Kansas Insurance Commissioner

• You can obtain information on the Firefighter Relief Act by visiting us at www.ksinsurance.org/firefighter
• or by calling the Firefighter Relief Act Administrator at (785) 296-7831

The Firefighters Relief Fund provides the following benefits for the members of participating fire departments:

1. Payments for the relief of those injured or physically disabled in or by reason of the discharge of their duties as a firefighter.
2. Payment of death benefit to the surviving spouse or those dependent upon such firefighter who:
   1. Is killed in the discharge of their duties as a firefighter.
   2. Dies from the effects of injuries received in the discharge of their duties as a firefighter.
   3. Dies from the effect of diseases contracted by reason of their duties as a firefighter.
3. Payment of funeral expenses for firefighters who die:
   1. In the discharge of their duties as firefighters.
   2. From injuries received in the discharge of their duties as firefighters.
   3. From disease contracted while discharging their duties as firefighters.
4. Purchase of group term, group permanent or individual permanent life insurance to provide for any of the foregoing purposes.
5. Purchase of accident or accident and health insurance for the benefit of members of the fire department who are injured in the discharge of their duties as firefighters.
6. Payment of pensions to members of full-paid fire departments who are unfit for service after having served at least 20 years on such department.
7. Establish an annuity for members of a fire department consisting of volunteer firefighters who have served for not less than 20 years with such fire department and who attended and fought not less than 75% of the fires which were attended equipment.

Members of any qualified fire department may participate in distribution of the Firefighters Relief Fund.

K.S.A. 40-1701 defines association as follows:

"Firefighters relief association" or "firemen's relief association" means an association incorporated under the laws of this state composed of members of a fire department which is (1) a public fire department under the control of the governing body of an incorporated city, township, county or fire district or (2) a private fire department operated by a not-for-profit corporation which provides all of the fire protection services for an incorporated city, township, county or fire district pursuant to a contract with the governing body thereof, and which in either case has fire apparatus and necessary equipment therefore that is in serviceable condition for fire duty and has a value of $5,000 or more.

In addition, each firefighters relief association shall prepare and file with the commissioner a plat drawn to scale showing the area provided fire protection service by the fire department of the firefighters relief association and the location of each fire department house.  No such plan shall include any part of any area served by another fire department.

1. Members of a fire department who desire to participate in the distribution of firefighter's relief funds shall:
   1. Apply for a charter and incorporation as a not-for-profit corporation from the Kansas Secretary of State at 120 SW 10th Ave, Topeka, Ks 66612 or on the their website at http://www.kssos.org/forms/business_services/CN.pdf;
   2. File with the commissioner of insurance a certified copy of the articles of incorporation of the firefighter's relief association; and
   3. File with the commissioner of insurance evidence of establishment of a fire district within a township or county in accordance with applicable Kansas statutes.  This requirement shall not apply to fire departments under the exclusive control of the governing body of an incorporated city.
2. When the members of a city, township, county, or fire district fire department notify the commissioner of insurance of their desire to participate in the firefighter's relief fund tax and have otherwise qualified for participation, the proper officials shall complete a declaration form, downloaded from the KID website, which declares their right to participate in the firefighter's relief fund.  The completed form shall be submitted to the Commissioner of Insurance.  The declaration form shall be executed by the chief executive officer of the city, township, county, or fire district.  The clerk of the city, township or county, or the equivalent official of the fire district shall attest to the execution of the form.
3. Qualified firefighter's relief associations shall submit, for newly established associations and for associations requesting redetermination hearings, on forms downloaded from the KID website, a certification by the county clerk, of the population and assessed tangible property valuation of the geographic area provided for protection services by the fire department of the association.  The population figure shall be computed using the most recent population figures available from the United States bureau of the census as certified to the secretary of state by the division of the budget on July 1 of each year.  The assessed tangible property valuation figure provided on the form shall be computed using the tangible assessed valuation as shown on the latest November 1 assessment roll prepared and maintained by the county clerk.
4. Each firefighter's relief association shall adopt bylaws to cover all activities of the association and shall set forth the procedures for disbursing funds for the payment of benefits provided by the association.  A copy of the bylaws and the procedures shall be filed with the Commissioner of Insurance.

