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2002_1202_packet
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Likewise, in the present case, the State Defendants did not follow a judicial process for <br />finding facts and reaching a legal conclusion. The State Defendants learned that Plaintiffs had <br />received PERA service credit at the same time they received annual service credit through the <br />Hastings Relief Association. There is no evidence the State Defendants undertook any specific <br />factual in��estigation ���ith respect to Plaintiffs' firefighter service or considered legal arguments <br />from competing parties. Rather, the State Defendants' acts would be considered legislative or <br />administrative in nature. In both cases, review by certiorari is not available. See Western Area <br />Business and Civic Club v. Duluth School Board Independent District No. 709, 324 N. W.2d 361, <br />364 (Minn. 1982). <br />3. The individual plaintiffs are entitled to receive pension service credits through <br />the Hastings Relief Association for the period of 1990 to 1997. <br />The issue in this case is apparently one of first impression. While the 1989 pE� <br />amendment clearly precludes firefighters from obtaining PERA pension credit for work they <br />perform in connection with their volunteer duties, Minn. Stat. � 424A does not prohibit <br />volunteers fram receiving relief association pension credit �cith respect to work they perform as a <br />salaried tire department employee. There is no case law addressing this alleged inconsistency. <br />The State Defendants argue that the dual pension situation that e�sts in this case is inconsistent <br />�� ith the goal of the 1989 PERq amendment and that allowing Plaintiffs to obtain service credit <br />under both systems amounts to impermissible "double dipping". <br />The parties agree this case does not present a PERA issue. Indeed, PER4 chose not to <br />reimburse the City of Hastings and Plaintiffs for the PERA contributions they made in <br />connection with unscheduled, non-mandatory overtime work. pERA is, apparently, willing to <br />�I <br />
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