The URL can be used to link to this page

269607 WH17E - CITV CLERK ^^^ ^�� PINK - FINANCE � '�L��\L � GANARV - DEPARTMENT - CO1111C11 l ��7 BLUE � - MAVOR G Y � A T PAITL File � NO. rylv�� ' ' ut ' n Presented By Referred To �+ C ttee Date Out of Committee By Date RESOLVED, by the Council of the City of Saint Paul, that� Chapter 164, Laws of Minnesota for 1977, approved the 19th day of May, 1g'7'7, entitled: "An act relating to the cities of St. Paul, Minneapolis, and Duluth; firefighter' s survivor benefits; amending Laws 1955, Chapter 375, Section 25, as amended; Laws 1965, Chapter 519, Section 1, as amended; and Laws 1975, Chapter 127, Section 2, as amended. " a certified copy of which is filed herewith, shall be and said � Act hereby is in all things approved; RESOLVID FURTHER, that the City Clerk, as the chief clerical officer of said City of Saint Paul, shall forthwith file with the Secretary of State a certificate in form prescribad by the Attarney Gener-al stating the �yssential- ' faets necessary to said approval o� said Aet hereunder and including a copy o� this resolution of approval of said Act. COU[VCILMEN Yeas Nays Requested by Departmeqt of: Butler � • � In Favor Hozza Hunt J Levine __ Against BY Roedler Sylvester Tedes Adopte Council: Date AUG 1 8 19T7 Form ved by City Attorney Ce ified Pas y Council Secretary� l' Approv Mavor: Date � At�G_2�3 �9� Approved by Mayor for Submission to Coun ' � By BY PUBLISHED AUG 2 7 1g7 � � �� . _ ;� ��.�'�� b : � �'�-�-, � �. y 6 ,�.�.�.�.�.� � a �� -� � 3 �'� ,c��.��L� �(��' . CERTIFICATE OF APPROVAL OF SPEC]AL LAR' � � ��`._.L • I3Y GOVERNING I30DY (Pursuant to A9innesota Statutes, 645.U2 and 645.U21) �_� . . Oc �� . . ;P��`��9�1 . STATE OF A1INNESOTA � , �J�� RAMS EY ' /;'•'�') . County of . � . � �,�{• :� TO THE SECRETARY OF STATE OF AlINNESOTA: � PLEASE TAKE NOTICE, That the undersigned chief clerical officer of the � CITY OF SAINT PAUL • (namc o governmcntal unit) DOES HEREBY CERTIFY, that in compliance with the pro��sions of Laws, 19�� , Chapier 164 requuing approval by a • majority vote of the governing body of said 1oca1 go��ernmental unit before it becomes effective, the CITY COUNCIL (designate governing body) at a meeting duly h�.ld on the 18thday of AUGUST � 19 77 , by resolution COUNCIL FILE N0, 269607 did approve said Laws, 19 �� , Chapter 164 (If other than resolution,apccify) by a 7 majority vote of all of the members thereof (Ayes 7 ; Noes 0 ; Absent or not voting 0 ) and the follokzng additional steps, if any, rcquir- -, ed by statute or charter weTe taken: PUBLISHED IN THE ST. PAUL OFFICIAL NEWSPAPER ON AUGUST 27, 1977. A copy of the resolution is hereto annexed and made a part this certificate by reference. . Signe .- ��T, ,� CITY CI.ERK. (Officia] daignation of officer) (This form prescribed by the Attorney General and furnished by the Secretary of State as required in Minnesota Statutes 645.U21) . • Y "7f eztmordinary majority is required by the speciai law insert fraction or percentage here. . 3 � :- �s,.v,_, y.-. ',� _"� ;�;j{�7°a'q � '� � � ,�� - 1 C z ;:, o- �` ,, fr �TM � r , �� t �� , � , , � � ` '. , , • : , t � � , • � . ' ` �� , � t- i � �� . �_ . . � `_, ��_. � _ � �� _ � ,� � � � � � �'�.� � � : — - " � '� , � Y � � . • � ' � . � . � . . r �€ / + /' / . � , s , r ��`� _ :� t � � �, . _ .. ,�, � ..:.. � ,! . . , . , ' ,�.:. � . .�: .. .,- . . ;. - :: � . . , . . �� . {;. . _ _ . . . � .. . . . . . . . � , .. . �� . � ` � � , � . . . � . . . �. . � ��' � � 3.