1. The governing body of any county, city, township, school district, area vocational-technical school, community college, firemen's relief association, community mental health center, community facility for the mentally retarded or any other governmental entity, unit or subdivision in the state of Kansas having authority to receive, hold and expend public moneys or funds may invest any moneys which are not immediately required for the purposes for which the moneys were collected or received, and the investment of which is not subject to or regulated by any other statute. 
2. Such moneys shall be invested only:
   1. In temporary notes or no-fund warrants issued by such investing governmental unit;
   2. in time deposit, open accounts, certificates of deposit or time certificates of deposit with maturities of not more than two years:
      (1) In banks, savings and loan associations and savings banks, which have main or branch offices located in such investing governmental unit; or
      (2) if no main or branch office of a bank, savings and loan association or savings bank is located in such investing governmental unit, then in banks, savings and loan associations and savings banks, which have main or branch offices in the county or counties in which all or part of such investing governmental unit is located;
   3. in repurchase agreements with:
      (1) Banks, savings and loan associations and savings banks, which have main or branch offices located in such investing governmental unit, for direct obligations of, or obligations that are insured as to principal and interest by, the United States government or any agency thereof; or
      (2) if no main or branch office of a bank, savings and loan association or savings bank, is located in such investing governmental unit; or (ii) if no such bank, savings and loan association or savings bank having a main or branch office located in such investing governmental unit is willing to enter into such an agreement with the investing governmental unit at an interest rate equal to or greater than the investment rate, as defined in subsection (g) of K.S.A. 12-1675a, and amendments thereto, then such repurchase agreements may be entered into with banks, savings and loan associations or savings banks which have main or branch offices in the county or counties in which all or part of such investing governmental unit is located; or
      (3) if no bank, savings and loan association or savings bank, having a main or branch office in such county or counties is willing to enter into such an agreement with the investing governmental unit at an interest rate equal to or greater than the investment rate, as defined in subsection (g) of K.S.A. 12-1675a, and amendments thereto, then such repurchase agreements may be entered into with banks, savings and loan associations or savings banks located within this state;
3. In United States treasury bills or notes with maturities as the governing body shall determine, but not exceeding two years. Such investment transactions shall only be conducted with banks, savings and loan associations and savings banks; the federal reserve bank of Kansas City, Missouri; or with primary government securities dealers which report to the market report division of the federal reserve bank of New York, or any broker-dealer engaged in the business of selling government securities which is registered in compliance with the requirements of section 15 or 15C of the securities exchange act of 1934 and registered pursuant to K.S.A. 17-12a401, and amendments thereto;
   1. in the municipal investment pool fund established in K.S.A. 12-1677a, and amendments thereto;
   2. in the investments authorized and in accordance with the conditions prescribed in K.S.A. 12-1677b, and amendments thereto; or
   3. in multiple municipal client investment pools managed by the trust departments of banks which have main or branch offices located in the county or counties where such investing governmental unit is located or with trust companies incorporated under the laws of this state which have contracted to provide trust services under the provisions of K.S.A. 9-2107, and amendments thereto, with banks which have main or branch offices located in the county or counties in which such investing governmental unit is located. Public moneys invested under this paragraph shall be secured in the same manner as provided for under K.S.A. 9-1402, and amendments thereto. Pooled investments of public moneys made by trust departments under this paragraph shall be subject to the same terms, conditions and limitations as are applicable to the municipal investment pool established by K.S.A. 12-1677a, and amendments thereto.
4. The investments authorized in paragraphs (4), (5), (6) or (7) of subsection (b) shall be utilized only if the banks, savings and loan associations and savings banks eligible for investments authorized in paragraph (2) of subsection (b), cannot or will not make the investments authorized in paragraph (2) of subsection (b) available to the investing governmental unit at interest rates equal to or greater than the investment rate, as defined in subsection (g) of K.S.A. 12-1675a, and amendments thereto.
   1. In selecting a depository pursuant to paragraph (2) of subsection (b), if a bank, savings and loan association or savings bank eligible for an investment deposit thereunder has an office located in the investing governmental unit and such financial institution will make such deposits available to the investing governmental unit at interest rates equal to or greater than the investment rate, as defined in subsection (g) of K.S.A. 12-1675a, and amendments thereto, and such financial institution otherwise qualifies for such deposit, the investing governmental unit shall select one or more of such eligible financial institutions for deposit of funds pursuant to this section. If no such financial institution qualifies for such deposits, the investing governmental unit shall select for such deposits one or more eligible banks, savings and loan associations or savings banks which have offices in the county or counties in which all or a part of such investing governmental unit is located which will make such deposits available to the investing governmental unit at interest rates equal to or greater than the investment rate, as defined in subsection (g) of K.S.A. 12-1675a, and amendments thereto, and which otherwise qualify for such deposits.     
      (1) All security purchases and repurchase agreements shall occur on a delivery versus payment basis.
      (2) All securities, including those acquired by repurchase agreements, shall be perfected in the name of the investing governmental unit and shall be delivered to the purchaser or a third-party custodian which may be the state treasurer.

