SF 361

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to retirement; prohibiting the payment of 
  1.3             survivor benefits to a survivor who has feloniously 
  1.4             caused the death of a member of a public pension plan; 
  1.5             amending Minnesota Statutes 1994, sections 3A.04, by 
  1.6             adding a subdivision; 352.12, by adding a subdivision; 
  1.7             352B.11, by adding a subdivision; 352C.04, by adding a 
  1.8             subdivision; 352D.075, by adding a subdivision; 
  1.9             353.657, by adding a subdivision; 353D.07, by adding a 
  1.10            subdivision; 354A.35, by adding a subdivision; 
  1.11            356.303, by adding a subdivision; 422A.23, by adding a 
  1.12            subdivision; and 490.124, by adding a subdivision; 
  1.13            proposing coding for new law in Minnesota Statutes, 
  1.14            chapters 353; 353C; and 354. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 1994, section 3A.04, is 
  1.17  amended by adding a subdivision to read: 
  1.18     Subd. 5.  [SURVIVOR CAUSING DEATH OF MEMBER.] A survivor of 
  1.19  a member or the estate of a survivor is not entitled to a 
  1.20  survivor benefit or annuity or refund otherwise payable under 
  1.21  this chapter if the spouse or child has been convicted of a 
  1.22  felony that caused the death of the member, of criminal 
  1.23  liability for the felony, or of conspiracy to commit the 
  1.24  felony.  For purposes of this subdivision, a survivor is a 
  1.25  surviving spouse, child, joint annuitant, or beneficiary of a 
  1.26  deceased member.  The conviction of one survivor, however, does 
  1.27  not affect the entitlement of another survivor to benefits, 
  1.28  annuities, or a refund.  Survivor benefits or annuities may not 
  1.29  be paid, nor may a refund be made, to a survivor charged with 
  1.30  the commission of a felony that caused the death of a member, 
  2.1   criminal liability for the felony, or conspiracy to commit the 
  2.2   felony, but an amount equal to the benefits or annuities due the 
  2.3   survivor or to the refund must be set aside and paid to the 
  2.4   survivor in the event that the survivor is not convicted of the 
  2.5   charge. 
  2.6      Sec. 2.  Minnesota Statutes 1994, section 352.12, is 
  2.7   amended by adding a subdivision to read: 
  2.8      Subd. 2c.  [SURVIVOR CAUSING DEATH OF MEMBER.] A survivor 
  2.9   of a member or the estate of a survivor is not entitled to a 
  2.10  survivor benefit or annuity or refund otherwise payable under 
  2.11  this chapter if the spouse or child has been convicted of a 
  2.12  felony that caused the death of the member, of criminal 
  2.13  liability for the felony, or of conspiracy to commit the 
  2.14  felony.  For purposes of this subdivision, a survivor is a 
  2.15  surviving spouse, child, joint annuitant, or beneficiary of a 
  2.16  deceased member.  The conviction of one survivor, however, does 
  2.17  not affect the entitlement of another survivor to benefits, 
  2.18  annuities, or a refund.  Survivor benefits or annuities may not 
  2.19  be paid, nor may a refund be made, to a survivor charged with 
  2.20  the commission of a felony that caused the death of a member, 
  2.21  criminal liability for the felony, or conspiracy to commit the 
  2.22  felony, but an amount equal to the benefits or annuities due the 
  2.23  survivor or to the refund must be set aside and paid to the 
  2.24  survivor in the event that the survivor is not convicted of the 
  2.25  charge. 
  2.26     Sec. 3.  Minnesota Statutes 1994, section 352B.11, is 
  2.27  amended by adding a subdivision to read: 
  2.28     Subd. 2b.  [SURVIVOR CAUSING DEATH OF MEMBER.] A survivor 
  2.29  of a member or the estate of a survivor is not entitled to a 
  2.30  survivor benefit or annuity or refund otherwise payable under 
  2.31  this chapter if the spouse or child has been convicted of a 
  2.32  felony that caused the death of the member, of criminal 
  2.33  liability for the felony, or of conspiracy to commit the 
  2.34  felony.  For purposes of this subdivision, a survivor is a 
  2.35  surviving spouse, child, joint annuitant, or beneficiary of a 
  2.36  deceased member.  The conviction of one survivor, however, does 
  3.1   not affect the entitlement of another survivor to benefits, 
  3.2   annuities, or a refund.  Survivor benefits or annuities may not 
  3.3   be paid, nor may a refund be made, to a survivor charged with 
  3.4   the commission of a felony that caused the death of a member, 
  3.5   criminal liability for the felony, or conspiracy to commit the 
  3.6   felony, but an amount equal to the benefits or annuities due the 
  3.7   survivor or to the refund must be set aside and paid to the 
  3.8   survivor in the event that the survivor is not convicted of the 
  3.9   charge. 
