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�viE`ioa�huu�t <br />F.aCTS: <br />This case raises the issue of whether a firefighter may simultaneously receive pension <br />credit for salaried and volunteer work The five individual Plaintiffs ("Plaintiffs") in this case are <br />full-time firefighters for the Defendant City of Hastings and also belong to the Plaintiff Hastings <br />F i r� Defendant Relief Association ("Hastings Relief Association"). As employees of the <br />Hastings Fire Department, Plaintiffs are required to respond to emergency ca11s as required while <br />they are in-service, attend required training and drills and, except as otherwise approved by the <br />Chief and Membership Committee, reside within the Hastings Fire Department's service area. <br />(See Hastings Fire Department Rules and Regulations, Section IV). Fire Department employees <br />are permitted to miss only 10 percent of emergency calls, while they're in-sewice, per quarter. <br />(See, Hastings Fire Department Rules and Regulations, Section �. <br />According to the Rules, a firefighter is "in-service" " any time period that any active <br />member is a�:ailable to respond to all emergency situations when called, or other duties that may <br />e�ist from time to time. This is determined by the daily availability roster kept by the <br />dispatcher." (See Hastings Fire Department Rules and Regulations, Section I, 5). The Rules <br />expressly pennit volunteer firefighters who otherwise meet a11 of the rules and regulations set <br />forth by the Membership Committee to qualify as active members of the Hastings Fire <br />Department. <br />The Hastings Relief Association was formed in 1928 and governed by written By-laws. <br />According to the By-laws, any "regular active member of the Hastings Fire Department who is <br />