1.1 	A bill for an act
1.2 	relating to pensions; police and fire fund; extending
1.3 	eligibility for survivor benefits by broadening the
1.4 	definition of active duty to include pension fund
1.5 	members in active military service; amending Minnesota
1.6 	Statutes 2004, section 353.657, subdivision 1.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2004, section 353.657,
1.9 	subdivision 1, is amended to read:
1.10 		Subdivision 1.Generally.  In the event a member of the
1.11 	police and fire fund dies from any cause before retirement or
1.12 	after becoming disabled and receiving disability benefits, the
1.13 	association shall grant survivor benefits to a surviving spouse,
1.14 	as defined in section 353.01, subdivision 20, and who was
1.15 	married to the member for a period of at least one year, except
1.16 	that if death occurs in the line of duty no time limit is
1.17 	required. For purposes of this section, line of duty also
1.18 	includes active military service, as defined in section 190.05,
1.19 	subdivision 5.The association shall also grant survivor
1.20 	benefits to a dependent child or children, as defined in section
1.21 	353.01, subdivision 15.
1.22 	Notwithstanding the definition of surviving spouse, a
1.23 	former spouse of the member, if any, is entitled to a portion of
1.24 	the monthly surviving spouse benefit if stipulated under the
1.25 	terms of a marriage dissolution decree filed with the
1.26 	association.  If there is no surviving spouse or child or
2.1 	children, a former spouse may be entitled to a lump-sum refund
2.2 	payment under section 353.32, subdivision 1, if provided for in
2.3 	a marriage dissolution decree but not a monthly surviving spouse
2.4 	benefit despite the terms of a marriage dissolution decree filed
2.5 	with the association.
2.6 	The spouse and child or children are entitled to monthly
2.7 	benefits as provided in the following subdivisions.
2.8 	
EFFECTIVE DATE. This section is effective immediately and
2.9 	applies to members of the police and fire fund at any time on or
2.10 	after September 11, 2001.