HF 1467

as introduced - 87th Legislature (2011 - 2012) Posted on 04/14/2011 11:33am

A bill for an act
relating to retirement; providing for increased annuity for surviving spouse of
employee killed while engaged in emergency response to flooding.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin INCREASED ANNUITY FOR SURVIVING SPOUSE OF EMPLOYEE
KILLED WHILE ENGAGED IN EMERGENCY RESPONSE TO FLOODING.
new text end

new text begin (a) Notwithstanding Minnesota Statutes 2010, section 352.12, subdivision 2, a
surviving spouse or dependent child of an eligible person specified in paragraph (b) is
entitled to the benefit specified in paragraph (c).
new text end

new text begin (b) An eligible person is a person who:
new text end

new text begin (1) was born on November 7, 1971;
new text end

new text begin (2) began working for the state in September 2002; and
new text end

new text begin (3) was killed on March 22, 2011, while working as an employee of the Department
of Transportation attempting to alleviate damage from flooding by using a backhoe to clear
debris from a culvert that drains into the Minnesota River between St. Peter and Mankato.
new text end

new text begin (c) The monthly annuity payable to the surviving spouse of an eligible person
specified in paragraph (b) must not be less than 50 percent of the average monthly salary
of the eligible person. The monthly annuity payable to the dependent child of an eligible
person specified in paragraph (b) must not be less than ten percent of the average monthly
salary of the eligible person, except that the monthly benefit for the family of the eligible
person must not exceed 70 percent of the average monthly salary of the eligible person.
new text end

new text begin (d) A dependent child over 18 and under 23 years of age also may receive the
monthly benefit provided in this section if the child is continuously attending an accredited
school as a full-time student during the normal school year as determined by the director.
If the child does not continuously attend school, but separates from full-time attendance
during any part of a school year, the annuity must cease at the end of the month of
separation.
new text end

new text begin (e) Payments for the benefit of any dependent child must be made to the surviving
spouse or, if there is none, to the legal guardian of the child.
new text end

new text begin (f) "Average salary" has the meaning given in Minnesota Statutes 2010, section
352.01, subdivision 14a.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 22, 2011.
new text end