HF 2051

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to retirement; Duluth firefighter 
  1.3             consolidation account; providing for a surviving 
  1.4             spouse benefit increase; amending Minnesota Statutes 
  1.5             1998, section 353B.11, subdivision 3. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7                              ARTICLE 1 
  1.8                      SURVIVOR BENEFIT INCREASE 
  1.9      Section 1.  [DULUTH FIREFIGHTERS CONSOLIDATION ACCOUNT; 
  1.10  SURVIVOR BENEFIT INCREASE.] 
  1.11     (a) Notwithstanding any provision of law to the contrary, 
  1.12  the surviving spouse of a former Duluth firefighter who was once 
  1.13  a member of the Duluth fire department relief association, who 
  1.14  retired before January 31, 1993, and who elected the public 
  1.15  employees police and fire benefit plan following consolidation 
  1.16  under Minnesota Statutes, chapter 353A, is entitled to receive 
  1.17  50 percent of the retired firefighters' retirement annuity that 
  1.18  was payable for the month in which the retired firefighter died. 
  1.19     (b) The surviving spouse benefit under this section is in 
  1.20  lieu of any other survivor benefit payable to the person from 
  1.21  the Duluth firefighters consolidation account. 
  1.22     Sec. 2.  [EFFECTIVE DATE.] 
  1.23     Section 1 is effective on the day following approval by the 
  1.24  Duluth city council and compliance with Minnesota Statutes, 
  1.25  Section 645.021. 
  2.1                              ARTICLE 2 
  2.2                        CONFORMING AMENDMENTS 
  2.3      Section 1.  Minnesota Statutes 1998, section 353B.11, 
  2.4   subdivision 3, is amended to read: 
  2.5      Subd. 3.  [AMOUNT; SURVIVING SPOUSE BENEFIT.] (a) The 
  2.6   surviving spouse benefit shall be is 30 percent of the salary 
  2.7   base for the former members of the following consolidating 
  2.8   relief associations:  
  2.9      (1) Albert Lea firefighters relief association; 
  2.10     (2) Albert Lea police relief association; 
  2.11     (3) Anoka police relief association; 
  2.12     (4) Austin police relief association; 
  2.13     (5) Brainerd police benefit association; 
  2.14     (6) Crookston police relief association; 
  2.15     (7) Faribault fire department relief association; and 
  2.16     (8) West St. Paul firefighters relief association.  
  2.17     (b) The surviving spouse benefit shall be is 25 percent of 
  2.18  the salary base for the former members of the following 
  2.19  consolidating relief associations:  
  2.20     (1) Chisholm police relief association; 
  2.21     (2) Duluth firefighters relief association; 
  2.22     (3) Duluth police pension association; 
  2.23     (4) (3) Fairmont police benefit association; 
  2.24     (5) (4) Red Wing fire department relief association; 
  2.25     (6) (5) South St. Paul police relief association; and 
  2.26     (7) (6) West St. Paul police relief association. 
  2.27     (c) The surviving spouse benefit shall be is 24 percent of 
  2.28  the salary base for the former members of the following 
  2.29  consolidating relief associations: 
  2.30     (1) Fridley police pension association; 
  2.31     (2) Richfield police relief association; 
  2.32     (3) Rochester fire department relief association; 
  2.33     (4) Rochester police relief association; 
  2.34     (5) Winona fire department relief association; and 
  2.35     (6) Winona police relief association. 
  2.36     (d) The surviving spouse benefit shall be is 40 percent of 
  3.1   the salary base for the former members of the following 
  3.2   consolidating relief associations: 
  3.3      (1) Columbia Heights fire department relief association, 
  3.4   paid division; and 
  3.5      (2) New Ulm police relief association.  
  3.6      (e) The surviving spouse benefit shall be is $250 per month 
  3.7   for the former members of the following consolidating relief 
  3.8   associations: 
  3.9      (1) Hibbing firefighters relief association; and 
  3.10     (2) Hibbing police relief association. 
  3.11     (f) The surviving spouse benefit shall be is 23.75 percent 
  3.12  of the salary base for the former members of the following 
  3.13  consolidating relief associations: 
  3.14     (1) Crystal police relief associations; and 
  3.15     (2) Minneapolis police relief association.  
  3.16     (g) The surviving spouse benefit shall be is 32 percent of 
  3.17  the salary base for the former members of the following 
  3.18  consolidating relief associations: 
  3.19     (1) St. Cloud fire department relief association; and 
  3.20     (2) St. Cloud police relief association. 
  3.21     (h) The surviving spouse benefit shall be is one-half of 
  3.22  the service pension or disability benefit which the deceased 
  3.23  member was receiving as of the date of death, or of the service 
  3.24  pension which the deferred member would have been receiving if 
  3.25  the service pension had commenced as of the date of death or of 
  3.26  the service pension which the active member would have received 
  3.27  based on the greater of the allowable service credit of the 
  3.28  person as of the date of death or 20 years of allowable service 
  3.29  credit if the person would have been eligible as of the date of 
  3.30  death, for the former members of the following consolidating 
  3.31  relief associations: 
  3.32     (1) Virginia fire department relief association; and 
  3.33     (2) Virginia police relief association. 
