SF 2035

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; Richfield firefighters relief 
  1.3             association; providing for various benefit increases 
  1.4             upon the consolidation of the relief association with 
  1.5             the public employees retirement association; amending 
  1.6             Minnesota Statutes 1994, sections 353B.07, subdivision 
  1.7             3; 353B.08, subdivision 6; and 353B.11, subdivisions 
  1.8             3, 4, and 5; Laws 1967, chapter 798, sections 2 and 4. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10                             ARTICLE 1
  1.11                BENEFIT INCREASE UPON CONSOLIDATION 
  1.12     Section 1.  Laws 1967, chapter 798, section 2, is amended 
  1.13  to read: 
  1.14     Sec. 2.  [RICHFIELD FIREFIGHTERS RELIEF ASSOCIATION; 
  1.15  DISABILITY PENSION AMOUNT.] In lieu of the disability pension 
  1.16  and limitation as provided for in Minnesota Statutes, Section 
  1.17  424.20, the firemen's firefighters relief association in the 
  1.18  city of Richfield may provide for disability benefits, as 
  1.19  defined in Minnesota Statutes, Section 424.19, of not more than 
  1.20  a sum equal to one-half 54 percent of the salary, as payable 
  1.21  from time to time during the period of pension payment 
  1.22  to firemen firefighters of the highest grade, not including 
  1.23  officers of the department, in the employ of the city of 
  1.24  Richfield, such.  The disability pension to be is payable as the 
  1.25  by-laws of the association provide. 
  1.26     Sec. 2.  Laws 1967, chapter 798, section 4, is amended to 
  1.27  read: 
  2.1      Sec. 4.  [SERVICE PENSION.] 
  2.2      Subdivision 1.  [AGE AT WHICH SERVICE PENSION IS PAYABLE.] 
  2.3   A member of the fire department, who enters the employment of 
  2.4   the department on or after January 1, 1968, shall not be 
  2.5   eligible to receive a service pension until he the person 
  2.6   reaches the age of 55 years, in lieu of the eligibility 
  2.7   requirement pertaining to age provided in Minnesota Statutes, 
  2.8   Sections 424.21 and 424.22. 
  2.9      Subd. 2.  [SERVICE PENSION AMOUNT.] In lieu of the service 
  2.10  pension amount set forth in Minnesota Statutes, section 424.21, 
  2.11  if its bylaws so provide, the Richfield firefighters relief 
  2.12  association may provide a service pension to a retiring 
  2.13  firefighter with at least 20 years of service equal to 55 
  2.14  percent of the salary, as payable from time to time during the 
  2.15  period of pension payment to firefighters of the highest grade, 
  2.16  not including officers of the department, in the employ of the 
  2.17  city of Richfield. 
  2.18     Sec. 3.  [SURVIVOR BENEFIT AMOUNTS.] 
  2.19     Subdivision 1.  [ELIGIBILITY.] The eligibility requirements 
  2.20  of Minnesota Statutes, section 424.24, apply to the Richfield 
  2.21  firefighters relief association.  The survivor benefit amounts 
  2.22  set forth in subdivisions 2 to 4, apply in lieu of the benefit 
  2.23  amounts set forth in Minnesota Statutes, section 424.24. 
  2.24     Subd. 2.  [SURVIVING SPOUSE BENEFIT AMOUNT.] The Richfield 
  2.25  firefighters relief association, if its bylaws so provide, may 
  2.26  provide a surviving spouse benefit amount of 43.2 percent of the 
  2.27  salary, as payable from time to time during the period of 
  2.28  benefit payment to firefighters of the highest grade, not 
  2.29  including officers of the department, in the employ of the city 
  2.30  of Richfield. 
  2.31     Subd. 3.  [SURVIVING CHILD BENEFIT AMOUNT.] The Richfield 
  2.32  firefighters relief association, if its bylaws so provide, may 
  2.33  provide a surviving child benefit of the following percentage of 
  2.34  the salary, as payable from time to time during the period of 
  2.35  benefit payment to firefighters of the highest grade, not 
  2.36  including officers of the department, in the employ of the city 
  3.1   of Richfield: 
  3.2      (1) if a surviving spouse benefit is also payable, 5.4 
  3.3   percent for each surviving child; or 
  3.4      (2) if a surviving spouse benefit is not also payable, 16.2 
  3.5   percent for each surviving child. 
  3.6      Subd. 4.  [SURVIVOR BENEFIT MAXIMUM.] The maximum of the 
  3.7   combination of survivor benefits under subdivisions 2 and 3 is 
  3.8   54 percent of the salary, as payable from time to time during 
  3.9   the period of benefit payment to firefighters of the highest 
  3.10  grade, not including officers of the department, in the employ 
  3.11  of the city of Richfield. 
  3.12     Subd. 5.  [SURVIVOR BENEFIT PAYMENT DURATION.] (a) A 
  3.13  surviving spouse benefit is payable to a surviving spouse of a 
  3.14  deceased active, deferred, or retired Richfield firefighter 
  3.15  meeting the definition set forth in Minnesota Statutes, section 
  3.16  424.24, subdivision 2, paragraph (a), for the life of that 
  3.17  person. 
  3.18     (b) A surviving child benefit is payable to a surviving 
  3.19  child of a deceased active, deferred, or retired Richfield 
  3.20  firefighter meeting the definition set forth in Minnesota 
  3.21  Statutes, section 424.24, subdivision 2, paragraph (b), until 
  3.22  the person reaches the age of 18. 
  3.23     Sec. 4.  [EFFECTIVE DATE.] 
  3.24     Sections 1, 2, and 3 are effective if there is an 
  3.25  affirmative vote by the Richfield firefighters relief 
  3.26  association to consolidate with the public employees retirement 
  3.27  association under Minnesota Statutes, section 353A.04, on the 
  3.28  day following approval by the Richfield city council and 
  3.29  compliance with Minnesota Statutes, section 645.021. 
