SF 1616

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to retirement; Albert Lea police and fire 
  1.3             consolidation accounts; increasing certain survivor 
  1.4             benefit amounts; amending Minnesota Statutes 1998, 
  1.5             section 353B.11, subdivision 3. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7                              ARTICLE 1 
  1.8                 SURVIVOR BENEFIT INCREASE AUTHORIZED 
  1.9      Section 1.  [CITY OF ALBERT LEA; CERTAIN POLICE AND 
  1.10  FIREFIGHTERS; SURVIVOR BENEFIT INCREASE AUTHORIZED.] 
  1.11     (a) Notwithstanding any provision of Minnesota Statutes, 
  1.12  sections 423.37 to 423.392 or Laws 1963, chapter 643, as 
  1.13  amended, to the contrary, as of July 1, 1999, a surviving spouse 
  1.14  receiving a survivor benefit from the Albert Lea police 
  1.15  consolidation account or the Albert Lea fire consolidation 
  1.16  account on that date is entitled to a survivor benefit equal to 
  1.17  75 percent of the service pension that was previously payable to 
  1.18  the applicable deceased former member in lieu of any other 
  1.19  survivor benefit amount payable to the person. 
  1.20     (b) Notwithstanding any provision of Minnesota Statutes, 
  1.21  sections 423.37 to 423.392 or Laws 1963, chapter 643, as 
  1.22  amended, to the contrary, the surviving spouse of a deceased 
  1.23  active member of the Albert Lea police consolidation account or 
  1.24  the Albert Lea fire consolidation account is entitled to a 
  1.25  survivor benefit equal to 55 percent of the salary of a first 
  2.1   class patrol officer or of a top grade firefighter, whichever 
  2.2   applies.  This surviving spouse benefit is in lieu of any other 
  2.3   surviving spouse benefit payable from the consolidation account 
  2.4   to any surviving spouse. 
  2.5      Sec. 2.  [EFFECTIVE DATE; LOCAL APPROVAL.] 
  2.6      (a) Section 1 is effective on the first of the month next 
  2.7   following approval by the city council of the city of Albert Lea 
  2.8   and compliance with Minnesota Statutes, section 645.021. 
  2.9      (b) If approval occurs after June 30, 1999, the initial 
  2.10  payment of the survivor benefit under section 1, paragraph (a), 
  2.11  must include omitted payments back to July 1, 1999. 
  2.12     (c) Nothing in section 1, paragraph (a) may be construed to 
  2.13  permit the payment of a survivor benefit to an estate. 
  2.14                             ARTICLE 2 
  2.15                         CONFORMING CHANGES 
  2.16     Section 1.  Minnesota Statutes 1998, section 353B.11, 
  2.17  subdivision 3, is amended to read: 
  2.18     Subd. 3.  [AMOUNT; SURVIVING SPOUSE BENEFIT.] (a) The 
  2.19  surviving spouse benefit shall be 30 percent of the salary base 
  2.20  for the former members of the following consolidating relief 
  2.21  associations:  
  2.22     (1) Albert Lea firefighters relief association; 
  2.23     (2) Albert Lea police relief association; 
  2.24     (3) Anoka police relief association; 
  2.25     (4) (2) Austin police relief association; 
  2.26     (5) (3) Brainerd police benefit association; 
  2.27     (6) (4) Crookston police relief association; 
  2.28     (7) (5) Faribault fire department relief association; and 
  2.29     (8) (6) West St. Paul firefighters relief association.  
  2.30     (b) The surviving spouse benefit shall be 25 percent of the 
  2.31  salary base for the former members of the following 
  2.32  consolidating relief associations:  
  2.33     (1) Chisholm police relief association; 
  2.34     (2) Duluth firefighters relief association; 
  2.35     (3) Duluth police pension association; 
  2.36     (4) Fairmont police benefit association; 
  3.1      (5) Red Wing fire department relief association; 
  3.2      (6) South St. Paul police relief association; and 
  3.3      (7) West St. Paul police relief association. 
