ballots 'I
are redistributed to next choices until one candidate remains or a candidate gains a majority of i
votes. I
In case of a tie the candidates receiving the two highest number of votes in the first ballot shall ��
be included on the second balloting. Additional balloting for said office shall continue until one ,
candidate shall receive a majority of votes cast on a reballot and he shall be elected to said office. !
4.6 Separation. Any member who becomes a Deferred Member with the Association I �I
prior to requesting retirement benefits shall complete and submit a Membership Separation �
Form. '
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4.7 Termination. Any member who is terminated by the Fire Department or ,
Municipality shall cease accruing benefits under the Association as of the date of termination.
The Association may continue to honor members whose status has changes between
volunteer/paid on-call and full- or part-time employee of the same Fire Department. The
members shall adopt written policies and procedures, including any eligibility or types of
recognition.
ARTICLE V
BOARD OF TRUSTEES
5.1 Composition. The Board of Trustees shall consist of nine (9) members. Six
(6) trustees shall be elected from the membership of the relief association. There shall be three
(3) officials drawn from the Municipality. The three (3) Municipal Trtiistees must be one (1)
elected municipal official and one (1) elected or appointed municipal official who are designated
as municipal representatives by the municipal governing board annually and the chief of the
municipal fire department. The Municipal Trustees must be designated annually by the city
council of the Municipality.
5.2 Duties. The Board of Trustees shall perform the functions and assume the same
duties as a Board of Directors under Section 317A of the Minnesota Statutes. In addition, the Board
of Trustees shall:
(a) Have exclusive control and management of all funds received by the Treasurer
pursuant to the statutes of the State of Minnesota and all moneys or property
donated, given, granted or devised for the benefit of the Association.
(b) Examine the books, papers, funds, securities and property in the custody of the
Treasurer, and general accounts, funds and securities, and property of the
Association.
(c) Examine and approve the validity of all claims prior to payment by the Treasurer.
(d) Provide the forms on which members may submit claims to the Board of Trustees
for their approval.
e On an annual basis or more fre uentl as ma be re uired to determine eli ibili for
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benefits, confirm minimum firefighter and service standards pursuant to the
Volunteer Firefighter definition in Section 2.1 of the Plan attached hereto.
' (fl Assume such additional duties as may be described in Article IX herein and in
Association policies and procedures or required by state law including the
establishment of any committee deemed necessary or appropriate.
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ARTICLE VI
OFFICERS
6.1 Number The number of officers of the Association and their duties shall be as set
forth below.
6.2 President. It shall be the duty of the President of the Association to:
' (a) Have general active management of the business of the corporation;
(b) When present, preside at meetings of the Board and of the members;
(c) See that orders and resolutions of the Board are carried into effect;
(d) Sign and deliver in the name of the corporation bonds, contracts, or other �I
instruments pertaining to the business of the corporation, except in cases in which
the authority to sign and deliver is required by law to be exercised by another
erson or is ex ressl dele ated b the articles or b laws or b the Board to
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another officer or agent of the corporation;
(e) Maintain records of and, when necessary, certify proceedings of the Board and the
members; and �
(� Perform other duties prescribed by the Board. �
63 Pro Tem Officers In the absence of the President and Vice President, if �
� applicable, the Board of Trustees shall appoint an interim President from the existing Officers
and/or Trustees other than the Municipal Trustees who shall perform the duties incident to the
office.
6.4 Vice President. It shall be the duty of the Vice President to perform the duties
�� of the President in the President's absence. '
6.5 Secretarv. It shall be the duty of the Secretary of the Association to:
(a) Keep a record showing the correct addresses of all members and request the names
of their beneficiaries. �
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(b) Keep or cause to be kept an accurate record of all meetings of the Association and of
all meetings of the Board of Trustees.
(c) Conduct and direct the investigation of all claims.
(d) Keep a record of all monies received and paid out by the Treasurer. I
(e) Provide access to the Association's Articles, Bylaws, minutes, and financial
statement on the last annual accounting period to all members or all Board of
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Trustees (including the Municipal Trustees), for any proper purposes they may have,
in accord with Minnesota Statutes Section 317A.461.
6.6 Treasurer. It shall be the duty of the Treasurer of the Association to:
(a) Receive and receipt all monies due the Association from members and other sources
and to keep accurate accounts and records of all the money so received.
(b) Have custody of all monies and securities belonging to the Association.
(c) Furnish a surety bond in favor of the association for the faithfiil performance of all
duties involving the Association and for the safekeeping of, or accounting for, all
monies and securities that may come into its possession. The bond shall be in an
amount equal to at least 10% of the assets up to a maximum of $500,000.
(d) Pay all properly approved claims for benefits, and to pay all bills incurred in the way
of necessary expenses in the conduct of the business of the Association.
� 6.7 Genera] Duties �
(a) It shall be the duty of any two (2) officers of the Association to countersign
all checks issued by the Association. �
(b) The officers shall annually prepare an annual financial report of the
Association's receipts, disbursements, and balances in the Special and
General Funds for the preceding calendar year on a form prescribed by the
Office of the State Auditor. They shall transmit the report to the city clerk of
the Municipality for inspection, signature and transmission to the State
Auditor pursuant to law.
(c) Pursuant to the Volunteer Firefighter's Association Guidelines Act of 1971, the
' officers of the Association shall, annually, determine the financial requirements of
he fol in ear. The financial re uirements of the relief
the S ecial Fund for t low
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association and the minimum municipal obligation must be included in the
financial report or financial statement.
6.8 Compensation. As compensation for services to the Association by the
President, Secretary and Treasurer, the Board of Trustees may at its annual meeting authorize
payment of an aggregate salary expense payable from the Special Fund to one (1) or more of
these officers. The remaining trustees may receive a nominal fixed payment from the General
Fund.
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ARTICLE VII
ELECTIONS
7.1 Trustee Terms. The Trustees shall be elected to staggered three-year terms. There
will be two (2) Trustees elected by the membership each year at the annual meeting of the
Association, and begin their term at the end of the meeting.
Each appointed Municipal Trustee term is one (1) year or until the person's successor is qualified,
whichever is later.
An individual Trustee may serve an unlimited number of terms.
7.2 Voting on Trustees. Each of the six positions on the Board of Trustees who are not
the Municipal Trustees or fire chief shall be voted on separately by the Active Members in
attendance at the annual meeting. No nominations of slates of candidates or cumulative voting
shall be allowed. All votes unless specified prior to the vote, shall be conducted by a voice vote. A
simple majority of those present at the meeting is needed to elect. If a majority cannot be
determined by voice vote, the officer in charge of the vote shall ask for a show of hands or for a
secret ballot. A trustee who was elected by the membership may be removed with or without
cause by a simple majority vote of the Active Members in any subsequent annual, regular or
special meeting.
If allowed by the Board of Trustees under Section 4.5, a proxy/absentee ballot may be used to
, perform "runoff voting" if there are more than two candidates for any Trustee position up for
election and Active Members must rank candidates by order of preference. See Section 4.5 for
counting ballots.
73 Officer Terms. The offices of President, Vice President, Secretary, and Treasurer
shall be elected to three-year terms.
The office of President shall be nominated and elected separately to a three-year staggered term at
the annual meeting every third year.
The offices of Vice President and Secretary shall be nominated and elected separately to a three-
year staggered term at the annual meeting every third year.
The office of Treasurer shall be nominated and elected separately to a three-year staggered term
at the annual meeting every third year. I,
7.4 Votin� on Officers. Officers are elected by the Active Members each year at the I
annual meeting of the Association from among the elected Trustees. Each position will be
nominated and elected separately at this meeting. All votes unless specified prior to the vote, shall
be conducted by a voice vote. A simple majority is needed for an officer to be elected. If a
majority cannot be determined by voice vote, the officer in charge of the vote shall ask for a show
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of hands or for a secret ballot. Voting by proxy/absentee ballot will be allowed under Section 4.5.
An officer may be removed with or without cause by a simple majority vote of the Active
Members in any subsequent annual, regular or special meeting.
No individual may hold more than one (1) officer position at one (1) time.
7.5 Vacancies. In the case of death, resignation or removal from office for any elected
officer ar Trustee of the Association, except a Municipal Trustee, the vacancy shall be filled by vote
of the Active Members at a special meeting duly called for the purpose of filling out this term.
ARTICLE VIII '
MEETINGS i
8.1 Annual Meeting of the Members. The annual meeting of the members shall be
held in April or May of each year. The place of the meeting shall be designated and may be
changed from time to time by the Board of Trustees.
8.2 Re�ular Meetin�s of the Members. The members shall have no regular meetings.
8.3 Special Meetin�s of the Members. Special meetings of the members may be
called at any time upon the written order of the President and one (1) other member of the Board
of Trustees, or six (6) voting members of the Association. The place of the meeting shall be
designated and may be changed from time to time by the Board of Trustees.
8.4 Notice of Meetin�s of the Members. A notice of every annual and any special
meetings of the members shall include the date, time, place and purpose of the meeting and be I
posted on the bulletin board of the Association, or if no bulletin board, on the door of its usual
meeting room; and in accord with Minn. Stat §317A.433 Subd 4, business at a special
membership meeting must be limited to the stated purpose; and further in accord with Minn.
