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Section 36 No Benefits for Active Members <br />No pension shall be paid to any active member of the Fire Department, and no recipients <br />of a pension shall be entitled to any other benefits from the Special Fund as hereinafter <br />defined, of the Association except as otherwise set forth in these Bylaws. Members of <br />the Roseville Fire Department who are in their probationary period shall have such time <br />included in determining total time for their pension. <br />Section 37 Benefit Payments Not Subject to Execution <br />No payments made or to be made by said Association to any member on the pension roll, <br />or other beneficiary, shall be subject to judgment, garnishment, execution or other legal <br />process, except pursuant to a Court Order or the laws of the State. Such payments are <br />not assignable, and the Association shall not recognize any assignment or pay any <br />money pursuant thereto. <br />Section 38 Temporary Disability Limitation <br />Every member of the Association who is temporarily disabled and is unable to perform <br />any and every duty pertaining to that member's usual occupation shall receive 1/30th of <br />the monthly 20 year pension per day for a period not to exceed 26 weeks, payable as <br />directed by the Board of Trustees; provided, however, that such sickness, disability or <br />injury was first exhibited, incurred or received while actually engaged in the performance <br />of duties as a firefighter of the City of Roseville or was directly attributable to the <br />performance of said duties. <br />Section 39 Injuries to Be Reported to the Relief Committee <br />Any member becoming temporarily disabled or receiving an injury in the manner set forth <br />in Section 38, shall report the same to the Relief Committee within thirty (30) days from <br />the beginning of the disability or of the event giving rise to the claim, in the same manner <br />as set forth in Section 29, above. The Relief Committee may deny a claim for failure to <br />file a timely application. <br />Section 40 Death Benefits - Causes During Active Duty <br />Upon the death of a member caused while acting and performing duties as a firefighter, <br />the Surviving Spouse, or if none, the member's estate, shall receive the sum of 10% of <br />the 20 year service pension; provided written notice of the injury and evidence of it as the <br />cause of death is given to the Board of Trustees within thirty (30) days after such injury. <br />Any payment made pursuant to the terms of this Section 40 shall not preclude a Surviving <br />Spouse, or if no spouse survives, a minor child or minor children from making any <br />application and receiving any additional benefits to which the Surviving Spouse or minor <br />children might otherwise be entitled pursuant to the terms of these Bylaws. <br />Section 41 Death Benefits - Causes Other Than During Active Duty <br />Upon the death of a member who does not qualify for a service pension by reason of <br />having less than 20 years of service in the Roseville Fire Department and less than 10 <br />years as a member of this AssociatiRn, from causes while not acting and performing <br />duties as a firefighter, the sum of 1/20t of the 20 year service pension per year of service <br />not to exceed the ten year vested pension for each year of service shall be paid to the <br />Surviving Spouse or if no spouse survives, a minor child or pro rata to the surviving minor <br />children. Year of service shall mean the quotient obtained by dividing total months of <br />service by twelve. A remainder of less than six months shall be disregarded, and a <br />remainder of six months or more shall be counted as one year. <br />0 <br />