HF 30

as introduced - 84th Legislature, 2005 1st Special Session (2005 - 2005) Posted on 12/15/2009 12:00am

A bill for an act
relating to retirement; providing survivor benefits to
spouse of St. Louis Park police officer killed while
on active duty in Iraq.

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

Section 1. new text begin SURVIVOR BENEFIT FOR ST. LOUIS PARK POLICE
OFFICER KILLED IN IRAQ CONFLICT.
new text end

new text begin Subdivision 1. new text end

new text begin Eligibility. new text end

new text begin (a) Notwithstanding any
provision of Minnesota Statutes, chapter 353 and section 645.26,
subdivision 3, to the contrary, an eligible person described in
paragraph (b) is authorized to apply for and is eligible for a
surviving spouse annuity from the public employees police and
fire retirement plan under subdivision 2.
new text end

new text begin (b) An eligible person for purposes of paragraph (a) is the
surviving spouse of a deceased public employees police and fire
retirement plan member who:
new text end

new text begin (1) was on active duty in the National Guard as defined in
Minnesota Statutes, section 190.05, subdivision 4, in a
federally recognized combat zone;
new text end

new text begin (2) was born on October 29, 1979;
new text end

new text begin (3) was a member of the public employees police and fire
retirement plan commencing on January 24, 2004, due to
employment as a police officer by the city of St. Louis Park;
and
new text end

new text begin (4) died on February 21, 2005, while on active military
service as defined in Minnesota Statutes, section 190.05,
subdivision 5, in the National Guard in Iraq.
new text end

new text begin Subd. 2. new text end

new text begin Benefit amount. new text end

new text begin For an eligible person under
this section, the monthly annuity payments commence retroactive
to February 21, 2005, and continue in the amount of $800, plus
any adjustment payable under Minnesota Statutes, section 356.41,
to June 30, 2020. For the period July 1, 2020, and thereafter,
the amount of the monthly surviving spouse annuity is $1746.62,
plus any adjustments that would otherwise be payable under
Minnesota Statutes, section 356.41, since January 1, 2006, and
is subject to postretirement adjustments under Minnesota
Statutes, section 356.41, on and after January 1, 2021. The
monthly surviving spouse annuity is payable for the life of the
eligible person and nothing in this section authorizes a payment
to an estate.
new text end

new text begin Subd. 3. new text end

new text begin Refund repayment required. new text end

new text begin An annuity under
this section is in lieu of any death refund to which an eligible
person would otherwise be entitled. If an eligible person has
received a death refund, that person shall repay that refund,
under the terms specified in Minnesota Statutes, section 353.35,
notwithstanding any law to the contrary.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end