# Title 18 — Fires

## Chapter 18-05 — Firefighters Relief Association and Pension Fund

### § 18-05-01. Firefighters relief association - Where it may be organized.

A firefighters relief 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 and officers, 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; and
2. From funds received from the state.
### § 18-05-03. Treasurer of relief association to furnish bond.

Before entering upon the duties 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, or rural

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 relief

association.
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 relief

from 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:
a. Has reached the age of fifty years; and
b. 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 back

assessments.
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 on probation, 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.

The qualifications 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, § 2.
### § 18-05-12. Secretary and treasurer of firefighters relief association to prepare report -

Contents - Filing.
The secretary and treasurer of every firefighters relief association shall prepare annually a
report of all the receipts and expenditures of the association for the previous year showing the
source of all receipts and for what purpose and to whom any money was paid and expended.
The report must be filed in the office of the city auditor of the municipality wherein the
association is situated or in the case of a rural fire department or rural fire protection district, the
office of the county auditor of the county in which the rural fire department or rural fire protection

district is located, and a duplicate of the report must be filed with the office of management and
budget before any money may be paid to the relief association.
### § 18-05-13. Audit of books of relief association - Report of unauthorized spending to

governor - Duty of governor.
The books and accounts of the secretary and treasurer of each firefighters relief association
receiving funds under the provisions of this chapter must be audited as required by section
### § 54-10-14. If the money, or any part of it, has been or is being expended for unauthorized

purposes, the facts must be reported to the governor. Thereupon, the governor shall direct the
office of management and budget not to prepare any warrants for the benefits of the fire
department or relief association of the municipality, rural fire department, or rural fire protection
district in which the association is organized until it appears to the state auditor, who shall report
the fact to the governor, that all moneys wrongfully expended have been replaced. The governor
may take such further action as the emergency may demand.
