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` AGREEMENT <br /> CONCERNING PENSION AND EMPLOYMENT STATUS OF <br /> - - - - - - - RICHARD KRISTYNIAK - - - - - - - - - - - - <br /> THIS AGREEMENT, made and entered into this day of <br /> 19 q-0 , by and among RICHARD KRISTYNIAK <br /> (."Kristyniak") , INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL <br /> NO. 49 ; MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES <br /> UNION, LOCAL NO. 320 and the CITY OF ST. ANTHONY ("City") ; <br /> WITNESSETH THAT: <br /> WHEREAS, Kristyniak was a .full time firefighter .employed <br /> by the fire department of the City until July 9 ,1973; and <br /> WHEREAS , at that time he became and has remained a full <br /> time employee of the public works department of the City; and <br /> WHEREAS, as part of his duties as at employee of the <br /> public works department he has the secondary responsibility of <br /> - providing service as a firefighter; and <br /> WHEREAS , Minnesota has adopted a special law (Laws 1980 , <br /> Chapter 341, Section 7) to enable Kristyniak to be a member of <br /> the Public Employees Police and Fire Fund; and <br /> WHEREAS , that law does not become effective unless the <br /> • City Council of the City approves it and declares. the position <br /> which Kristyniak holds to be that of a firefighter for pension <br /> purposes; <br /> NOW, THEREFORE, it is hereby agreed by and among the <br /> parties as follows : <br /> 1. Kristyniak is a public works employee and shall per- <br /> form services as such. In addition, as part of his duties as <br /> a public works employee, he shall have the secondary responsibility <br /> of providing service as a firefighter. <br /> 2. Although Kristyniak is a public works employee, he shall <br /> be deemed a firefighter for pension purposes and shall be a <br /> member of the Public Employees Police and Fire Fund. <br /> 3 . To the extent that the collective bargaining agree- <br /> ment covering his employment as .a public works employee provides <br /> for other retirement, disability or survivor benefits , such <br /> collective bargaining agreement shall have no force and effect. <br /> In all other respects, however; the collective bargaining <br /> agreement -and .the other terms and conditions of employment <br /> applicable to public works employees shall be applicable to <br /> Kristyniak. <br />