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City Council Study Session - 09/18/06 Minutes - Page 9 Fire Chief would take action within the next three (3) months to propose a by law revision to address the double pension benefit, to be voted on at the next membership meeting of the Firefighters Relief Association. Roll Call [Original Motion as Amended] Ayes: Ihlan; Pust and Klausing. Nays: Maschka and Kough. Councilmember Pust further referenced subsequent written communication to the City Council from Fire Chief Gasaway, dated August 15,2006. Councilmember Pust noted that her previous support of the motion was based on testimony of the Fire Chief related to cost-savings resulting from reduced training costs; and her ongoing support of the City's firefighters and public safety employees and their service to the community. Councilmember Pust addressed concerns, and statutory requirements, related to pension benefits of public employees; public perceptions; and court findings; potential need to revise State Statute and/or change Fire Relief Association bylaws. Councilmember Pust deferred to City Attorney Anderson for his legal interpretation of current law related to the "double dipping" in retirement funds. City Attorney Anderson reviewed the issue; legal impediments; those current employees vested under either retirement plan; and case law supporting such a by-law revision as proposed, and impacts to current and future employees. Mr. Anderson reviewed case law related to employee retirement benefits; equitable practices; and the need to more fully-analyze contract theory. Mr. Anderson opined that, at this time, it would create more problems that it would solve to rescind the original motion from the August 14,2006 meeting. Discussion included a Fire Association by-law change going forward, without impacting current beneficiaries; the need to maintain daytime coverage; and policy ramifications.