  3.30                             ARTICLE 2 
  3.31            CONFORMING CHANGES TO CONSOLIDATION ACCOUNT 
  3.32                         BENEFIT PROVISIONS 
  3.33     Section 1.  Minnesota Statutes 1994, section 353B.07, 
  3.34  subdivision 3, is amended to read: 
  3.35     Subd. 3.  [FORMULA PERCENTAGE RATE.] (a) The formula 
  3.36  percentage rate shall be 2.333 percent per year of allowable 
  4.1   service for each of the first 20 years of allowable service, 
  4.2   1.333 percent per year of allowable service for each year of 
  4.3   allowable service in excess of 20 years but not in excess of 27 
  4.4   years, and .5 percent for each year of allowable service in 
  4.5   excess of 25 years for the former members of the following 
  4.6   consolidating relief associations: 
  4.7      (1) Rochester fire department relief association; 
  4.8      (2) Rochester police relief association; 
  4.9      (3) St. Cloud fire department relief association; 
  4.10     (4) St. Cloud police relief association; 
  4.11     (5) St. Louis Park police relief association; and 
  4.12     (6) Winona police relief association. 
  4.13     (b) The formula percentage rate shall be 2.5 percent per 
  4.14  year of allowable service for each of the first 20 years of 
  4.15  allowable service for the former members of the following 
  4.16  consolidating relief associations: 
  4.17     (1) Albert Lea police relief association; 
  4.18     (2) Anoka police relief association; 
  4.19     (3) Faribault fire department relief association; 
  4.20     (4) Faribault police benefit association; 
  4.21     (5) Mankato police benefit association; 
  4.22     (6) Red Wing police relief association; and 
  4.23     (7) West St. Paul police relief association.  
  4.24     (c) The formula percentage rate shall be 2.5 percent per 
  4.25  year of allowable service for each of the first 20 years of 
  4.26  allowable service and .5 percent per year of allowable service 
  4.27  for each year of service in excess of 25 years of allowable 
  4.28  service for the former members of the following consolidating 
  4.29  relief associations:  
  4.30     (1) Austin firefighters relief association; 
  4.31     (2) Austin police relief association; 
  4.32     (3) South St. Paul firefighters relief association; 
  4.33     (4) South St. Paul police relief association; and 
  4.34     (5) Virginia police relief association. 
  4.35     (d) The formula percentage rate shall be 2.1875 percent per 
  4.36  year of allowable service for each of the first 20 years of 
  5.1   allowable service and 1.25 percent per year of allowable service 
  5.2   for each year of allowable service in excess of 20 years of 
  5.3   allowable service but not in excess of 27 years of allowable 
  5.4   service for the former members of the Columbia Heights police 
  5.5   relief association.  
  5.6      (e) The formula percentage rate shall be 2.65 percent per 
  5.7   year of allowable service for each of the first 20 years of 
  5.8   allowable service and an additional annual benefit of $120 per 
  5.9   year of allowable service in excess of 20 years of allowable 
  5.10  service but not in excess of 25 years of allowable service for 
  5.11  the former members of the following consolidating relief 
  5.12  associations:  
  5.13     (1) Hibbing firefighters relief association; and 
  5.14     (2) Hibbing police relief association. 
  5.15     (f) The formula percentage rate or rates shall be the 
  5.16  following for the former members of the consolidating relief 
  5.17  associations as indicated: 
  5.18     (1) 2.5 percent per year of allowable service for each of 
  5.19  the first 20 years of allowable service, one percent per year of 
  5.20  allowable service in excess of 20 years of allowable service but 
  5.21  not more than 25 years of allowable service, and 1.5 percent per 
  5.22  year of allowable service in excess of 25 years of allowable 
  5.23  service, Albert Lea firefighters relief association; 
  5.24     (2) 2.5333 percent per year of allowable service for each 
  5.25  of the first 20 years of allowable service and 1.3333 percent 
  5.26  per year of allowable service in excess of 20 years of allowable 
  5.27  service, but not in excess of 27 years of allowable service, if 
  5.28  service as an active member terminated before January 31, 1994, 
  5.29  and 2.3333 percent per year of allowable service for each of the 
  5.30  first 20 years of allowable service and 1.3333 percent per year 
  5.31  of allowable service for each year of allowable service in 
  5.32  excess of 20 years of allowable service, but not in excess of 27 
  5.33  years of allowable service if service as an active member 
  5.34  terminated on or after January 31, 1994, Bloomington police 
  5.35  relief association; 
  5.36     (3) the greater of 2.5 percent per year of allowable 
  6.1   service for each of the first 20 years of allowable service 
  6.2   applied to the final salary base, or two percent per year of 
  6.3   allowable service for each of the first 20 years of allowable 
  6.4   service applied to top grade patrol officer's salary base, 
  6.5   Brainerd police relief association; 
  6.6      (4) 4.25 percent per year of allowable service for each of 
  6.7   the first 20 years of allowable service and an additional 
  6.8   benefit of $10 per month per year of allowable service in excess 
  6.9   of 20 years of allowable service but not more than 25 years of 
  6.10  allowable service, Buhl police relief association; 
  6.11     (5) 2.5 percent per year of allowable service for each of 
  6.12  the first 20 years of allowable service and an additional 
  6.13  benefit of $5 per month per year of allowable service in excess 
  6.14  of 20 years of allowable service but not more than 25 years of 
  6.15  allowable service, Chisholm firefighters relief association; 
  6.16     (6) 2.5 percent per year of allowable service for each of 
  6.17  the first 20 years of allowable service and an additional 
  6.18  benefit of $5 per month per year of allowable service in excess 
  6.19  of 20 years of allowable service but not more than 25 years of 
  6.20  allowable service and .5 percent per year of allowable service 
  6.21  in excess of 25 years of allowable service, Chisholm police 
  6.22  relief association; 
  6.23     (7) 2.1875 percent per year of allowable service for each 
  6.24  year of the first 20 years of allowable service, 1.25 percent 
  6.25  per year of allowable service in excess of 20 years of allowable 
  6.26  service but not more than 25 years of allowable service and 1.75 
  6.27  percent per year of allowable service in excess of 25 years of 
  6.28  allowable service, Columbia Heights fire department relief 
  6.29  association, paid division; 
  6.30     (8) 2.5 percent per year of allowable service for each year 
  6.31  of the first 20 years of allowable service and 1.5 percent per 
  6.32  year of allowable service rendered after attaining the age of 60 
  6.33  years, Crookston fire department relief association; 
  6.34     (9) 2.5 percent per year of allowable service for each year 
  6.35  of the first 30 years of allowable service, Crookston police 