Stat. §317A.435, each voting member shall be provided at least five (5), bL�t not more than sixty
(60) days, before the meeting, (excluding the date of the meeting) with notice setting forth the
date, time, place, and purpose of the meeting.
8.5 Member Ouorum. Sixty (60) percent of the Active Members of the Association �
shall constitute a quorum for the transaction of business at their meetings. I
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8.6 Member Votin�. Each Active Member present at the meeting shall be entitled to
one (1) vote. All votes, unless specified prior to the vote, shall be conducted by a 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 or for a secret ballot. Voting by proxy/absentee ballot will be allowed under Section 4.5. A
voting "majority" is majority of the quorum, not majority of the entire association membership.
8.7 Re�ular Meetings of the Board of Trustees. Meetings of the Board of Trustees
shall be held on the third Monday of April, July, October and January except that if that day is a
holiday, said meeting shall be held on the next succeeding Monday. Meetings of the Board of
� Trustees shall be held at the Fire Station #1 unless noticed for another place within the City as �
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designated by the Board.
8.8 Special Meetin�s of the Board of Trustees. Special meetings of the Board of
Trustees may be called at any time upon the written order of the President and one (1) other
member of the Board of Trustees. The place of the meeting shall be held at the Fire Station # 1
unless noticed for another place within the City as designated by the Board.
, 8.9 Notice of Meetinps of the Board of Trustees. The association is governed by
Minn. Stat. § 13D.01 which requires that all meetings of the Association's Board of Trustees be
open to the public with rare exceptions. All notices provided for in this Article shall comply
with Minn. Stat. §13D.04 which requires at a minimum that:
(a) a schedule of any regular meetings of the Board of Trustees be kept on file at the
Association offices, and
(b) for special meetings, a notice stating the date, time, place and purpose of the i
meeting be posted on the bulletin board of the Association, or if no bulletin board, �
on the door of its usual meeting room; and in accord with Minn. Stat. §317A231,
each Trustee shall be provided at least three (3), but not more than sixty (60) days,
be�fore the meeting, (excluding the date of the meeting) with notice setting forth
the date, time, place, and purpose of the meeting.
8.10 Board Quorum. A majority of the Board of Trustees then in office shall constitute
a quorum for the transaction of business at its meetings.
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8.11 Board Votin�. Unless the Articles or Bylaws specify otherwise, an action of the
Board shall be effected by a majority vote of the Trustees present and eligible to vote once a
quorum has been achieved. The officer in charge of a vote shall ask for a show of hands but shall
not allow for a secret ballot nor proay, and each vote shall be recorded in a public journal. No
action shall be considered once a quorum has been lost.
8.12 Electronic Meeting Prohibited. Any meeting of the Board of Trustees or the
membership by solely electronic means (e.g., e-mail, simulchat or phone conference) that is not
accessible to the public at a set meeting location is prohibited.
8.13 Order of Business. At any annual, regular and all special meetings, the order of I
business shall be as follows:
(a) Calling to order by the President
(b) Roll call (verify quorum)
(c) Secretary's Report (reading of previous minutes)
' (d) Treasurer's Report
(e) Report of the Board (member meeting)
( fl Report of other committees (Board or member meeting)
(g) Election of Trustees and Officers, if applicable (annual member meeting)
(h) Old Business
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(i) New Business �
(j) Adjournment
ARTICLE IX
FIDUCIARY RESPONSIBILITY
9.1 Board of Trustees Each member of the Board of Directors, also acts as a trustee
of the Special Fund. The Board of Directors therefore also acts as the Board of Trustees. The
Board of Trustees is charged with administering retirement and ancillary benefits under the
Special Fund and are fiduciaries subject to the standard of care set forth in Minnesota Statutes
Sectioi� 356A.04. This includes specifically assuming such additional duties as may be described i,
in Association policies and procedures or required by state law, including: �
(a) adopting an investment policy; '
(b) providing written investment restrictions to brokers;
(c) securing certificates of insurance; and
(d) establishing a continuing education plan in order to keep abreast of their fiduciary
responsibilities.
9.2 Prohibited Transactions. No fiduciary of the Association shall cause the
Association to engage in a transaction if the fiduciary knows or should know that a transaction
constitutes one (1) of the following direct or indirect transactions:
(a) sale or exchange or leasing of any real estate between the Association and a Board
� member;
(b) lending of money ar other extension of credit between the Association and a
Board member or member of the Association;
(c) furnishing of goods, services, or facilities between the Association and a Board
member; I�
(d) 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; or ���
(e) sale, exchange, loan, or lease of any item of value between a plan and a fiduciary
of the plan other than for a fair market value and as a result of an arm's-length
transaction. I
9.3 Fiduciary Responsibilities Apart from the Special Fund. Although the title
"Trustee" is applied to members of the Board of Directors of the Association, the fiduciary
standard that Directors are subject to is two-tiered as a matter of State law. With respect to the �
Association's Special Fund, Trustees are required to meet a standard of care that applies to
fiduciaries under Minnesota Statutes Section 356A.04, as described above. With respect to �
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' business and management decisions not including decisions related to the Special Fund, all
Trustees are required to meet a standard of care that applies to nonprofit corporation Directars
under Minnesota Statutes Section 317A.251. These decisions include, but are not limited to,
business decisions regarding fimd-raising activities, and disposition of and management of the
General Fund. Accordingly, in their decision-making and management, Trustees must discharge
the duties of their position in good faith, in a manner the Director reasonably believes to be in the
best interests of the Association, and with the care an ordinarily prudent person in a like position
would exercise under similar circumstances. Directors are not, in accord with that same statutory
section, considered "Trustees" with respect to the Association or with respect to property held or
administered by the Association.
9.4 Conflict of Interest Procedures. When a member(s) of the Board of Directors has
a conflict:
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(a) Each member of the Board of Directors, whether acting as a Director or as an '
Officer of the Association, has a duty to disclose to the Board (or to any
committee of the Board) the material facts of any proposed transaction or action
of the Association in which they or a Family Member have a Material Financial
Interest.
(b) The disclosure required under #1 (above) must be made, to the extent possible,
prior to any consideration of such proposed transaction or action by the Board
of Directors or by any applicable committee of the Board of Directors. If a Board
member does not recognize the existence of a conflict prior to the Board of
Director's decision regarding the transaction, that person has a duty to disclose
the material facts of the conflict as soon as the conflict is recognized.
(c) The Board member having a conflict shall not participate in the deliberation or
decision regarding the matter under consideration and shall leave the room during I
deliberations except when he or she has been invited by the Board or committee
to participate, after consideration of the significance to the Association of the
disclosed conflict. The Board of Directors or committee may also request that he �'�
� or she provide the Association with any relevant information known to the Board
i member regarding the matter.
(d) Any proposed transaction or action in which the Board of Directors has
determined that a Director has a conflict of interest that is not "de minimis" is to
be approved by a ma �ori �all the Board � Directors then-serving who would
be entrtled to vote and who are not interested Board members at a meeting at
which a quorum is present (i.e., by a Supermajority of the entire Board of
Directors not including a conflicted Board member(s)), even though the non-
conflicted directors may constitute less than a quorum). Deliberations by the
Board of Directors regarding the conflict shall be documented in Board minutes
no later than 60 days following the subject meeting. The votes of each Board
member in support or in opposition to the transaction or action shall be noted.
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(e) All Board members are obligated to notify the Board of Directors if they believe
another Board member has failed to disclose a conflict, and this procedure shall
be followed by the Board of Directors in all such instances.
ARTICLE X
FUNDS
10.1 Funds. All money received by the Association shall be kept in two (2) separate
funds, 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 Association.
10.2 General Fund. The funds received by this Association from: dues, donations,
fines, initiation fees, entertainment revenues and any moneys donated for unspecified uses shall
be kept in the General Fund and may be disbursed upon a majority vote of the membership or of
the Board of Trustees for any purpose reasonably suited to promote the welfare of the
Association and its members. All expenses shall be paid out of the General F�md, except as
specifically authorized to be disbursed from the Special Fund. These records shall be open for
inspection by any member of the relief association at reasonable times and places.
10.3 Special Fund. All funds received by this Association from any tax sources and
other money which may be directly donated or transferred to said funds, 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:
(a) Payment of inembers' service pension benefits in accordance with these Bylaws,
(b) Payment of ancillary benefits in accordance with these Bylaws,
(c) Payment of fees, dues and assessments to the Minnesota State Fire Department
Association and to the Minnesota Area Relief Association Coalition,
(d) Payment of insurance premiums to the Volunteer Firefighters Benefit Association,
or an insurance company licensed by the State of Minnesota offering casualty
insurance, and
(e) All administrative expenses authorized under Minn. Stat. Sect. 69.80.
These records shall be public and open for inspection by any member of the relief
association, any officer or employee of the state or municipality, or any member of the public, at
reasonable times and places.
10.4 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 Trustee
may designate. Board of Trustees shall make deposits in conformance with Minnesota Statutes,
the Bylaws and the investment policy.
2009 MNFPC Bylaws V�.O 12 �O 2009 Minnesota Firefighter Pension Consultants, LLC
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ARTICLE XI
APPENDICES INCORPORATED IN BYLAWS
The following appendices attached hereto are expressly incorporated herein as a component
of these Bylaws, with the same legal force and effect of Bylaws.
Appendix A: Bylaw Amendment History.
I Appendix B: Shakopee Fire Department Relief Association Defined Benefit Lump Sum
Retirement Plan.