  3.10     Sec. 4.  Minnesota Statutes 1994, section 352C.04, is 
  3.11  amended by adding a subdivision to read: 
  3.12     Subd. 1a.  [SURVIVOR CAUSING DEATH OF MEMBER.] A survivor 
  3.13  of a member or the estate of a survivor is not entitled to a 
  3.14  survivor benefit or annuity or refund otherwise payable under 
  3.15  this chapter if the spouse or child has been convicted of a 
  3.16  felony that caused the death of the member, of criminal 
  3.17  liability for the felony, or of conspiracy to commit the 
  3.18  felony.  For purposes of this subdivision, a survivor is a 
  3.19  surviving spouse, child, joint annuitant, or beneficiary of a 
  3.20  deceased member.  The conviction of one survivor, however, does 
  3.21  not affect the entitlement of another survivor to benefits, 
  3.22  annuities, or a refund.  Survivor benefits or annuities may not 
  3.23  be paid, nor may a refund be made, to a survivor charged with 
  3.24  the commission of a felony that caused the death of a member, 
  3.25  criminal liability for the felony, or conspiracy to commit the 
  3.26  felony, but an amount equal to the benefits or annuities due the 
  3.27  survivor or to the refund must be set aside and paid to the 
  3.28  survivor in the event that the survivor is not convicted of the 
  3.29  charge. 
  3.30     Sec. 5.  Minnesota Statutes 1994, section 352D.075, is 
  3.31  amended by adding a subdivision to read: 
  3.32     Subd. 2a.  [SURVIVOR CAUSING DEATH OF MEMBER.] A survivor 
  3.33  of a member or the estate of a survivor is not entitled to a 
  3.34  survivor benefit or annuity or refund otherwise payable under 
  3.35  this chapter if the spouse or child has been convicted of a 
  3.36  felony that caused the death of the member, of criminal 
  4.1   liability for the felony, or of conspiracy to commit the 
  4.2   felony.  For purposes of this subdivision, a survivor is a 
  4.3   surviving spouse, child, joint annuitant, or beneficiary of a 
  4.4   deceased member.  The conviction of one survivor, however, does 
  4.5   not affect the entitlement of another survivor to benefits, 
  4.6   annuities, or a refund.  Survivor benefits or annuities may not 
  4.7   be paid, nor may a refund be made, to a survivor charged with 
  4.8   the commission of a felony that caused the death of a member, 
  4.9   criminal liability for the felony, or conspiracy to commit the 
  4.10  felony, but an amount equal to the benefits or annuities due the 
  4.11  survivor or to the refund must be set aside and paid to the 
  4.12  survivor in the event that the survivor is not convicted of the 
  4.13  charge. 
  4.14     Sec. 6.  [353.325] [SURVIVOR CAUSING DEATH OF MEMBER.] 
  4.15     A survivor of a member or the estate of a survivor is not 
  4.16  entitled to a survivor benefit or annuity or refund otherwise 
  4.17  payable under this chapter if the spouse or child has been 
  4.18  convicted of a felony that caused the death of the member, of 
  4.19  criminal liability for the felony, or of conspiracy to commit 
  4.20  the felony.  For purposes of this section, a survivor is a 
  4.21  surviving spouse, child, joint annuitant, or beneficiary of a 
  4.22  deceased member.  The conviction of one survivor, however, does 
  4.23  not affect the entitlement of another survivor to benefits, 
  4.24  annuities, or a refund.  Survivor benefits or annuities may not 
  4.25  be paid, nor may a refund be made, to a survivor charged with 
  4.26  the commission of a felony that caused the death of a member, 
  4.27  criminal liability for the felony, or conspiracy to commit the 
  4.28  felony, but an amount equal to the benefits or annuities due the 
  4.29  survivor or to the refund must be set aside and paid to the 
  4.30  survivor in the event that the survivor is not convicted of the 
  4.31  charge. 
  4.32     Sec. 7.  Minnesota Statutes 1994, section 353.657, is 
  4.33  amended by adding a subdivision to read: 
  4.34     Subd. 5.  [SURVIVOR CAUSING DEATH OF MEMBER.] A survivor of 
  4.35  a member or the estate of a survivor is not entitled to a 
  4.36  survivor benefit or annuity or refund otherwise payable under 
  5.1   this chapter if the spouse or child has been convicted of a 
  5.2   felony that caused the death of the member, of criminal 
  5.3   liability for the felony, or of conspiracy to commit the 
  5.4   felony.  For purposes of this subdivision, a survivor is a 
  5.5   surviving spouse, child, joint annuitant, or beneficiary of a 
  5.6   deceased member.  The conviction of one survivor, however, does 
  5.7   not affect the entitlement of another survivor to benefits, 
  5.8   annuities, or a refund.  Survivor benefits or annuities may not 
  5.9   be paid, nor may a refund be made, to a survivor charged with 
  5.10  the commission of a felony that caused the death of a member, 
  5.11  criminal liability for the felony, or conspiracy to commit the 
  5.12  felony, but an amount equal to the benefits or annuities due the 
  5.13  survivor or to the refund must be set aside and paid to the 
  5.14  survivor in the event that the survivor is not convicted of the 
  5.15  charge. 