  6.36  relief association; 
  7.1      (10) 2.25 percent per year of allowable service for each 
  7.2   year of the first 20 years of allowable service and 1.25 percent 
  7.3   per year of allowable service in excess of 20 years of allowable 
  7.4   service, but not more than 27 years of service, Crystal police 
  7.5   relief association; 
  7.6      (11) 1.99063 percent per year of allowable service for each 
  7.7   year of the first 20 years of allowable service, 1.25 percent 
  7.8   for the 21st year of allowable service, and 2.5 percent per year 
  7.9   of allowable service in excess of 21 years of allowable service 
  7.10  but not more than 25 years of allowable service, Duluth 
  7.11  firefighters relief association; 
  7.12     (12) 1.9875 percent per year of allowable service for each 
  7.13  year of the first 20 years of allowable service, 1.25 percent 
  7.14  for the 21st year of allowable service, and 2.5 percent per year 
  7.15  of allowable service in excess of 21 years of allowable service 
  7.16  but not more than 25 years of allowable service, Duluth police 
  7.17  relief association; 
  7.18     (13) 2.5 percent per year of allowable service for each 
  7.19  year of the first 20 years of allowable service, and two percent 
  7.20  per year of allowable service in excess of 20 years but not more 
  7.21  than 25 years of allowable service and not to include any year 
  7.22  of allowable service rendered after attaining the age of 55 
  7.23  years, Fairmont police benefit association; 
  7.24     (14) two percent per year of allowable service for each 
  7.25  year of the first ten years of allowable service, 2.67 percent 
  7.26  per year of allowable service in excess of ten years of 
  7.27  allowable service but not more than 20 years of allowable 
  7.28  service and 1.3333 percent per year of allowable service in 
  7.29  excess of 20 years of service but not more than 27 years of 
  7.30  allowable service, Fridley police pension association; 
  7.31     (15) 2.5 percent per year of allowable service for each 
  7.32  year of the first 20 years of allowable service and an 
  7.33  additional annual amount of $30 per year of allowable service in 
  7.34  excess of 20 years of allowable service but not more than 30 
  7.35  years of allowable service, Mankato fire department relief 
  7.36  association; 
  8.1      (16) for members who terminated active service as a 
  8.2   Minneapolis firefighter before June 1, 1993, 2.0625 percent per 
  8.3   year of allowable service for each year of the first 20 years of 
  8.4   allowable service, 1.25 percent per year of allowable service in 
  8.5   excess of 20 years of allowable service but not more than 24 
  8.6   years of allowable service and five percent for the 25th year of 
  8.7   allowable service, and for members who terminated active service 
  8.8   as a Minneapolis firefighter after May 31, 1993, two percent for 
  8.9   each year of the first 19 years of allowable service, 3.25 
  8.10  percent for the 20th year of allowable service, and two percent 
  8.11  per year of allowable service in excess of 20 years of service, 
  8.12  but not more than 25 years of allowable service, Minneapolis 
  8.13  fire department relief association; 
  8.14     (17) two percent per year of allowable service for each 
  8.15  year of the first 25 years of allowable service, Minneapolis 
  8.16  police relief association; 
  8.17     (18) the greater of 2.5 percent per year of allowable 
  8.18  service for each of the first 20 years of allowable service 
  8.19  applied to the final salary base, or two percent per year of 
  8.20  allowable service for each of the first 20 years of allowable 
  8.21  service applied to highest patrol officer's salary base plus .5 
  8.22  percent of the final salary base per year of allowable service 
  8.23  for each of the first three years of allowable service in excess 
  8.24  of 20 years of allowable service, New Ulm police relief 
  8.25  association; 
  8.26     (19) two percent per year of allowable service for each of 
  8.27  the first 25 years of allowable service and 1.5 percent per year 
  8.28  of allowable service in excess of 25 years of allowable service, 
  8.29  Red Wing fire department relief association; 
  8.30     (20) 2.55 2.75 percent per year of allowable service for 
  8.31  each of the first 20 years of allowable service, Richfield fire 
  8.32  department relief association; 
  8.33     (21) 2.4 percent per year of allowable service for each of 
  8.34  the first 20 years of allowable service and 1.3333 percent per 
  8.35  year of allowable service in excess of 20 years of allowable 
  8.36  service but not more than 27 years of allowable service, 
  9.1   Richfield police relief association; 
  9.2      (22) for a former member with less than 20 years of 
  9.3   allowable service on June 16, 1985, 2.6 percent, and for a 
  9.4   former member with 20 or more years of allowable service on June 
  9.5   16, 1985, 2.6175 percent for each of the first 20 years of 
  9.6   allowable service and, for each former member, one percent for 
  9.7   each year of allowable service in excess of 20 years, but no 
  9.8   more than 30 years, St. Louis Park fire department relief 
  9.9   association; 
  9.10     (23) 1.9375 percent per year of allowable service for each 
  9.11  of the first 20 years of allowable service, 2.25 percent per 
  9.12  year of allowable service in excess of 20 years of allowable 
  9.13  service but not more than 25 years of allowable service, and .5 
  9.14  percent per year of allowable service in excess of 25 years of 
  9.15  allowable service, St. Paul fire department relief association; 
  9.16     (24) two percent per year of allowable service for each of 
  9.17  the first 25 years of allowable service and .5 percent per year 
  9.18  of allowable service in excess of 25 years of allowable service, 
  9.19  St. Paul police relief association; 
  9.20     (25) 2.25 percent per year of allowable service for each of 
  9.21  the first 20 years of allowable service and one percent per year 
  9.22  of allowable service in excess of 20 years but not more than 25 
  9.23  years of allowable service and .5 percent per year of allowable 
  9.24  service in excess of 25 years, Virginia fire department relief 
  9.25  association; 
  9.26     (26) two percent per year of allowable service for each of 
  9.27  the first 20 years of allowable service, one percent per year of 
  9.28  allowable service in excess of 20 years but not more than 24 
  9.29  years of allowable service, three percent for the 25th year of 
  9.30  allowable service and one percent per year of allowable service 
  9.31  in excess of 25 years of allowable service but not more than 30 
  9.32  years of allowable service, West St. Paul firefighters relief 
  9.33  association; and 
  9.34     (27) 2.333 percent for each of the first 20 years of 
  9.35  allowable service, 1.333 percent for each year of allowable 
  9.36  service in excess of 20 years but no more than 28 years, and .5 
 10.1   percent for each year of allowable service in excess of 25 
 10.2   years, Winona fire department relief association. 