Appendix C: Benefit Levels.
Appendix D: Intentionally Left Blank.
� Appendix E: Intentionally Left Blank. '�
I Appendix F: Special Laws
ARTICLE XII
AMENDMENTS '
� 12.1 Amendment of Articles of Incorporation by Members. Amendments to the '
Articles of Incorporation must be approved by a majority of the Board of Trustees and by a
majority of the Active Members. If an amendment is initiated by the Directors, proper notice of ,
the proposed amendment must precede a meeting of the members at which the amendment will
I be considered and must include the substance of the proposed amendment. If an amendment is �,
proposed, the members may demand a meeting of the Board of Trustees within 60 days for
� consideration of the proposed amendment if a regular meeting of the Board would not occur ��
within 60 days.
' 12.2 Amendment of Articles of Incorporation by Board when Authorized by Members.
When authorized by Active Members, the Articles of Incorporation may be amended by the ;
Board of Trustees by the affirmative vote of a majority of the Trustees then in office, at a
meeting for which notice of the meeting and the proposed amendment have been given. The
members may prospectively revoke the authority of the Board to exercise the power of the
members to amend the Articles. Nothing in this Section shall be construed to permit the Board
' to adopt, amend, or repeal provisions in the Articles that would alter the rights of the ��
membership.
, 12.3 Amendment of B, l�ws by Board. The Bylaws of the Association may be amended by the ;
Board at any regular or special meeting of the Board by a vote of the majority present and ',
voting, provided that a quorum is present; and provided further that a notice of date, time, place, ,
purpose of the meeting and proposed amendment be posted on the bulletin board of the '
� Association, or if no bulletin board, on the door of its usual meeting room, and in accord with '
Minn. Stat. §317A.231, each Trustee has been provided at least three (3), but not more than sixty !
� (60) days, before the meeting, (excluding the date of the meeting) with notice setting forth the '
date, time, place, purpose of the meeting and proposed amendment. I
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Board Limitations of Bylaw Amendments. Nothing in this section shall be construed to permit the �
Board to adopt, amend or repeal provisions regarding: I
(a) Amending in any way the definition of "Active Service" set forth in the Plan attached �
hereto
(b) Decreasing any benefit level set forth in the Plan attached hereto
(c) Changing the vesting schedule set forth in the Plan attached hereto �
� (d) Membership (Article IV) I
(e) Compensation (Section 6.8)
' n Article VII �
� Electio s
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(g) Member Quorum (Section 8.5)
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(h) Revise the number of Members required to amend the Bylaws (Section 12.4) I
(i) or limit the right of at least ten percent of the membership to propose a resolution for
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m ers ado t amend or re eal B la�vs that the Board has taken
action by the emb to p, , p y
action to adopt, amend or repeal pursuant to this section. I
12.4 Amendment of Bvlaws bv Members. The Bylaws of the Association may be
amended at any regular or special meeting by a vote of two-thirds of the Active Members present
and voting, provided that a quorum is present; and provided further that notice of any proposed
amendment(s) shall be given by posting or reading the same at any regular or special meeting not
more than thirty-one (31) days preceding that upon which such amendment(s) are to be acted
upon.
'ci alit . If the Association amends its I
12.5 Ratification of Amendments b�Muni p v
bylaws to affect the amount of, the manner of payment of, or the conditions for qualification for �
� service pensions or ancillary benefits or disbursements other than administrative expenses, it
may be necessary to obtain ratification of the amendment by the Municipality as described in
� Section 8.1 of Appendix B. I
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�' 1 certify that the preceding pages and the appendices attached are an accurate and
complete copy of the Bylaws of the Association and are duly adopted on the latter of the Board
(if authorized under 12.3) or Member meeting held on �� S�1 4 g i
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r'�
RA Name: _��► �t � o�.-r� �'� (`c Q�Pu.- r,•-, �/'
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Officer Signature: �
Officer Name: ,S[e� �� J'� v, 5 I
� Officer Position; �-t C°�'�' �`h ^� I
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' These model documents arc drafted to conform to Minnesota tate r I
s ]aws elahng to relief association pension plans
for volunteer firefighters. The model documents are noY drafted to meet the requirements of tax-qualified retirement I
plans under the Internal Revenue Code. Minnesota Firefighter Pension Consultants, LLC (MNFPC, LLC) makes no
representation regarding the status of the plans under federal or state tax laws.
MNFPC, LLC is not a law firm. We recommend review by your legal counsel of model documents before ado tion.
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2009 MNFPC Byla�vs V5.0 SIGNATURE PAGE 15
; ��rl��l;sc��i�
l l 1:1.1� IGI i'1'L•'R
PI?:\�ilO\ i
Gc��sUt;1:��'1's
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APPENDIX A
SHAKOPEE FIRE DEPARTMENT RELIEF ASSOCIATION
� Bylaw Amendment History ���
For a complete summary of the amendments and, if applicable, the Board's rationale and purpose
� for the change, refer to the Board of Trustee meeting minutes listed with the effective date of the �
� applicable amendment listed hereunder.
� Effective Dates Meeting Minutes Summary of Change
November 1, 2010 February 21, 2008 and Restatement of Bylaws and Appendices in their
(�ocument) August 24, 2009 (Board of'['rustees) entirety as part of subscribing to the MNFPC Bylaw �
September 21, 2009 (Membership) SolutionT"' version 5 that provides model
August 31 , 2005 see Appendix C for Ivtunicipaliry minutes documents, administrative forms, and trustee
(Benefit level; see Appendix C) SU Ort.
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NA means not available.
NR means not required. �
TBD means to be determined
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A-1 OO 2009 Minnesota Firefighter Pension Consultants, LLC
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Meeting of the Board of Trustees • I
Date: 2- ( ��� ��p � Location: S FO S�*�+��6 r� � �
Type of Meeting: ❑ Regular '�Special �,
Board of Trustee members (and guests) present �i�5c names�:
�rcg: (L��c.'� tr�S�F�c �+'tt��ti.n.4, lo(��ccn Hs�+���ti., �o��vr�►
.,
v�� C�-kU �NI t' ��►M4vp+� �bHiv Scti n,•Jt
S-c�rc Fk�.� O�,i: � ,�n�fi �•'tc cti: c� �ol�
t"��YSvl�c-� �' 1 1� GS /�'�. ��Nurc•t v 6 �cLfyn C�
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Board of Trustee members absent pi5t name5�:
��Kyh�CG-,�-S� ,
Quorum: � Yes ❑ I�O {Refer to your current Bylaws for quorum requirements)
Called to Order ���me�: �� 3 0
APPROVAL OF MNFPC BYLAW SOLUTIONr"' �
I Motion to restate the Articles of Incorporation, Bylaws and Appendices in their entirety as
part of subscribing to the MNFPC Bylaw SolutionT"" that provides model documents, i
administrative forms, and trustee support.
/�ppPOV@d ❑ WIthOUt � With ChallgeS. (If with changes attached MNFPC approved changes.) I
EffOCtIVB D8t8: � DBfaUlt (first of the month after membership approval) �Specify different future date: ��"' l �(� I
' Motioned by: S�z �, ��4 v�S Seconded by: 1�• ��� �� �^ � Motion Passed: �Yes ❑ No �
Motion to adjourn the meeting
I Motioned by: V. I � � 4 �l Seconded by: szC �A ✓' $- Motion Passed: �Yes ❑ No
i Adjourned �t�me>: (� 2 O I
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Respectively Submitted By:
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' Signature Date
' �CO � 1.J�11if StCr��4/'
Print Name
❑ Other motions made at Board of Trustee meeting (attached)
MNFPC Board Approval Kit Minutes (conversion} I
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� Shakopee Fire Department Relief Association
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� Board of trustee's Meeting Minutes.
� President Dave Klein �Vice President Matt Schlenk
❑ Tntstee Vern Giese � Trustee Tom Breeggemann
�Secretary Scott Davis �Treasurer Scott Thies
I C7 Municipal Trustee D.O.F. Greg Voxland
i 0 Municipal Trustee Mayor John Schmidt �
j �.Municipal Trustee Interim Fire Chief Ed Schwaesdall �
i President HIein with called the special meeting of the SFD Board of Trustees to I �i
order at 1930 hrs on The 21st of February 2008 with 6 present and 3 absent. I
, Secretary Davis made a motion to dis ense with the readin of the minutes and
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the officer re orts 2 b VP Schlenk motion carried 6-0. �
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I New business for discussion was raises for the Treasurer for the General Fund, I
� Currently at $600 a year, the thought was since he has been putting more time i
�� into the account with the 125 and the old FORD, along with the rest of the
bills. Much discussion foilowed about how much time is put in towards the �
accounts now. Secretary Davis made a motion to table the any raise until the I
general treasurer gets bacic to us with a time sheet of how much time is being I
used towards the general fund, 2 by VP Schlenlc motion passed 6-0.
