4.4. SR 12-07-2015 - Laserfiche WebLink

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BYLAWS as Addendum A: Table LS -15 Table LS -16 Elk River Fire Department Relief Association 6.1.3* Application. Applications for service pensions or ancillary benefits shall be made in writing on forms supplied by the Secretary. The application 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 applicant meets each of the eligibility requirements set forth in 6.1.1. 6.1.4* Approval, amount of pension. It shall be the duty of the Board to approve applications for service pensions or ancillary benefits if the applicant meets all of the eligibility requirements set forth in 6.1.1. The service pension shall be payable at the rates set forth in 6.1.2. Payment shall be made from the Special Fund. (1) It shall also be the duty of the Board not to approve the application if any of the eligibility requirements are not met. If an application is not approved, the Board shall return the application to the applicant within 30 days, noting thereon, with particularity, which requirements the applicant does not meet. (2) Thereafter, the applicant shall be furnished the opportunity to be heard by the full Board, by filing a written intent to appeal with the Secretary within 30 days of receiving an adverse determination. (3) Upon receipt of the written intent to appeal, the Board of Trustees shall hold a special meeting within 60 days of receipt of the written intent to appeal. Timely notice of the meeting shall be given to the member at least 15 days prior to the special meeting. The member shall have the reasonable opportunity to be heard by the Board of Trustees at the special meeting with regard to the adverse determination. (4) The Board of Trustees reserve the right to engage the services of a mediator or arbitrator, acceptable to both parties, at any time during the appeal. The mediator or arbitrator shall be selected from the Rule 114 Supreme Court Roster. The cost of the mediator or arbitrator shall be split in half among both parties. (5) Determination of the Board shall be final after 6.1.4 (3) of such appeal. 6.1.5* Deferred service pension. A member of the Association who has completed at least five (5) years of active service with the Elk River Fire Department and at least five (5) years of active membership in the Association and who separates from active service and membership shall be entitled to a deferred service pension to commence upon reaching at least the age of 50 years and upon making a valid written application to the Association. The deferred service pension shall be payable as set forth in 6.1.2 except that: (1) Deferred members receiving the lump sum service pension as set forth in 6.1.8 shall have the lump sum payment based on the Lump Sum table in effect at the time of separation. (2) Members who have served the Elk River Fire Department 20 years or more shall receive interest on a deferred service pension for up to 5 years from the date of separation. As specified in MS 424A.02 subd. 7(c)(3), interest will be paid on the deferred lump sum service pension during the period of deferral at an interest rate of 3% compounded annually. (a) Interest is payable as specified in MS 424A.02 subd. 7(d), from the first day of the month next following the date on which the member separated from active service to the last day of the month immediately before the month in which the deferred member commences receipt of the deferred service pension. (3) Members who have served the Elk River Fire Department less than 20 years shall receive no interest on a deferred service pension. 6.1.6* Year of service. For the purpose of computing benefits, a "Year of Service" shall be defined as a period of 12 full months of active service in the Elk River Fire Department, beginning on the anniversary date when the member became an active member of said Fire Department. If a member's period of active service is not continuous, parts of years may be added together to complete full years. (1) Service credit for incomplete years of service, after the member's anniversary date, shall be prorated at the rate of 1/12 (8.333%) per complete month of active service, pursuant to Minn. Stat. §424A.02, Subd. 1. A "month" is a completed calendar month of active service measured from the member's date of entry to the same date in the subsequent month. 6.1.7 Surviving Spouse. "Surviving Spouse" means any person who was the dependent spouse of a deceased * Refer to Policies of the Board Page 7