SF 2126

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to retirement; various local pension plans; 
  1.3             making miscellaneous benefit and administrative 
  1.4             changes; amending Minnesota Statutes 1994, sections 
  1.5             353B.07, subdivision 3; 353B.08, subdivision 6; 
  1.6             353B.11, subdivisions 1, 3, 4, and 5; and 353B.13; 
  1.7             Laws 1965, chapter 519, section 1, as amended; Laws 
  1.8             1967, chapter 798, sections 2 and 4; Laws 1992, 
  1.9             chapter 563, section 5; Laws 1994, chapter 490, 
  1.10            section 2; and Laws 1995, chapter 262, article 7, 
  1.11            section 1. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13                             ARTICLE 1 
  1.14               GENERAL EMPLOYEE RETIREMENT PROVISIONS 
  1.15     Section 1.  Laws 1995, chapter 262, article 7, section 1, 
  1.16  is amended to read: 
  1.17     Section 1.  [TRANSFERRED EMPLOYEES.] 
  1.18     This section applies if the Itasca county medical center is 
  1.19  sold, leased, or transferred to a private entity or public 
  1.20  corporation.  Notwithstanding any provision of Minnesota 
  1.21  Statutes, sections 356.24 and 356.25 to the contrary, to 
  1.22  facilitate the orderly transition of employees affected by the 
  1.23  sale, lease, or transfer, the county may, in its discretion, 
  1.24  make, from assets to be transferred to the private entity or 
  1.25  public corporation, payments to a qualified pension plan 
  1.26  established for the transferred employees by the private 
  1.27  entity or public corporation, to provide benefits substantially 
  1.28  similar to those the employees would have been entitled to under 
  2.1   the provisions of the public employees retirement association, 
  2.2   Minnesota Statutes 1994, sections 353.01 to 353.46. 
  2.3      Sec. 2.  [TREATMENT OF TERMINATED, NONVESTED EMPLOYEES.] 
  2.4      Subdivision 1.  [ELIGIBILITY.] (a) An eligible individual 
  2.5   is an individual who: 
  2.6      (1) is an employee of the Itasca county medical center 
  2.7   immediately prior to the sale, lease, or transfer of that 
  2.8   facility to a private entity or public corporation; 
  2.9      (2) is terminated at the time of the sale, lease, or 
  2.10  transfer; and 
  2.11     (3) had less than three years of service credit in the 
  2.12  public employees retirement association plan at the date of 
  2.13  termination. 
  2.14     (b) For an eligible individual under paragraph (a), the 
  2.15  county may make a member contribution equivalent payment under 
  2.16  subdivision 2. 
  2.17     Subd. 2.  [MEMBER CONTRIBUTION EQUIVALENT PAYMENT.] The 
  2.18  member contribution equivalent payment is an amount equal to the 
  2.19  total refund provided by Minnesota Statutes, section 353.34, 
  2.20  subdivisions 1 and 2.  To be eligible for the member 
  2.21  contribution equivalent payment, the individual in subdivision 
  2.22  1, paragraph (a), must apply for a refund under Minnesota 
  2.23  Statutes, section 353.34, subdivisions 1 and 2, within one year 
  2.24  of termination.  A member contribution equivalent amount 
  2.25  exceeding $200 must be made directly to an individual retirement 
  2.26  account under section 408(a) of the federal Internal Revenue 
  2.27  Code, as amended, or to another qualified plan.  A member 
  2.28  contribution equivalent amount of $200 or less may, at the 
  2.29  preference of the individual, be made to the individual or to an 
  2.30  individual retirement account under section 408(a) of the 
  2.31  federal Internal Revenue Code, as amended, or to another 
  2.32  qualified plan. 
  2.33     Sec. 3.  [EFFECTIVE DATE.] 
  2.34     Sections 1 and 2 are effective on the day following 
  2.35  approval by the Itasca county board and compliance with 
  2.36  Minnesota Statutes, section 645.021. 
  3.1                              ARTICLE 2 
  3.2             PUBLIC SAFETY EMPLOYEE RETIREMENT PROVISIONS 
  3.3      Section 1.  Laws 1967, chapter 798, section 2, is amended 
  3.4   to read: 
  3.5      Sec. 2.  [RICHFIELD FIREFIGHTERS RELIEF ASSOCIATION; 
  3.6   DISABILITY PENSION AMOUNT.] In lieu of the disability pension 
  3.7   and limitation as provided for in Minnesota Statutes, Section 
  3.8   424.20, the firemen's firefighters relief association in the 
  3.9   city of Richfield may provide for disability benefits, as 
  3.10  defined in Minnesota Statutes, Section 424.19, of not more than 
  3.11  a sum equal to one-half 54 percent of the salary, as payable 
  3.12  from time to time during the period of pension payment 
  3.13  to firemen firefighters of the highest grade, not including 
  3.14  officers of the department, in the employ of the city of 
  3.15  Richfield, such.  The disability pension to be is payable as the 
  3.16  by-laws of the association provide. 