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� The old business for the meeting was the Model Bylaws that we received from �
j MNFPC to finish going through thc rest of the articles for approval, questions '
from the last meeting were answered via response e-mail from MNFPC. Chief �
Schwaesdall excused himself to go to a working #ire eall. Much discussion i
followed during the reading of the bylaws. Numerous wording changes through i
' out the document for Legal and Legislative changes. Secretary Davis made a i
I motion to approve the model bylaws from MNFPC with Changes (please see
� attachments) 2 by VP Schlenk motion carried 5-1 with Chief Schwaesdall �
� Dissenting �
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VP Schlenlc made a motion to Ad'ourn 2 b Trustee Giese motian ca rie 6-
J y r d 0
� meeting adjourned at 2110hrs I
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Respectfully submitted Scott Davis Secretary SFDRA. �
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Shakopee Fire Department Relief Association ��
Board of trustee's Meeting Minutes. �
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President Dave Klein A Vice President John Clay
A P Trustee Vern Giese A Trustee Tom Breeggemann �
A Secretary Scott Davis A Treasurer Scott Thies �
A Municipal Trustee D.O.F. Greg Voxland
A P Municipal Trustee Mayor John Schmidt
A Municipal Trustee Fire Chief Richard Coleman �
Call to Order — President Klein calied the August 24 2009 special meeting of the I
Board of trustees to order at 1730 with 8 members present, 1 absent and also �
, Colleen Harman Bollom, President Minnesota Firefighter Pension Consultants
� (MNFPC) I
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' Reading of the Minutes - A motion was made to dispense with the reading of the I
� minutes, motion passed unanimously.
�
� Off'icers report - A motion was made to dispense with the treasurers report, motion I �
I passed unanimously. !
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Unfinished business — Bylativs at this time President Klein introduced Colleen �
Hartman Bollom President of MNFPC, Colleen gave an over view of her
background and business, and how the Association got to this point. I
, The questions that board members had where asked and answered to the �
i satisfaction of the board. Three Ttems will be brought to the membership for I
finalization (please see attached). The board decided to schedule a special general �
' membership meeting on 21 September 2009 at 2015 to present the items for i
� finalization.
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Colleen presented the bills for her services and a motion was made to pay her the I
amount of $900.00 tonight, which brings us up to date, motion passed unanimously. !�
At this time Colleen excused herself and left the meeting. I
New Business — Discussion of how to pay recently retired member Secttred for .
privacy with the marlcet down and our reserves down the board opted to defer i
discussing payment until October meeting.
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� Adjournment — Motion �vas to adjourn the August 24, 2009 board of trustee I
meeting, motion passed unanimously. i
Respectfully submitted Scott Davis Secretary SFDRA. �
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Shu �'P � ` � ''' � Relief Association
I Meeting of the Membership
Date: 2� S � P fi Z O� °� Location: s`�� S� f'oK � I
I Type of Meeting: ❑ Annual ❑ Regular �pecial
' Number members present �atta�n roster�: 3 Z �
' QUOC'Ut1l: ��Y@S ❑ NO (Refer to your current Bylaws for quorum requirements)
Called to Order �t�me�: �
APPROVAL OF MNFPC BYLAW SOLUTIONr""
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Motion to restate the Articles of Incorporation, Bylaws and Appendices in their entirety as
� part of subscribing to the MNFPC Bylaw SolutionT"' that provides model documents, �
administrative forms, and trustee support. i
I EffeCtive D8t2: � DefaUlt (first of the month after membership approval) � Specify different future date: l ���� �� I
, Motioned by: D�s+���+ c�� Cr�yH,� Seconded by: FF 5 �� t �� �G Motion Passed: [�Yes ❑ No I
Motion to adjourn the meeting
I Motioned by: '�� R:�S Seconded by: '��" G"�d'�'SS. Motion Passed; es ❑No
D � �
' Adjourned �►�me): 2 Ss I
Respectively Submitted By; I
I
I ' .S�e�rt�;.i.� � — Z � — �O I
Signature Date
�'c o r� ,0.4 �/• �
Print Name
❑ Other motions made at, and attendance roster for, Membership meeting (attached)
�
MNFPC Member Approval Kit Minutes (conversion)
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Relief Association Attendance.xlsx '
Name Present Absent Pd
Tom Bree emann �C
Trevor Gies � j
Nate Theis �
John Cla 1� �
Robert Indrebo
Shawn Remme
Brian Theis � �
Kevin Fredrick
Jose h Simon I
Derelc Dennis s.�
J'immy Horton
Kevin Kern
Luke Struck
Joe Theis
Greg Voxland �
Ma or Schmidt �
Chief Ricic Coleman
I
Brian Benz �c
Ter Linlc �
Terry Stang �
Ken B erg I
Al Gies
Ken Pass
Steve Menke
Paul Tessmer
Jon Sinnen
Marlc Wandersee I
Edward Schwaesdall �
Lino Baden I
Dan Leadstrom i
Scott Macicinnon '
I
ndance.xlsx 9/21/2010
I
Relief Association Attendance.xlsx
Name Present Absent Pd
Dave Judd
Ma Gl nn
Tom Pitschneider
Val Theis
Scott Theis
Dan Paul x
Denn Paul �c,
Bob Riesgraf
Dave Klein
John Laeger h
Paul Laxen
A1 Johnson X
� Bob Gieseke
Eric Bender � ,
Jake Theisen x
John Fox
Tom Hechsel
R an Yettreness
Marlc Brandon
Scott Blom �
Adam Ries
Scott Davis �
Dave Giddings SC
Darren Giese
Mich Korba �
Matt Schlenk
�
I
Relief Association Attendance.xlsx 9/21/2010
1'II��I;SO�111
1 l I�I�.FIGHTI;R
I'l:\SIO`
Gc>�sLT1.1:��'I
APPENDIX B
SHAKOPEE FIRE DEPARTMENT RELIEF ASSOCIATION
DEFINED BENEFIT LUMP SUM RETIREMENT PLAN
�
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These model documents are drafted to conform to Minnesota state laws relating to relief association pension plans '
for volunteer firefighters. Minnesota Firefighter Pension Consultants, LLC (MNFPC, LLC) makes no representation I
regarding the status of the plans under federal or state tax laws. i,
MNFPC, LLC is not a law firm. We recommend review by your legal counsel of mode] documents before adoption. I I
2009 MNFPC Appendix B DBV5.0 �O 2009 Minnesota Firefighter Pension Consultants, LLC
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TABLE OF CONTENTS �
Page
ARTICLE I NAMES, PURPOSE AND OTHER GENERAL INFORMATION ........................................ I
1 .1 Name of Municipality ............................................................................................. 1
1.2 Name of Fire Department ....................................................................................... 1
1.3 Name of Relief Association .................................................................................... 1
1.4 Federal Taxpayer ldentification Number ................................................................ 1
1 .5 Name of Plan ........................................................................................................... 1
1.6 Original Effective Date of Plan ............................................................................... 1
1.7 Purpose ....................................................................................................................1
ARTICLE II DEFINITIONS AND INTERPRETATION ............................................................................ 1
2.1 General Definitions ................................................................................................. 1
2 .2 Interpretation ........................................................................................................... 4
ARTICLEIII VESTING ...............................................................................................................................4
3.1 Full Vesting of Accrued Benefit ............................................................................. 4
3.2 Partial Vesting of Accrued Benefit ......................................................................... 4 '
3.3 Determining Years of Active Service for Vesting .................................................. 5 '
ARTICLE BENEFITS .............................................................................................................................5
4 .1 Retirement Benefit .................................................................................................. 5
4.2 Return To Service ................................................................................................... 6
4.3 Deferred Interest ..................................................................................................... 6
4.4 Disability Benefit .................................................................................................... 6
4 .5 Survivor Benefit ...................................................................................................... 7
4 .6 Funeral Benefit ........................................................................................................ 8
4 .7 Supplemental Benefit .............................................................................................. 8
4.8 Supplemental Survivor Benefit ............................................................................... 8
4.9 Benefit Payment Requests ...................................................................................... 9
4 .10 Forms of Payment ................................................................................................... 9 �
4.11 Maximum Limitation on Benefits ........................................................................... 9
4.12 Required Distributions ............................................................................................ 9
4 .13 Abandoned Benefits .............................................................................................. 10
ARTICLEV APPEALS PROCEDURE .....................................................................................................10
5 .1 Right of Appeal ..................................................................................................... 10
5 .2 Denial of Benefits ................................................................................................. 10
5 .3 Review Procedure ................................................................................................. 10
I, ARTICLE VI CLAIMS AGAINST BENEFICIAL INTEREST ................................................................1 ]
� 6.1 Nonassignability ................................................................................................... 11
6.2 Charge for Litigation ............................................................................................. l 1
'� 6.3 Domestic Relations Orders ................................................................................... 11
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ARTICLE VII UNIFORMED SERVICE (MILITARY SERVICE) ..........................................................12
ARTICLE VIII RIGHT TO AMEND, DISCONTINUE OR TERMINATE ............................................. ] 3
8.1 Amendment ...........................................................................................................