�� , r '�. t , �`� � . v � � �, � : ,� - `- �,,,�: � � � � � � � � � � � � , � � ' � � �. '��, :�� . , . , , , „ , � �� - � � , :: ;. . � . : , , t K: � � — f �; - , . - � �� # " �� • � ,. , . . . , , , � -• � ,�� . . � , r ., _ ' .g,erp�� I'; i9�7; . ; � , , � � ' � •`'� x ' . , , \ � , • � , r � ' � � � �` � � ' �i6Cak*etQi71'� ,�o� 5��i�� 4�LR'il'2e � � � � � �t' � � ittxom, i�0, &�&�ia t�'£�� t;;3�#4;pg, � : , z" � �+�: �ai�,, M�,�ne�� 3Si55 � � ' r � ` �\ . F; - � � �A�"'i'�'��1'c� J+�ar�+'McGr+e� � ' � � � - ; , <� � � Ma. I`�ceia: _ ' ��; � � - . , ,f . , ., ,. , � . . . + � ; ,. , ,; A�'�a�h�d� !'Qr �`i�.�n� � pc�ur of!'iaa is� � C+��t��t��+ 'a��Ap}��c►�'�. b�r:�� .-; ,' . ,,` "� Cit�^��o� St. Pa�u�"o� C;hapter 164, �++aws.��f t�n�so�� 19�7r`,� ��gi�"c�e� �� ` ! `� '� �`- ' �9't�i sla� c��` Ma►!`, t�977'., . ��: ,. • . : � � � . . , � �'.rh� - . � ,\� ' .� � ,�� ?�'P� t3m s eag* af t�e ear�if ic�t�'sbd' �� t�vo �: '� : �ac�cs�3g,�d. • ,`` . ��!� s " • _ ; , ��ife�^�► t�t:E� �►ours., ., � � _ . ;� � • � �� • ( , . , - _ � , t� �� C��y� Ca.e��k � � �� I � � � ;.�� x �� s 7�� ' � � � � �� " � � .r�� ' � 1►ttar.�►. � � � � , �� .� , � . : .� ; � � � .� ��, �� .. � �t:d�'a � , � . . , ,, ;a � - , _ , _, � � , . r , ,,` . , , � . . . '_.. . , -�, . . p,K �� ' � . . � ' � . . . . , � [ . .,., t � � `.' .. . . . � � . . , . . .. . . ,.,� ..', 'x 1 . . , ' : . � . � / . .. � : , . . , � . � � . . . . . . . , .. . . . , , . �, - - - .. , �,>. . �� . , . , . . � . . , - . . . ,. ♦ .. --: ,..� { .. � . . � . . � . . . : - .. r ` ' � , r_ . � � , ! ^' �s� � I „ < < . 1' ' 1 r �` � ,, �' � `' � t � , ' . ° C. Y � ', � �i r, a� . � .. c+ . . . - . . , � � � .. �. . . r" _ . _ � 3 S. ��h''�"�s,*� .. . _ . . . . . � � 34 k��';n � � i� . . �. . � . ' . . . - I . ��'w�"Tw k�.�4� . , .` . �.: . ..r -..: ' ,� � . , " , ,-.- .�' . . . . . . .' - ' . , .,,.� 4 . .. . , -. ` C ...,-� _, . . . ,':. . _ .._, .�:>. . . .. . ,.. . .�_.. . .. � .. ' , r:. . • .;. . . . ' 'k 'E, . _ _ � , . . \ � >�: ,,,,,,,,,,,,, {l�� rn, - - � ,� .- �. �'.�„� � � ��•�� , / , � ,. � _ �g- •� 3'! - �� -- S 3�I -=_ ,�., � � �I � � �'I � � � o� ; _.i �li �li � /'\ � /1\ - �F �+" �.. � � _ I, JOAN ANDERSON GROWE, Secretary of State of the State of (;_ � � � Minnesota, do hereby certify that the annexed is a full, true and correct photocopy of -Acts- Senate Fi 1 e 1 369 , bei ng Chapter 164, Laws of Minnesota for 1977 , as �� Approved on May 19 , 1977 , and filed in this Office on May 19, 1977. . . . . . . . . ti � �" - f � � - � °� � �� ^I - yI as the same appears of record in this office, and of the whole thereof. f In Testimony Whereof,I have hereunto _ set my hand and affixed the Great Seal of the State, at the Capitol in St. Paul, this � � 20th day of June � A. D. 19�� 2 � -I � ECRETARY OF STATE ' m m � a � �� ,,,, �� r , a ��.n..i....�i.,.ti.n��v. �vvvv..�.��.�vw�....��r�,i...n,.n,.�.� ! • • S.F.No. 1369 1 dec�artment = or 2 (2) A child or children who were livina while the 3 deceased was on the nayroll of the fire department , or born u within ten months after the decedent was withdrawn from the � S pavrall ot the tire department , the widow and the child or 6 children �hall be entitied to a pension ar pensions, as 7 fQilows: e (a) Te the widow� a aension af not less than i5 ur►its , 9 and not to exceed ths sum ot 22 units per month, as ths 10 bylaws ot the association provider for her natural lifef � 1 