HF 1941

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

A bill for an act
relating to retirement; clarifying and correcting surviving spouse benefit
provisions of the Minneapolis police relief association; amending Minnesota
Statutes 2006, section 423B.10, subdivision 1.

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

Section 1.

Minnesota Statutes 2006, section 423B.10, subdivision 1, is amended to read:

Subdivision 1.

Entitlement; benefit amount.

(a) The surviving spouse of a
deceased service pensioner, disability pensioner, deferred pensioner, superannuation
pensioner, or active member, who was the legally married spouse of the decedent, residing
with the decedent, and who was married while or before the time the decedent was on
the payroll of the police department, and who, if the deceased member was a service or
deferred pensioner, was legally married to the member for a period of at least one year
before retirement from the police department, is entitled to a surviving spouse benefit. The
surviving spouse benefit is equal to deleted text begin 22.5 units per month until December 31, 2005, and deleted text end 23
units per month beginning on January 1, 2006, if the person is the surviving spouse of a
deceased active member or disabilitant. The surviving spouse benefit is equal to deleted text begin six deleted text end new text begin eight new text end
units per month, plus an additional one unit for each year of service to the credit of the
decedent in excess of five years, to a maximum of deleted text begin 22.5 units per month until December 31,
2005, and deleted text end 23 units per month beginning on January 1, 2006, if the person is the surviving
spouse of a deceased service pensioner, deferred pensioner, or superannuation pensioner.
The surviving spouse benefit is payable for the life of the surviving spouse.

(b) A surviving child of a deceased service pensioner, disability pensioner, deferred
pensioner, superannuation pensioner, or active member, who was living while the decedent
was an active member of the police department or was born within nine months after the
decedent terminated active service in the police department, is entitled to a surviving child
benefit. The surviving child benefit is equal to eight units per month if the person is the
surviving child of a deceased active member or disabilitant. The surviving child benefit
is equal to two units per month, plus an additional four-tenths of one unit per month for
each year of service to the credit of the decedent in excess of five years, to a maximum of
eight units, if the person is the surviving child of a deceased service pensioner, deferred
pensioner, or superannuation pensioner. The surviving child benefit is payable until the
person attains age 18, or, if in full-time attendance during the normal school year, in a
school approved by the board of directors, until the person receives a bachelor's degree or
attains the age of 22 years, whichever occurs first. In the event of the death of both parents
leaving a surviving child or children entitled to a surviving child benefit as determined in
this paragraph, the surviving child is, or the surviving children are, entitled to a surviving
child benefit in such sums as determined by the board of directors to be necessary for
the care and education of such surviving child or children, but not to exceed the family
maximum benefit per month, to the children of any one family.

(c) The surviving spouse and surviving child benefits are subject to a family
maximum benefit. The family maximum benefit is 41 units per month.

(d) A surviving spouse who is otherwise not qualified may receive a benefit if the
surviving spouse was married to the decedent for a period of five years and was residing
with the decedent at the time of death. The surviving spouse benefit is the same as that
provided in paragraph (a), except that if the surviving spouse is younger than the decedent,
the surviving spouse benefit must be actuarially equivalent to a surviving spouse benefit
that would have been paid to the member's spouse had the member been married to a
person of the same age or a greater age than the member's age before retirement.

(e) For any surviving spouse who began receiving survivor benefits before January 1,
2005, the half-unit increase under paragraph (a) is effective retroactive to January 1, 2005.

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

new text begin Section 1 is effective retroactively from the effective date of Laws 1997, chapter
233, article 4, section 7, and Laws 2005, First Special Session chapter 8, article 11, section
12. Benefit amounts paid to surviving spouse members previously paid that are consistent
with section 1 are hereby ratified and confirmed.
new text end