  3.17     Sec. 2.  Laws 1967, chapter 798, section 4, is amended to 
  3.18  read: 
  3.19     Sec. 4.  [SERVICE PENSION.] 
  3.20     Subdivision 1.  [AGE AT WHICH SERVICE PENSION IS PAYABLE.] 
  3.21  A member of the fire department, who enters the employment of 
  3.22  the department on or after January 1, 1968, shall not be 
  3.23  eligible to receive a service pension until he the person 
  3.24  reaches the age of 55 years, in lieu of the eligibility 
  3.25  requirement pertaining to age provided in Minnesota Statutes, 
  3.26  Sections 424.21 and 424.22. 
  3.27     Subd. 2.  [SERVICE PENSION AMOUNT.] In lieu of the service 
  3.28  pension amount set forth in Minnesota Statutes, section 424.21, 
  3.29  if its bylaws so provide, the Richfield firefighters relief 
  3.30  association may provide a service pension to a retiring 
  3.31  firefighter with at least 20 years of service equal to 55 
  3.32  percent of the salary, as payable from time to time during the 
  3.33  period of pension payment to firefighters of the highest grade, 
  3.34  not including officers of the department, in the employ of the 
  3.35  city of Richfield. 
  3.36     Sec. 3.  Laws 1992, chapter 563, section 5, is amended to 
  4.1   read: 
  4.2      Sec. 5.  [ST. PAUL POLICE AND FIRE CONSOLIDATION ACCOUNTS; 
  4.3   LIMITATION ON POSTRETIREMENT BENEFIT REDUCTIONS.] 
  4.4      (a) A monthly service pension or retirement benefit payment 
  4.5   from the St. Paul fire department relief association 
  4.6   consolidation account or the St. Paul police relief association 
  4.7   consolidation account may not be reduced in amount to an amount 
  4.8   that is less than that received by the person for the 
  4.9   immediately previous month.  
  4.10     (b) The service pension or retirement benefit payable from 
  4.11  the St. Paul fire department consolidation account or from the 
  4.12  St. Paul police consolidation account to a person who becomes 
  4.13  newly entitled to that service pension or retirement benefit may 
  4.14  not be an amount that is less than the service pension or 
  4.15  retirement benefit then payable to a comparably situated 
  4.16  pensioner or benefit recipient of that consolidation account. 
  4.17     This (c) The limitation in paragraph (a) or (b) may not be 
  4.18  construed to limit the power of the board of trustees of the 
  4.19  relief executive director of the public employees retirement 
  4.20  association to require proof of continuing eligibility for 
  4.21  receipt of a disability benefit or a survivor benefit, or to 
  4.22  require the reduction in amount or elimination of a disability 
  4.23  benefit in the event of changed medical circumstances, or to 
  4.24  require the reduction in amount or elimination of a survivor 
  4.25  benefit in the event of changes in eligibility. 
  4.26     Sec. 4.  Laws 1994, chapter 490, section 2, is amended to 
  4.27  read: 
  4.28     Sec. 2.  [AUSTIN FIRE DEPARTMENT RELIEF ASSOCIATION; 
  4.29  SURVIVOR COVERAGE FOR CERTAIN SPOUSES OF CERTAIN RETIRED 
  4.30  FIREFIGHTERS.] 
  4.31     (a) Notwithstanding any provision to the contrary of the 
  4.32  general or special laws governing the Austin fire department 
  4.33  relief association, the articles of incorporation of the relief 
  4.34  association, or the bylaws of the relief association, a person 
  4.35  described in paragraph (b) is entitled to a surviving spouse 
  4.36  benefit as provided in paragraph (c). 
  5.1      (b) A person entitled under paragraph (a) is a person who: 
  5.2      (1) was the legally married spouse of a deceased retired or 
  5.3   disabled member of the Austin fire department relief association 
  5.4   at the time of the deceased member's death; 
  5.5      (2) married the retired or disabled member after the date 
  5.6   on which the member terminated active employment as a 
  5.7   firefighter by the Austin fire department; and 
  5.8      (3) was married for at least three years before the date of 
  5.9   the death of the retired or disabled member; and 
  5.10     (3) was married to a retired or disabled member whose prior 
  5.11  spouse, if any, predeceased the member.  
  5.12     (c) The surviving spouse benefit is an amount equal to the 
  5.13  amount of a surviving spouse benefit payable by the Austin fire 
  5.14  department relief association to the surviving spouse of a 
  5.15  deceased active member of the relief association under Laws 
  5.16  1949, chapter 87, section 26, subdivision 4, as amended by Laws 
  5.17  1965, chapter 418, section 5, reduced by any amount awarded or 
  5.18  payable from the service pension or disability benefit of the 
  5.19  deceased former firefighter to a former spouse of the deceased 
  5.20  active member by virtue of the legal dissolution of the member's 
  5.21  marriage to the former spouse. 
