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HomeMy WebLinkAboutRES 82-055 RESOLUTION RATIFYING THE BY-LAWS OF THE ST. ANTHONY FIREFIGHTERS RELIEF ASSOCIATION Meeting Sheet IIIIII III I I IIII VIII VIII VIII IIII IIII 102565 Box: 23 Folder: RES 1982 Document: RES 82-055 RESOLUTION RATIFYING THE BY-LAWS OF THE 5T. ANTHONY FIREFIGHTERS RELIEF ASSOCIATION I RESOLUTION 82-055 A RESOLUTION RATIFYING THE BY-LAWS OF THE ST. ANTHONY FIREFIGHTERS RELIEF ASSOCIATION WHEREAS, the St. Anthony . Firefighters Association membership has previously adopted the By-Laws of the St. Anthony Firefighters Relief. Association; and WHEREAS, said By-Laws contain all financial provisions required and stipulated by the St. Anthony . City Council; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby gives approval- and .thus ratifies the By-Laws of the St. Anthony Firefighters Relief Association. Adopted thisa3i-d day of �ouern�P.r 19821. • ayor ATTEST: City Clerk Reviewed for administration:, m, cw' City Manager BYLAWS OF THE ST. ANTHONY i ',j FIREFIGHTERS RELIEF ASSOCIATION • Adopted by the St. Anthony City Council on November 23 , 1982 . �r BYLAWS OF THE ST. ANTHONY FIREFIGHTERS RELIEF ASSOCIATION- • ARTICLE I -- MEMBERSHIP Section 1. Any regular active member of the St. Anthony Fire Department in good standing, shall be eligible to apply for membership in this association. Section 2-. Written application, accompanied by .an application fee of $5 . 00 , may be made at any regular or special meeting of the board of trustees , and then laid over for one month- for consideration. During this time, the board of . tr-ustees shall conduct an investigation to determine if the applicant, due to some medically determinably physical impairment or condition, would .constitute for the association a predict- able and unwarranted risk ofliability for benefits at an age earlier than the minimum age specified for receipt of a service pension. If no such impairment or condition exists , the board of trustees shall appoint the applicant to membership in the association. If the appli- cation is not approved, the application fee shall be returned to the applicant. Section 3 .- Resignation or expulsion from the St. Anthony Fire Department or moving from the prescribed living boundries of the St. Anthony Fire Department to take up residence elsewhere, shall ter- minate the membership of the member so resigning, expelled or removing; provided, however, that any member who has served for at least the minimum number of' years required by Article VIII of these Bylaws for vesting of pension rights as an active member of the St. Anthony Fire Department shall retain membership in this association, regardless of resignation, expulsion or removal, subject to payment of dues and assessments and .to such other regulations which may be from time to time imposed. Section 4 . Each member shall pay to the association annual dues of $12. 00 , payable on or before the date of the annual .meeting of each year. -2- Section 5. Each member shall pay to the association for deposit in its Special Fund such assessments as may be levied from time to time. • Section 6: Any member failing to pay the dues or assessment within 10 days -after the .due date shall be mailed a notice of the delinquency by the Secretary. If the dues or assessments _are .riot paid within - 30 days after this notice is mailed, the .member automatically stands suspended from membership and automatically forfeits all rights to benefits from the association. . Section 7. Any member who shall, in the opinion of a majority of the board of trustees , fraudulently claim benefits from, or defraud or attempt to defraud the association in any way, shall be suspended from membership by the board, and shall forfeit all further rights to benefits from the association. Section 8. Any suspended -member can only be reinstated upon his application therefor in writing, presented at a reg.ular or special • meeting of the association held within 2 years of the date of suspension, accompanied by a sum of money equal to what he would have been required to pay to the association during the period of suspension had he not been suspended, plus interest on any unpaid assessments at the rate of 5% per annum, compounded annually , plus a reinstatement fee of $5. 00 , upon the favorable vote of 2/3 of the members present and voting at such meeting.;:. If the application for reinstatement is rejected , the money accompanying the same shall be returned to -the applicant. ARTICLE II -- BOARD OF TRUSTEES Section 1 . The board of trustees shall be composed of the follow- ing: a President, a Vice President, a Secretary, a Treasurer and 2 general. trustees , each of whom shall be elected for a term as specified in this Article, or until his successor has been elected and qualified, at the annual meeting of the association from its -members , and the statuory ex officio trustees ; the Chief of the St. Anthony Fire Depart- ment, and the Mayor- and the Clerk of the City of St. Anthony. • Section 2 . At the first election following the adoption of these Bylaws , the 2 general trustees shall be elected for terms of one year; -3- the President and the Treasurer .shall be elected for terms of two years ; and the Vice President and the Secretary shall be elected for terms of three years. Thereafter, as their respective terms of