provided, that it sh� sha� 1 rcmarrY then the pertsion sha11 1Z cease and te�minate as of the date ot her remarria�e; 13 provided further that if her remarr�i�ge terminates far any 14 reasoni she sha11 aqain be entitled to a �e�sion as the 15 bytaws of the association crovide, � 16 (b) To the child or chil �ren, if the� r mother be » livinQ, a pension of not to �Ycped � units D�� moilth for ;8 each child ua to the time each child reaches the a9e of not 1': tess than 16 Vears an�i nat to exceed an a�e of 18 years= 20 crovided, howe�er, upon approval by the baard of t�ustees, Z1 ��ch a child wha is a futt—time student , upon nroof af 22 comraliance with the prov'lsions of this act , may be entitled �3 to su�h pension so lo�g as ha is a futl—ti+re student and has ZU not reached 22 years of age, a11 in cenformity with the Z5 bylaws of the association; provibecf, further, the totai 26 censions hereunde� for the widow and children of the 27 decease� �:ember shall not exceed the sum of 46 ur+its eet� 28 monthi Z9 tc) A child o� children of a deceased member shall , 30 after the death of their mother, or i� the event their 31 mother precleceases the membe��, be ent� tled to receive a 32 pens� on or pensiflns in such amount as the board of trustees 2 � . . . • � � • i ..1. . � .. . . . M��;./� f.�J.� � S.F.No. 1369 CHAPTER No. .,�� .,�G� � �� . � . 2 relating to the cit +es ot St . Paul � Minneac�olisr 3 and Dulutht firefighter ' s survivor benetitsf u amending Laws 1955� Chanter 375r Section 25• as 5 amend�d� l.aws ��b5� Chapter 519, Section 1 , as � amendeds and Laws 1975, Chapter 127, Sectien z, as 7 amer�ded. ' 8 9 B� IT ENA�7ED BY THE IEGISLATURE UF THE STATE OF MINrvESOTAs 10 Sectian 1 . l.aws 1955� Ch�pter 375. Sec�ion 25, as 11 amended by l.aws 1961r Chaater 376� Section 6� Laws 1965, 12 Chapter 790, SQCtion 1 , and LawS 1975, Ghapter u23, Secticn 13 1 , is amended to reads Yu Sec, 25. [ST. PAUi., CITY OF= �IREFIG�+'fER � s RELIEF 15 ASSOCIATION.] When a service censianer• disability 16 pensionerr or deterrrd aensioner, or an active member of 17 s�!ch relief association dies, leavin� 18 tl) A widow whc was his legaliy• marrie�f wife� res{tlins� 19 with hi�rr and who was married to him while or vrior to the 20 Lime he ;�as on a payroll o# the fire departmentt and who, in 21 case the deceased membtr was a service or deferr-ed 22 pensioner� was lec�allv mar� ied to the member at least—�fir� 23 4CSf"� one vear hefore his re�.iremer�t tror the fire 1 � - � . . � S.F.No. 1369 1 of the association shatl �eem necessary to aroperiy supcort . 2 the chiid or ch� ldrQn until they reach th� a�e of not less 3 than 16 and not more than IS years; however, uvon approval 4 by the board ot trusteesr such a child who is a full—time � - 5 student , upon praQf of comoliance with the vrovisions of 6 this act , may be entitled to such oension so long as he is a 7 fu11—time student and has not reached Z2 years ofi a.qe, as 8 th� bYiaws of the association maY provide; but the totai 9 amount of the �er.sion or nensions hereunder for any child or 10 children shatl not exceed the sum of u0 units per mpnth; lI td) Far tha nurcoses of this act, a full—time student 12 is def� ned as an individual who is in full—time attendance 13 as a student at an educational institutionf wheth�r or not �u the student was in full—time attendance woutd be determfned 15 bv the board of trustees of the reliefi associatjon in the 16 li9ht of the �tandards and practices of the school invatved. 