8.2 Consolidation and Plan Benefits ........................................................................... 14
8.3 Termination of Plan .............................................................................................. 14 j
ARTICLE MISCELLANEOUS ............................................................................................................ l4 �
9 .1 Governing Law ..................................................................................................... 14 �
9 .2 Binding Effect ....................................................................................................... 14
9 .3 Effective Date Application ................................................................................... 14
9.4 Authority of Board of Trustees ............................................................................. 15
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2009 MNFPC Appendix B DBV�.O ii O 2009 Minnesota Firefighter Pension Consultants, LLC �
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SHAKOPEE FIRE DEPARTMENT RELI�F ASSOCIATION
DEFINED BENEFIT LUMP SUM RETIREMENT PLAN
The Board of Trustees of the Relief Association amends and restates its existing defined
benefit pension plan in its entirety for the benefit of its eligible members. ,
ARTICLE I
NAMES, PURPOSE AND OTHER GENERAL INFORMATION
1.1 Name of Municipalitv: City of Shakopee
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l.2 Name of Fire Department: Shakopee Fire Department
� 13 Name of Relief Association Shako ee Fire De artment Relief Association
P P
Address: 2700 Vierling Drive E., Shakopee, MN 55379
1.4 Federal Taxpayer ldentification Number 41-6031677
1.5 Name of Plan: Shakopee Fire Department Relief Association Defined Benefit Lump
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Sum Retirement Plan
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� 1.6 Original Effective Date of Plan: August 10, 1895
1.7 Purpose. The purpose of the Plan is to provide benefits to eligible members of the Relief
Association (Participants) and their lawful Beneficiaries.
ARTICLE II
DEFINITIONS AND INTERPRETATION
2.1 General Definitions. The following words and phrases when used herein shall have the
following meanings except as otherwise required by the context:
(a) "Accrued Benefit" of a Participant shall mean the benefit determined under the
terms of the Plan, as of a specified date.
� (b) "Active Service" shall mean active service as defined by the Fire Department, as
stated in its policies and procedures, except that Participants shall not receive
credit for Active Service nor be eligible for Plan benefits for periods during which
� the Participant is:
� (i) a full- or part-time employee of the Fire Department who accrues pension
service credit under the Public Employees Retirement Association of
Minnesota Police and Fire Fund for the same firefighting service.
2009 MNFPC Appendix B DBV5.0 B-1 O 2009 Minnesota Firefighter Pension Consultants, LLC
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(c) "Alternate Payee" shall mean a spouse or former spouse of a Participant who is
recognized by a Domestic Relations Order as having a right to receive all, or a
portion of, a Participant's Beneficial Interest under the Plan, pursuant to Minn.
Stat. 518.58, Subd. 4.
' (d) `Beneficial Interest" shall mean the amount of a Participant's Accrued Benefit
that is distributable to the Participant or the Participant's Beneficiary in
accordance with the terms of the Plan.
(e) "Beneficiary" shall mean any person entitled to receive benefits which may be
payable upon or after a Participant's death.
(� `Board of Trustees" or `Board" shall mean the Board of Trustees of the Relief
Association.
cc e�
(g) Break in Service shall mean a period as defined by the Fire Department in its
policies and procedures, during which the Participant does not meet Active
Service requirements. However, service restored pursuant to the uniformed
services provisions of Article VII shall be considered Active Service and shall not i
be considered a Break in Service. �
(h) "Bylaws" shall mean the duly adopted bylaws of the ReliefAssociation. �
(i) "Code" shall mean the Internal Revenue Code of l 986, and amendments thereto.
(j) "Disability" or "Disabled" shall mean the inability of a Participant to engage in �
the performance of his or her duties by reason of a medically determinable '
physical or psychological impairment, which can be expected to last for a
continuous period of not less than twelve months or can be expected to result in
death. Disability may have been incurred in the line-of duty or outside the line-of
duty. A Participant's Disability shall be determined by the Board in its sole i
discretion. �
� (k) "Disability Beneft" shall mean the benefit, if any, paid to a Participant in lieu of
a Retirement Benefit, pursuant to Section 4.4.
(1) "Domestic Relations Order" shall mean any judgment, decree or order
(including approval of a property settlement agreement) that complies with the '
' provisions of Minn. Stat. Sections 518.58 or 518.581.
�
(m) "Effective Date" of the Plan shall be the effective date referenced on the first �
page of the Bylaws. I
(n) "Entry Date" shall mean the date of hire as defined in the Fire Department
policies and procedures.
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(o) "Participant" shall mean a member of the ReliefAssociation who has accrued or ��
is accruing benefits under the Plan.
2009 MNFPC Appendix B DBV�.O B-2 �O 2009 Minnesota Firefighter Pension Consultants, LLC
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(p) "Plan Year" shall mean the calendar year. �
(q) "Qualification Procedures" shall mean written procedures adopted by the Board
of Trustees to:
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� (i) determine whether a Domestic Relations Order may be honored under the
law and the terms of the Plan; and
(ii) to administer distributions under such orders.
The procedures shall be implemented within a reasonable time after receipt of a
domestic relations order by the Board of Trustees. Qualification Procedures must
permit an Alternate Payee to designate a representative for receipt of copies of
notices sent to the Alternate Payee with respect to a Qualified Domestic Relations
Order.
(r) "Quali�ed Recipient" shall mean an individual who receives a lump sum
distribution of pension or retirement benefits, including disability benefits, from
the Relief Association for service performed as a Volunteer Firefighter, as it �
relates to Section 4.7 herein.
(s) "Retirement Benefit" shall mean the benefit payable to a Participant pursuant to �
Section 4.1, but only after the Participant has met all eligibility requirements of
Section 4.1.
(t) "Separation Date" shall mean the date of retirement or termination as defined in
the Fire Department policies and procedures.
(u) "Special Fund" shall mean the fund established pursuant to Minn. Stat. 424A.05
used to fiind benefits under the Plan and for other purposes permitted by statute.
The assets of the Special Fund shall be invested only in securities authorized by �,
Minn. Stat. 69.775.
(v) "Supplemental Beneft" shall mean the benefit paid to a Qualified Recipient �
pursuant to Minn. Stat. 424A.10, Subd. 2(a), as described in Section 4.7.
(w) "Supplemental Survivor Benefit" shall mean the benefit, if any, paid to a
Surviving Spouse or minor Surviving Children pursuant to Minn. Stat. 424A.10,
Subd. 2(b), as described in Section 4.8.
(x) "Surviving Children" shall mean any natural or adopted child of a deceased
Participant.
(y) "Surviving Spouse" the spouse of a deceased Participant who was legally
married to the Participant at the time of death.
(z) "Survivor Benefit" shall mean the benefit paid to a Participant's Beneficiary
pursuant to Section 4.5.
2009 MNFPC Appendix B DBV5.0 B-3 �O 2009 Minnesota Firefighter Pension Consultants, LLC
(aa) "Volunteer Firefighter" shall mean any person who:
(i) is engaged in providing emergency response services or delivering fire
education or prevention services as a firefighter for the Fire Department or
Municipality;
(ii) is trained in or is qualified to provide fire suppression duties or to provide
fire prevention duties under Minn. Stat. 424A.001, Subd. 8; and
(iii) meets any other minimum firefighter and service standards established by
� the Fire Department or Municipality.
(bb) "Year of Active Service" shall mean each 12-month period of Active Service
commencing with a Participant's Entry Date or anniversary thereof reduced by the
Participant's Break(s) in Service. This definition shall be used for the purposes of
calculating the minimum funding requirements and computing benefits or service
pensions payable. Service pensions will not be prorated monthly for fractional
Years of Active Service pursuant to Minn. Stat. 424A.02, Subd. 1.
2.2 Interpretation. The words defined in this Article 2 shall have the meanings assigned to
them except where specified otherwise in this instrument. Whenever appropriate, words used
, herein in the singular shall include the plural, the plural may be read as the singular, and the
masculine shall include the feminine.
ARTICLE III
VESTING
3.1 Full Vestin� of Accrued Benefit. A Participant shall have a fully vested and non-
forfeitable interest in the Participant's Accrued Benefit upon completion of 20 Years of Active
Service.
3.2 Partial Vestin� of Accrued Benefit. The following vesting schedule shall apply to a
Participant with fewer than 20 Years of Active Service:
Years of Active Service Vested Percenta�e
5 but less than 6 40%
6 but less than 7 44% I
7 but less than 8 48%
� 8 but less than 9 52%
9 but less than 10 56%
10 but less than 11 60%
11 but less than 12 64%
12 but less than 13 68°/o
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13 but less than 14 72%
14 but less than 15 76%
15 but less than 16 80%
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16 but less than 17 84% I
17 but less than 18 88%
18 but less than 19 92%
19 but less than 20 96%
20 or more 100%
3.3 Determining Years ofActive Service for Vestin�. All Years of Active Service shall be
taken into account for purposes of determining a Participant's vested Accrued Benefit, including
Years of Active Service with the Fire Department prior to the Effective Date. �,
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ARTICLE IV
BENEFITS
4.1 Retirement Benefit. (a) Eligibility. To be eligible to receive a Retirement Benefit a �
Participant must satisfy each of the following reguirements: !,
(i) Have retired or ceased Active Service with the Fire Department; �
(ii) Be at least 50 years of age;
(iii) Have been a Volunteer Firefighter in the Fire Department;
(iv) Have been a member in the Relief Association; and
(v) Have the minimum Years of Active Service required for a non-forfeitable '
interest (vested) in the Participant's Accrued Benefit.
(b) Amount. If so provided in Section 3.2, a Participant's Retirement Benefit shall be �
determined as follows:
�� Years of Active Benefit level in Vesting ���
i li d multi lied ercenta e for
i
mult e g
� Service credited b p effect for by completed Years
to Participant Participant
of Active Service
The benefit level is set forth in Appendix C. The Participant's benefit level will be the benefit ��
level in effect at the Participant's Separation Date. However, if the Participant had a Break in
Service, the Participant' benefit level shall be determined as described in Section 4.2.
