SF 78

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

A bill for an act
relating to pensions; police and fire fund; extending
eligibility for survivor benefits by broadening the
definition of active duty to include pension fund
members in active military service; amending Minnesota
Statutes 2004, section 353.657, subdivision 1.

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

Section 1.

Minnesota Statutes 2004, section 353.657,
subdivision 1, is amended to read:

Subdivision 1.

Generally.

In the event a member of the
police and fire fund dies from any cause before retirement or
after becoming disabled and receiving disability benefits, the
association shall grant survivor benefits to a surviving spouse,
as defined in section 353.01, subdivision 20, and who was
married to the member for a period of at least one year, except
that if death occurs in the line of duty no time limit is
required. new text begin For purposes of this section, line of duty also
includes active military service, as defined in section 190.05,
subdivision 5. new text end The association shall also grant survivor
benefits to a dependent child or children, as defined in section
353.01, subdivision 15.

Notwithstanding the definition of surviving spouse, a
former spouse of the member, if any, is entitled to a portion of
the monthly surviving spouse benefit if stipulated under the
terms of a marriage dissolution decree filed with the
association. If there is no surviving spouse or child or
children, a former spouse may be entitled to a lump-sum refund
payment under section 353.32, subdivision 1, if provided for in
a marriage dissolution decree but not a monthly surviving spouse
benefit despite the terms of a marriage dissolution decree filed
with the association.

The spouse and child or children are entitled to monthly
benefits as provided in the following subdivisions.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective immediately and
applies to members of the police and fire fund at any time on or
after September 11, 2001.
new text end