  5.16     Sec. 8.  [353C.095] [SURVIVOR CAUSING DEATH OF MEMBER.] 
  5.17     A survivor of a member or the estate of a survivor is not 
  5.18  entitled to a survivor benefit or annuity or refund otherwise 
  5.19  payable under this chapter if the spouse or child has been 
  5.20  convicted of a felony that caused the death of the member, of 
  5.21  criminal liability for the felony, or of conspiracy to commit 
  5.22  the felony.  For purposes of this section, a survivor is a 
  5.23  surviving spouse, child, joint annuitant, or beneficiary of a 
  5.24  deceased member.  The conviction of one survivor, however, does 
  5.25  not affect the entitlement of another survivor to benefits, 
  5.26  annuities, or a refund.  Survivor benefits or annuities may not 
  5.27  be paid, nor may a refund be made, to a survivor charged with 
  5.28  the commission of a felony that caused the death of a member, 
  5.29  criminal liability for the felony, or conspiracy to commit the 
  5.30  felony, but an amount equal to the benefits or annuities due the 
  5.31  survivor or to the refund must be set aside and paid to the 
  5.32  survivor in the event that the survivor is not convicted of the 
  5.33  charge. 
  5.34     Sec. 9.  Minnesota Statutes 1994, section 353D.07, is 
  5.35  amended by adding a subdivision to read: 
  5.36     Subd. 6.  [SURVIVOR CAUSING DEATH OF MEMBER.] A survivor of 
  6.1   a member or the estate of a survivor is not entitled to a 
  6.2   survivor benefit or annuity or refund otherwise payable under 
  6.3   this chapter if the spouse or child has been convicted of a 
  6.4   felony that caused the death of the member, of criminal 
  6.5   liability for the felony, or of conspiracy to commit the 
  6.6   felony.  For purposes of this subdivision, a survivor is a 
  6.7   surviving spouse, child, joint annuitant, or beneficiary of a 
  6.8   deceased member.  The conviction of one survivor, however, does 
  6.9   not affect the entitlement of another survivor to benefits, 
  6.10  annuities, or a refund.  Survivor benefits or annuities may not 
  6.11  be paid, nor may a refund be made, to a survivor charged with 
  6.12  the commission of a felony that caused the death of a member, 
  6.13  criminal liability for the felony, or conspiracy to commit the 
  6.14  felony, but an amount equal to the benefits or annuities due the 
  6.15  survivor or to the refund must be set aside and paid to the 
  6.16  survivor in the event that the survivor is not convicted of the 
  6.17  charge. 
  6.18     Sec. 10.  [354.475] [SURVIVOR CAUSING DEATH OF MEMBER.] 
  6.19     A survivor of a member or the estate of a survivor is not 
  6.20  entitled to a survivor benefit or annuity or refund otherwise 
  6.21  payable under this chapter if the spouse or child has been 
  6.22  convicted of a felony that caused the death of the member, of 
  6.23  criminal liability for the felony, or of conspiracy to commit 
  6.24  the felony.  For purposes of this section, a survivor is a 
  6.25  surviving spouse, child, joint annuitant, or beneficiary of a 
  6.26  deceased member.  The conviction of one survivor, however, does 
  6.27  not affect the entitlement of another survivor to benefits, 
  6.28  annuities, or a refund.  Survivor benefits or annuities may not 
  6.29  be paid, nor may a refund be made, to a survivor charged with 
  6.30  the commission of a felony that caused the death of a member, 
  6.31  criminal liability for the felony, or conspiracy to commit the 
  6.32  felony, but an amount equal to the benefits or annuities due the 
  6.33  survivor or to the refund must be set aside and paid to the 
  6.34  survivor in the event that the survivor is not convicted of the 
  6.35  charge. 
  6.36     Sec. 11.  Minnesota Statutes 1994, section 354A.35, is 
  7.1   amended by adding a subdivision to read: 
  7.2      Subd. 6.  [SURVIVOR CAUSING DEATH OF MEMBER.] A survivor of 
  7.3   a member or the estate of a survivor is not entitled to a 
  7.4   survivor benefit or annuity or refund otherwise payable under 
  7.5   this chapter if the spouse or child has been convicted of a 
  7.6   felony that caused the death of the member, of criminal 
  7.7   liability for the felony, or of conspiracy to commit the 
  7.8   felony.  For purposes of this subdivision, a survivor is a 
  7.9   surviving spouse, child, joint annuitant, or beneficiary of a 
  7.10  deceased member.  The conviction of one survivor, however, does 
  7.11  not affect the entitlement of another survivor to benefits, 
  7.12  annuities, or a refund.  Survivor benefits or annuities may not 
  7.13  be paid, nor may a refund be made, to a survivor charged with 
  7.14  the commission of a felony that caused the death of a member, 
  7.15  criminal liability for the felony, or conspiracy to commit the 
  7.16  felony, but an amount equal to the benefits or annuities due the 
  7.17  survivor or to the refund must be set aside and paid to the 
  7.18  survivor in the event that the survivor is not convicted of the 
  7.19  charge. 