  5.22     Sec. 5.  [SURVIVOR BENEFIT AMOUNTS.] 
  5.23     Subdivision 1.  [ELIGIBILITY.] The eligibility requirements 
  5.24  of Minnesota Statutes, section 424.24, apply to the Richfield 
  5.25  firefighters relief association.  The survivor benefit amounts 
  5.26  set forth in subdivisions 2 to 4 apply in lieu of the benefit 
  5.27  amounts set forth in Minnesota Statutes, section 424.24. 
  5.28     Subd. 2.  [SURVIVING SPOUSE BENEFIT AMOUNT.] The Richfield 
  5.29  firefighters relief association, if its bylaws so provide, may 
  5.30  provide a surviving spouse benefit amount of 43.2 percent of the 
  5.31  salary, as payable from time to time during the period of 
  5.32  benefit payment to firefighters of the highest grade, not 
  5.33  including officers of the department, in the employ of the city 
  5.34  of Richfield. 
  5.35     Subd. 3.  [SURVIVING CHILD BENEFIT AMOUNT.] The Richfield 
  5.36  firefighters relief association, if its bylaws so provide, may 
  6.1   provide a surviving child benefit of the following percentage of 
  6.2   the salary, as payable from time to time during the period of 
  6.3   benefit payment to firefighters of the highest grade, not 
  6.4   including officers of the department, in the employ of the city 
  6.5   of Richfield: 
  6.6      (1) if a surviving spouse benefit is also payable, 5.4 
  6.7   percent for each surviving child; or 
  6.8      (2) if a surviving spouse benefit is not also payable, 16.2 
  6.9   percent for each surviving child. 
  6.10     Subd. 4.  [SURVIVOR BENEFIT MAXIMUM.] The maximum of the 
  6.11  combination of survivor benefits under subdivisions 2 and 3 is 
  6.12  54 percent of the salary, as payable from time to time during 
  6.13  the period of benefit payment to firefighters of the highest 
  6.14  grade, not including officers of the department, in the employ 
  6.15  of the city of Richfield. 
  6.16     Subd. 5.  [SURVIVOR BENEFIT PAYMENT DURATION.] (a) A 
  6.17  surviving spouse benefit is payable to a surviving spouse of a 
  6.18  deceased active, deferred, or retired Richfield firefighter 
  6.19  meeting the definition set forth in Minnesota Statutes, section 
  6.20  424.24, subdivision 2, paragraph (a), for the life of that 
  6.21  person. 
  6.22     (b) A surviving child benefit is payable to a surviving 
  6.23  child of a deceased active, deferred, or retired Richfield 
  6.24  firefighter meeting the definition set forth in Minnesota 
  6.25  Statutes, section 424.24, subdivision 2, paragraph (b), until 
  6.26  the person reaches the age of 18. 
  6.27     Sec. 6.  [MINNEAPOLIS FIRE DEPARTMENT RELIEF ASSOCIATION; 
  6.28  AUTHORIZATION OF VARIOUS ADMINISTRATIVE CHANGES.] 
  6.29     Notwithstanding any provision of any law to the contrary, 
  6.30  the Minneapolis fire department relief association is authorized 
  6.31  to implement the following administrative and other 
  6.32  modifications: 
  6.33     (1) five-year vesting under Minnesota Statutes, section 
  6.34  423A.19, retroactive to the April 1, 1987, date when the change 
  6.35  was approved by the Minneapolis city council, despite the 
  6.36  failure to meet the filing requirement of Minnesota Statutes, 
  7.1   section 423A.19, subdivision 4; 
  7.2      (2) the period for applying for a disability benefit by or 
  7.3   on behalf of a disabled member increased from 30 days after the 
  7.4   beginning of the disability to 90 days after the beginning of 
  7.5   the disability; 
  7.6      (3) a salary for services for the members of the board of 
  7.7   trustees of the relief association who are elected members and 
  7.8   who are not officers in an amount equal to 2.5 percent of the 
  7.9   maximum salary of a first grade firefighter; 
  7.10     (4) a salary for the president of the relief association 
  7.11  increased to an amount equal to ten percent of the maximum 
  7.12  salary of a first grade firefighter; 
  7.13     (5) a salary for the executive secretary of the relief 
  7.14  association increased to an amount equal to 30 percent of the 
  7.15  maximum salary of a first grade firefighter; and 
  7.16     (6) eligibility for the surviving spouse of a deceased 
  7.17  deferred member, the dependent surviving child or children of a 
  7.18  deceased deferred member, or a combination, to receive annual 
  7.19  postretirement payments under Laws 1989, chapter 319, article 
  7.20  19, section 7, as amended by Laws 1992, chapter 471, article 2, 
  7.21  section 5, with confirmation and ratification of any past 
  7.22  payments of annual postretirement payments to survivors of 
  7.23  deceased deferred members since June 1, 1989. 