  3.34     (i) The surviving spouse benefit shall be is the following 
  3.35  for the former members of the consolidating relief associations 
  3.36  as indicated: 
  4.1      (1) 30 percent of the salary base, reduced by any amount 
  4.2   awarded or payable from the service pension or disability 
  4.3   benefit of the deceased former firefighter to a former spouse of 
  4.4   the member by virtue of the legal dissolution of the member's 
  4.5   marriage to the former spouse if the surviving spouse married 
  4.6   the member after the time of separation from active service, 
  4.7   Austin firefighters relief association; 
  4.8      (2) 27.333 percent of the salary base, or one-half of the 
  4.9   service pension payable to or accrued by the deceased former 
  4.10  member, whichever is greater, Bloomington police relief 
  4.11  association; 
  4.12     (3) 72.25 percent of the salary base, Buhl police relief 
  4.13  association; 
  4.14     (4) 50 percent of the service pension which the active 
  4.15  member would have received based on allowable service credit to 
  4.16  the date of death and prospective service from the date of death 
  4.17  until the date on which the person would have attained the 
  4.18  normal retirement age, 50 percent of the service pension which 
  4.19  the deferred member would have been receiving if the service 
  4.20  pension had commenced as of the date of death or $175 per month 
  4.21  if the deceased member was receiving a service pension or 
  4.22  disability benefit as of the date of death, Chisholm 
  4.23  firefighters relief association; 
  4.24     (5) two-thirds of the service pension or disability benefit 
  4.25  which the deceased member was receiving as of the date of death, 
  4.26  or of the service pension which the deferred member would have 
  4.27  been receiving if the service pension had commenced as of the 
  4.28  date of death or of the service pension which the active member 
  4.29  would have received based on the greater of the allowable 
  4.30  service credit of the person as of the date of death or 20 years 
  4.31  of allowable service credit if the person would have been 
  4.32  eligible as of the date of death, Columbia Heights police relief 
  4.33  association; 
  4.34     (6) the greater of $300 per month or one-half of the 
  4.35  service pension or disability benefit which the deceased member 
  4.36  was receiving as of the date of death, or of the service pension 
  5.1   which the deferred member would have been receiving if the 
  5.2   service pension had commenced as of the date of death or of the 
  5.3   service pension which the active member would have received 
  5.4   based on the allowable service credit of the person as of the 
  5.5   date of death if the person would have been eligible as of the 
  5.6   date of death, Crookston fire department relief association; 
  5.7      (7) for surviving spouses of former firefighters who 
  5.8   retired after January 30, 1993, 25 percent of the salary base, 
  5.9   and for surviving spouses of former firefighters who retired 
  5.10  before January 31, 1993, one-half of the retired firefighters' 
  5.11  retirement annuity that was payable for the month in which the 
  5.12  retired firefighter died, Duluth firefighters relief 
  5.13  association; 
  5.14     (8) $100 per month, Faribault police benefit association; 
  5.15     (8) (9) 60 percent of the service pension or disability 
  5.16  benefit which the deceased member was receiving as of the date 
  5.17  of death, or of the service pension which the deferred member 
  5.18  would have been receiving if the service pension had commenced 
  5.19  as of the date of death or of the service pension which the 
  5.20  active member would have received based on the allowable service 
  5.21  credit of the person as of the date of death if the person would 
  5.22  have been eligible as of the date of death, Mankato fire 
  5.23  department relief association; 
  5.24     (9) (10) $175 per month, Mankato police benefit 
  5.25  association; 
  5.26     (10) (11) 26.25 percent of the salary base, Minneapolis 
  5.27  fire department relief association; 
  5.28     (11) (12) equal to the service pension or disability 
  5.29  benefit which the deceased member was receiving as of the date 
  5.30  of death, or of the service pension which the deferred member 
  5.31  would have been receiving if the service pension had commenced 
  5.32  as of the date of death or of the service pension which the 
  5.33  active member would have received based on the allowable service 
  5.34  credit of the person as of the date of death if the person would 
  5.35  have been eligible as of the date of death, Red Wing police 
  5.36  relief association; 
  6.1      (12) (13) 78.545 percent of the benefit amount payable 
  6.2   prior to the death of the deceased active, disabled, deferred, 
  6.3   or retired firefighter if that firefighter's benefit was 55 
  6.4   percent of salary or would have been 55 percent of salary if the 
  6.5   firefighter had survived to begin benefit receipt; or 80 percent 
  6.6   of the benefit amount payable prior to the death of the deceased 
  6.7   active, disabled, deferred, or retired firefighter if that 
  6.8   firefighter's benefit was 54 percent of salary or would have 
  6.9   been 54 percent of salary if the firefighter had survived to 
  6.10  begin benefit receipt, Richfield fire department relief 
  6.11  association; 
  6.12     (13) (14) 40 percent of the salary base for a surviving 
  6.13  spouse of a deceased active member, disabled member, or retired 
  6.14  or deferred member with at least 20 years of allowable service, 
  6.15  or the prorated portion of 40 percent of the salary base that 
  6.16  bears the same relationship to 40 percent that the deceased 
  6.17  member's years of allowable service bear to 20 years of 
  6.18  allowable service for the surviving spouse of a deceased retired 
  6.19  or deferred member with at least ten but less than 20 years of 
  6.20  allowable service, St. Louis Park fire department relief 
  6.21  association; 
  6.22     (14) (15) 26.6667 percent of the salary base, St. Louis 
  6.23  Park police relief association; 
  6.24     (15) (16) 27.5 percent of the salary base, St. Paul fire 
  6.25  department relief association; 
  6.26     (16) (17) 20 percent of the salary base, St. Paul police 
  6.27  relief association; and 
  6.28     (17) (18) 27 percent of the salary base, South St. Paul 
  6.29  firefighters relief association. 
  6.30     Sec. 2.  [EFFECTIVE DATE.] 
  6.31     Section 1 is effective on the same date as article 1, 
  6.32  section 1, is effective.