  7.20     Sec. 12.  Minnesota Statutes 1994, section 356.303, is 
  7.21  amended by adding a subdivision to read: 
  7.22     Subd. 3a.  [SURVIVOR CAUSING DEATH OF MEMBER.] A survivor 
  7.23  of a member or the estate of a survivor is not entitled to a 
  7.24  survivor benefit or annuity or refund otherwise payable under 
  7.25  this chapter if the spouse or child has been convicted of a 
  7.26  felony that caused the death of the member, of criminal 
  7.27  liability for the felony, or of conspiracy to commit the 
  7.28  felony.  For purposes of this subdivision, a survivor is a 
  7.29  surviving spouse, child, joint annuitant, or beneficiary of a 
  7.30  deceased member.  The conviction of one survivor, however, does 
  7.31  not affect the entitlement of another survivor to benefits, 
  7.32  annuities, or a refund.  Survivor benefits or annuities may not 
  7.33  be paid, nor may a refund be made, to a survivor charged with 
  7.34  the commission of a felony that caused the death of a member, 
  7.35  criminal liability for the felony, or conspiracy to commit the 
  7.36  felony, but an amount equal to the benefits or annuities due the 
  8.1   survivor or to the refund must be set aside and paid to the 
  8.2   survivor in the event that the survivor is not convicted of the 
  8.3   charge. 
  8.4      Sec. 13.  Minnesota Statutes 1994, section 422A.23, is 
  8.5   amended by adding a subdivision to read: 
  8.6      Subd. 12.  [SURVIVOR CAUSING DEATH OF MEMBER.] A survivor 
  8.7   of a member or the estate of a survivor is not entitled to a 
  8.8   survivor benefit or annuity or refund otherwise payable under 
  8.9   this chapter if the spouse or child has been convicted of a 
  8.10  felony that caused the death of the member, of criminal 
  8.11  liability for the felony, or of conspiracy to commit the 
  8.12  felony.  For purposes of this subdivision, a survivor is a 
  8.13  surviving spouse, child, joint annuitant, or beneficiary of a 
  8.14  deceased member.  The conviction of one survivor, however, does 
  8.15  not affect the entitlement of another survivor to benefits, 
  8.16  annuities, or a refund.  Survivor benefits or annuities may not 
  8.17  be paid, nor may a refund be made, to a survivor charged with 
  8.18  the commission of a felony that caused the death of a member, 
  8.19  criminal liability for the felony, or conspiracy to commit the 
  8.20  felony, but an amount equal to the benefits or annuities due the 
  8.21  survivor or to the refund must be set aside and paid to the 
  8.22  survivor in the event that the survivor is not convicted of the 
  8.23  charge. 
  8.24     Sec. 14.  Minnesota Statutes 1994, section 490.124, is 
  8.25  amended by adding a subdivision to read: 
  8.26     Subd. 9a.  [SURVIVOR CAUSING DEATH OF MEMBER.] A survivor 
  8.27  of a member or the estate of a survivor is not entitled to a 
  8.28  survivor benefit or annuity or refund otherwise payable under 
  8.29  this chapter if the spouse or child has been convicted of a 
  8.30  felony that caused the death of the member, of criminal 
  8.31  liability for the felony, or of conspiracy to commit the 
  8.32  felony.  For purposes of this subdivision, a survivor is a 
  8.33  surviving spouse, child, joint annuitant, or beneficiary of a 
  8.34  deceased member.  The conviction of one survivor, however, does 
  8.35  not affect the entitlement of another survivor to benefits, 
  8.36  annuities, or a refund.  Survivor benefits or annuities may not 
  9.1   be paid, nor may a refund be made, to a survivor charged with 
  9.2   the commission of a felony that caused the death of a member, 
  9.3   criminal liability for the felony, or conspiracy to commit the 
  9.4   felony, but an amount equal to the benefits or annuities due the 
  9.5   survivor or to the refund must be set aside and paid to the 
  9.6   survivor in the event that the survivor is not convicted of the 
  9.7   charge. 
  9.8      Sec. 15.  [EFFECTIVE DATE.] 
  9.9      Sections 1 to 14 are effective July 1, 1995, and apply to 
  9.10  convictions after that date.