  7.24     Sec. 7.  [EFFECTIVE DATE.] 
  7.25     Subdivision 1.  [RICHFIELD FIRE.] Sections 1, 2, and 5 are 
  7.26  effective if there is an affirmative vote by the Richfield 
  7.27  firefighters relief association to consolidate with the public 
  7.28  employees retirement association under Minnesota Statutes, 
  7.29  section 353A.04, on the day following approval by the Richfield 
  7.30  city council and compliance with Minnesota Statutes, section 
  7.31  645.021. 
  7.32     Subd. 2.  [ST. PAUL POLICE AND FIRE.] Section 3 is 
  7.33  effective retroactively to December 31, 1993, upon approval by 
  7.34  the city council of the city of St. Paul and compliance with 
  7.35  Minnesota Statutes, section 645.021. 
  7.36     Subd. 3.  [AUSTIN FIRE.] Section 4 is effective upon 
  8.1   approval by the Austin city council and compliance with 
  8.2   Minnesota Statutes, section 645.021. 
  8.3      Subd. 4.  [MINNEAPOLIS FIRE.] (a) Section 6 is effective on 
  8.4   the day following final approval by the Minneapolis city council 
  8.5   and compliance with Minnesota Statutes, section 645.021. 
  8.6      (b) The city council resolution must specify the provisions 
  8.7   contained in section 6 that it is approving.  The city council 
  8.8   may approve some or all of the provisions contained in section 6.
  8.9                              ARTICLE 3 
  8.10         MINNEAPOLIS FIRE; SURVIVING SPOUSE BENEFIT CHANGE 
  8.11     Section 1.  Laws 1965, chapter 519, section 1, as amended 
  8.12  by Laws 1967, chapter 819, section 1; Laws 1969, chapter 123, 
  8.13  section 1; Laws 1975, chapter 57, section 1; Laws 1977, chapter 
  8.14  164, section 2; Laws 1990, chapter 589, section 5; and Laws 
  8.15  1992, chapter 454, section 2, is amended to read: 
  8.16     Section 1.  [MINNEAPOLIS, CITY OF; FIREFIGHTER'S RELIEF 
  8.17  ASSOCIATION; SURVIVING SPOUSE'S ENTITLEMENT.] Notwithstanding 
  8.18  the provisions of Minnesota Statutes 1965, Section 69.48, to the 
  8.19  contrary, when a service pensioner, disability pensioner, or 
  8.20  deferred pensioner, or an active member of a relief association 
  8.21  dies, leaving: 
  8.22     (1) A surviving spouse who was a legally married spouse, 
  8.23  residing with the decedent, and who was married while or prior 
  8.24  to the time the decedent was on the payroll of the fire 
  8.25  department in the case of a deceased active member; and who, in 
  8.26  case the deceased member was a service or deferred pensioner was 
  8.27  legally married to the member at least one year five years 
  8.28  before retirement from the fire department death; or 
  8.29     (2) A child or children who were living while the deceased 
  8.30  was on the payroll of the fire department, or born within nine 
  8.31  months after the decedent was withdrawn from the payroll of the 
  8.32  fire department, the surviving spouse and the child or children 
  8.33  shall be entitled to a pension or pensions, as follows: 
  8.34     (a) To the surviving spouse, a pension of not less than 17 
  8.35  units, and not to exceed the total of 22 units per month, as the 
  8.36  bylaws of the association provide, for life; provided, that if 
  9.1   the spouse shall remarry then the pension shall cease and 
  9.2   terminate as of the date of remarriage; provided, further, if 
  9.3   the remarriage terminates for any reason, the surviving spouse 
  9.4   shall again be entitled to a pension as the bylaws of the 
  9.5   association provide; 
  9.6      (b) To the child or children, if their other parent is 
  9.7   living, a pension of not to exceed eight units per month for 
  9.8   each child up to the time each child reaches the age of not less 
  9.9   than 16 years and not to exceed an age of 18 years; provided, 
  9.10  however, upon approval by the board of trustees, such a child 
  9.11  who is a full-time student, upon proof of compliance with the 
  9.12  provisions of this act, may be entitled to such pension so long 
  9.13  as the child is a full-time student and has not reached 22 years 
  9.14  of age, all in conformity with the bylaws of the association; 
  9.15  provided, further, the total pensions hereunder for the 
  9.16  surviving spouse and children of the deceased member shall not 
  9.17  exceed the sum of 41 units per month; 
  9.18     (c) A child or children of a deceased member after the 
  9.19  death of their other parent, or in the event their other parent 
  9.20  predeceases the member, be entitled to receive a pension or 
  9.21  pensions in such amount as the board of trustees of the 
  9.22  association shall deem necessary to properly support the child 
  9.23  or children until they reach the age of not less than 16 and not 
  9.24  more than 18 years; provided, however, upon approval by the 
  9.25  board of trustees, such a child who is a full-time student, upon 
  9.26  proof of compliance with the provisions of this act, may be 
  9.27  entitled to such pension so long as the child is a full-time 
  9.28  student and has not reached 22 years of age, as the bylaws of 
  9.29  the association may provide; but the total amount of the pension 
  9.30  or pensions hereunder for any child or children shall not exceed 
  9.31  the sum of 41 units per month; 
  9.32     (d) For the purposes of this act, a full-time student is 
  9.33  defined as an individual who is in full-time attendance as a 
  9.34  student at an educational institution.  Whether or not the 
  9.35  student was in full-time attendance would be determined by the 
  9.36  board of trustees of the association in the light of the 
 10.1   standards and practices of the school involved.  Specifically 
 10.2   excluded is a person who is paid by the person's employer while 
 10.3   attending school at the request of the person's employer.  