office expire, two officers or general trustees shall be elected for three year terms at each- annual meeting. If a vacancy. (other than- a vacancy caused by removal for cause of an officer or-trustee) occurs during the term of office of any officer.. or general trustee , the remaining .members of the board of trustees shall elect a member of the association to serve for the unexpired term of the vacated position. Section 3. A general. .trustee or officer may. be removed for cause. Cause for :.removal- shall include, but shall not be limited to, the breach .of the duties;:;as set forth in Articles II and III of these Bylaws . One or- more of the trustees or officers may be removed at a meeting of the membership which is called for'-.that purpose by a 2/3 vote of those present and voting at such meeting. Notice of the meeting at which removal is to be considered shall be given to each member and shall be furnished with a statement of the particular charges at least 5 days before the meeting is to be held. At the meeting, ` the general trustee or officer shall be given an opportunity to be fully heard as to each charge. If a general trustee or officer is removed, his replacement shall be elected -at the same meeting, and such replacement shall serve out the unexpired term of the removed general trustee of officer. Section 4. It shall be the duty of .the board of trustees to prepare modes and plans for the safe and .profitable investment of the unappropriated 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 necessary papers . The board shall order an audit of the books and accounts of the secretary and the treasurer annually., according to law, and .shall submit a written report of the condition .of the. association to the members at the annual meeting. Section 5. The investment of the funds of the association shall be in the exclusive control of the board of trustees , in conformance • with state statutes . _ -4- Section 4-Section 6 . The members of the board shall act as trustees with a fiduciary obligation to the members of the association, to the City of St. Anthony and. to the State of Minnesota. ARTICLE III -- DUTIES OF OFFICERS Section' l. It shall be the' duty of the President to attend and to preside at all meetings of the association and of the boafd of trustees . He shall enforce the due observance of the Articles of Incorporation and the Bylaws and see that the officers properly, perform the duties assigned to them. He shall sign all checks issued by the Treasurer and all other papers which require. , his signature. He shall be a .member of all committees except the aid committee and he shall exercise careful supervision over the affairs of the association. Section 2 . It shall be the duty of the Vice President to perform the duties of the President .in his absence. In the abaences of both the President and the Vice President, . it shall be the duty of the association to elect a President Pro Tem, who shall perform the duties incident to the office. . Section 3. It shall be. the duty of the Secretary to keep a true and accurate record of the proceeding of all meetings .of the association and of the board of trustees . He shall keep a correct record of all amendments , alterations and additions to the Articles of Incorporation or the Bylaws in a separate book from the minute books of the associa- tion. He shall cause the required .notice of all meetings* of the associa- tion and of the board of trustees to be given. He shall keep a roll of membership, with the date of joining, resignation, discharge , leaves of absence,, dues and assessments paid and relief- or pensions furnished. He shall .sign all orders for payment issued to the Treasurer, and jointly with the Treasurer, prepare and fill all reports and state- ments required .by law. Section 4. It shall be the duty of the Treasurer to receive all funds belonging- to the association and hold them subject to the order of the President and countersigned by the Secretary . He shall keep separate and distinct accounts of the Special and .Genera1 Funds , and -5- shall prepare and present to the board of trustees a full and detailed statement of the assets and liabilities of each fund at each meeting of the board of trustees , and .prior to the annual meeting of the associa- tion. All records shall at all times be open to inspection by the board of trustees . The records of the Special Fund shall be public and shall be open for inspection by any .member of the association, any officer or employee of the State of Minnesota or the City of St. Anthony or any member of the public, at reasonable times and places. The records of . the General Fund shall be open for inspection by any member of the association at reasonable times and places . Failing in his obligation, ._he. may be impeached and expelled from the -association. He shal"l- deliver to -his successor in office, or to- any committee appointed by the board of trustees to receive the same , all moneys , books, papers and other items pertaining to his office immediately upon the expiration of his term of office.. Prior to entering upon the duties of his office, he shall givea bondin such amount .and. with such sureties as may be required and approved by the- board of trustees , conditioned upon the faithful discharge, of his trust and the faithful performance of the duties of his -office , to be paid for from the Special and General Funds • on the basis of the benefits derived by each fund. Jointly with the Secretary, he shall prepare and file all reports and statements required by law. Section 5. There shall be an Aid Committee , composed of the Vice President and two other members of the association, who may or may not be members of the board of trustees , appointed by the President, the Vice President shall .be the chairman .of his committee. The duty of the committee shall be to make provisions for assistance to be rendered to each sick or disabled member, and to the survivors of any deceased member. ARTICLE IV -- MEETINGS Section l.. The annual meetingof the association., for the election of- officers and trustees ,- and other business, shall be held on the second • Wednesday of December in each year. If such day falls on a holiday, the annual .meeting shall be held on the next . following day . - -6- Section 2 . The board of trustees shall meet at least 4 times during each year. • Section 3 . Special :rmeeti_ngs_.=of`the association or- -ofnthe_-board of trustees. may be called by the President, - or 2 members of the board of trustees , and shall also-. be called upon written request of 6 or more members of the- association. Members- or. trustees shall be notified by the Secretary of such . special meetings , and the object of the meeting shall be containedin such notice. Section 4.. A majority of the board. of trustees then in office , and -40% of: the members of -the association shall constitute quorums for the transaction of business at their respective meetings . Less than .a quorum may adjourn. a meeting to a future. time , which the- Secretary shall make known to the affected members . Section 5. All reports and resolutions shall be submitted in writing and no. report shall be accepted unless itis the report of a majority of a _committee, provided, however, that a minority shall be permitted to present its views in writing. Section .6 . All meetings shall. be conducted according to Robert 's Rules of Order, as revised. Section 7. The Order of Business shall be : 1. Call. to order 2. Roll call. 3. Reading of. minutes. of previous meeting 4. Reading of reports and minutes of: board of trustees ' meetings 5. Reports of officers 6 . Propositions for membership 7. Reports of special committees 8. Unfinished business 9. Election -of officers or- trustees (annual meeting) 10 . New business • 11. Adjournment -7- ARTICLE =V -- FUNDS' • Section 1. The funds received by this association from dues , fines , application fees , reinstatement fees and entertainments, and any moneys or property donated, given, granted or -devised to the association by any person. for unspecified .uses shall be kept in. the General Fund of the association on the books of the Treasurer, and may be disbursed for any purpose reasonably related to the welfare of the association or its members , as authorized by a majority of the members present and voting at any annual or special meeting of the members . Section 2 . The funds received by this, association from fire state aid, from the City of St. Anthony (whether from tax levies or other revenues) and from assessments of members and .any moneys or property donated, given, granted or devised by any person which. is specified for use for the support of the Special Fund of the association and any interest earned upon the assets .of the Special Fund shall be kept in the Special Fund of the association on the books of the Treasurer and shall not be disbursed. for any purpose except a purpose specifically authorized by law and consistent with the provisions of the Articles of Incorporation- and -Bylaws -of this association. Section 3. No disbursement of funds of this association shall be made except by checks drawn'.by the Treasurer and countersigned by the President. Except when issued for those fixed payments , the exact amount of which has previously been determined--and authorized by the board of trustees ;(or the members , incase of disbursements from the General Fund) no .check shall be issued until the claim to which it relates has been approved by the board of trustees . Section 4. All money -belonging to this association shall be deposited to- the credit of this association in such banks , trust com- panies , savings and - loan associations or- other depositories as the board of trustees may designate. Section 5. Each calendar year, starting with 1982'_, the City of • St. Anthony will contribute to the association for deposit in its Special Fund any applicable fire state aid, as required by law. -8- Section 6 . During calendar years 1983 through 1986 (inclusive) , the City of St. Anthony will make additional contributions to the • association for deposit in its Special Fund; but, the aggregate amount of such additional contributions will not exceed $22 ,000 . Based on financial projections , it is anticipated that such annual additional contributions will be as follows : Year Amount 1983 $9 ,050 1984 $6 ,725 1985 $4 , 375 1986 $1, 850 The actual annual additional contributions will be based. on the fin- ancial requirements .of the Special Fund and the minimum. obligations of the City of St. Anthony with respect to the Special Fund, as certified by the officers of the association. In no event, however; will the aggregate additional contributions of the City