1. For the relief of any member of the fire department of such city, township, county or fire district when injured or physically disabled in or by reason of the discharge of such member's duties as a firefighter;
2. For the payment of a death benefit when any member of such fire department is killed in the discharge of such member's duties as a firefighter, or who dies from the effect of injuries so received or from disease contracted by reason of such member's duties as a firefighter, to the beneficiary or beneficiaries as designated by the member or, in the event that no beneficiary has been designated to receive such death benefit, to the following persons in the following priority:
   1. If there is a spouse and there are no natural or adopted children of the deceased member, the death benefit shall be for the spouse;
   2. if there are one or more natural or adopted children and spouse of the deceased member, 1/2 of the death benefit shall be for the spouse and the remaining 1/2 of the death benefit shall be for the children, in equal shares thereof;
   3. if there are one or more natural or adopted children and there is no spouse of the deceased member, the death benefit shall be for the children, in equal shares thereof;
   4. if there is a father or mother, or both, and there are no natural or adopted children and no spouse of the deceased member, the death benefit shall be for the father or mother, or to both in equal shares thereof if there are both;
   5. if there are one or more siblings and there is no father or mother or spouse and there are no natural or adopted children of the deceased member, the death benefit shall be for the siblings, in equal shares thereof; and
   6. if there are no siblings, no father or mother, no natural or adopted children and no spouse of the deceased member, the death benefit shall be for the estate of the deceased member.
3. For the payment of the necessary funeral expenses of any member of such fire department when killed in the discharge of such duties as a firefighter, or in the case of death resulting from injuries so received or disease contracted by reason of such member's duties as a firefighter;
4. For the further purpose of paying a pension to members of full-paid fire departments who are unfit for service after having served for a period of not less than 20 years with the department, such pension not to exceed 1/2 of the monthly salary at the date of retirement; or
5. For the purchase of insurance which would provide for any or all of the foregoing purposes for which such fund is authorized to be expended.
6. In any city of the second class which maintains a fire department consisting of both salaried and volunteer firefighters, such moneys may be expended for the purchase of, or payment of premiums on, policies of life, accident, or accident and health insurance upon members of the fire department of such city, which policies may be owned either by the firefighters relief association of such city or by the individual members thereof but, before any premium is paid on such policies of insurance, the provisions thereof shall be approved by such firefighters relief association as suitable to carry out the objects for which such association was established.
7. In any fire department consisting of volunteer firefighters, such moneys may be used to establish an annuity for each firefighter who served for not less than 20 years with such fire department and who attended and fought not less than 75% of the fires which were attended by such fire department during such period of time and which the firefighter was available to attend, as verified by the governing body of such fire department, but such annuity shall not exceed the amount paid to fully paid members of fire departments of comparable size to such volunteer department. In any full-paid or any volunteer fire department such moneys may be expended for the purchase of group term, group permanent or individual permanent life insurance contracts for members of such department. Any benefits or coverage accruing to individual members of the department under such policies shall be and shall remain the property of the firefighters relief association except as follows:
   (A)   A member that has completed 10 years of service with the department and has been covered under such policy for a continuous period of not less than five years, a member who suffers a total and permanent disability or death, or a member who retires under the retirement plan in effect for the fire department, shall, upon termination of employment, be entitled to any benefits or coverage available to an individual member under the provisions of the contract; and
   (B)   A member that has not fulfilled one of the requirements set forth in paragraph (A) of this subsection (c)(1) shall, upon termination of employment, be entitled to the same proportion of benefits or coverage available to an individual member as such member's individual premium contributions bear to the total premiums paid on the policy at the time of termination. Any additional coverage or benefits may be obtained by reimbursing the firefighters relief association an equitable and reasonable amount in accordance with procedures set forth in the bylaws of the association.
   To summarize, those FFs who meet the 10 years of service with 5 years coverage under the same policy are authorized, at termination, for transfer of ownership of the policy.  There is no requirement for the FF to purchase the FRA's share of the benefits. If the FF does not meet the 10/5 requirement the FF is entitled to his/her proportionate share (Example, the FF paid 15% of the premiums then he/she would be entitled to 15% of the cash value.)   The cash value (if any) remains in possession of the FRA, however the FF can pay the cash value amount to the FRA and can then be eligible for transfer of ownership of the policy. 
8. The cost of the bond for the treasurer of a firefighter's relief association, as prescribed by K.S.A. 40-1706, and reasonable administrative expenses, to be determined at the discretion of the commissioner of insurance, including stamps, stationery, safe deposit box rent, the expense of having the funds of the association audited, and other similar expenses, shall be permissible disbursements from the firefighter's relief funds. Each expenditure shall be itemized in the financial statement. (Authorized by K.S.A. 40-103, 40-1707(g); implementing K.S.A. 40-1707(g); effective Jan. 1, 1966; amended May 1, 1979; amended May 1, 1986; amended Oct. 17, 1997.)  K.A.R. 40-10-10  Firefighter's relief association; permissible disbursements.
9. Firefighters Relief Funds may not be expended for any purpose not enumerated previously.
   1. Specifically the fund may not be used for:
      (1) Expenses of members attending conventions, training or seminars.
      (2) Donations to cities, townships, counties or fire districts.
      (3) Dues to the Kansas State Firefighters Association, Inc.
      (4) Purchase or cleaning of clothing.
      (5)  Banquets, luncheons, dances, etc.
      (6)  Capital expenditures (equipment, protective clothing, motor vehicles.)
      (7)  Personal Loans
      (8)  Training Manual, magazines or periodicals
   2. The use of funds for any purpose contrary to the provisions of the Firefighters Relief Act will subject the Association to loss of any further distribution of receipts from the Firefighters Relief tax until restitution is made.
   3. Misuse of Association funds must be reported by the Insurance Commissioner to the   County Attorney of the County wherein the Association is located.
      (1) It is the duty of the County Attorney to institute proceedings for recovery of the misused funds.
      (2) Distribution can be made again only when the County Attorney notifies the Commissioner of Insurance that the condition of the Association has been corrected.

