SF 1353

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; Austin fire department relief 
  1.3             association; clarifying ambiguities in the survivor 
  1.4             coverage of certain spouses of certain retired 
  1.5             members; amending Laws 1994, chapter 490, section 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Laws 1994, chapter 490, section 2, is amended 
  1.8   to read: 
  1.9      Sec. 2.  [AUSTIN FIRE DEPARTMENT RELIEF ASSOCIATION; 
  1.10  SURVIVOR COVERAGE FOR CERTAIN SPOUSES OF CERTAIN RETIRED 
  1.11  FIREFIGHTERS.] 
  1.12     (a) Notwithstanding any provision to the contrary of the 
  1.13  general or special laws governing the Austin fire department 
  1.14  relief association, the articles of incorporation of the relief 
  1.15  association, or the bylaws of the relief association, a person 
  1.16  described in paragraph (b) is entitled to a surviving spouse 
  1.17  benefit as provided in paragraph (c). 
  1.18     (b) A person entitled under paragraph (a) is a person who: 
  1.19     (1) was the legally married spouse of a deceased retired or 
  1.20  disabled member of the Austin fire department relief association 
  1.21  at the time of the deceased member's death; 
  1.22     (2) married the retired or disabled member after the date 
  1.23  on which the member terminated active employment as a 
  1.24  firefighter by the Austin fire department; and 
  1.25     (3) was married for at least three years before the date of 
  2.1   the death of the retired or disabled member; and 
  2.2      (3) was married to a retired or disabled member whose prior 
  2.3   spouse, if any, predeceased the member. 
  2.4      (c) The surviving spouse benefit is an amount equal to the 
  2.5   amount of a surviving spouse benefit payable by the Austin fire 
  2.6   department relief association to the surviving spouse of a 
  2.7   deceased active member of the relief association under Laws 
  2.8   1949, chapter 87, section 26, subdivision 4, as amended by Laws 
  2.9   1965, chapter 418, section 5, reduced by any amount awarded or 
  2.10  payable from the service pension or disability benefit of the 
  2.11  deceased former firefighter to a former spouse of the deceased 
  2.12  active member by virtue of the legal dissolution of the member's 
  2.13  marriage to the former spouse. 
  2.14     Sec. 2.  [EFFECTIVE DATE.] 
  2.15     Section 1 is effective on approval by the Austin city 
  2.16  council and compliance with Minnesota Statutes, section 645.021.