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���aive any alleged violation of the 1)89 amendment. Any support for the State Defendants' <br />position, then, must come from the relief association statutes and the Hastings Relief Association <br />By-laws. <br />Minn. Stat. S 424A.02, subd. 1 provides, in pertinent part: <br />(a) A relief association, when its articles of incorporation or bylaws so provide, may pay <br />out of the assets of its special fi►nd a service pension to each of its members who <br />:. .•( 3) completes at least five years of active service as an active member of the <br />municipal fire department to which the relief association is associated; (4) completes <br />at least five years of active membership with the relief association before separation <br />from active sen►ice; and (5) complies with any additional conditions as to age, <br />service, and membership that are prescribed by the bylaws of the relief association. <br />Chapter 424A requires relief associations to provide pensions to individuals who are "partially <br />salaried and partially voluntee�" based on the years of service rather than the amount of <br />compensation paid to the member. Minn. Stat. S 424A.03, subd. 1. This section goes on to <br />specifically require relief associations to provide service pensions to its salaried members. Id. <br />Chapter �?4A is silent on the issue of inembers receiving both PERA and relief association <br />pension credit for the same service. <br />Until the Hastings Relief Association amended its By-laws in late 1997, the By-laws <br />were likewise silent as to whether members could accumulate relief association pension credit, <br />0�1 �t�l annual basis, for performing both salaried and volunteer duties. Membership in the <br />H as t i n�s Re I i e F Association recluired aC t t� e membership in the Hastings Fire Deparirnent, living <br />in Hastings and being available to ser��e 365 days a year. Members of the Hastings Relief <br />Association, including Plaintiffs, may "check out" for time spent on vacation and the like, but <br />these days are limited. The at�erage �'olunteer checks out only 20 days a year. No one has <br />1? <br />