17 Specifically ex�luded is a person who is paid �y his 18 emcloyer while attendinA school at the request of his 19 employer. �enefits may continue durin9 any period of four 20 catenda� months or tess in any 12 mcnth period in which a , 21 cersan do�s not attend schaol if th� ve�son shows to the 22 sattsfactior, of the board of trustees that he intends ta 23 c4nt�nue ;n full—time schoa) attendance imm�diately afte� ?� the end of the periad. An educational institution is 25 dgfined so as to cermit the aavment of benefits to students 26 taking vocational or academic courses in all approved, 27 aceredited er licensed schools, colleges, and universities. 28 The board of trustees shatl make the final determinatian of 29 eligibititv to� benef9ts if any question arises concerninQ 30 thp aQaraved status of the educational institutio� which the 31 student attends or procoses to.. attend. 32 (e) In the event that a person who is receiving a 3 • . . , . . S.F.No. 136g 1 vension as provided above sha11 marry before the age of 2?., 2 the pension shalt cease as the date of the marriage. 3 Sec. 2. Laws 1965r Chapter 519, Sect �on lr as amended 4 by Laws 1967, Cha�ter 819, Section lr Laws 1969, �hapter 5 123, Section 1 , and Laws i975, Chapter 57• Section ! r is 6 ame-�ed to read. 7 Sectio� 1 . iMI��EAPOLISr CITY OFi FIREFIGHTER � S RE�IEF 8 AgSOCIATION; tvInOw' S tNTITIEMENT.� Notwithsta�d�ng the , . , � provisions af Minnesota Statutes 1965r Section b9.u8, to the 10 cantrary, when a service nensioners di�ability DenSione�� Or 11 deferreci oensioner, o� an active member of a reliet 12 association diesr leaving 13 ( 1 ) A widow who was his legalty ►r•arried wife, residing I�t with him, and who was narried to him whjle or prior to the • 1'� tine he was on the oayroil of the fire cSevartmentj and who� ib in case the deceased member was a service or deferred � � � 7 c�ensioner was l �gativ married to the membe� at least—f�r-ct la �e� one ve�r befor� h� s retirement from the fire 19 departmen� f or - �0 t2) A child or children who were living while the 21 �e�eased was on the payroll of the �ire department , or born 2� w� th;�, nine months after the d�cedent was withdrawn fram the 23 ciayroll of the fire departmentr the widow and the child or 2u �;�ildren shall be entitled to a pensian or pensions, as 25 fol �ows! 2b (a� To the wi�ow, a �ension of not less than 17 units, 27 and not to exceed the tatal of �1 units per month, as the 28 bylaws of the association Dravidei for her natural life; ?9 provided, that if she s�all remarry then the pension shall 30 cease and terminate as of the date of her remarriagef 31 ar�vided, further, it her remarriag$ terminates for any 32 reason, st�e sha11 again be entitled to a nension as the u � � , . . i . ��96� � S.�'.No. 1369 i bylaws of the association provide; 2 (b) To the child or childrenr it their mother be 3 livinq� a pension of not to exceed eight units oer month for u each child up to the time each child reaches the age of not 5 less than 16 years and not to exceed an age of i8 Yea�s; 6 provided, howeverr uphn aporoval by the board of trustees� 7 such a child who is a full�tirre student , upon oroof of 8 compliance wlth the arovisions of this act, mav be entitled 9 to such pens�on so long as he is a futl—time student and has 10 not reached 22 years of age, a11 in conto��n; ty w; th the � 1 bylaws of the associat{onf provided, 4urtherr the total iZ pensions herevnder for the wid4w and children of the 13 decea�ed m�mber sha11 not exGeed the sum o# u0 units per 1U month; 15 fc) � �hila or children ot a de�eased mPm�C1^ after the � lb d�ath of their mother, or in th�► event their mother 17 p^°��ceases the member, be entitled to rece�ve a pension or 18 pe�,s��ns in such amaunt as the board of trustees ot the 19 association sha11 deem necessarv to oroperly SuaDOrt the 20 ehitd �� childr�n untfl they reach the age of not tess than �1 16 an� ::�t more than 18 vearsj provided• however, upon 2� approva� bv the boa�d of t�ustees, such a child who is a 23 full—time student, upon proof of compliance with th� z4 arovisions of this actr may be entitied to such eension so 25 iong as he is a full—tima student and has not reached �2 26 vears ot a9e� as the Nylaws of the ass.ociation may provtde; 27 but the totat amount of the pension or censions hereunder � Z$ for any child or children sha11 not exceed the sum of 40 29 units per month: 3Q td) For the purposes of this act , a full—time stucfent 31 is def { �ed as an individuai who is in full-Rtime attendance 32 as a student at an edUCational institUtion. Whethe� or not 5 � ' . - � • , S.F.No. 1369 1 the student was in full—time a*,tendance would be determined 2 by the board of trustees of the association in the light of 3 the standards and practices of the schoa) involved, u gpecificallY eYCluded iS a person who is paid by his 5 emcloyPr while attendin4 school at the renuest of his 6 e�rPioyer. Benefits maY continue during any period of taur 7 catendar months or less in any 12 month p�riod in which a 8 oerson does not attend $chool if the person shows to the � . 9 satisfaction o# the boar�d of trus�ees that he intends to 10 continue in full--time school �ttendance im�nediatelY after 11 the �nd of the period. An educationat institution is iz defined so as to per?+it the Day►±+et�t O# k�enefits to students 13 tzking vocati �nal or academic courses in all aporoved, � lu accredited or licensed schools, colleges, and universities. 15 ��!e board of trustees shalt nake the final dete�mination of ib eli9ibility for benefits � # any question arises concerninq 17 the aeproved status of the educational institution which the 18 student attends or proposes ta attend= 19 (e) In the event that a cE�ild who is receivin� a 20 nension as provided above shatl marry before the age of Z2 �1 r��rsi the pension shall tease as of the date at the 22 ��.b�-r�iage. �3 See, 3. Laws 19�5, Chapte� iZ7� Section Z• as amended 2U by �aws 1976, Ghaptet° 78, Section u� is amended to readt 2S Sec. 2. [OULUTH, FIREFIGHTER � S SURVIVOR E�ENEFIT8.l 26 �hen a s�rvice oensioner thereaf, disabilitY �ensiener 27 thereof , deferred �ensione� thereof• or an active member ot 2B thc—�re*+e�a firefiqhter ' s rel ief assoc� ation in the citv 29 of Auluth dies� leaving 30 ta) 4 widow who was �is teqally married wife, residin9 31 w� th hi�, and who was married._ to h�m white or prior to the 32 time he was on the pavrolt of t�+e fire aevartment ; and who� b - � . . . ' • �� - � �6�9�� s.F.No. 1369 1 in case the deceased membpr was a service or deferred 2 censioner was le9aliy married to said member at teast-t++,-eye 3 �►ears one vear before his retirement from said fire .._.,�.____.. 