  3.4      (c) The surviving spouse benefit shall be 24 percent of the 
  3.5   salary base for the former members of the following 
  3.6   consolidating relief associations: 
  3.7      (1) Fridley police pension association; 
  3.8      (2) Richfield police relief association; 
  3.9      (3) Rochester fire department relief association; 
  3.10     (4) Rochester police relief association; 
  3.11     (5) Winona fire department relief association; and 
  3.12     (6) Winona police relief association. 
  3.13     (d) The surviving spouse benefit shall be 40 percent of the 
  3.14  salary base for the former members of the following 
  3.15  consolidating relief associations: 
  3.16     (1) Columbia Heights fire department relief association, 
  3.17  paid division; and 
  3.18     (2) New Ulm police relief association.  
  3.19     (e) The surviving spouse benefit shall be $250 per month 
  3.20  for the former members of the following consolidating relief 
  3.21  associations: 
  3.22     (1) Hibbing firefighters relief association; and 
  3.23     (2) Hibbing police relief association. 
  3.24     (f) The surviving spouse benefit shall be 23.75 percent of 
  3.25  the salary base for the former members of the following 
  3.26  consolidating relief associations: 
  3.27     (1) Crystal police relief associations; and 
  3.28     (2) Minneapolis police relief association.  
  3.29     (g) The surviving spouse benefit shall be 32 percent of the 
  3.30  salary base for the former members of the following 
  3.31  consolidating relief associations: 
  3.32     (1) St. Cloud fire department relief association; and 
  3.33     (2) St. Cloud police relief association. 
  3.34     (h) The surviving spouse benefit shall be one-half of the 
  3.35  service pension or disability benefit which the deceased member 
  3.36  was receiving as of the date of death, or of the service pension 
  4.1   which the deferred member would have been receiving if the 
  4.2   service pension had commenced as of the date of death or of the 
  4.3   service pension which the active member would have received 
  4.4   based on the greater of the allowable service credit of the 
  4.5   person as of the date of death or 20 years of allowable service 
  4.6   credit if the person would have been eligible as of the date of 
  4.7   death, for the former members of the following consolidating 
  4.8   relief associations: 
  4.9      (1) Virginia fire department relief association; and 
  4.10     (2) Virginia police relief association. 
  4.11     (i) The surviving spouse benefit shall be the following for 
  4.12  the former members of the consolidating relief associations as 
  4.13  indicated: 
  4.14     (1) 55 percent of the salary base if the deceased member 
  4.15  was an active member or, effective July 1, 1999, 75 percent of 
  4.16  the service pension payable to the applicable decedent if the 
  4.17  deceased member was a service pensioner or disabilitant, Albert 
  4.18  Lea firefighters relief association; 
  4.19     (2) 55 percent of the salary base if the deceased member 
  4.20  was an active member or, effective July 1, 1999, 75 percent of 
  4.21  the service pension payable to the applicable decedent if the 
  4.22  deceased member was a service pensioner or disabilitant, Albert 
  4.23  Lea police relief association; 
  4.24     (3) 30 percent of the salary base, reduced by any amount 
  4.25  awarded or payable from the service pension or disability 
  4.26  benefit of the deceased former firefighter to a former spouse of 
  4.27  the member by virtue of the legal dissolution of the member's 
  4.28  marriage to the former spouse if the surviving spouse married 
  4.29  the member after the time of separation from active service, 
  4.30  Austin firefighters relief association; 
  4.31     (2) (4) 27.333 percent of the salary base, or one-half of 
  4.32  the service pension payable to or accrued by the deceased former 
  4.33  member, whichever is greater, Bloomington police relief 
  4.34  association; 
  4.35     (3) (5) 72.25 percent of the salary base, Buhl police 
  4.36  relief association; 
  5.1      (4) (6) 50 percent of the service pension which the active 
  5.2   member would have received based on allowable service credit to 
  5.3   the date of death and prospective service from the date of death 
  5.4   until the date on which the person would have attained the 
  5.5   normal retirement age, 50 percent of the service pension which 
  5.6   the deferred member would have been receiving if the service 
  5.7   pension had commenced as of the date of death or $175 per month 
  5.8   if the deceased member was receiving a service pension or 
  5.9   disability benefit as of the date of death, Chisholm 