• In all cases involving expenditures or payments in an amount of $1,500 or more prior certification shall be obtained from an attorney designated by the governing body of the city, township, county or fire district that such expenditure or payment complies with the requirements of the firefighters relief act. Such certification is to be filed with the requesting FRA.

• Financial statements will be submitted annually to the Kansas Insurance Department utilizing the Online Submission Program for those FRAs that have computer and internet access. The website can be found at www.ksinsurance.org/secure/FRAOnline/

• For those FRAs that do not have internet or computer access a paper version (pg 39 & 40) must be submitted to the Kansas Insurance Department.  Either submission (electronic or paper  version) must be submitted on or before April 1of each year. Copies of a verified account  (bank statements) showing in full receipts and disbursements and general condition of the Firefighters Relief tax funds received by the association for the year ending on the preceding December 31 must be submitted to the Kansas Insurance Department by either:
  1. Mail:  Commissioner of Insurance
     420 SW 9th St
     Topeka, Ks  66612
  2. Fax: (785) 291-3673
  3. Scanned and Emailed to the Kansas Insurance Department at: commissioner@ksinsurance.org

Requirements for Requesting a Redetermination:

1. You must have a “change in circumstances” in order to apply.
   1. Apply to the Commissioner of Insurance prior to October 1 (of any year) but not more than once every 3 years.
2. An Affidavit form will then need to be completed and sent back to the Commissioner of Insurance.  This will allow the KID Firefighter Relief Act Administrator to testify on your behalf.
3. A Population and Assessed Tangible Property form (page 38) will need to be certified by the County Clerk and then sent back to the Commissioner of Insurance.
   1. The population will be computed using the most recent figures available from the US Bureau of the Census that is certified by the Secretary of State by the division of budget on July 1 of each year.
   2. The Assessed Tangible Valuation will be as shown on the latest November 1 assessment roll maintained by the County Clerk. Tax exempt properties are not to be included.
4. You will be redetermined on both population and assessed tangible property. 
5. Both Affidavit, Population and Assessed Tangible Property forms are to be submitted prior to the Redetermination Hearing. 
   1. The Redetermination Hearing will be conducted usually during the 3rd week of November, but in all cases it will be prior to December 1, in accordance with K.S.A. 1706 (c) (6)
6. A map of the Fire District boundaries serviced by the FRA along with the legal description must be submitted prior to the hearing.
7. You may be present during the  redetermination hearing if you desire, however the signed affidavit will allow the FRA Administrator to testify on your behalf.

Procedure for consolidating fire districts as per Kansas Statute

There are a few different ways in which fire districts may consolidate in the state of Kansas and the governing body designated attorney can determine the best way for this to occur based on local circumstances.  One mechanism to consolidate fire districts is identified below:

1. 12-3911.   Same; districts or departments; initiation of procedure.  Upon the request of the governing body of two or more fire districts or departments, the board of county commissioners of any county, by resolution, may provide for the consolidation of fire districts and may include within the newly created district any area not currently being provided fire protection.
2. 12-3912.   Same; districts or departments in adjoining counties. If the fire districts or departments desiring to be consolidated consist of land in adjoining counties, the county commissions of both counties, by resolution, may create a new district under the provisions of this act.
3. 12-3913.   (a) Same; procedure; resolution, publication; election, when; effective date; initial mill levy of new district. (a) The resolution creating a consolidated fire district as provided by this act, shall be published at least once each week for two consecutive weeks in a newspaper of general circulation in the area subject to the proposed consolidation. If within 60 days following the last publication of the resolution, a petition in opposition thereto, signed by not less than 5% of the registered voters residing within each of the two or more areas proposed for consolidation is filed with the county election officer, the board shall order an election to be called and held within the areas proposed to be consolidated within 90 days after the filing of such petition in the manner provided for the calling and holding of elections under the general bond law. If a majority of the electors voting at such election shall approve the consolidation of such areas the board of county commissioners, by resolution, shall provide for the consolidation of such areas and define the boundaries of the area as consolidated. Any such consolidation shall be made prior to July 1 of any year to take effect on January 1 of the succeeding year.
   (b) Any resolution creating a consolidated fire district shall provide for the dissolution or disorganization of the fire districts as they existed prior to the effective date of the creation of a consolidated fire district. The resolution creating a consolidated fire district also shall fix the amount of tax, not to exceed 15 mills, that may be levied by the governing body of the consolidated fire district.
4. 12-3915.   Same; governing body of consolidated district, powers and duties. The governing body of any fire district created pursuant to this act shall have the authority to:
   1. (a) Levy taxes and special assessments as provided by law. Except as provided by K.S.A. 12-3913, and amendments thereto, the governing body shall fix the amount of the tax, not to exceed 15 mills, to be levied upon all taxable tangible property in the consolidated fire district;
   2. (b) enter into contracts;
   3. (c) acquire and dispose of real and personal property;
   4. (d) acquire, construct, reconstruct, equip, operate, maintain and furnish buildings to house fire-fighting equipment;
   5. (e) acquire, operate and maintain fire-fighting equipment;
   6. (f) issue general obligation bonds and no-fund warrants;
   7. (g) pay compensation and salaries to fire district employees;
   8. (h) exercise eminent domain;
   9. (i) pay the operation and maintenance expenses of the fire district and other  expenses legally incurred by the district;
   10. (j) select regular employees, provide for their compensation and furnish quarters for  such employees if deemed desirable;
   11. (k) provide for the organization of volunteer members who may be compensated for fighting fires, responding to emergencies or attending meetings;
   12. (l) provide special clothing and equipment for such employees and volunteers;
   13. (m) insure such employees and volunteers against accidental death and injury in the performance of their duties;
   14. (n) pay for the acquisition, installation or maintenance of one or more fire hydrants, or similar devices for fighting fires, including necessary equipment, services or supplies related thereto.
   15. The acquisition, installation and maintenance shall be subject to the mutual agreement of the governing body of the fire district and the governing body of the rural water district which owns, operates or maintains the water line on which the fire hydrant, or other similar device for fighting fires, is to be installed; and
   16. (o) do all things necessary or desirable to maintain and operate such department so as to furnish fire protection for the inhabitants of the district and otherwise effectuate the purposes of this act.
5. 12-3916.   Same; transfer of property; payment of outstanding indebtedness; transfer of debt service fund. (a) Subject to the provisions of subsection (b), the books, papers, equipment and other real and personal property belonging to the departments consolidated pursuant to this act shall be transferred to and shall become the property of the consolidated district, subject to any debts, leases or other obligations that encumber such property.
   (b)  All funds in the treasury of any such fire district on the effective date of consolidation may be applied to the payment of any outstanding indebtedness, including bonded indebtedness, of such fire district, and may be transferred to the treasury of the newly created consolidated fire district as determined by the board of county commissioners. Any debt service fund of such fire district at the time of consolidation may be transferred to the newly created consolidated fire district. Any money transferred from the debt service fund of the fire district shall be credited to a debt service fund in the newly created consolidated fire district. The debt service fund of the newly created consolidated fire district shall be kept separate from any other debt service fund.
6. 12-3917. Same; outstanding indebtedness; tax levy for payment of. If any fire district, at the time of such consolidation, has any outstanding indebtedness, it shall be the duty of the board of county commissioners of the county to provide for the payment of such outstanding indebtedness by providing for the levying of taxes upon all the property in that district prior to the consolidation with another district. The levy shall be entered by the county clerk on the tax roll the same as other taxes.
7. 12-3918. Same; effect on firefighters' retirement or other benefits. The consolidation of any fire district under the provisions of this act shall not affect the rights of any firefighter serving in the department of such district to benefits under any retirement or relief association program accrued prior to the consolidation, however the newly created consolidated fire district may provide different benefits than those previously provided to the employees of the fire districts or departments that are consolidated.

