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Home My WebLink AboutRES 80-088 RESOLUTION APPROVING MINNESOTA LAWS 1980, CH. 431, SEC. 7 AND DECLARING RICHARD KRISTYNIAK TO BE A FIREFIGHTER FOR PENSION PURPOSES Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII ionu Box: 23 Folder: RES 1980 Document: RES 80-088 RESOLUTION APPROVING MINNESOTA LAWS 1980, CH. 431, SEC. 7 AND DECLARING RICHARD KRISTYNIAK TO BE A FIREFIGHTER FOR PENSION PURPOSES r cr RESOLUTION 80-088 A RESOLUTION APPROVING MINNESOTA LAWS 1980 , CH . 341, SEC. 7 AND DECLARING RICHARD KRISTYNIAK TO BE A FIREFIGHTER FOR PENSION PURPOSES Whereas , Minnesota Laws 1980 , Chapter 341 , 'entitled "An act relating to retirement; increasing employee contributions to local police and . firefighters relief associations; providing for a study of police and firefighter relief associations ; providing an exception from an increase in the minimum member contribution rate for the Austin police and firefighters ' relief associations; amending Minnesota Statutes 1978, Section 69 . 77 , Subdivision 2 ; Laws 1973 , Chapter 432 , Sections 2 , by adding a subdivision; 3 , Subdivision 1 ; and 6 , Sub- division l, " contains a Section 7 , entitled ".Public Employees Police and Fire Fund; Membership for Certain Employees of the City of St. Anthony, " which requires approval by the City Council of the City of St. Anthony before it becomes effective; and Whereas , Richard Kristyniak was a full time firefighter employed by the fire department of the City of St. Anthony until July 9 , 1973 ; and Whereas , at that time he became and has remained a full time, employee of the public works department of the City of St. Anthony; and jWhereas , as part of his duties as an employee of the public works department he has the secondary responsibility of providing service as a firefighter; Now, Therefore, Be It Resolved, that Minnesota Laws 1980 , Chapter 341 , Section 7 , is hereby approved. Further, Be It Resolved, that the position which Richard Kristyniak holds is hereby declared to be that of a firefighter for pension purposes .. Further, Be It Resolved, that the Mayor and City Manager are authorized to execute .the agreement concerning pension and employment status of Richard Kristyniak and that this resolution shall be contingent upon such execution by all parties. Further, Be It Resolved, that the City Clerk is authorized to transmit a special certificate of approval of said law to the Secretary of State, subject to aforementioned conditions , by December 31 , 1980 . Adopted this day of Lac c e )-�,i4J e-'i- 1980 . Mayor _ ATTEST: City'Clerk ,Reviewed for administration: Cit nager ` AGREEMENT CONCERNING PENSION AND EMPLOYMENT STATUS OF - - - - - - - RICHARD KRISTYNIAK - - - - - - - - - - - - THIS AGREEMENT, made and entered into this day of 19 q-0 , by and among RICHARD KRISTYNIAK (."Kristyniak") , INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49 ; MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320 and the CITY OF ST. ANTHONY ("City") ; WITNESSETH THAT: WHEREAS, Kristyniak was a .full time firefighter .employed by the fire department of the City until July 9 ,1973; and WHEREAS , at that time he became and has remained a full time employee of the public works department of the City; and WHEREAS, as part of his duties as at employee of the public works department he has the secondary responsibility of - providing service as a firefighter; and WHEREAS , Minnesota has adopted a special law (Laws 1980 , Chapter 341, Section 7) to enable Kristyniak to be a member of the Public Employees Police and Fire Fund; and WHEREAS , that law does not become effective unless the • City Council of the City approves it and declares. the position which Kristyniak holds to be that of a firefighter for pension purposes; NOW, THEREFORE, it is hereby agreed by and among the parties as follows : 1. Kristyniak is a public works employee and shall per- form services as such. In addition, as part of his duties as a public works employee, he shall have the secondary responsibility of providing service as a firefighter. 2. Although Kristyniak is a public works employee, he shall be deemed a firefighter for pension purposes and shall be a member of the Public Employees Police and Fire Fund. 3 . To the extent that the collective bargaining agree- ment covering his employment as .a public works employee provides for other retirement, disability or survivor benefits , such collective bargaining agreement shall have no force and effect. In all other respects, however; the collective bargaining agreement -and .the other terms and conditions of employment applicable to public works employees shall be applicable to Kristyniak. -2- 4 . ThisAgreement applies only to Kristyniak and not to_ any other employees of the City. It shall not be used as precedent in any other claim or proceeding. 5. Kristyniak shall pay the entire amount (that is , both the employee' s portion and the City ' s portion) of any make-up payments, interest or other charges that maybe owed to the Public Employees Police and Fire Fund .with respect to Kristyniak ' s service with the City from July 9 , 1973 , through December 28 , 1980 . IN WITNESS WHEREOF, the individual party has hereunto _ set his hand and each of the other parties hereto has caused these presents to be executed by its proper officer thereunto duly authorized, all as of the day and year first above written. RICHARD KRISTYNIAK 017 INTERNATIONAL UNION OF OPERATING ENGINEERS,. LOCAL N0. B Y is Recording-Corresponding Secretary MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION LOCAL NO. 320 By Its CITY OF ST. ANTHONY By Its Mayor By It ity Manager •