4 depart��E�t t or 5 tb) A chiid or childrQn who were livir+a white the b dec�ased was on the paYroll of the fire departnent• or who 7 �ere bor� within ni�e rro�ths after said decedent was A withdrawn from the eayrolt of said fire departrentr such 9 �,idow and said child o� children shaTl be entitled to a 10 pension or p�nsions as follaws: 11 tl) To such a widow a pension of not less than f5 units lC and not te excead the sum of 20 units per month, as the 13 bYl �ws of said association provide, for her naturat life; 14 arovic�ed, howev�r� that if she sha11 remarry, she sha11 not iS be entitled to such �ension during the continuance afi her ' !b remarriage. The pensia� shalt however, resume up�on i? ' �ermination of remarriage. �8 i2) To such child or child�en, if their �nother be 19 living, a vension ot nat to exceec3 eight un� t.s per month for 20 each child up to the time each chitd reachas the ag� of not 21 tess than 18 ye�rs and not to exceed ar age of 22 yearsi as z2 maY be p�ovided by the bytaws of the association. Provided� 23 the total oensions h��eunder for the widow and children of Z4 said deceased member sha11 not eYceed the sum of u0 units 25 Der mpnth. 26 (3) A chiid or child�en of a deceased member receivinfl 27 a pension or censions her�unde� shalt after the death of 28 their mother, be entitled to receive a cension or pensians 29 in such amount or a�ounts as the boa�d of trustees of such 30 association shall deem necessary to croc��ly suPno�t such 31 child or children until they reach the age of not less than 32 18 and not more than 22 years� as the byTaws of suth 7 . � . . � , .; • S.F.No. 1369 � association may Aravide; but the total amount of su�h 2 pension ar pensions ne�eunder for anv such child or chitdren 3 shall nat exceed the sum ot uQ units oer month. q This section shall a�plv to the—#�r�-+�+��i� 5 firefi5hter' s relisf association in tt,e city of Oututh in ....._._._..._,w.w 6 l �eu of the provisions of �'innesota Statutes. Section 69.48. y 6enefits sh .atl be pavahl � to a survivinA sFOUSp whose 8 remarriaoe has t`erminated ario� to the etfective date of . � 9 this act , from and after the effective date of this act, )0 Sec. u. This act is eftective with �espect to �uluth ._._......._.,.._ _._..._....._..�.�._.._.,.^.r__._._�...___�.�...._. 11 upon ac�c�roval bY the t�ul uth ci tv coune� i , wi th respect to �w�.rw�.r�......�w.�+waw.�.��.�ww+w....��.��..r w..�.�.�..�...��.w�.�+.�... ��w.�.�w � 12 �inneapolis upon aa�rovai by the ht;nnea:.alis city councitr _..�_,._..__...__�......,._�__...�_____---_._.� ....___ ___....._�._,..._ 13 and with �-esaect to St. Pau1 uaon aparoval by the St. Paul .a......._..—__._.V.�_�r.�_._........,.._......�.....,._..__--___._._.__._...r..........._.-.� 1U �jty council . and uaon �o�Ypliance with �� nnesota Statutes• ;r_........_.._—___..._�..�__..._._.._.,...__,....__.._..._.....__.--____�_.._M......_ ..... i� Section bu5, 021 . . -...__....________. .. � • � � � 8 . . � ' ► . _ , , . s. F.No. 13b9 Edward J. arty resident of th enate. ' '� ' �Iartin O. Sabo Speakes of the House of Rep�eaentatives. Passed the Senate this lOth day of May in the ycar of Our Lord one thousand ninc hundred and sevenry —seven ,� � �:�� ' -�,� Patrick E. Flahavcn Stcretary o f the Scnate. � Passed the ;:�::.�,, of Representatives this 9th day of May in the year of Our Lord one thousand nine hundred and seventy —seven .��, .,1G�i�.e�-� — Edward A. Burdick � Chief Clesk,House of Rcpsesentatives. Approved ��L ! 9� ��l 7 7 � i � " \ � Rudy P ch Governor of thc State of Minnesota. 9j �� 7 -. . Filed _ � Joan Andason Growc . Sccretary of Stase. 9 - � . . � . ,