5.3. SR 05-11-2009 - Laserfiche WebLink

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must first be discussed and adopted by the relief association through a change in its bylaws. The changes must be made in keeping with the relief association's bylaw amendment procedures and Open Meeting Law requirements. A relief association should then seek municipal approval of the benefit level change. The city council or town board can choose to approve the benefit level change or choose not to approve the change. Once the bylaws are ratified by the municipality, however, the benefit levels are guaranteed by the municipality. The municipality assumes responsibility for ensuring the special fund has sufficient assets to cover approved benefit levels. For those relief associations that are affiliated with an independent corporation rather than a fire department, benefit level changes must be approved by the board of the independent nonprofit firefighting corporation. In addition, the independent nonprofit firefighting corporation is responsible for making any required contributions to the relief association. In limited circumstances, a volunteer fire relief association has the authority to increase its benefit level without municipal ratification. However, if a municipal contribution is later required, the contribution level will be calculated using the last benefit level ratified by the municipality.g If there was never a resolution to ratify a benefit increase, the relief association must return to level where full funding is achieved. Municipalities do not have authority to unilaterally change a relief association's benefit level. Municipalities cannot initiate a change in benefit levels, rescind benefit increases, or give contingent approval to benefit changes. Payment of Required Municipal Contributions To fulfill its obligation to provide at least the minimum required municipal contribution, a municipality may use any source of public revenue, and it may levy taxes. For monthly service plans, for example, a municipality may levy taxes "without any limitation as to rate or amount and irrespective of any limitations imposed" by any other law or regulation.9 If the benefit level the relief association is operating at was properly established and approved by the affiliated municipality, the municipality is required under state law to make any contributions that become due at that benefit level. If the municipality does not include the full amount of the minimum municipal contribution in its levy for any year, the officers of the relief association must certify that amount to the county auditor, who shall spread a levy in the amount of the certified minimum municipal contribution on the taxable property of the municipality.10 $ Minn. Stat. § 424A.02, subd. 10. 9 Minn. Stat. § 69.773, subd. 5(d); § 69.772, subd. 4(c). 10 Minn. Stat. §§ 69.772, subd. 4(d); 69.773, subd. 5(e). Reviewed: January 2009 3 2009-2001 Revised: NA