Bill Text: MN HF3328 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Centennial Volunteer Firefighters Relief Association; Lino Lakes Fire Department firefighters continuing coverage provided in the event of a joint powers fire department withdrawal.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-04-01 - Introduction and first reading, referred to Government Operations [HF3328 Detail]
Download: Minnesota-2013-HF3328-Introduced.html
1.2relating to retirement; Centennial Volunteer Firefighters Relief Association;
1.3providing for continuing coverage for certain Lino Lakes Fire Department
1.4firefighters in the event of a joint powers fire department withdrawal.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. CENTENNIAL VOLUNTEER FIREFIGHTERS RELIEF
1.7ASSOCIATION COVERAGE OF LINO LAKES FIRE DEPARTMENT
1.8FIREFIGHTERS.
1.9 Subdivision 1. Applicability. Notwithstanding any provision of Minnesota Statutes,
1.10chapter 424A, or sections 424B.20 and 424B.21, to the contrary, if the city of Lino Lakes
1.11withdraws from the joint powers agreement establishing the Centennial Fire Department,
1.12if the city of Lino Lakes establishes a city fire department, and if a Lino Lakes Volunteer
1.13Firefighters Relief Association is established, this section applies to the Centennial
1.14Volunteer Firefighters Relief Association.
1.15 Subd. 2. Continuing coverage for certain firefighters permitted. (a) If the
1.16circumstances described in subdivision 1 occur, the successor Centennial Volunteer
1.17Firefighters Relief Association may continue to provide retirement coverage for
1.18firefighters who were members of the Centennial Volunteer Firefighters Relief Association
1.19before July 1, 2014, and who transfer from the Centennial Fire Department to the Lino
1.20Lakes Fire Department.
1.21(b) Coverage authorized by paragraph (a) is governed by subdivisions 3 to 10.
1.22 Subd. 3. Creditable firefighting service. Before continuing coverage of Lino
1.23Lakes Fire Department firefighters by the successor Centennial Volunteer Firefighters
1.24Relief Association occurs, the volunteer firefighters relief association board must
2.1specifically define how firefighting service rendered by Lino Lakes firefighters described
2.2in subdivision 2 in the Lino Lakes Fire Department will be credited by the successor
2.3Centennial Volunteer Firefighters Relief Association. The service credit definition is
2.4subject to municipal approval by the cities of Lino Lakes, Centerville, and Circle Pines
2.5under Minnesota Statutes, section 424A.02, subdivision 10.
2.6 Subd. 4. Fire state aid allocation. (a) If the successor Centennial Volunteer
2.7Firefighters Relief Association provides retirement coverage for one or more firefighters
2.8in the Lino Lakes Fire Department as described in subdivision 2, all fire state aid and
2.9police and fire supplemental retirement state aid received by the cities of Centerville and
2.10Circle Pines must be transmitted to and deposited in the special fund of the successor
2.11Centennial Volunteer Firefighters Relief Association and a portion of the fire state aid and
2.12of the police and fire supplemental retirement state aid received by the city of Lino Lakes
2.13as calculated under paragraph (b) must be transmitted to and deposited in the special fund
2.14of the successor Centennial Volunteer Firefighters Relief Association.
2.15(b) Annually, before September 15, the officers of the successor Centennial Volunteer
2.16Firefighters Relief Association shall calculate and certify to the city of Lino Lakes:
2.17(1) the liability of Lino Lakes Fire Department firefighters covered by the relief
2.18association under Minnesota Statutes, section 424A.092, subdivision 2, for creditable
2.19service rendered by those firefighters to date;
2.20(2) the liability of all firefighters covered by the relief association under Minnesota
2.21Statutes, section 424A.092, subdivision 2, for creditable service rendered by all active
2.22firefighters to date; and
2.23(3) the percentage determined by dividing the amount calculated under clause (1)
2.24by the amount calculated under clause (2).
2.25The portion of the fire state aid and the police and fire supplemental retirement state
2.26aid received by the city of Lino Lakes that is determined by applying the percentage under
2.27clause (3) to the total aid amount must be deposited in the successor Centennial Volunteer
2.28Firefighters Relief Association special fund.
2.29 Subd. 5. Relief association minimum municipal obligation. (a) If the officers of
2.30the successor Centennial Volunteer Firefighters Relief Association certify a minimum
2.31municipal obligation under Minnesota Statutes, section 424A.092, subdivisions 3 and 4,
2.32in any year, the city of Lino Lakes must include in its annual budget for the following
2.33year and in its municipal tax levy certified to the county auditor payable in the following
2.34year the city of Lino Lake's portion of that minimum municipal obligation as determined
2.35under paragraph (b).
3.1(b) The minimum municipal obligation portion of the city of Lino Lakes is the
3.2percentage determined under subdivision 4, paragraph (b), clause (3), applied to the total
3.3minimum municipal obligation certified by the Centennial Volunteer Firefighters Relief
3.4Association.
