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A municipality which has adopted 1937 PA 345, may not agree in a collective bargaining agreement to pay the 5% member contributions for members of the retirement system._x001D_A full-time member of a fire department is entitled to receive service credit for all 'paid service' as a fireman performed for a municipality._x001D_Where a municipality, in lieu of payment of wages to a volunteer fireman for services, pays a sum of money to a fire fighters association, this arrangement does not qualify as 'paid service' for the purposes of retirement credit. This would not prevent a volunteer fireman who is paid compensation for his or her services from turning all or a portion of it over to a fire fighters association and thereby receiving retirement credit during the period for which he or she was paid.
Volunteer firemen and auxiliary policemen are not employees of a city when offering services on an informal basis without compensation and without control by the city. Conversely, however, where a volunteer fire department or an auxiliary police force is established as an official agency of the municipality to provide fire or police protection, they are employees and it would be incompatible for a member of the volunteer force to serve as an official who reviews the work or determines the compensation and conditions of service of such persons._x001D_Although volunteer firemen or auxiliary policemen who are not members of an official organized volunteer force are not employees or officers so as to create incompatibility of office, they have a sufficient contractual relationship with the municipality to require compliance with the conflict of interest law, 1968 PA 317._x001D_Where volunteer firemen and auxiliary policemen who are not employees provide services at the invitation of a public agency, the public agency, by reason of its invitation, incurs the same liability as service by its employees. Where liability is based upon negligence in the course of official duties, however, the governmental unit may avail itself of the defense of governmental immunity.
Volunteer firemen driving authorized emergency vehicles using emergency lights and sirens may travel through other governmental units to respond to emergency calls.
The personnel of a township volunteer fire department, not being authorized to make final decisions on applications for membership in the fire department, are not a public body required to meet in an open meeting under the Open Meetings Act.
The positions of city councilperson and paid volunteer firefighter for the same city are compatible in a city with a population of less than 25,000, provided the individual is not a full-time firefighter, is not the fire chief and does not participate in negotiations with the city on behalf of the firefighters.
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