 10.4   Benefits may continue during any period of four calendar months 
 10.5   or less in any 12 month period in which a person does not attend 
 10.6   school if the person shows to the satisfaction of the board of 
 10.7   trustees that the person intends to continue in full-time school 
 10.8   attendance immediately after the end of the period.  An 
 10.9   educational institution is defined so as to permit the payment 
 10.10  of benefits to students taking vocational or academic courses in 
 10.11  all approved, accredited or licensed schools, colleges, and 
 10.12  universities.  The board of trustees shall make the final 
 10.13  determination of eligibility for benefits if any question arises 
 10.14  concerning the approved status of the educational institution 
 10.15  which the student attends or proposes to attend; 
 10.16     (e) In the event that a child who is receiving a pension as 
 10.17  provided above shall marry before the age of 22 years, the 
 10.18  pension shall cease as of the date of the marriage. 
 10.19     Sec. 2.  [EFFECTIVE DATE.] 
 10.20     Section 1 is effective on the day following approval by the 
 10.21  Minneapolis city council and compliance with Minnesota Statutes, 
 10.22  section 645.021. 
 10.23                             ARTICLE 4 
 10.24                         CONFORMING CHANGES 
 10.25     Section 1.  Minnesota Statutes 1994, section 353B.07, 
 10.26  subdivision 3, is amended to read: 
 10.27     Subd. 3.  [FORMULA PERCENTAGE RATE.] (a) The formula 
 10.28  percentage rate shall be 2.333 percent per year of allowable 
 10.29  service for each of the first 20 years of allowable service, 
 10.30  1.333 percent per year of allowable service for each year of 
 10.31  allowable service in excess of 20 years but not in excess of 27 
 10.32  years, and .5 percent for each year of allowable service in 
 10.33  excess of 25 years for the former members of the following 
 10.34  consolidating relief associations: 
 10.35     (1) Rochester fire department relief association; 
 10.36     (2) Rochester police relief association; 
 11.1      (3) St. Cloud fire department relief association; 
 11.2      (4) St. Cloud police relief association; 
 11.3      (5) St. Louis Park police relief association; and 
 11.4      (6) Winona police relief association. 
 11.5      (b) The formula percentage rate shall be 2.5 percent per 
 11.6   year of allowable service for each of the first 20 years of 
 11.7   allowable service for the former members of the following 
 11.8   consolidating relief associations: 
 11.9      (1) Albert Lea police relief association; 
 11.10     (2) Anoka police relief association; 
 11.11     (3) Faribault fire department relief association; 
 11.12     (4) Faribault police benefit association; 
 11.13     (5) Mankato police benefit association; 
 11.14     (6) Red Wing police relief association; and 
 11.15     (7) West St. Paul police relief association.  
 11.16     (c) The formula percentage rate shall be 2.5 percent per 
 11.17  year of allowable service for each of the first 20 years of 
 11.18  allowable service and .5 percent per year of allowable service 
 11.19  for each year of service in excess of 25 years of allowable 
 11.20  service for the former members of the following consolidating 
 11.21  relief associations:  
 11.22     (1) Austin firefighters relief association; 
 11.23     (2) Austin police relief association; 
 11.24     (3) South St. Paul firefighters relief association; 
 11.25     (4) South St. Paul police relief association; and 
 11.26     (5) Virginia police relief association. 
 11.27     (d) The formula percentage rate shall be 2.1875 percent per 
 11.28  year of allowable service for each of the first 20 years of 
 11.29  allowable service and 1.25 percent per year of allowable service 
 11.30  for each year of allowable service in excess of 20 years of 
 11.31  allowable service but not in excess of 27 years of allowable 
 11.32  service for the former members of the Columbia Heights police 
 11.33  relief association.  
 11.34     (e) The formula percentage rate shall be 2.65 percent per 
 11.35  year of allowable service for each of the first 20 years of 
 11.36  allowable service and an additional annual benefit of $120 per 
 12.1   year of allowable service in excess of 20 years of allowable 
 12.2   service but not in excess of 25 years of allowable service for 
 12.3   the former members of the following consolidating relief 
 12.4   associations:  
 12.5      (1) Hibbing firefighters relief association; and 
 12.6      (2) Hibbing police relief association. 
