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Suhd. 2b. Excluded employees. The follo��-ing public employees shall not participate as <br />members of the association with retirement coverage by the public employees retirement <br />plan or the public employees police and fire retirement plan: <br />duties; <br />(I 6) except as provided in section 353.57, volunteer firefighters, as defined in <br />subdivision 36, engaging in activities undertaken as part of volunteer firefighter <br />provided that a person who is a volunteer firefighter may still qualify as a public <br />employee ... on the basis of compensation received from public employment <br />activities other than those as a volunteer firefighter .... <br />Minn. Stat. � 353.01, subd. 2b (16). Chapter 353 defines "volunteer firefighter" as follows: <br />For purposes of this chapter, a person is considered a`volunteer firefighter' for all service <br />for which the person receives credit in an association or fund operating under chapter <br />424A. <br />fVlinn. Stat. � 353.01, subd. 36. <br />The Legislature did not enact similar exclusionary language in the conte�t of the <br />firefighters' Relief Association pension statutes. There is no statute that specifically addresses <br />the issue of whether salaried firefighters are barred from receiving association pension credit. <br />As required by law, the Hastings Relief Association filed lnnttal reports with the State <br />Auditor's Office. These reports included schedules listing the Plaintiffs and the service credit <br />at�:tcded them for complying ���ith the by-law requirements for active service. In addition to <br />tiling these reports, the Hastings Relief Association contacted the Legislative Commission on <br />Pensions and Retirement shortly after the 1989 amendments to PERA were enacted to ascertain <br />whether a paid firefighter and a member of a volunteer firefighter relief association could receive <br />pension credits under both PERA and the Hastings Relief Association. The record demonstrates <br />ongoing dialogue between the Hastings Relief Association, the Attorney General's Office and <br />