HF 4590

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/07/2024 02:43pm

A bill for an act
relating to retirement; PERA police and fire plan; increasing the survivor benefit
for members who die in the line of duty; amending Minnesota Statutes 2022,
section 353.657, subdivisions 2, 3a.

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

Section 1.

Minnesota Statutes 2022, section 353.657, subdivision 2, is amended to read:

Subd. 2.

Benefit amount.

(a) The spouse of a deceased member is entitled to receive a
monthly benefit for life equal to the following percentage of the member's average salary,
as defined in section 353.01, subdivision 17a, paragraph (c), as a member of the police and
fire plan:

(1) if the death was a line of duty death, deleted text begin 60 deleted text end new text begin 100 new text end percent of the average salary is payable;
and

(2) if the death was not a line of duty death or if death occurred while receiving disability
benefits that accrued before July 1, 2007, 50 percent of the average salary is payable.

(b) If the member's status changed from full time to part time due to health reasons
during the last 12 months of employment, notwithstanding the definition of average salary
in section 353.01, subdivision 17a, paragraph (c), the average salary used to compute the
monthly survivor benefit must be based on the full-time salary rate of the position held as
a member of the police and fire plan in effect over the last six months of allowable service
preceding the month in which the death occurred.

Sec. 2.

Minnesota Statutes 2022, section 353.657, subdivision 3a, is amended to read:

Subd. 3a.

Maximum and minimum family benefits.

(a) The maximum monthly benefit
per family must not exceed the following percentages of the member's average monthly
salary as specified in subdivision 3:

(1) deleted text begin 80 deleted text end new text begin 120 new text end percent, if the member's death was a line of duty death; or

(2) 70 percent, if the member's death was not a line of duty death or occurred while the
member was receiving a disability benefit that accrued before July 1, 2007.

(b) The minimum monthly benefit per family, including the joint and survivor optional
annuity under subdivision 2a, and section 353.656, subdivision 1a, must not be less than
the following percentage of the member's average monthly salary as specified in subdivision
3:

(1) deleted text begin 60 deleted text end new text begin 100 new text end percent, if the death was a line of duty death; or

(2) 50 percent, if the death was not a line of duty death or occurred while the member
was receiving a disability benefit that accrued before July 1, 2007.

(c) If the maximum under paragraph (a) is exceeded, the monthly benefit of the joint
annuitant, surviving spouse, and dependent children, as applicable, must each be reduced
proportionately so that the total family benefit does not exceed the applicable maximum.
The joint and survivor optional annuity, surviving spouse, or dependent children benefit,
as applicable, must be restored, plus applicable postretirement adjustments under Minnesota
Statutes 2008, section 356.41 or section 356.415, as the dependent child or children become
no longer dependent under section 353.01, subdivision 15, or in the event of the death of
the joint and survivor annuity recipient or the surviving spouse.

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective retroactively from February 16, 2024.
new text end