 12.7      (f) The formula percentage rate or rates shall be the 
 12.8   following for the former members of the consolidating relief 
 12.9   associations as indicated: 
 12.10     (1) 2.5 percent per year of allowable service for each of 
 12.11  the first 20 years of allowable service, one percent per year of 
 12.12  allowable service in excess of 20 years of allowable service but 
 12.13  not more than 25 years of allowable service, and 1.5 percent per 
 12.14  year of allowable service in excess of 25 years of allowable 
 12.15  service, Albert Lea firefighters relief association; 
 12.16     (2) 2.5333 percent per year of allowable service for each 
 12.17  of the first 20 years of allowable service and 1.3333 percent 
 12.18  per year of allowable service in excess of 20 years of allowable 
 12.19  service, but not in excess of 27 years of allowable service, if 
 12.20  service as an active member terminated before January 31, 1994, 
 12.21  and 2.3333 percent per year of allowable service for each of the 
 12.22  first 20 years of allowable service and 1.3333 percent per year 
 12.23  of allowable service for each year of allowable service in 
 12.24  excess of 20 years of allowable service, but not in excess of 27 
 12.25  years of allowable service if service as an active member 
 12.26  terminated on or after January 31, 1994, Bloomington police 
 12.27  relief association; 
 12.28     (3) the greater of 2.5 percent per year of allowable 
 12.29  service for each of the first 20 years of allowable service 
 12.30  applied to the final salary base, or two percent per year of 
 12.31  allowable service for each of the first 20 years of allowable 
 12.32  service applied to top grade patrol officer's salary base, 
 12.33  Brainerd police relief association; 
 12.34     (4) 4.25 percent per year of allowable service for each of 
 12.35  the first 20 years of allowable service and an additional 
 12.36  benefit of $10 per month per year of allowable service in excess 
 13.1   of 20 years of allowable service but not more than 25 years of 
 13.2   allowable service, Buhl police relief association; 
 13.3      (5) 2.5 percent per year of allowable service for each of 
 13.4   the first 20 years of allowable service and an additional 
 13.5   benefit of $5 per month per year of allowable service in excess 
 13.6   of 20 years of allowable service but not more than 25 years of 
 13.7   allowable service, Chisholm firefighters relief association; 
 13.8      (6) 2.5 percent per year of allowable service for each of 
 13.9   the first 20 years of allowable service and an additional 
 13.10  benefit of $5 per month per year of allowable service in excess 
 13.11  of 20 years of allowable service but not more than 25 years of 
 13.12  allowable service and .5 percent per year of allowable service 
 13.13  in excess of 25 years of allowable service, Chisholm police 
 13.14  relief association; 
 13.15     (7) 2.1875 percent per year of allowable service for each 
 13.16  year of the first 20 years of allowable service, 1.25 percent 
 13.17  per year of allowable service in excess of 20 years of allowable 
 13.18  service but not more than 25 years of allowable service and 1.75 
 13.19  percent per year of allowable service in excess of 25 years of 
 13.20  allowable service, Columbia Heights fire department relief 
 13.21  association, paid division; 
 13.22     (8) 2.5 percent per year of allowable service for each year 
 13.23  of the first 20 years of allowable service and 1.5 percent per 
 13.24  year of allowable service rendered after attaining the age of 60 
 13.25  years, Crookston fire department relief association; 
 13.26     (9) 2.5 percent per year of allowable service for each year 
 13.27  of the first 30 years of allowable service, Crookston police 
 13.28  relief association; 
 13.29     (10) 2.25 percent per year of allowable service for each 
 13.30  year of the first 20 years of allowable service and 1.25 percent 
 13.31  per year of allowable service in excess of 20 years of allowable 
 13.32  service, but not more than 27 years of service, Crystal police 
 13.33  relief association; 
 13.34     (11) 1.99063 percent per year of allowable service for each 
 13.35  year of the first 20 years of allowable service, 1.25 percent 
 13.36  for the 21st year of allowable service, and 2.5 percent per year 
 14.1   of allowable service in excess of 21 years of allowable service 
 14.2   but not more than 25 years of allowable service, Duluth 
 14.3   firefighters relief association; 
 14.4      (12) 1.9875 percent per year of allowable service for each 
 14.5   year of the first 20 years of allowable service, 1.25 percent 
 14.6   for the 21st year of allowable service, and 2.5 percent per year 
 14.7   of allowable service in excess of 21 years of allowable service 
 14.8   but not more than 25 years of allowable service, Duluth police 
 14.9   relief association; 
 14.10     (13) 2.5 percent per year of allowable service for each 
 14.11  year of the first 20 years of allowable service, and two percent 
 14.12  per year of allowable service in excess of 20 years but not more 
 14.13  than 25 years of allowable service and not to include any year 
 14.14  of allowable service rendered after attaining the age of 55 
 14.15  years, Fairmont police benefit association; 
 14.16     (14) two percent per year of allowable service for each 
 14.17  year of the first ten years of allowable service, 2.67 percent 
 14.18  per year of allowable service in excess of ten years of 