Subject to the provisions of Section 8.1 of this Appendix B, benefit levels are subject to increase
and shall be effective as of the agreed upon effective date, provided that such increase shall not
apply to any Participant who ceased Active Service before the effective date of the increase.
Such Retirement Benefit shall not be paid before the later of the Participant's Separation Date or
the date the Participant attains age 50. The Retirement Benefit shall be paid at the time requested
by the Participant in a properly completed and accepted Retirement Benefit Payment Request
Form.
' 2009 MNFPC Appendix B DBV5.0 B-5 �O 2009 Minnesota Firefighter Pension Consultants, LLC
4.2 Return To Service. (a) Return to Service Before Payment of Retirement, Disability
or Survivor Benefit. If a Participant (a) ceases Active Service with the Fire Department (incurs a
Separation Date), (b) has not received a Retirement Benefit distribution from the Plan of the
' Participant's vested Accrued Benefit, and (c) subsequently returns to Active Service, the
Participant shall qualify for increases in the benefit level implemented during or after the
Separation Date from Active Service only if the Participant remains in Active Service for the
period of time equal to the period of time that elapsed between the Participant's Separation Date
and return to Active Service as increased benefit level makeup time. If the Participant has not
' met this requirement by the time of the Participant's later Separation Date, the Participant's
benefit level shall be the benefit level in effect at the time of the Participant's prior Separation
Date.
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(b) Return to Service After Payment of Retirement Benefit. �
If a Participant (a) ceases Active Service with the Fire Department (incurs a Separation Date)
and (b) receives a Retirement Benefit distribution from the Plan of the Participant's vested
Accrued Benefit, and (c) subsequently returns to Active Service after at least 60 days have
elapsedthe Participant shall be credited with additional Years of Active Service. A Participant's
Retirement, Disability or Survivor Benefit at the Participant's later Separation Date shall be
determined as follows:
Years of Vesting
Additional Benefit level in �
Active Service effect for percentage for ,
credited to multiplied participant as of multiplied completed
Participant after b y the subsequent by Additional
the return to Separation Date 1'ears of Active
service
Service
No Participant may be paid a service pension twice for the same period of Active Service.
4.3 Deferred Interest. i
The Board of Trustees shall adjust a Participant's unpaid Retirement Benefit amount at an
interest rate up to five percent, compounded annually. The interest rate shall be set by the Board
� of Trustees, subject to approval by the Municipality. Interest is payable from the first day of the
month next following the date on which the Municipality has approved the deferred service
pension interest rate established by the Board or from the first day of the month next following
the date on which the Participant separated from active Fire Department service and Relief
Association membership, whichever is later, to the last day of the month immediately before the '
month in which the Participant becomes eligible to begin receipt of, and applies for, the
Retirement Benefit. The interest rate is set forth in Appendix C.
� 4.4 Disabilit,y Benefit. A Participant who becomes Disabled while in Active Service may be
eligible for a Disability Benefit in lieu of a Retirement Benefit. A Participant who becomes
Disabled while on leave for uniformed services under Article VIl shall be deemed to have �
2009 MNFPC Appendix B DBV5.0 B-6 �O 2009 Minnesota Firefi�hter Pension Consultants, LLC
become Disabled while in Active Service. A Participant's Disability Benefit shall be determined
as follows:
Years of Active Service multiplied Benefit level in effect when I
credited to Partici ant b Partici ant becomes Disabled
The benefit level is set forth in Appendix C. Subject to the provisions of Section 8.1 of this
Appendix B, such dollar amount is subject to increase and shall be effective as of the agreed
upon effective date, provided that such increase shall not apply to any Participant who ceased
Active Service before the effective date of the increase.
Any Disability Benefit paid in accordance with this Section 4.4 shall be in lieu of all rights to
further service pension and survivors benefits.
The Participant shall be eligible to receive the Disability Benefit upon approval of the Board of �''
Trustees. A written report of a physician of the Participant's choice shall be required for payment
' of a Disability Benefit. The report shall set forth the diagnosis and prognosis of the Disability,
disease or injury of the Participant and its probable duration of permanence. A Participant's
statement as to pain or other symptoms will not alone be conclusive evidence of Disability.
A Disability Benefit Payment Request form shall be submitted to the Board of Trustees within �
six months after such Participant has ceased Active Service with the Fire Department. The form !
shall describe the nature and cause of such Disability. The form shall be under oath by the
Participant or his/her immediate family. The determination of Disability shall be tabled until the
next Board meeting so that a physician of the Participant's choice may examine the Participant.
The Board of Trustees has the discretion to request that another doctor, selected by the Board of
Trustees, examine the Participant. Final determination of Disability will be based on the reports '
of at least one doctor, and shall be determined by the Board of Trustees at the subsequent Board
meeting.
If the Participant who applied for a Disability Benefit disagrees with the Board's determination,
the Participant may, within sixty (60) days from notice of such action of the Board of TrListees,
file a written appeal of the Board of Trustees' determination. The appeal will be decided under
the appeal procedures described in Article V.
4.5 SLirvivor Benefit. (a) Eligibility. For a Participant's Beneficiary, to be eligible to receive ��
a Survivor Benefit, the Participant must have satisfied the following requirements:
(i) Have died in Active Service with the Fire Department; or
�� (ii) Have died prior to receiving his Retirement Benefit. �
A Participant who dies while on leave for uniformed service under Article VII shall be deemed
to have died while in Active Service.
� (b) Amount. If a Participant in Active Service dies, the Participant's Beneficiary shall
receive a lump sum payment equal to 100% of the Participant's Accrued Benefit.
2009 MNFPC Appendix B DBV5.0 B-7 �O 2009 Minnesota Firefighter Pension Consultants, LLC
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If a Participant who has retired from or ceased Active Service dies, the Participant's Beneficiary
shall receive a lump-sum Survivor Benefit determined as follows:
Years of Active Benefit level in Vesting
Service credited multiplied effect for multiplied percentage for
to Participant by Participant by completed Years
of Active Service
The Survivor Benefit level will be the benefit level in effect at the Participant's Separation Date.
However, if the Participant had a Break in Service, the Survivor Benefit level shall be
determined as described in Section 4.2.
Such Survivor Benefit shall be paid to the Participant's Beneficiary as soon as administratively
feasible following the Participant's death and the approval of the Survivor Benefit Payment �
Request form.
A Participant's Beneficiary shall be as follows:
(a) the Participant's Surviving Spouse; or �
(b) if no Surviving Spouse, the Participant's Surviving Children; or �'�
(c) if no Surviving Spouse or Surviving Children, the Participant's designated
Beneficiary or Beneficiaries. To designate a Beneficiary, the Participant shall
complete, sign and file with the ReliefAssociation a designation of Beneficiary �
on a form to be provided by the ReliefAssociation or by other written form �
acceptable to the Relief Association. On said form, the Participant shall designate
a Beneficiary, which must be a natural person, or a designated trust created under
� Chapter 501 B of the Minnesota Statutes that shall be paid any sum which may be ,
payable on account of the Participant's death (reserving, however, to the I
Participant the power to change the designation of Beneficiary using the Change
of Beneficiary Designation form from time to time); or
(d) if no designated Beneficiary or Beneficiaries, to the estate of the Participant. �
4.6 Funeral Benefit. No Funeral Benefit shall be paid under this Plan. '
' 4.7 Su�plemental Benefit. Upon payment of a lump sum distribution, the Relief Association
must pay a Supplemental Benefit to the Qualified Recipient. The Supplemental Benefit may be ��
paid from the Special Fund. The amount of the Supplemental Benefit equals ten percent of the �
lump sum distribution, excluding any interest paid during a period of deferral, but in no case may
the Supplemental Benefit exceed $1,000.
4.8 Supplemental Survivor Benefit. Upon payment of a Survivor Benefit, the Relief ,
Association must pay a Supplemental Survivor Benefit to the Surviving Spouse, or, if none, the
Surviving Child(ren) of a Participant who had at least one (1) month of Active Service. The
Supplemental Survivor Benefit shall be paid in lieu of the Supplemental Benefit and shall be '
2009 MNFPC Appendix B DBV5.0 B-8 �O 2009 Minnesota Firefighter Pension Consultants, LLC �
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paid from the Special Fund. The amount of the Supplemental Survivor Benefit equals twenty
(20) percent of the lump sum distribution, but in no case may the Supplemental Survivor Benefit
exceed $2,000.
4.9 Benefit Payment Requests. Requests for benefit payment shall be in writing and filed
with the Relief Association not less than 90 days prior to the next Board meeting, unless
permitted earlier by the Board. Such request shall be made on the appropriate form described
below:
Requested Benefit Required Benefit Form
Retirement Retirement Benefit Payment Request
Survivor Survivor Benefit Payment Request
Disability Disability Benefit Payment Request
(if applicable)
Reguests for Plan benefits shall be considered valid when approved by the Board. Upon
approval of the request, the Board shall pay the Participant within 90 days and provide notices to
� the Participant as required by state or federal law with respect to pension or benefit payments,
including, if required, the Special Tax Notice Regarding Plan Payments.
4.10 Forms of Pavment. Plan benefits payable to a Participant or Beneficiary shall be made in
single lump sum payment. The Participant shall specify that the payment be made in the manner
of:
(a) a check payment payable to the Participant or Beneficiary, subject to federal
income tax withholding, as may be required; or
(b) a direct rollover to an individual retirement account described in Section 408(a) of
� the Code to the extent permitted by law.