 10.3      Sec. 2.  Minnesota Statutes 1994, section 353B.08, 
 10.4   subdivision 6, is amended to read: 
 10.5      Subd. 6.  [DUTY DISABILITY BENEFIT AMOUNT.] (a) The duty 
 10.6   disability benefit shall be an amount equal to the service 
 10.7   pension amount to which the person would have been entitled if 
 10.8   the person had credit for the greater of actual years of 
 10.9   allowable service or 20 years of allowable service, had attained 
 10.10  the minimum age for the receipt of a service pension, and had 
 10.11  applied for a service pension rather than a disability benefit 
 10.12  for the former members of the following consolidating relief 
 10.13  associations: 
 10.14     (1) Albert Lea firefighters relief association; 
 10.15     (2) Albert Lea police relief association; 
 10.16     (3) Anoka police relief association; 
 10.17     (4) Austin police relief association; 
 10.18     (5) Buhl police relief association; 
 10.19     (6) Chisholm police relief association; 
 10.20     (7) Duluth police relief association; 
 10.21     (8) Faribault fire department relief association; 
 10.22     (9) Mankato police benefit association; 
 10.23     (10) Minneapolis police relief association; 
 10.24     (11) New Ulm police relief association; 
 10.25     (12) Red Wing police relief association; 
 10.26     (13) St. Paul police relief association; 
 10.27     (14) South St. Paul police relief association; and 
 10.28     (15) Virginia police relief association. 
 10.29     (b) The duty disability benefit shall be an amount equal to 
 10.30  48 percent of the salary base for the former members of the 
 10.31  following consolidating relief associations: 
 10.32     (1) Fridley police pension association; 
 10.33     (2) Richfield police relief association; 
 10.34     (3) Rochester fire department relief association; 
 10.35     (4) Rochester police relief association; 
 10.36     (5) St. Cloud fire department relief association; 
 11.1      (6) St. Cloud police relief association; 
 11.2      (7) St. Louis Park police relief association; and 
 11.3      (8) Winona police relief association. 
 11.4      (c) The duty disability benefit shall be an amount equal to 
 11.5   50 percent of the salary base for the former members of the 
 11.6   following consolidating relief associations: 
 11.7      (1) Austin firefighters relief association; 
 11.8      (2) Crookston fire department relief association; 
 11.9      (3) Fairmont police benefit association; 
 11.10     (4) Mankato fire department relief association; 
 11.11     (5) Richfield fire department relief association; 
 11.12     (6) South St. Paul firefighters relief association; and 
 11.13     (7) (6) Virginia fire department relief association.  
 11.14     (d) The duty disability benefit shall be an amount equal to 
 11.15  45 percent of the salary base for the former members of the 
 11.16  Crystal police relief association. 
 11.17     (e) The duty disability benefit shall be an amount equal to 
 11.18  40 percent of the salary base for the former members of the 
 11.19  following consolidating relief associations: 
 11.20     (1) West St. Paul firefighters relief association; and 
 11.21     (2) West St. Paul police relief association.  
 11.22     (f) The duty disability benefit shall be the following for 
 11.23  the former members of the consolidating relief associations as 
 11.24  indicated: 
 11.25     (1) 52 percent of the salary base for former members who 
 11.26  were disabled before January 31, 1994, and 48 percent of the 
 11.27  salary base for former members who become disabled after January 
 11.28  31, 1994, Bloomington police relief association; 
 11.29     (2) 40 percent of the top salary for a patrol officer, 
 11.30  Brainerd police relief association; 
 11.31     (3) $100 per month, Chisholm firefighters relief 
 11.32  association; 
 11.33     (4) 37.5 percent of the salary base if the person has 
 11.34  credit for less than ten years of allowable service, 43.75 
 11.35  percent of the salary base if the person has credit for more 
 11.36  than nine years but less than 15 years of allowable service and 
 12.1   50 percent of the salary base if the person has credit for more 
 12.2   than 14 years of allowable service credit, Columbia Heights fire 
 12.3   department relief association, paid division; 
 12.4      (5) 43.75 percent of the salary base, Columbia Heights 
 12.5   police relief association; 
 12.6      (6) 25 percent of the salary base if the person has credit 
 12.7   for less than 12 years of allowable service and an additional 
 12.8   amount equal to 2.5 percent of the salary base per year if 
 12.9   allowable service for each year of allowable service in excess 
 12.10  of 11 years of allowable service, not more than 50 percent, 
 12.11  Crookston police relief association; 
 12.12     (7) 51.0625 percent of the salary base, Duluth firefighters 
 12.13  relief association; 
 12.14     (8) 12.5 percent of the salary base if the person has 
 12.15  credit for less than six years of allowable service, 2.5 percent 
 12.16  of the salary base per year of allowable service if the person 
 12.17  has more than five years of allowable service, but not more than 
 12.18  50 percent of the salary base, Faribault police benefit 
 12.19  association; 
 12.20     (9) the dollar amount which equals the benefit which would 
 12.21  be payable under chapter 176 for a comparable benefit which 
 12.22  qualifies for a workers' compensation benefit for a first class 
 12.23  disability, 75 percent of the amount payable in the event of a 
 12.24  first class disability for a second class disability and 50 
 12.25  percent of the amount payable in the event of a first class 
 12.26  disability for a third class disability, Hibbing firefighters 
 12.27  relief association; 
 12.28     (10) $120 per month, Hibbing police relief association; 
 12.29     (11) 51.25 percent of the salary base for a first class 
 12.30  disability, 41.25 percent of the salary base for a second class 
 12.31  disability, and 31.25 percent of the salary base for a third 
 12.32  class disability, Minneapolis fire department relief 
 12.33  association; 
 12.34     (12) 40 percent of the salary base if the person has credit 
 12.35  for less than 20 years of allowable service and two percent of 
 12.36  the salary base per year of allowable service if the person has 
 13.1   more than 19 years of allowable service, but not more than 50 
 13.2   percent, Red Wing fire department relief association; 
 13.3      (13) 54 percent of the salary base, Richfield fire 
 13.4   department relief association; 
 13.5      (14) 50 percent of the salary base if the person has credit 
 13.6   for less than 20 years of allowable service and an amount equal 
 13.7   to the service pension amount to which the person would have 
 13.8   been entitled based on the applicable amount of allowable 
 13.9   service if the person had attained the minimum age for the 
 13.10  receipt of a service pension and had applied for a service 
 13.11  pension rather than a disability benefit and if the person has 
 13.12  credit for at least 20 years of allowable service, St. Louis 
 13.13  Park fire department relief association; 
 13.14     (14) (15) 50 percent of the salary base if the person is 
 13.15  not able to perform the duties of any other gainful employment, 
 13.16  39.375 percent of the salary base if the person is only able to 
 13.17  perform the duties of light manual labor or office employment 
 13.18  and 33.75 percent of the salary base if the person is able to 
 13.19  perform the duties of other manual labor, St. Paul fire 
 13.20  department relief association; and 
 13.21     (15) (16) 42.667 percent of the salary base, Winona fire 
 13.22  department relief association. 
