HF 266

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to peace officers; authorizing certain 
  1.3             expenditures by a surviving spouse from a dependent 
  1.4             child's share of a peace officer's survivor benefits; 
  1.5             amending Minnesota Statutes 1994, section 299A.44. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 299A.44, is 
  1.8   amended to read: 
  1.9      299A.44 [DEATH BENEFIT.] 
  1.10     (a) On certification to the governor by the commissioner of 
  1.11  public safety that a public safety officer employed within this 
  1.12  state has been killed in the line of duty, leaving a spouse or 
  1.13  one or more eligible dependents, the commissioner of finance 
  1.14  shall pay $100,000 from the public safety officer's benefit 
  1.15  account, as follows: 
  1.16     (1) if there is no dependent child, to the spouse; 
  1.17     (2) if there is no spouse, to the dependent child or 
  1.18  children in equal shares; 
  1.19     (3) if there are both a spouse and one or more dependent 
  1.20  children, one-half to the spouse and one-half to the child or 
  1.21  children, in equal shares; 
  1.22     (4) if there is no surviving spouse or dependent child or 
  1.23  children, to the parent or parents dependent for support on the 
  1.24  decedent, in equal shares; or 
  1.25     (5) if there is no surviving spouse, dependent child, or 
  2.1   dependent parent, then no payment may be made from the public 
  2.2   safety officer's benefit fund.  
  2.3      (b) If there are both a spouse and one or more dependent 
  2.4   children under age 18, the spouse, at the spouse's discretion, 
  2.5   may spend a maximum of one-third of a child's share on medical 
  2.6   or dental treatment for the child or the child's education.  
  2.7   Expenditures under this paragraph on behalf of a child do not 
  2.8   diminish the shares of any other children.  In addition, a 
  2.9   spouse, at the spouse's discretion, may expend money from a 
  2.10  child's share to pay state and federal taxes on any interest 
  2.11  accrued on the share.