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HF 1467

as introduced - 87th Legislature (2011 - 2012) Posted on 04/14/2011 11:33am

KEY: stricken = removed, old language. underscored = added, new language.

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A bill for an act
relating to retirement; providing for increased annuity for surviving spouse of
employee killed while engaged in emergency response to flooding.

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

Section 1. INCREASED ANNUITY FOR SURVIVING SPOUSE OF EMPLOYEE
KILLED WHILE ENGAGED IN EMERGENCY RESPONSE TO FLOODING.

(a) Notwithstanding Minnesota Statutes 2010, section 352.12, subdivision 2, a
surviving spouse or dependent child of an eligible person specified in paragraph (b) is
entitled to the benefit specified in paragraph (c).

(b) An eligible person is a person who:

(1) was born on November 7, 1971;

(2) began working for the state in September 2002; and

(3) was killed on March 22, 2011, while working as an employee of the Department
of Transportation attempting to alleviate damage from flooding by using a backhoe to clear
debris from a culvert that drains into the Minnesota River between St. Peter and Mankato.

(c) The monthly annuity payable to the surviving spouse of an eligible person
specified in paragraph (b) must not be less than 50 percent of the average monthly salary
of the eligible person. The monthly annuity payable to the dependent child of an eligible
person specified in paragraph (b) must not be less than ten percent of the average monthly
salary of the eligible person, except that the monthly benefit for the family of the eligible
person must not exceed 70 percent of the average monthly salary of the eligible person.

(d) A dependent child over 18 and under 23 years of age also may receive the
monthly benefit provided in this section if the child is continuously attending an accredited
school as a full-time student during the normal school year as determined by the director.
If the child does not continuously attend school, but separates from full-time attendance
during any part of a school year, the annuity must cease at the end of the month of
separation.

(e) Payments for the benefit of any dependent child must be made to the surviving
spouse or, if there is none, to the legal guardian of the child.

(f) "Average salary" has the meaning given in Minnesota Statutes 2010, section
352.01, subdivision 14a.

EFFECTIVE DATE.

This section is effective retroactively from March 22, 2011.

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