 13.23     Sec. 3.  Minnesota Statutes 1994, section 353B.11, 
 13.24  subdivision 3, is amended to read: 
 13.25     Subd. 3.  [AMOUNT; SURVIVING SPOUSE BENEFIT.] (a) The 
 13.26  surviving spouse benefit shall be 30 percent of the salary base 
 13.27  for the former members of the following consolidating relief 
 13.28  associations:  
 13.29     (1) Albert Lea firefighters relief association; 
 13.30     (2) Albert Lea police relief association; 
 13.31     (3) Anoka police relief association; 
 13.32     (4) Austin firefighters relief association; 
 13.33     (5) Austin police relief association; 
 13.34     (6) Brainerd police benefit association; 
 13.35     (7) Crookston police relief association; 
 13.36     (8) Faribault fire department relief association; and 
 14.1      (9) West St. Paul firefighters relief association.  
 14.2      (b) The surviving spouse benefit shall be 25 percent of the 
 14.3   salary base for the former members of the following 
 14.4   consolidating relief associations:  
 14.5      (1) Chisholm police relief association; 
 14.6      (2) Duluth firefighters relief association; 
 14.7      (3) Duluth police pension association; 
 14.8      (4) Fairmont police benefit association; 
 14.9      (5) Red Wing fire department relief association; 
 14.10     (6) South St. Paul police relief association; and 
 14.11     (7) West St. Paul police relief association. 
 14.12     (c) The surviving spouse benefit shall be 24 percent of the 
 14.13  salary base for the former members of the following 
 14.14  consolidating relief associations: 
 14.15     (1) Fridley police pension association; 
 14.16     (2) Richfield police relief association; 
 14.17     (3) Rochester fire department relief association; 
 14.18     (4) Rochester police relief association; 
 14.19     (5) Winona fire department relief association; and 
 14.20     (6) Winona police relief association. 
 14.21     (d) The surviving spouse benefit shall be 40 percent of the 
 14.22  salary base for the former members of the following 
 14.23  consolidating relief associations: 
 14.24     (1) Columbia Heights fire department relief association, 
 14.25  paid division; and 
 14.26     (2) New Ulm police relief association; and 
 14.27     (3) Richfield fire department relief association.  
 14.28     (e) The surviving spouse benefit shall be $250 per month 
 14.29  for the former members of the following consolidating relief 
 14.30  associations: 
 14.31     (1) Hibbing firefighters relief association; and 
 14.32     (2) Hibbing police relief association. 
 14.33     (f) The surviving spouse benefit shall be 23.75 percent of 
 14.34  the salary base for the former members of the following 
 14.35  consolidating relief associations: 
 14.36     (1) Crystal police relief associations; and 
 15.1      (2) Minneapolis police relief association.  
 15.2      (g) The surviving spouse benefit shall be 32 percent of the 
 15.3   salary base for the former members of the following 
 15.4   consolidating relief associations: 
 15.5      (1) St. Cloud fire department relief association; and 
 15.6      (2) St. Cloud police relief association. 
 15.7      (h) The surviving spouse benefit shall be one-half of the 
 15.8   service pension or disability benefit which the deceased member 
 15.9   was receiving as of the date of death, or of the service pension 
 15.10  which the deferred member would have been receiving if the 
 15.11  service pension had commenced as of the date of death or of the 
 15.12  service pension which the active member would have received 
 15.13  based on the greater of the allowable service credit of the 
 15.14  person as of the date of death or 20 years of allowable service 
 15.15  credit if the person would have been eligible as of the date of 
 15.16  death, for the former members of the following consolidating 
 15.17  relief associations: 
 15.18     (1) Virginia fire department relief association; and 
 15.19     (2) Virginia police relief association. 