of St. Anthony exceed $22 ,000 . After calendar year 1986 , the City of St. Anthony will not make any contributions to the association , except for the required fire state aid. Section 7. The only contributions that will be made by the City of St. Anthony to the association are those specifically set forth in the Sections 5 and .6 above, and no other contributions will be made by it. If at any time the financial requirements of the Special Fund are such that additional contributions. would. be required by law to fund benefits , then the association will either: (a) amend these Bylaws to reduce the amount of benefits payable , so that no additional financial support from the City of St. Anthony is required, or (b) levy assessments upon the members of the associa- tion, so that no additional financial support from the City of St. Anthony is required. If action must be taken to avoid any additional financial obligation for the City of St. Anthony, and .if these Bylaws have not been amended- -to reduce benefits before the annual statutory deadline for determining the financial requirements of the Special Fund, then the association automatically will levy: an assessment upon its members , so that no additional funds are required from the City of St. Anthony, and the -9- board of trustees will fix the amount of the assessment and determine the methods- of collection. Secti6n_..8. . Article- 5., Sections 5 , 6 , and 7 mayonly be amended by written agrement between the City and the -Association. I ARTICLE VI -- APPLICATION FOR BENEFITS Section 1. All applications for relief or pension benefits shall be made in writing on forms furnished by the Secretary . Section 2. All applications for disability benefits shall be submitted to the board of trustees at a regular or special meeting of the board. The application shall be accompanied .by a certificate from the attending physician or surgeon setting forth the nature ofthe illness or injury, the cause .and duration thereof , the length of time the applicant has been unable to perform any of the duties connected with his regular_ occupation and .those of a firefighter, and an estimate of the time at which the applicant will be able to return to his regular occupation and to perform the duties of a firefighter. Section 3. All applications for pensions shall be submitted to the board of trustees at a regular or special- meeting of the board. Applications shall be .verified by an oath of the applicant and shall state the age of the .applicant, the period (or periods) of service in and the date of retirement from active duty in the St. Anthony Fire Department, the length of time he has been a .member of the association, and such. other information as the board of trustees may require. Section 4. No benefits or pensions shall be paid until the application therefor has .been--.approved by a majority vote of the board of trustees . Decisions of the .board shall be final as to the payment of such benefits or pensions . No - other benefits shall be paid to or on behalf of any member who has received a service pension. Section 5 . For purposes of computing benefits or pensions payable C under Articles VII and VIII , a "year of service" shall be defined as a period of 12 full months of active duty in the St. Anthony Fire Department, _10- beginning on the date when the member became an active firefighter in • said Fire Department. If a member' s period of active service has not been continuous , parts of years may be added together to compute full years. ARTICLE VII SICK.-AND DISABILITY BENEFITS Section 1. If a- member of this association shall become totally and permanently disabled, to the extent that a ph ys:lcian or surgeon acceptable to the board .of trustees shall. certify that such disability will permanently prevent said member from performing his duties in the St. Anthony Fire Department and if such disability arose out of and in the course of his duties as a. firefighter -with the Fire Department, the association shall pay to such member the sum of $600 .00 for each year that he served as an active member of the .St. Anthony Fire Depart- ment. If a member who-. has received .s.uch. a disability pension should subsequently recover and return to active duty in the St_ Anthony Fire Department, any, amount paid -to him as a .disability pension shall be deducted from his- service pension.. - ARTICLE VIII, -r - DEATH: BENEFITS ;AND PENSIONS Section 1. Upon the death .of` any member of the association who is in good standing. at the time of his death, the association shall pay to the_s:urviving .spouse , if any , and if there is no surviving spouse, to surviving child or children, if any , the sum of $600 .00 for:c.-each year that h.e . served as an act ive .member of the St. Anthony Fire Depart- ment. The term "survivingspouse" means a person who was .the dependent spouse of a .deceased member living with the member at .the time of the member's, death and for at least. one year prior to the- following date : (aZ fora member on the regular pension roll, the date on which the member terminated active service , or Cb) for a member on the deferred pension roll or the early vested pension roll, the �date of the member 's death. Section 2. The association shall pay to each member who satisfies all three of .the following requirements prior to his retirmenet from active. duty in the St. Anthony Fire Department the sum of $600 . 