18-05 Firefighters Relief Association and Pension Fund - North Dakota Statutes

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CHAPTER 18-05FIREFIGHTERS RELIEF ASSOCIATION AND PENSION FUND18-05-01. Firefighters relief association - Where it may be organized. A firefightersrelief association may be organized in any city, rural fire department, or rural fire protection
district that has a fire department. In organizing a firefighters relief association, the procedure
provided in chapter 10-33 must be followed.18-05-02. Control of funds - Derivation of funds. Through its board of trustees andofficers, a firefighters relief association has full charge, management, and control of the funds
provided for in this chapter, which funds must be derived from the following sources:1.From interest, rents, gifts, or money from other sources; and2.From funds received from the state.18-05-03. Treasurer of relief association to furnish bond. Before entering upon theduties of office, the treasurer of every firefighters relief association shall give a good and
sufficient bond to the association conditioned for the faithful discharge of the duties of treasurer,
and for the safekeeping and paying over, according to law, of all moneys that come into the
treasurer's hands while acting as treasurer.18-05-04. Apportioning insurance tax received by city, rural fire department, orrural fire protection district. The city auditor in a city or the treasurer of a rural fire department
or rural fire protection district with a fire department and a firefighters relief association shall
apportion the amount received under section 18-04-05, so one-half of the amount is placed in a
fund to be disbursed by the city's, rural fire department's, or rural fire protection district's
governing body in maintaining the fire department and one-half is paid to the treasurer of the
firefighters relief association. Except, the city's governing body may direct the city auditor or the
rural fire department or rural fire protection district's board of directors may direct the treasurer to
pay all or any portion of the one-half of the amount received which would otherwise be disbursed
in maintaining the fire department to the treasurer of the firefighters relief association if its
financial condition makes the disposition necessary or advisable.18-05-05.Disbursement of money received by treasurer of firefighters reliefassociation. The amount received by the treasurer of a firefighters relief association from the
state may be disbursed for the following purposes only:1.For the maintenance of the association.2.For pensions to and the relief of sick, injured, and disabled members of any fire
department in the municipality, rural fire department, or the rural fire protection
district and the members' surviving spouses and children.3.For the payment of service pensions as provided in section 18-05-06 in the amounts
and manner the association designates in its articles of incorporation and bylaws.18-05-06. Service pension - Who may receive - Recipient entitled to no further relieffrom association.1.A firefighters relief association organized under the laws of this state must be an
internal revenue service approved plan.2.A firefighters relief association organized under the laws of this state may pay out of
any funds received from the state, city, municipality, or any other source a service
pension in an amount as may be provided by the association's bylaws to each of its
members who has retired and who:Page No. 1a.Has reached the age of fifty years; andb.Meets all the requirements of the firefighters relief association bylaws.3.A pension may not be paid to any individual while that individual remains a member
of the fire department, rural fire department, or rural fire protection district
department, and an individual who is receiving a service pension is entitled to no
other relief from the association.18-05-07.Eligibility for service pension may be acquired by paying backassessments. A firefighter who, for the number of years required for retirement, actually has
served in a fire department in a municipality, rural fire department, or rural fire protection district
in which a firefighters relief association has been organized and who pays into the firefighters
relief and pension fund maintained in the municipality, rural fire department, or rural fire
protection district assessments equal to the amounts assessed against the members of the
association during the time of the firefighter's service in the department, with interest upon the
assessments, must be allowed membership in the association and is entitled to receive, upon
retirement, the same pension from the fund as is paid to other firefighters. The bylaws of an
association may not contain any provision that discriminates against a firefighter who actually has
worked as a firefighter during the number of years required by the bylaws or which prevents the
firefighter from, or discriminates against the firefighter in, participating in the association or in the
benefits from the fund. The rights provided for in this chapter are acquired by compliance with
this section whether compliance was accomplished before or after July 1, 1935, without regard to
the time when the required service was performed.18-05-08. Pensions to be uniform - Reduction or increase in pensions authorized.All pensions granted in a municipality or rural fire protection district under the provisions of this
chapter must be uniform in amount. Every association, however, may reduce or increase the
amount of pensions, within the limitations contained in this chapter, whenever the amount of
funds on hand or other good reason renders such action advisable.18-05-09.Who deemed firefighter.A substitute firefighter, a person serving onprobation, and a firefighter in a municipality, rural fire department, or rural fire protection district
having a relief association in its fire department who is not a member of the association may not
be deemed a firefighter within the meaning of this chapter.18-05-10.Qualifications as to age inapplicable to pension for disability.Thequalifications as to age prescribed by this chapter do not apply to a member of a fire department
who makes an application for a pension on account of injuries or disabilities that result in the
firefighter being unfit to perform the duties of an active firefighter. The relief association shall pay
the pension to those members, or to the surviving spouse or children of a deceased firefighter, in
the amounts and under the limitations and conditions as its articles of incorporation and bylaws
provide and permit. A pension paid to any one family, however, may not exceed the maximum
monthly service pension permitted under this chapter.18-05-11.Money received under pension not subject to legal process -Assignments. Repealed by S.L. 1987, ch. 386,