 14.19  allowable service but not more than 20 years of allowable 
 14.20  service and 1.3333 percent per year of allowable service in 
 14.21  excess of 20 years of service but not more than 27 years of 
 14.22  allowable service, Fridley police pension association; 
 14.23     (15) 2.5 percent per year of allowable service for each 
 14.24  year of the first 20 years of allowable service and an 
 14.25  additional annual amount of $30 per year of allowable service in 
 14.26  excess of 20 years of allowable service but not more than 30 
 14.27  years of allowable service, Mankato fire department relief 
 14.28  association; 
 14.29     (16) for members who terminated active service as a 
 14.30  Minneapolis firefighter before June 1, 1993, 2.0625 percent per 
 14.31  year of allowable service for each year of the first 20 years of 
 14.32  allowable service, 1.25 percent per year of allowable service in 
 14.33  excess of 20 years of allowable service but not more than 24 
 14.34  years of allowable service and five percent for the 25th year of 
 14.35  allowable service, and for members who terminated active service 
 14.36  as a Minneapolis firefighter after May 31, 1993, two percent for 
 15.1   each year of the first 19 years of allowable service, 3.25 
 15.2   percent for the 20th year of allowable service, and two percent 
 15.3   per year of allowable service in excess of 20 years of service, 
 15.4   but not more than 25 years of allowable service, Minneapolis 
 15.5   fire department relief association; 
 15.6      (17) two percent per year of allowable service for each 
 15.7   year of the first 25 years of allowable service, Minneapolis 
 15.8   police relief association; 
 15.9      (18) the greater of 2.5 percent per year of allowable 
 15.10  service for each of the first 20 years of allowable service 
 15.11  applied to the final salary base, or two percent per year of 
 15.12  allowable service for each of the first 20 years of allowable 
 15.13  service applied to highest patrol officer's salary base plus .5 
 15.14  percent of the final salary base per year of allowable service 
 15.15  for each of the first three years of allowable service in excess 
 15.16  of 20 years of allowable service, New Ulm police relief 
 15.17  association; 
 15.18     (19) two percent per year of allowable service for each of 
 15.19  the first 25 years of allowable service and 1.5 percent per year 
 15.20  of allowable service in excess of 25 years of allowable service, 
 15.21  Red Wing fire department relief association; 
 15.22     (20) 2.55 2.75 percent per year of allowable service for 
 15.23  each of the first 20 years of allowable service, Richfield fire 
 15.24  department relief association; 
 15.25     (21) 2.4 percent per year of allowable service for each of 
 15.26  the first 20 years of allowable service and 1.3333 percent per 
 15.27  year of allowable service in excess of 20 years of allowable 
 15.28  service but not more than 27 years of allowable service, 
 15.29  Richfield police relief association; 
 15.30     (22) for a former member with less than 20 years of 
 15.31  allowable service on June 16, 1985, 2.6 percent, and for a 
 15.32  former member with 20 or more years of allowable service on June 
 15.33  16, 1985, 2.6175 percent for each of the first 20 years of 
 15.34  allowable service and, for each former member, one percent for 
 15.35  each year of allowable service in excess of 20 years, but no 
 15.36  more than 30 years, St. Louis Park fire department relief 
 16.1   association; 
 16.2      (23) 1.9375 percent per year of allowable service for each 
 16.3   of the first 20 years of allowable service, 2.25 percent per 
 16.4   year of allowable service in excess of 20 years of allowable 
 16.5   service but not more than 25 years of allowable service, and .5 
 16.6   percent per year of allowable service in excess of 25 years of 
 16.7   allowable service, St. Paul fire department relief association; 
 16.8      (24) two percent per year of allowable service for each of 
 16.9   the first 25 years of allowable service and .5 percent per year 
 16.10  of allowable service in excess of 25 years of allowable service, 
 16.11  St. Paul police relief association; 
 16.12     (25) 2.25 percent per year of allowable service for each of 
 16.13  the first 20 years of allowable service and one percent per year 
 16.14  of allowable service in excess of 20 years but not more than 25 
 16.15  years of allowable service and .5 percent per year of allowable 
 16.16  service in excess of 25 years, Virginia fire department relief 
 16.17  association; 
 16.18     (26) two percent per year of allowable service for each of 
 16.19  the first 20 years of allowable service, one percent per year of 
 16.20  allowable service in excess of 20 years but not more than 24 
 16.21  years of allowable service, three percent for the 25th year of 
 16.22  allowable service and one percent per year of allowable service 
 16.23  in excess of 25 years of allowable service but not more than 30 
 16.24  years of allowable service, West St. Paul firefighters relief 
 16.25  association; and 
 16.26     (27) 2.333 percent for each of the first 20 years of 
 16.27  allowable service, 1.333 percent for each year of allowable 
 16.28  service in excess of 20 years but no more than 28 years, and .5 
 16.29  percent for each year of allowable service in excess of 25 
 16.30  years, Winona fire department relief association. 