00 for each year of service as an .active .member of the Fire Department: -11- Ca) he has reached the age of 50 years or over , • (b.) he has completed 20 or more years of service as an active member of the Fire Department., and (c) he has been a member of the association in good standing .for 10 or more years . In no event, however, shall .the amount payable for each year of service exceed the maximum amount allowed by law based on- the average amount of available financing per active covered firefighter. Section 3. A member of the association who separates from active service with the St. Anthony Fire Department before reaching the age of 50 years shallbe placed on the deferred pension roll if he satisfies both of the following requirements at the time of such separation : (a) he has completed 20 or more years of service as an active member of the Fire Department, and (b) he has been a member of the association in good standing for 10 or more years . When he- reaches the age of 50 years , upon proper application, he shall be paid the sum of $600 . 00 for each year of service as an active member of the Fire Department. In no event, however, shall the amount payable for each year of service exceed the maximum amount allowed by law based on the average amount of available-financing per active covered fire- fighter. During the time a member. is on the deferred pension roll, he shall continue to pay his dues and assessments ; but, he will not be eligible to receive any of the benefits provided for in Article VII and will not receive any additional years of service credit for computing his pension. ;Pensions payable to members on the deferred- pension roll shall be based on the amount payable per year of service in effect at the time of such separation. Section 4 . No less than 30 days before the commencement of payment of the pension, a member of this association may make an irrevocable election that- such pension shall be paid to him in a number of annual installments . If the member who has made such an election dies before all of his pension has been paid to him, any amount thereof remaining unpaid at the time of his death shall be paid to his beneficiary , and if _ -12- no beneficiary has been named, to his surviving spouse, child or _children. . The amount of the installment payments shall be determined • so that the present value of the aggregate installment payments compute at an interest rate of 5% , compounded annually , is equal to the amount of the single lump sum payment which would have been made had the install- inent- .payment option not been elected. The association shall add interest, compounded annually, at the rate actually earned .on the assets 'of the Special .Fund, but .not to exceed 5% per year, to the unpaid amount of installments owed to. any member who has made .an installment election, or to his survivors . Section 5 .. If a member shall have served. for. more - than 10 years , but less than 20 years , as an . active firefighter in the St.. Anthony Fire Department, and has. been a member in good standing of the association for at least 10 years , - he may retire from said Fire Department and be placed on the early vested .pension roll.:. When he reaches. the age of 50 years Cor, if later, when he retires :from-;:.the''Fire Department) ..he shall upon application therefor, be paid in the following manner: (a), for active duty of more .than 10 years , but less • than 11 years , 60% of the amount- per year of service which would have been earned, had the member served for 20 years or more; (b) for active duty of more than .11 years , but less than 20 years , 4% of the amount per year of -service which would have been earned, had the member served for 20 years- or more , shall be added to. all years of service for each additional year of service .between 11 and 20 years ; during the time that anymember is on the early vested pension. roll;. he shall continue to pay his dues and assessments ; but he will not be eligible to receive any of the benefits provided for in Article VII and .will not receive any additional years of service credit in computing his pension. Pensions .payable . to members on the early vested pension roll shall be based on the amount payable per year of- service. in effect at the time of such early retirement. A -13- .ARTICLE. IX -- AMENDMENTS • Section 1. The Bylaws of thisassociation may .be amended at any regular or special meeting of ' the association by a favorable vote of 2/3 of the members present and voting, provided that a quorum is present; and provided further that noticeof any proposed amendment or amendments shall be given by reading the same at a regular or special meeting not more than -31 days next preceding- the date upon which such amendment or amendments are to be acted upon, and. that a ,notice be mailed to each member at his last known address. ,not -less than 10 days prior to- such meeting; and provided further,. that if such amendment or amendments would affect Ci) the amount of, the -manner of payment -of, or the con- ditions .for qualification for .benefits or pensions ; (ii)_ the financial obligations of the City of St. Anthony or (iii) the-rules for amending these Bylaws , then the approval of the City Council of St. Anthony must be obtained before such change may take effect. •