1. FRAs may not merge unless there is a consolidation of the corresponding fire districts. 
2. The attorney(s) for the governing bodies will determine whether the FRAs should merge or if one should transfer funds and obligations to the other FRA and then dissolve.
   1. In either case, appropriate legal documents must be approved by the Kansas Insurance Department and filed with the Secretary of State.
   2. The attorney will determine if one of the FRAs may dissolve utilizing:
      (1).  Not For Profit Corporation Dissolution by Members' Meeting (NM Form) http://www.kssos.org/forms/business_services/NM.pdf
      (2).  Not For Profit Corporation Dissolution by Written Consent (NW form) http://www.kssos.org/forms/business_services/NW.pdf 
3. In addition, KID needs a map of the new district showing the boundaries and location of the fire station(s)
4. Evidence of the fund transfer is to be forwarded to the Kansas Insurance  Department.
5. Any member of either association becomes a member of the new or surviving association
6. Changes to Bylaws are to be submitted to the Kansas Insurance Department.
7. Updated Electronic Deposit and W-9 Forms submitted to the Kansas Insurance Department.
8. Updated contact information submitting to the Kansas Insurance Department including:
   1. President
   2. Vice President
   3. Treasurer
   4. Membership (list only) 

• The FRA must serve a single fire department.

• As long as each department has its own FRA.

Procedure for dissolving an FRA (for whatever reason) involves the following:

1. Contact and coordinate with the governing body of the FRA
1. Consult with the governing body designated attorney
2. Contact Kansas Insurance Department Firefighter Relief Act Administrator
3. File for a Dissolution of Charter with Secretary of State Office at120 SW 10th Ave, Topeka, Ks 66612 or on the their website at
   http://www.kssos.org/forms/business_services/NM.pdf  or
   http://www.kssos.org/forms/business_services/NW.pdf
4. Submit a signed certified copy from the Secretary of State of the Dissolution of Charter to the Kansas Insurance Department.
5. County Attorney to transfer all Firefighter Relief Association funds to the Kansas Insurance Department.

Associations may compensate the treasurer and this expenditure will be determined appropriate on a case by case basis as to whether or not it is authorized by the Commissioner of Insurance.

• The FRA should first contact their designated governing body attorney prior to any activity that may be in conflict with the Firefighter Relief Act.

The fire department should immediately notify the Kansas State Fire Marshal's Office at (785) 296-3401.

The fire department should then call the Kansas State Firefighters Association at (620) 431-0303. Alternate phone numbers: (316) 215-2454 or (785) 230-2307.

• (A) A member that has completed 10 years of service with the department and has been covered under such policy for a continuous period of not less than five years, a member who suffers a total and permanent disability or death, or a member who retires under the retirement plan in effect for the fire department, shall, upon termination of employment, be entitled to any benefits or coverage available to an individual member under the provisions of the contract; and
• (B) A member that has not fulfilled one of the requirements set forth in paragraph (A) of this subsection (c)(1) shall, upon termination of employment, be entitled to the same proportion of benefits or coverage available to an individual member as such member's individual premium contributions bear to the total premiums paid on the policy at the time of termination. Any additional coverage or benefits may be obtained by reimbursing the firefighters relief association an equitable and reasonable amount in accordance with procedures set forth in the bylaws of the association.
• To summarize, those FFs who meet the 10 years of service with 5 years coverage under the same policy are authorized, at termination, for transfer of ownership of the policy. There is no requirement for the FF to purchase the FRA's share of the benefits.
• If the FF does not meet the 10/5 requirement the FF is entitled to his/her proportionate share. (Example, if the FF paid 15% of the premiums then he/she would be entitled to 15% of the cash value.) The cash value (if any) remains in possession of the FRA, however the FF can pay the cash value amount to the FRA and can then be eligible for transfer of ownership of the policy.

• A member of a fire department is protected by the relief act from the first day of service regardless of any probation status. There is no "Opt Out" provision in the relief act and each firefighter must be treated equally in terms of benefits, amounts of coverage or premium contributions. Should a firefighter be denied coverage by an insurance provider then other means to obtain equivalent comparable benefits mush be provided.