 15.20     (i) The surviving spouse benefit shall be the following for 
 15.21  the former members of the consolidating relief associations as 
 15.22  indicated: 
 15.23     (1) 27.333 percent of the salary base, or one-half of the 
 15.24  service pension payable to or accrued by the deceased former 
 15.25  member, whichever is greater, Bloomington police relief 
 15.26  association; 
 15.27     (2) 72.25 percent of the salary base, Buhl police relief 
 15.28  association; 
 15.29     (3) 50 percent of the service pension which the active 
 15.30  member would have received based on allowable service credit to 
 15.31  the date of death and prospective service from the date of death 
 15.32  until the date on which the person would have attained the 
 15.33  normal retirement age, 50 percent of the service pension which 
 15.34  the deferred member would have been receiving if the service 
 15.35  pension had commenced as of the date of death or $175 per month 
 15.36  if the deceased member was receiving a service pension or 
 16.1   disability benefit as of the date of death, Chisholm 
 16.2   firefighters relief association; 
 16.3      (4) two-thirds of the service pension or disability benefit 
 16.4   which the deceased member was receiving as of the date of death, 
 16.5   or of the service pension which the deferred member would have 
 16.6   been receiving if the service pension had commenced as of the 
 16.7   date of death or of the service pension which the active member 
 16.8   would have received based on the greater of the allowable 
 16.9   service credit of the person as of the date of death or 20 years 
 16.10  of allowable service credit if the person would have been 
 16.11  eligible as of the date of death, Columbia Heights police relief 
 16.12  association; 
 16.13     (5) the greater of $300 per month or one-half of the 
 16.14  service pension or disability benefit which the deceased member 
 16.15  was receiving as of the date of death, or of the service pension 
 16.16  which the deferred member would have been receiving if the 
 16.17  service pension had commenced as of the date of death or of the 
 16.18  service pension which the active member would have received 
 16.19  based on the allowable service credit of the person as of the 
 16.20  date of death if the person would have been eligible as of the 
 16.21  date of death, Crookston fire department relief association; 
 16.22     (6) $100 per month, Faribault police benefit association; 
 16.23     (7) 60 percent of the service pension or disability benefit 
 16.24  which the deceased member was receiving as of the date of death, 
 16.25  or of the service pension which the deferred member would have 
 16.26  been receiving if the service pension had commenced as of the 
 16.27  date of death or of the service pension which the active member 
 16.28  would have received based on the allowable service credit of the 
 16.29  person as of the date of death if the person would have been 
 16.30  eligible as of the date of death, Mankato fire department relief 
 16.31  association; 
 16.32     (8) $175 per month, Mankato police benefit association; 
 16.33     (9) 26.25 percent of the salary base, Minneapolis fire 
 16.34  department relief association; 
 16.35     (10) equal to the service pension or disability benefit 
 16.36  which the deceased member was receiving as of the date of death, 
 17.1   or of the service pension which the deferred member would have 
 17.2   been receiving if the service pension had commenced as of the 
 17.3   date of death or of the service pension which the active member 
 17.4   would have received based on the allowable service credit of the 
 17.5   person as of the date of death if the person would have been 
 17.6   eligible as of the date of death, Red Wing police relief 
 17.7   association; 
 17.8      (11) 43.2 percent of the salary base, Richfield fire 
 17.9   department relief association; 
 17.10     (12) 40 percent of the salary base for a surviving spouse 
 17.11  of a deceased active member, disabled member, or retired or 
 17.12  deferred member with at least 20 years of allowable service, or 
 17.13  the prorated portion of 40 percent of the salary base that bears 
 17.14  the same relationship to 40 percent that the deceased member's 
 17.15  years of allowable service bear to 20 years of allowable service 
 17.16  for the surviving spouse of a deceased retired or deferred 
 17.17  member with at least ten but less than 20 years of allowable 
 17.18  service, St. Louis Park fire department relief association; 
 17.19     (12) (13) 26.6667 percent of the salary base, St. Louis 
 17.20  Park police relief association; 
 17.21     (13) (14) 27.5 percent of the salary base, St. Paul fire 
 17.22  department relief association; 
 17.23     (14) (15) 20 percent of the salary base, St. Paul police 
 17.24  relief association; and 
 17.25     (15) (16) 27 percent of the salary base, South St. Paul 
 17.26  firefighters relief association. 
 17.27     Sec. 4.  Minnesota Statutes 1994, section 353B.11, 
 17.28  subdivision 4, is amended to read: 
 17.29     Subd. 4.  [AMOUNT; SURVIVING CHILD BENEFIT.] (a) The 
 17.30  surviving child benefit shall be eight percent of the salary 
 17.31  base for the former members of the following consolidating 
 17.32  relief associations:  
 17.33     (1) Fridley police pension association; 
 17.34     (2) Red Wing fire department relief association; 
 17.35     (3) Richfield police relief association; 
 17.36     (4) Rochester fire department relief association; 
 18.1      (5) Rochester police relief association; 
 18.2      (6) St. Cloud police relief association; 
 18.3      (7) St. Louis Park police relief association; 
 18.4      (8) South St. Paul firefighters relief association; 
 18.5      (9) Winona fire department relief association; and 
 18.6      (10) Winona police relief association. 
 18.7      (b) The surviving child benefit shall be $25 per month for 
 18.8   the former members of the following consolidating relief 
 18.9   associations:  
 18.10     (1) Anoka police relief association; 
 18.11     (2) Austin firefighters relief association; 
 18.12     (3) Austin police relief association; 
 18.13     (4) Faribault police benefit association; 
 18.14     (5) Hibbing firefighters relief association; 
 18.15     (6) Mankato police benefit association; 
 18.16     (7) South St. Paul police relief association; and 
 18.17     (8) Virginia fire department relief association. 
 18.18     (c) The surviving child benefit shall be ten percent of the 
 18.19  salary base for the former members of the following 
 18.20  consolidating relief associations:  
 18.21     (1) Albert Lea police relief association; 
 18.22     (2) Crookston police relief association; 
 18.23     (3) Duluth firefighters relief association; 
 18.24     (4) Duluth police pension association; 
 18.25     (5) Faribault fire department relief association; and 
 18.26     (6) Minneapolis fire department relief association.  
 18.27     (d) The surviving child benefit shall be five percent of 
 18.28  the salary base for the former members of the following 
 18.29  consolidating relief associations:  
 18.30     (1) Columbia Heights fire department relief association, 
 18.31  paid division; 
 18.32     (2) St. Paul police relief association; and 
 18.33     (3) West St. Paul firefighters relief associations.  
 18.34     (e) The surviving child benefit shall be $15 per month for 
 18.35  the former members of the following consolidating relief 
 18.36  associations:  
 19.1      (1) Crookston fire department relief association; 
 19.2      (2) Hibbing police relief association; and 
 19.3      (3) West St. Paul police relief association. 
 19.4      (f) The surviving child benefit shall be 7.5 percent of the 
 19.5   salary base for the former members of the following 
 19.6   consolidating relief associations:  
 19.7      (1) Bloomington police relief association; and 
 19.8      (2) Crystal police relief association. 
 19.9      (g) The surviving child benefit shall be the following for 
 19.10  the former members of the consolidating relief associations as 
 19.11  indicated:  
 19.12     (1) ten percent of the salary base if a surviving spouse 
 19.13  benefit is also payable, that amount between ten percent of the 
 19.14  salary base and 50 percent of the salary base as determined by 
 19.15  the executive director of the public employees retirement 
 19.16  association, based on the financial circumstances and need of 
 19.17  the surviving child or surviving children, applied in a uniform 
 19.18  manner, reflective to the extent practicable or determinable to 
 19.19  the past administrative practices of the board of the 
 19.20  consolidating relief association before the effective date of 
 19.21  the consolidation if there is a surviving spouse but no 
 19.22  surviving spouse benefit is also payable on account of the 
 19.23  remarriage of the surviving spouse, or 50 percent of the salary 
 19.24  base, payable in equal shares for more than one surviving child, 
 19.25  if there is no surviving spouse, Albert Lea firefighters relief 
 19.26  association; 
 19.27     (2) four percent of the salary base, Brainerd police 
 19.28  benefit association; 
 19.29     (3) $125 per month if a surviving spouse benefit is also 
 19.30  payable or an amount equal to the surviving spouse benefit, 
 19.31  payable in equal shares if there is more than one surviving 
 19.32  child, if no surviving spouse benefit is payable, Buhl police 
 19.33  relief association; 
 19.34     (4) $15 per month, Chisholm firefighters relief 
 19.35  association; 
 19.36     (5) $125 per month, Chisholm police relief association; 
 20.1      (6) $50 per month, Columbia Heights police relief 
 20.2   association; 
 20.3      (7) 6.25 percent of the salary base, Fairmont police 
 20.4   benefit association; 
 20.5      (8) 12.5 percent of the service pension or disability 
 20.6   benefit which the deceased member was receiving as of the date 
 20.7   of death, or of the service pension which the deferred member 
 20.8   would have been receiving if the service pension had commenced 
 20.9   as of the date of death or of the service pension which the 
 20.10  active member would have received based on the allowable service 
 20.11  credit of the person as of the date of death if the person would 
 20.12  have been eligible as of the date of death, Mankato fire 
 20.13  department relief association; 
 20.14     (9) ten percent of the salary base if a surviving spouse 
 20.15  benefit is also payable or an amount determined by the executive 
 20.16  director of the public employees retirement association based on 
 20.17  the financial circumstances and need of the surviving child or 
 20.18  surviving children, applied in a uniform manner, and subject to 
 20.19  the largest applicable amount surviving child benefit maximum if 
 20.20  no surviving spouse benefit is also payable, Minneapolis police 
 20.21  relief association; 
 20.22     (10) $25 per month if a surviving spouse benefit is also 
 20.23  payable or an amount equal to the surviving spouse benefit, 
 20.24  payable in equal shares if there is more than one surviving 
 20.25  child, New Ulm police relief association; 
 20.26     (11) in an amount determined by the executive director of 
 20.27  the public employees retirement association based on the 
 20.28  financial circumstances and need of the surviving child or 
 20.29  surviving children, applied in a uniform manner, reflective to 
 20.30  the extent practicable or determinable to the past 
 20.31  administrative practices of the board of the consolidating 
 20.32  relief association before the effective date of the 
 20.33  consolidation and not more than the largest surviving child 
 20.34  benefit amount prescribed for any other actual or potential 
 20.35  consolidating relief association as provided in this section, 
 20.36  Red Wing police relief association; 
 21.1      (12) five 5.4 percent of the salary base if a surviving 
 21.2   spouse benefit is also payable or 15 16.2 percent of the salary 
 21.3   base if no surviving spouse benefit is payable, Richfield fire 
 21.4   department relief association; 
 21.5      (13) 5.3334 percent of the salary base, St. Cloud fire 
 21.6   department relief association; 
 21.7      (14) five percent of the salary base if a surviving spouse 
 21.8   benefit is also payable or 15 percent of the salary base if no 
 21.9   surviving spouse benefit is also payable for the surviving child 
 21.10  or children of a deceased active member, disabled member, or 
 21.11  retired or deferred member with at least 20 years of active 
 21.12  service, or the prorated portion of five percent of the salary 
 21.13  base if a surviving spouse benefit is also payable or 15 percent 
 21.14  of the salary base if no surviving spouse benefit is also 
 21.15  payable that bears the same relationship to five or 15 percent 
 21.16  that the deceased member's years of allowable service bear to 20 
 21.17  years of allowable service for the surviving child or children 
 21.18  of a deceased retired or deferred member with at least ten but 
 21.19  less than 20 years of allowable service, St. Louis Park fire 
 21.20  department relief association; 
 21.21     (15) ten percent of the salary base, St. Paul fire 
 21.22  department relief association; and 
 21.23     (16) $50 per month, Virginia police relief association. 
 21.24     Sec. 5.  Minnesota Statutes 1994, section 353B.11, 
 21.25  subdivision 5, is amended to read: 
 21.26     Subd. 5.  [SURVIVOR BENEFIT MAXIMUM.] (a) No surviving 
 21.27  children or surviving family maximum shall be applicable to 
 21.28  former members of the following consolidating relief 
 21.29  associations:  
 21.30     (1) Buhl police relief association; 
 21.31     (2) Chisholm firefighters relief association; 
 21.32     (3) Chisholm police relief association; 
 21.33     (4) Hibbing firefighters relief association; 
 21.34     (5) Mankato police benefit association; 
 21.35     (6) New Ulm police relief association; 
 21.36     (7) Red Wing fire department relief association; 
 22.1      (8) Red Wing police relief association; 
 22.2      (9) St. Paul police relief association; and 
 22.3      (10) South St. Paul police relief association.  
 22.4      (b) The surviving children maximum shall be 24 percent of 
 22.5   the salary base, if a surviving spouse benefit is also payable 
 22.6   or 48 percent of the salary base, if no surviving spouse benefit 
 22.7   is also payable, for the former members of the following 
 22.8   consolidating relief associations:  
 22.9      (1) Fridley police pension association; 
 22.10     (2) Richfield police relief association; 
 22.11     (3) Rochester fire department relief association; 
 22.12     (4) Rochester police relief association; 
 22.13     (5) Winona fire department relief association; and 
 22.14     (6) Winona police relief association.  