3.5(c) If the city of Lino Lakes fails to budget for, certify the tax levy for, or transmit
3.6to the successor Centennial Volunteer Firefighters Relief Association the amount due
3.7under this section, the remedy under Minnesota Statutes, section 424A.092, subdivision
3.84, paragraph (c), applies.
3.9 Subd. 6. Alternative allocations. (a) If the cities of Centerville, Circle Pines,
3.10and Lino Lakes agree to an alternative determination method for state aid or minimum
3.11municipal obligation under subdivisions 4 and 5, the allocation of each must be made
3.12under that allocation determination method.
3.13(b) Any alternative determination method under this subdivision must be reviewed
3.14for accuracy and consistency by the Office of the State Auditor before implementation.
3.15 Subd. 7. Future service pension increases. Any increase in the amount of the
3.16service pension per year of service as a firefighter proposed by the Centennial Volunteer
3.17Firefighters Relief Association and applicable to a firefighter with the Lino Lakes Fire
3.18Department must be approved by the Lino Lakes City Council before it is effective.
3.19 Subd. 8. Relief association municipal board representation. If the successor
3.20Centennial Volunteer Firefighters Relief Association includes in coverage one or more
3.21Lino Lakes Fire Department firefighters, one of the municipal representatives on the relief
3.22association board of trustees must be a municipal elected or appointed official of the city
3.23of Lino Lakes as designated by the city council of the city of Lino Lakes.
3.24 Subd. 9. No post break in service return to coverage. No former member of the
3.25Centennial Volunteer Firefighters Relief Association who terminated active firefighter
3.26service with the Centennial Fire Department before the withdrawal of the city of Lino
3.27Lakes from the joint powers agreement may return to active membership by the successor
3.28Centennial Volunteer Firefighters Relief Association by virtue of a return to active
3.29firefighting services with the Lino Lakes Fire Department.
3.30 Subd. 10. Appropriate bylaw amendments. Upon municipal approvals by all cities
3.31under section 2, the board of trustees shall formulate and adopt any appropriate amendments
3.32to the bylaws of the successor Centennial Volunteer Firefighters Relief Association,
3.33subject to the requirements of Minnesota Statutes, section 424A.02, subdivision 10.
3.34 Sec. 2. EFFECTIVE DATE; LOCAL APPROVAL.
4.1Section 1 is effective the day after the latest date on which the governing body and
4.2the chief clerical officer of the cities of Centerville, Circle Pines, and Lino Lakes timely
4.3complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3
1.3providing for continuing coverage for certain Lino Lakes Fire Department
1.4firefighters in the event of a joint powers fire department withdrawal.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. CENTENNIAL VOLUNTEER FIREFIGHTERS RELIEF
1.7ASSOCIATION COVERAGE OF LINO LAKES FIRE DEPARTMENT
1.8FIREFIGHTERS.
1.9 Subdivision 1. Applicability. Notwithstanding any provision of Minnesota Statutes,
1.10chapter 424A, or sections 424B.20 and 424B.21, to the contrary, if the city of Lino Lakes
1.11withdraws from the joint powers agreement establishing the Centennial Fire Department,
1.12if the city of Lino Lakes establishes a city fire department, and if a Lino Lakes Volunteer
1.13Firefighters Relief Association is established, this section applies to the Centennial
1.14Volunteer Firefighters Relief Association.
1.15 Subd. 2. Continuing coverage for certain firefighters permitted. (a) If the
1.16circumstances described in subdivision 1 occur, the successor Centennial Volunteer
1.17Firefighters Relief Association may continue to provide retirement coverage for
1.18firefighters who were members of the Centennial Volunteer Firefighters Relief Association
1.19before July 1, 2014, and who transfer from the Centennial Fire Department to the Lino
1.20Lakes Fire Department.
1.21(b) Coverage authorized by paragraph (a) is governed by subdivisions 3 to 10.
1.22 Subd. 3. Creditable firefighting service. Before continuing coverage of Lino
1.23Lakes Fire Department firefighters by the successor Centennial Volunteer Firefighters
1.24Relief Association occurs, the volunteer firefighters relief association board must
2.1specifically define how firefighting service rendered by Lino Lakes firefighters described
2.2in subdivision 2 in the Lino Lakes Fire Department will be credited by the successor
2.3Centennial Volunteer Firefighters Relief Association. The service credit definition is
2.4subject to municipal approval by the cities of Lino Lakes, Centerville, and Circle Pines
2.5under Minnesota Statutes, section 424A.02, subdivision 10.