No other forms of distributions are allowed under the Plan. �
4.1 l Maximum Limitation on Benefits. Notwithstanding any provision of the Plan to the
contrary, a Participant's benefit under the Plan shall not exceed the maximum amount permitted
under Section 415 of the Code. Service pensions shall be further limited to the maximum
amounts payable pursuant to Minn. Stat. 424A.02, Subd. 3.
4.12 Required Distributions. Notwithstanding any provision of the Plan to the contrary, a
'� Participant's benefit shall be paid to the Participant by April l of the calendar year following the
later of the calendar year in which the Participant attains age 70Y� or ceases Active Service. Such
distributions shall be determined and made in accordance with Section 401(a)(9) of the Code and
regulations promulgated there under, including the minimum distribution incidental benefit
requirement of Treasury Reg. Section 1.401(a)(9)-2, the provisions of which are incorporated
herein by reference.
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4.13 Abandoned Benefits In the event the Relief Association is unable with reasonable effort
to locate a Participant, Beneficiary or Alternate Payee entitled to a distribution under the Plan,
the benefit distributable to such Participant, Beneficiary or Alternate Payee shall be forfeited and
will be credited to the Special Fund. Such forfeiture shall occur no earlier than six (6) months
after the Relief Association's efforts to locate such Participant, Beneficiary or Alternate Payee
i began or, if later, the earliest date permitted under Minn. Stat. 356.65.
If a Participant, Beneficiary or Alternate Payee whose benefit has been forfeited pursuant to this
Section later makes a claim for the forfeited benefit, such forfeited amount shall be restored,
unadjusted for any gains or losses occurring subseQuent to the date of the forfeiture. A claim for
a forfeited benefit must be made by a Participant within five (5) years after the last contribution
was made for the Participant (or, in the case of a Beneficiary of a deceased Participant, within
five (5) years after the Participant's date of death; or in the case of an Alternate Payee, within
five (5) years of the date that the Domestic Relations Order was determined to be qualified, or if
� later, within five (5) years after the last contribution was made for the Participant). If the
I forfeited benefit amount exceeds $25 and the inactive or former member again becomes a
r credit f he
member of the Relief Association, the forfeited amount will be resto ed to the o t
person.
A V
RTICLE
APPEALS PROCEDURE
� 5.1 Right of Appeal. In the event the Board of Trustees denies a written request for a �
Retirement, Disability or Survivor Benefit, the Participant or Beneficiary whose request was �
� denied (a "claimant") shall be entitled to appeal the determination. �
5.2 Denial of Benefits. lf a written request is not approved, the Board shall return the form to '�
the claimant within 30 days, noting which requirements the claimant does not meet. Thereafter,
the claimant shall be filrnished with the opportunity to be heard by the Board, on the question of �I
� whether the claimant meets all of the eligibility requirements. A claimant who intends to appeal '
must furnish the Board with a written notice of appeal within 30 days of receiving an adverse
determination.
5.3 Review Procedure. Upon receipt of the written notice of appeal, the Board of Trustees
shall hold a special meeting within 60 days. Timely notice of the meeting shall be given to the I
� claimant at least 15 days prior to the special meeting. The claimant shall have the reasonable
opportunity to be heard by the Board of Trustees at the special meeting with regard to the
negative determination. The Board shall decide the appeal and shall give the claimant written
' notice of its decision.
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The exhaustion of these claims procedures is mandatory for resolving every claim and dispute
arising under these Bylaws. Any legal action to recover benefits or to enforce or clarify rights
under the Bylaws must be commenced in the proper foriim within 120 days after the claimant has ��
exhausted the claims procedures. For all purposes, knowledge of all facts that the Participant ',
knew or reasonably should have known shall be imputed to every claimant who is or claims to be
a beneficiary of the Participant or otherwise claims to derive an entitlement by reference to the I,
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Participant. The Board has full discretion to determine benefit claims under the Bylaws. Any
interpretation, determination or other action of the Board shall be subject to review only if it is ,
arbitrary or capricious or otherwise an abuse of discretion. Any review of a final decision or
action of the Board shall be based only on such evidence presented to or considered by the Board
at the time it made the decision that is the subject of review. '�
ARTICLE VI '
CLAIMS AGAINST BENEFICIAL INTEREST
6.1 Nonassi n� abilitv. No Participant or Beneficiary shall have any transmissible interest in �
the Plan or in the Participant's separate Beneficial Interest therein, either before or after the I
vesting thereof, or in any of the assets comprising the same prior to actual payment and
distribution thereof, and shall have no power to alienate, dispose of, pledge or encumber the
same, while in the possession or control of the Plan, nor shall the Plan recognize any assignment �
thereof, either in whole or in part, nor shall the interest of any Participant or Beneficiary be
subject to attachment, garnishment, execution or other legal process while in the hands of the i
Plan, except as provided in Minn. Stat. 518A.53 or as otherwise provided herein.
6.2 Char�e for Liti�ation. In the event that any Participant or any person claiming by or �
through a Participant should commence any equitable or legal proceedings against the Relief
Association, the result of which is adverse to the plaintiff, or in the event that the Relief
Association should find it necessary to commence any such proceeding against any ParticipanY or i
any person claiming by or through a Participant, the result of which is adverse to the defendant,
the cost to the Relief Association of defending or bringing the proceeding, as the case may be,
shall be charged, to the extent possible and permitted by law, to the Accrued Benefit of the
� Participant and only the eXCess of such cost over the amoimt of the Participant's Accrued Benefit
shall be included as an expense of administration.
6.3 Domestic Relations Orders. Notwithstanding any provision to the contrary herein, the I
Board of Trustees may assign the interest of a Participant in the Plan to an Alternate Payee
pursuant to a Domestic Relations Order. In the event the Plan receives a Domestic Relations
Order with respect to a Participant's Beneficial Interest in the Plan, the following provisions
�� shall apply:
(a) The Board shall promptly give written notification to the Participant and to the
Alternate Payee of receipt of a domestic relations order and of Plan Qualification
Procedures. The Board shall then proceed with Qualification Procedures to
determine whether the order is a Domestic Relations Order and can be honored.
' The Board shall �hen notify the Participant and Alternate Payee (or the Alternate
Payee's designated representative) of its determination.
(b) Disputed funds shall be disposed of as follows:
� i Durin the eriod in which the ualification Procedures are in roaress
� b P Q P b �
)
the Board shall separately account for any amounts which would be
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to an A1 ern Pa ee if the Domestic Relations Order can be I
payable t ate y
honored.
(ii) If it is determined the Domestic Relations Order can be honored within the �
18-month period commencing on the date payments are to begin under the
order, the Board shall pay the amounts designated in the order, including
any interest, to the Alternate Payee.
(iii) If the Board determines that the Domestic Relations Order cannot be
honored or if the 18-month period described in (ii) above elapses and the ;
qualification dispute has not been resolved, the Board shall pay the '
segregated amounts, together with earnings or losses, if required, to the
persons who would have received the amounts if the order had not been
issued. �
(iv) lf an order is qualified after expiration of the 18-month period described in �',
(ii) above, payment of benefits to an Alternate Payee shall proceed �
prospectively and the Plan shall not be liable to an Alternate Payee for
benefits attributable to the period prior to qualification.
I (c) Payment of benefits pursuant to a Domestic Relations Order shall be made only as I
permitted under the Plan. Payment to an Alternate Payee may not commence until '
the Participant submits a valid Retirement Benefit Payment Request form and the I
i Participant's benefit becomes payable. I
(d) If a Domestic Relations Order does not address and determine the payment of the ;
Su lemental Benefit a able under Section 4.7 in connection with the a ment �
PP PY PY
� of a Retirement Benefit, the Supplemental Benefit shall be divided between the ��,
Participant and the Alternate Payee in the same proportion as the Retirement '
Benefit is so divided. In addition, the Board cannot honor a Domestic Relations I
Order requiring that Supplemental Survivor Benefits be paid to anyone other than �i�
� the persons listed in Section 4.8 in the order there listed.
(e) To the extent permitted by law and except as otherwise provided under a ���
' Domestic Relations Order, the Board may, on a uniform basis, charge the I
reasonable and necessary expenses associated with the review of a Domestic
Relations Order and the implementation of a Domestic Relations Order to the ',
accounts of the Participant and Alternate Payee. I
ARTICLE VII
UNIFORMED SERVICE (MILITARY SERVICE) '
. Subject to restrictions stated in this section, a Participant who is absent from firefighting �
service due to service in the uniformed services, as defined in the Uniformed Services
Employment and Reemployment Rights Act ("USERRA"), will be granted Active Service credit
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under the Plan for the period of the uniformed service, not to exceed five years, unless a longer
period is required under USERRA.
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To be eligible for such credit, the Participant must return to firefighting service with coverage by
the Relief Association (or by the successor to the Relief Association) upon discharge from
service in the uniformed service within the time frame required in USERRA. However, Active �
Service credit is not authorized if the Participant separates from uniformed service with a
dishonorable or bad conduct discharge or under other than honorable conditions.
Active Service credit is not authorized if the Participant fails to provide notice to the Fire
Department that the Participant 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.
