Kelley v. Tracy Fire Department Relief Ass'n

OPINION

RANDALL, Judge.

This is an appeal from summary judgment entered awarding appellant Dick Kelley $4,000 as a pension benefit from respondent Tracy Fire Department Relief Association and thereby denying his claim to be entitled to a greater amount. We reverse and remand.

*396FACTS

Kelley was a firefighter with the Tracy Fire Department and began service in 1955. In 1958, he joined the respondent Relief Association, which provides disability and death benefits, as well as pensions, to its members, in accordance with state law. Minn.Stat. § 69.06 (repealed in 1979 by 1979 Minn.Laws 201, § 44);…