HF 1495

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to retirement; Public Employees Retirement Association police and fire
plan; authorizing survivor benefit for the survivor of a deceased member.

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

Section 1. new text begin SURVIVOR BENEFIT FOR DECEASED PUBLIC EMPLOYEES
RETIREMENT ASSOCIATION POLICE AND FIRE PLAN MEMBER.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin An eligible individual under subdivision 2 is eligible to
receive the benefit specified in subdivision 3 upon satisfying requirements specified in
subdivision 4.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility. new text end

new text begin An eligible individual is a member of the Public Employees
Retirement Association general plan and a surviving spouse of a deceased previous
member of the Public Employees Retirement Association police and fire plan who: (1)
was born on October 10, 1933; (2) was injured on April 29, 1977, while performing
duties as the chief of police for the city of Hayfield; (3) applied for disability benefits on
April 17, 1978; (4) was denied disability benefits by the Public Employees Retirement
Association board of trustees based on all available medical evidence and the advice of
the board's medical advisor on September 6, 1978; (5) received a refund of employee
contributions to the Public Employees Retirement Association police and fire plan; and (6)
died on March 13, 1999.
new text end

new text begin Subd. 3. new text end

new text begin Benefit amount. new text end

new text begin An annuity is payable to the eligible individual under
subdivision 2, computed assuming the deceased police officer had elected a 100 percent
joint-and-survivor annuity. The annuity accrues from the effective date of this section.
Any amounts representing monthly annuity payments prior to the date all requirements
under subdivision 4 are met are payable as a lump sum amount payable on the first
of the month following the date all requirements under subdivision 4 are met. The
executive director is authorized to transfer assets representing the full actuarial reserves
for the annuity authorized under this subdivision from the Public Employees Retirement
Association police and fire fund to the Minnesota postretirement investment fund.
new text end

new text begin Subd. 4. new text end

new text begin Commissioner of health review; other requirements. new text end

new text begin (a) The
commissioner of health shall review the autopsy of the deceased previous member and
all related medical records provided by the eligible individual, to determine whether the
previous member of the Public Employees Retirement Association police and fire fund
plan described in subdivision 2 would have been disabled as a result of the April 29, 1977,
injury. The findings of the commissioner are subject to further administrative or judicial
review or appeal. The findings must be filed with the executive director of the Public
Employees Retirement Association, the eligible individual under subdivision 2, and the
executive director of the Legislative Commission on Pensions and Retirement.
new text end

new text begin (b) Benefits are payable under this section if the board of trustees approves payment
after considering the determination of the commissioner of health within 60 days of
receiving the commissioner's determination under this section.
new text end

new text begin (c) When the eligible individual applies for retirement or reaches normal retirement
age, whichever is sooner, the benefit payable to the individual shall be the higher of
the survivor benefit payable under this section or the individual's retirement benefit
determined at that time.
new text end

new text begin (d) The eligible individual under subdivision 2 must provide the executive director
of the Public Employees Retirement Association with all relevant documentation to verify
that all remaining eligibility requirements in this section are satisfied and with any other
applicable information that the executive director may request.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective the day following final enactment.
new text end