Title 18 — Fires

An alternate firefighters retirement and disability plan may be implemented by a firefighters relief association in lieu of the plan provided for in chapter 18-05. Before a relief association may implement the plan provided for in this chapter, a vote must be taken among the memb…

The firefighters relief association must be organized, operated, and maintained in accordance with its articles of incorporation and its bylaws by firefighters who are members of the fire department. The relief association may regulate and manage its own affairs and for that purp…

As used in this chapter, the term "firefighter" means any person who is regularly entered on the payroll of the department serving on active duty and engaged in the hazards of firefighting. The term includes a probationary firefighter but does not include a substitute firefighter…

Any firefighter who is a member of the relief association established under chapter 18-05 may continue as a member of the relief association created by this chapter if the department of which the firefighter is a member has elected to come under the provisions of this chapter, an…

When any firefighter desires to become a member of the relief association provided by this chapter, that firefighter may apply in writing for membership to the association. The application must be made on a form supplied by the association and must be accompanied by the certifica…

The association may deny any applicant membership who is not physically and mentally sound. Additional requirements for entrance age, entrance fees, and annual dues may be prescribed in the bylaws of the association.

The officers of the relief association include a president and a vice president, both of whom must be elected from among members of the board of trustees, a secretary-treasurer, a board of trustees, and a finance committee. These officers must be elected in the manner and for the…

The amount received under section 18-04-05 by the city auditor in a city that has a paid fire department and a duly organized and incorporated firefighters relief association must be apportioned so that one-half must be placed in a fund to be disbursed by the governing body of th…

A city that has adopted a plan under this chapter shall fund from revenues derived from its general fund levy authority a sufficient amount for firefighters relief association contributions to equal a minimum of eight percent of the current annual salary of a first-class firefigh…

Each year in which the levy provided for in section 18-11-10 is made, immediately after April first and September first the proceeds of the levy, together with any interest and penalties collected thereon, must be forwarded by the county treasurer to the city auditor, and after c…

The officer in charge of the finances of the city shall deduct from the salary of each firefighter participating in the plan provided in this chapter an amount to be determined by the bylaws of the firefighters relief association but which may not be less than five percent of the…

The moneys received by the association must be kept in a trust fund known as the association state fund. The assets of the fund must be held in trust. No part of the assets of the fund may be used for or diverted to purposes other than for the exclusive benefit of the members, th…

The amounts paid into the relief association by the state, city, and employee's salary contribution and set aside in the association state fund must be appropriated and disbursed only for: 1. The payment of disability or service pensions to members of the association; 2. Pensions…

1. A monthly service pension must be paid to members of the association with the following qualifications: Percent of first-class Years of firefighter's monthly salary Years of age at on January first during year service retirement the pension is paid 20 50 40% 21 51 42% 22 52 44…

A member may, prior to retirement, purchase service credit for the time during each legislative session spent serving as a member of the legislative assembly while employed as a firefighter under this chapter. The member shall pay for this service credit an amount equal to the re…

Any member of the relief association who is unable, because of physical or mental disability, to perform the duties of a firefighter shall receive monthly a disability pension equal to fifty percent of the monthly salary of a first-class firefighter on January first of the year t…

When a service pensioner, disability pensioner, deferred pensioner, or an active member of a relief association dies leaving a surviving spouse to whom the deceased was married while an active member of the association, a child who was or children who were living while the deceas…

If at any time the relief association's actuary certifies that the balance of the association's fund, together with future contributions by active members and contributions by the state, or the city, or both, and earnings thereon, will be inadequate to provide future prescribed b…

1. The pension fund must be based upon actuarial tables and the association is authorized to engage an actuary for studies of the plan when deemed necessary by the association. 2. As required by section 401(a)(8) of the Internal Revenue Code; 26 U.S.C. 401(a)(8), no part of any b…

Each association shall adopt bylaws and regulations providing that in the event any member withdraws from employment in the department or ceases to be a member of the association, whether by death or otherwise, the member is entitled to a return of an amount which is not less tha…

Payments made or to be made by a firefighters relief association to any member of the pension roll is not subject to judgment, garnishment, execution, or other legal process. Persons entitled to such payments do not have the right to assign the same, and the association may not r…

The bylaws of the relief association shall provide for funeral benefits for its active or retired members not to exceed for each funeral twice the monthly salary of a first-class firefighter on January first of the year in which the member dies.

Notwithstanding any provision of this plan to the contrary, benefits payable under the plan are subject to the following: 1. A member's benefit may not commence later than April first of the calendar year following the latter of the calendar year in which the member attains age s…

If the retirement plan established under this chapter is terminated, the accrued benefits of each member immediately become one hundred percent vested and nonforfeitable to the extent funded.

With the consent of the governing body of the city involved, and in substitution for a pension payment schedule provided in section 18-11-15, a firefighters relief association may adopt a monthly service pension plan for members of the association as provided in this section. 1. …

Expired pursuant to S.L. 1999, ch. 212, § 4.

With the consent of the governing body of the city involved, and in substitution for a pension payment schedule, disability pension provision, and survivor pension provision provided in sections 18-11-15, 18-11-16, 18-11-17, and 18-11-26, a firefighters relief association may ado…