If the Participant does not return to Active Service with the Fire Department within the time
frame required in USERRA, then except as otherwise provided in the following sentence, it shall
be conclusively presumed that the Participant's Active Service terminated as of the date that the
leave for uniformed services began. A Participant who dies or becomes Disabled while the
Participant is on leave for uniformed services shall be deemed to have returned to Active Service
and shall be deemed to have accrued years of Active Service during the period of leave for
uniformed services.
ARTICLE VIII
RIGHT TO AMEND. DISCONTINUE OR TERMINATE
8.1 Amendment. Except as herein otherwise limited, the Relief Association shall have the
right to amend this Plan, pursuant to Section 12.3 of the Bylaws, at any time to any extent that it �
may deem advisable. Such amendment will be stated in an instrument in writing executed by the
Relief Association. Upon adoption and execution of such instrument, this Plan shall be deemed
to have been amended in the manner therein set forth, and Participants shall be bound thereby.
No amendment which would affect the amount of, the manner of payment of, or the conditions
for c�ualification for service pensions or ancillary benefits or disbursements other than
administrative expenses authorized pursuant to Minn Stat. 69.80 payable from the Special Fund i
shall be effective until it has been ratified by the governing body or bodies of the Municipality.
If the Municipality is not reqLiired to provide financial support to the Special Fund, the Relief
Association may adopt an amendment of the Plan which increases or otherwise affects the
service pensions or ancillary benefits payable from the Special Fund without municipal
ratification so long as the changes do not cause the amount of the resulting increase in the
accrued liability of the Special Fund to exceed 90 percent of the amount of the prior surplus over ,
full funding and the changes do not result in the financial requirements of the Special Fund �
exceeding the expected amount of the future fire state aid to be received by the Relief
Association.
The financial requirements are to be determined by the Board of Trustees following the �
preparation of an estimate of the expected increase in the accrued liability and annual accruing
liability of the Relief Association attributable to the change. If the Relief Association adopts or
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amends the Plan without municipal ratification, and, subsequent to the amendment or adoption,
the financial requirements of the Special Fund are such so as to require financial support from
the Municipality, the provision which was implemented without municipal ratification shall no
longer be effective without municipal ratification, and any service pensions or ancillary benefits
payable with respect to the unapproved increase shall no longer be effective as of the January 1
of the year for which the Schedules I and II for the municipal contribution became due, and as of
that January 1, service pensions or ancillary benefits shall be paid only in accordance with i
provisions of the Plan as amended or adopted with municipal ratification.
8.2 Consolidation and Plan Benefits The ReliefAssociation has not been consolidated with
� another relief association pursuant to Minn. Stat. 424B.02.
8.3 Termination of Plan. Upon dissolution of the Relief Association, after the settlement of i
nonbenefit legal obligations of the Special Fund, the Board shall transfer the remaining assets of
the Special Fund, as securities or in cash, as applicable, to the chief financial official of the
Municipality. The Board shall also compile a schedule of Participants to whom a service
pension is or will be owed, any Beneficiary to whom a benefit is owed, the amount of the service ,
pension or benefit payable based on the Bylaws and state law and the service rendered to the date '
i of the dissolution, and the date on which the pension or benefit would first be payable under the
Bylaws and state law. �
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The Municipality receiving the remaining assets of the Special Fund shall establish a separate �
account in the municipal treasury to function as a trust fund for Participants and their
Beneficiaries eligible for Plan benefits. Upon submission of the proper form, on or after the
� initial date on which the service pension or benefit is payable, the municipal treasurer shall pay
the pension or benefit due, based on the schedule described above and the other records of the
dissolved Relief Association. The trust fund must be invested and managed consistent with
Minn. Stat. Section 69.775 and Chapter 356A. Upon payment of the last service pension or '
benefit due and owing, any remaining assets in the trust fund may be transferred to the general
fund of the municipality. If the Special Fund had an unfiinded actuarial accrued liability upon
dissolution, the Municipality is liable for that unfunded actuarial accrued liability. ��
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� ARTICLE IX
MISCELLANEOUS I
9.1 Governin� Law. This Plan shall be construed, administered, and governed in all respects
under the laws of the State of Minnesota, except as preempted by federal law.
If any Minnesota laws are applicable solely to the Relief Association, then an Appendix F will be
included to describe such laws. �,
9.2 Binding Effect. This Plan shall be binding upon and inure to the benefit of the heirs, ,
personal representatives, successors and assigns of any and all of the parties hereto. '�,
9.3 Effective Date A�plication. If a member's Separation Date is prior to the Effective Date,
the member's status and benefit under the Plan, if any, attributable to Active Service, shall be �
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determined and paid in accordance with the provisions of the Plan in effect at the Separation
Date. �
If a member had a Separation Date prior to the Effective Date, but returns to complete a Year of I
Active Service that ends after the Effective Date, the member's status and benefits under the Plan
for all Active Service shall be determined in accordance with the provisions of the Plan in effect
at the subsequent Separation Date. ,
9.4 Authorityof Board of Trustees. The Board of Trustees shall have full power, authority
and discretion to do each and every act and thing which it is specifically required or permitted to �
do under the provisions of the Plan and to determine conclusively for all parties all questions I
arising in the interpretation or administration of the Plan.
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APPENDIX C
I SHAKOPEE FIRE DEPARTMENT RELIEF ASSOCIATION I
� Benefit Levels I
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Benefit Level Benefit Level per Interest Rate for Date Benefit 'i
Effective Date Year of Active Deferred Pension Approved by '
Service Benefit Munici ali ��
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� August 31 , 2005 $7,500 5% May 1, 2001 �,
NA means not applicable. '
� NR means not required. i
TBD means to be determined ,
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Shakopee Fire Department Relief Association �
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Meeting Minutes I
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Call ta Order — President HIein called the 21 September 2009 Special meeting of the I
Shakopee fire department Relief association to order @2020. I
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Rotl Call — 32 active members present,l3 members absent, 1 member on Military leave,
and no deferred members or municipal trustee's present, I
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Reading of the Minutes — A motion was made to dispense with the reading of minutes,
i motion passed unanimously. �
Report of the officers — A motion was made to dispense with the of�cers report, motion �
passed unanimously I
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�� Special Committees — None I
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Unfinished business — Bylaws, the final items were presented to the membership and for �
I their approval, they are,
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1. Article 12.3 reads, I
"The b laws of the Association ma be amended b the board at an re ular or
i Y Y Y Y g
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i special meeting of the board by a vote of the majority present and voting, provided I
that a quorum is present; and provided further that a notice of date, time, place,
purpose of the meeting and proposed amendment be posted on the bulletin board of
the Association, or if no bulletin board, on the door of its usual meeting room, and I �!
' in accordance with Minn. Stat. 317A.231, each Trustee has been provided at least I,
thirty (30), but not more than sixty (60) days, before the meeting, (excluding the j
I' date of the meeting) with notice setting forth the date, time, glace, purpose of the �
i meeting and proposed amendment."
Motion was made by Firefighter Bob Riesgraf to accept as stated, with a 2 by I I
i Firefighter Rob Indrebo, motion passed unanimously. j
, 2. Appendix B article 4.3 Disability Benefit Reads; �
"A participant who becomes disabled while engaged in active service may be eligible �
� for a disability benefit in lieu of a retirement benefit." �
Motion was made by Firefighter Bob Riesgraf to change Appendix B article 4.3 state I
On and Off Duty disability Benefits, with a 2 by Firefighter Matt Schlenk, motion I
passed unanimously j
, 3. Appendix B article 4.4 section b, second paragraph reads; �'
I "The survivor Benefit paid on behalf of a participant in active service who dies '
before having eompleted five years of active service shall be determined as if the
participant had completed five years of active service."
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� Motion was made by Firefighter Bon Riesgraf to change to pay the death Benefit of I
� 100°10 of what Active years of service have been accrued, with a 2"� by Firefighter Matt
I Schlenk, Motion passed with a majority.
Secretary Davis stated he would like to have a motion to approve the bylaws with revisions
' from tonight's meeting and to continue with the new b laws endin boar r'
Y , p g d eview and
approval of the newest version with the legislative updates due out next month. Motion
was made by Acting District 2 Chief Glynn with a 2"� by Firefighter Matt Schlenle
i Elections — announcement was made for a vacated Trustee seat for a special election for '
Next Month. �
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� New Business —A reminder to the membership to repay monies given for person going to
� Chiefs, or state fire conference, a recent internal audit found that in previous years not all
� people attending paid the general fund bacic. � '
� Adjournment — Motion was made to adjourn the 21 September 2009 special General �
i membership meeting at 2055 by Adam Ries with a 2" by FF Giddings motion passed �
unanimously. I
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Respectfully submitted Scott Davis Secretary SFDRA.
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APPENDIX D
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� APPENDIX F
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� SHAKOPEE FIRE DEPARTMENT RELIEF ASSOCIATION �
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Special Laws �
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� Shakopee �
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� Laws 1976, Ch. 267 Service Pension �
i Laws 1979, Ch. 201 Sec. 44 Repealer of prior special laws !
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I SOURCE: Minnesota Legislative Commission on Pensions and Retirement, "Laws Goveming VolLmteer Firefighter Relief �
I Associations (Updated through the 2004 Session)" http://www.commissions.leestate.mn.us
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NA means not applicable. I
NR means not required.
TBD means to be determined �
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