2.6 Subd. 4. Fire state aid allocation. (a) If the successor Centennial Volunteer
2.7Firefighters Relief Association provides retirement coverage for one or more firefighters
2.8in the Lino Lakes Fire Department as described in subdivision 2, all fire state aid and
2.9police and fire supplemental retirement state aid received by the cities of Centerville and
2.10Circle Pines must be transmitted to and deposited in the special fund of the successor
2.11Centennial Volunteer Firefighters Relief Association and a portion of the fire state aid and
2.12of the police and fire supplemental retirement state aid received by the city of Lino Lakes
2.13as calculated under paragraph (b) must be transmitted to and deposited in the special fund
2.14of the successor Centennial Volunteer Firefighters Relief Association.
2.15(b) Annually, before September 15, the officers of the successor Centennial Volunteer
2.16Firefighters Relief Association shall calculate and certify to the city of Lino Lakes:
2.17(1) the liability of Lino Lakes Fire Department firefighters covered by the relief
2.18association under Minnesota Statutes, section 424A.092, subdivision 2, for creditable
2.19service rendered by those firefighters to date;
2.20(2) the liability of all firefighters covered by the relief association under Minnesota
2.21Statutes, section 424A.092, subdivision 2, for creditable service rendered by all active
2.22firefighters to date; and
2.23(3) the percentage determined by dividing the amount calculated under clause (1)
2.24by the amount calculated under clause (2).
2.25The portion of the fire state aid and the police and fire supplemental retirement state
2.26aid received by the city of Lino Lakes that is determined by applying the percentage under
2.27clause (3) to the total aid amount must be deposited in the successor Centennial Volunteer
2.28Firefighters Relief Association special fund.
2.29 Subd. 5. Relief association minimum municipal obligation. (a) If the officers of
2.30the successor Centennial Volunteer Firefighters Relief Association certify a minimum
2.31municipal obligation under Minnesota Statutes, section 424A.092, subdivisions 3 and 4,
2.32in any year, the city of Lino Lakes must include in its annual budget for the following
2.33year and in its municipal tax levy certified to the county auditor payable in the following
2.34year the city of Lino Lake's portion of that minimum municipal obligation as determined
2.35under paragraph (b).
3.1(b) The minimum municipal obligation portion of the city of Lino Lakes is the
3.2percentage determined under subdivision 4, paragraph (b), clause (3), applied to the total
3.3minimum municipal obligation certified by the Centennial Volunteer Firefighters Relief
3.4Association.
3.5(c) If the city of Lino Lakes fails to budget for, certify the tax levy for, or transmit
3.6to the successor Centennial Volunteer Firefighters Relief Association the amount due
3.7under this section, the remedy under Minnesota Statutes, section 424A.092, subdivision
3.84, paragraph (c), applies.
3.9 Subd. 6. Alternative allocations. (a) If the cities of Centerville, Circle Pines,
3.10and Lino Lakes agree to an alternative determination method for state aid or minimum
3.11municipal obligation under subdivisions 4 and 5, the allocation of each must be made
3.12under that allocation determination method.
3.13(b) Any alternative determination method under this subdivision must be reviewed
3.14for accuracy and consistency by the Office of the State Auditor before implementation.
3.15 Subd. 7. Future service pension increases. Any increase in the amount of the
3.16service pension per year of service as a firefighter proposed by the Centennial Volunteer
3.17Firefighters Relief Association and applicable to a firefighter with the Lino Lakes Fire
3.18Department must be approved by the Lino Lakes City Council before it is effective.
3.19 Subd. 8. Relief association municipal board representation. If the successor
3.20Centennial Volunteer Firefighters Relief Association includes in coverage one or more
3.21Lino Lakes Fire Department firefighters, one of the municipal representatives on the relief
3.22association board of trustees must be a municipal elected or appointed official of the city
3.23of Lino Lakes as designated by the city council of the city of Lino Lakes.
3.24 Subd. 9. No post break in service return to coverage. No former member of the
3.25Centennial Volunteer Firefighters Relief Association who terminated active firefighter
3.26service with the Centennial Fire Department before the withdrawal of the city of Lino
3.27Lakes from the joint powers agreement may return to active membership by the successor
3.28Centennial Volunteer Firefighters Relief Association by virtue of a return to active
3.29firefighting services with the Lino Lakes Fire Department.
3.30 Subd. 10. Appropriate bylaw amendments. Upon municipal approvals by all cities
3.31under section 2, the board of trustees shall formulate and adopt any appropriate amendments
3.32to the bylaws of the successor Centennial Volunteer Firefighters Relief Association,
3.33subject to the requirements of Minnesota Statutes, section 424A.02, subdivision 10.
3.34 Sec. 2. EFFECTIVE DATE; LOCAL APPROVAL.
4.1Section 1 is effective the day after the latest date on which the governing body and
4.2the chief clerical officer of the cities of Centerville, Circle Pines, and Lino Lakes timely
4.3complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3