 22.15     (c) The surviving family maximum shall be 50 percent of the 
 22.16  salary base for the former members of the following 
 22.17  consolidating relief associations:  
 22.18     (1) Anoka police relief association; 
 22.19     (2) Austin firefighters relief association; 
 22.20     (3) Austin police relief association; 
 22.21     (4) Duluth firefighters relief association; and 
 22.22     (5) Richfield fire department relief association; and 
 22.23     (6) St. Louis Park fire department relief association. 
 22.24     (d) The surviving family maximum shall be an amount equal 
 22.25  to the service pension which a retiring member would have 
 22.26  received based on 20 years of allowable service credit if the 
 22.27  member had attained the age of at least 50 years in the case of 
 22.28  an active member, or of the service pension which the deferred 
 22.29  member would have been receiving if the service pension had 
 22.30  commenced as of the date of death in the case of a deferred 
 22.31  member, or of the service pension or disability benefit which 
 22.32  the deceased member was receiving as of the date of death, for 
 22.33  the former members of the following consolidating relief 
 22.34  associations:  
 22.35     (1) Columbia Heights police relief association; 
 22.36     (2) Virginia fire department relief association; and 
 23.1      (3) Virginia police relief association. 
 23.2      (e) The surviving children maximum shall be 25 percent of 
 23.3   the salary base, if a surviving spouse benefit is also payable 
 23.4   or 50 percent of the salary base, if no surviving spouse benefit 
 23.5   is also payable, for the former members of the following 
 23.6   consolidating relief associations:  
 23.7      (1) Duluth police pension association; and 
 23.8      (2) Fairmont police benefit association.  
 23.9      (f) The surviving children maximum shall be 22.5 percent of 
 23.10  the salary base, if a surviving spouse benefit is also payable 
 23.11  or 45 percent of the salary base, if no surviving spouse benefit 
 23.12  is also payable, for the former members of the Crystal police 
 23.13  relief association.  
 23.14     (g) The surviving children maximum shall be 16 percent of 
 23.15  the salary base, if a surviving spouse benefit is also payable 
 23.16  or 48 percent of the salary base, if no surviving spouse benefit 
 23.17  is also payable, for the former members of the following 
 23.18  consolidating relief associations:  
 23.19     (1) St. Cloud fire department relief association; and 
 23.20     (2) St. Cloud police relief association.  
 23.21     (h) The surviving children maximum shall be 20 percent of 
 23.22  the salary base, if a surviving spouse benefit is also payable 
 23.23  or 50 percent of the salary base, if no surviving spouse benefit 
 23.24  is also payable, for the former members of the following 
 23.25  consolidating relief associations:  
 23.26     (1) Albert Lea firefighters relief association; 
 23.27     (2) Albert Lea police relief association; and 
 23.28     (3) Faribault fire department relief association.  
 23.29     (i) The surviving family maximum shall be the following for 
 23.30  the former members of the consolidating relief associations:  
 23.31     (1) 60 percent of the salary base, Bloomington police 
 23.32  relief association; 
 23.33     (2) $450 per month, Crookston police relief association; 
 23.34     (3) 80 percent of the service pension or disability benefit 
 23.35  which the deceased member was receiving as of the date of death, 
 23.36  or of the service pension which the deferred member would have 
 24.1   been receiving if the service pension had commenced as of the 
 24.2   date of death or of the service pension which the active member 
 24.3   would have received based on the greater of the allowable 
 24.4   service credit of the person as of the date of death or 20 years 
 24.5   of allowable service credit if the person would have been 
 24.6   eligible as of the date of death, Mankato fire department relief 
 24.7   association; and 
 24.8      (4) 54 percent of the salary base, Richfield fire 
 24.9   department relief association; and 
 24.10     (5) 57.5 percent of the salary base, St. Paul fire 
 24.11  department relief association.  
 24.12     (j) The surviving child maximum shall be the following for 
 24.13  the former members of the consolidating relief associations:  
 24.14     (1) 20 percent of the top salary payable to a patrol 
 24.15  officer, Brainerd police benefit association; 
 24.16     (2) ten percent of the salary base, if a surviving spouse 
 24.17  benefit is also payable or 15 percent of the salary base, if no 
 24.18  surviving spouse benefit is also payable, Columbia Heights fire 
 24.19  department relief association, paid division; 
 24.20     (3) $105 per month if a surviving spouse benefit is also 
 24.21  payable or $90 per month if no surviving spouse benefit is also 
 24.22  payable, Crookston fire department relief association; 
 24.23     (4) $125 per month, Faribault police benefit association; 
 24.24     (5) $30 per month if a surviving spouse benefit is also 
 24.25  payable or $180 per month if no surviving spouse benefit is also 
 24.26  payable, Hibbing police relief association; 
 24.27     (6) 25 percent of the salary base, if a surviving spouse 
 24.28  benefit is also payable or 51.25 percent of the salary base, if 
 24.29  no surviving spouse benefit is also payable, Minneapolis fire 
 24.30  department relief association; 
 24.31     (7) 17.5 percent of the salary base, if a surviving spouse 
 24.32  benefit is also payable or 50 percent of the salary base, if no 
 24.33  surviving spouse benefit is also payable, Minneapolis police 
 24.34  relief association; 
 24.35     (8) 24 percent of the salary base, St. Louis Park police 
 24.36  relief association; 
 25.1      (9) 23 percent of the salary base, if a surviving spouse 
 25.2   benefit is also payable or 50 percent of the salary base, if no 
 25.3   surviving spouse benefit is also payable, South St. Paul 
 25.4   firefighters relief association; 
 25.5      (10) ten percent of the salary base, West St. Paul 
 25.6   firefighters relief association; and 
 25.7      (11) $30 per month if a surviving spouse benefit is also 
 25.8   payable or $75 per month if no surviving spouse benefit is also 
 25.9   payable, West St. Paul police relief association. 
 25.10     Sec. 6.  [EFFECTIVE DATE.] 
 25.11     Sections 1 to 5 are effective upon the effective date of 
 25.12  article 1, section 4.