  5.10  firefighters relief association; 
  5.11     (5) (7) two-thirds of the service pension or disability 
  5.12  benefit which the deceased member was receiving as of the date 
  5.13  of death, or of the service pension which the deferred member 
  5.14  would have been receiving if the service pension had commenced 
  5.15  as of the date of death or of the service pension which the 
  5.16  active member would have received based on the greater of the 
  5.17  allowable service credit of the person as of the date of death 
  5.18  or 20 years of allowable service credit if the person would have 
  5.19  been eligible as of the date of death, Columbia Heights police 
  5.20  relief association; 
  5.21     (6) (8) the greater of $300 per month or one-half of the 
  5.22  service pension or disability benefit which the deceased member 
  5.23  was receiving as of the date of death, or of the service pension 
  5.24  which the deferred member would have been receiving if the 
  5.25  service pension had commenced as of the date of death or of the 
  5.26  service pension which the active member would have received 
  5.27  based on the allowable service credit of the person as of the 
  5.28  date of death if the person would have been eligible as of the 
  5.29  date of death, Crookston fire department relief association; 
  5.30     (7) (9) $100 per month, Faribault police benefit 
  5.31  association; 
  5.32     (8) (10) 60 percent of the service pension or disability 
  5.33  benefit which the deceased member was receiving as of the date 
  5.34  of death, or of the service pension which the deferred member 
  5.35  would have been receiving if the service pension had commenced 
  5.36  as of the date of death or of the service pension which the 
  6.1   active member would have received based on the allowable service 
  6.2   credit of the person as of the date of death if the person would 
  6.3   have been eligible as of the date of death, Mankato fire 
  6.4   department relief association; 
  6.5      (9) (11) $175 per month, Mankato police benefit 
  6.6   association; 
  6.7      (10) (12) 26.25 percent of the salary base, Minneapolis 
  6.8   fire department relief association; 
  6.9      (11) (13) equal to the service pension or disability 
  6.10  benefit which the deceased member was receiving as of the date 
  6.11  of death, or of the service pension which the deferred member 
  6.12  would have been receiving if the service pension had commenced 
  6.13  as of the date of death or of the service pension which the 
  6.14  active member would have received based on the allowable service 
  6.15  credit of the person as of the date of death if the person would 
  6.16  have been eligible as of the date of death, Red Wing police 
  6.17  relief association; 
  6.18     (12) (14) 78.545 percent of the benefit amount payable 
  6.19  prior to the death of the deceased active, disabled, deferred, 
  6.20  or retired firefighter if that firefighter's benefit was 55 
  6.21  percent of salary or would have been 55 percent of salary if the 
  6.22  firefighter had survived to begin benefit receipt; or 80 percent 
  6.23  of the benefit amount payable prior to the death of the deceased 
  6.24  active, disabled, deferred, or retired firefighter if that 
  6.25  firefighter's benefit was 54 percent of salary or would have 
  6.26  been 54 percent of salary if the firefighter had survived to 
  6.27  begin benefit receipt, Richfield fire department relief 
  6.28  association; 
  6.29     (13) (15) 40 percent of the salary base for a surviving 
  6.30  spouse of a deceased active member, disabled member, or retired 
  6.31  or deferred member with at least 20 years of allowable service, 
  6.32  or the prorated portion of 40 percent of the salary base that 
  6.33  bears the same relationship to 40 percent that the deceased 
  6.34  member's years of allowable service bear to 20 years of 
  6.35  allowable service for the surviving spouse of a deceased retired 
  6.36  or deferred member with at least ten but less than 20 years of 
  7.1   allowable service, St. Louis Park fire department relief 
  7.2   association; 
  7.3      (14) (16) 26.6667 percent of the salary base, St. Louis 
  7.4   Park police relief association; 
  7.5      (15) (17) 27.5 percent of the salary base, St. Paul fire 
  7.6   department relief association; 
  7.7      (16) (18) 20 percent of the salary base, St. Paul police 
  7.8   relief association; and 
  7.9      (17) (19) 27 percent of the salary base, South St. Paul 
  7.10  firefighters relief association. 
  7.11     Sec. 2.  [EFFECTIVE DATE.] 
  7.12     Section 1 is effective on the effective date of article 1, 
  7.13  section 1.