 16.31     Sec. 2.  Minnesota Statutes 1994, section 353B.08, 
 16.32  subdivision 6, is amended to read: 
 16.33     Subd. 6.  [DUTY DISABILITY BENEFIT AMOUNT.] (a) The duty 
 16.34  disability benefit shall be an amount equal to the service 
 16.35  pension amount to which the person would have been entitled if 
 16.36  the person had credit for the greater of actual years of 
 17.1   allowable service or 20 years of allowable service, had attained 
 17.2   the minimum age for the receipt of a service pension, and had 
 17.3   applied for a service pension rather than a disability benefit 
 17.4   for the former members of the following consolidating relief 
 17.5   associations: 
 17.6      (1) Albert Lea firefighters relief association; 
 17.7      (2) Albert Lea police relief association; 
 17.8      (3) Anoka police relief association; 
 17.9      (4) Austin police relief association; 
 17.10     (5) Buhl police relief association; 
 17.11     (6) Chisholm police relief association; 
 17.12     (7) Duluth police relief association; 
 17.13     (8) Faribault fire department relief association; 
 17.14     (9) Mankato police benefit association; 
 17.15     (10) Minneapolis police relief association; 
 17.16     (11) New Ulm police relief association; 
 17.17     (12) Red Wing police relief association; 
 17.18     (13) St. Paul police relief association; 
 17.19     (14) South St. Paul police relief association; and 
 17.20     (15) Virginia police relief association. 
 17.21     (b) The duty disability benefit shall be an amount equal to 
 17.22  48 percent of the salary base for the former members of the 
 17.23  following consolidating relief associations: 
 17.24     (1) Fridley police pension association; 
 17.25     (2) Richfield police relief association; 
 17.26     (3) Rochester fire department relief association; 
 17.27     (4) Rochester police relief association; 
 17.28     (5) St. Cloud fire department relief association; 
 17.29     (6) St. Cloud police relief association; 
 17.30     (7) St. Louis Park police relief association; and 
 17.31     (8) Winona police relief association. 
 17.32     (c) The duty disability benefit shall be an amount equal to 
 17.33  50 percent of the salary base for the former members of the 
 17.34  following consolidating relief associations: 
 17.35     (1) Austin firefighters relief association; 
 17.36     (2) Crookston fire department relief association; 
 18.1      (3) Fairmont police benefit association; 
 18.2      (4) Mankato fire department relief association; 
 18.3      (5) Richfield fire department relief association; 
 18.4      (6) South St. Paul firefighters relief association; and 
 18.5      (7) (6) Virginia fire department relief association.  
 18.6      (d) The duty disability benefit shall be an amount equal to 
 18.7   45 percent of the salary base for the former members of the 
 18.8   Crystal police relief association. 
 18.9      (e) The duty disability benefit shall be an amount equal to 
 18.10  40 percent of the salary base for the former members of the 
 18.11  following consolidating relief associations: 
 18.12     (1) West St. Paul firefighters relief association; and 
 18.13     (2) West St. Paul police relief association.  
 18.14     (f) The duty disability benefit shall be the following for 
 18.15  the former members of the consolidating relief associations as 
 18.16  indicated: 
 18.17     (1) 52 percent of the salary base for former members who 
 18.18  were disabled before January 31, 1994, and 48 percent of the 
 18.19  salary base for former members who become disabled after January 
 18.20  31, 1994, Bloomington police relief association; 
 18.21     (2) 40 percent of the top salary for a patrol officer, 
 18.22  Brainerd police relief association; 
 18.23     (3) $100 per month, Chisholm firefighters relief 
 18.24  association; 
 18.25     (4) 37.5 percent of the salary base if the person has 
 18.26  credit for less than ten years of allowable service, 43.75 
 18.27  percent of the salary base if the person has credit for more 
 18.28  than nine years but less than 15 years of allowable service and 
 18.29  50 percent of the salary base if the person has credit for more 
 18.30  than 14 years of allowable service credit, Columbia Heights fire 
 18.31  department relief association, paid division; 
 18.32     (5) 43.75 percent of the salary base, Columbia Heights 
 18.33  police relief association; 
 18.34     (6) 25 percent of the salary base if the person has credit 
 18.35  for less than 12 years of allowable service and an additional 
 18.36  amount equal to 2.5 percent of the salary base per year if 
 19.1   allowable service for each year of allowable service in excess 
 19.2   of 11 years of allowable service, not more than 50 percent, 
 19.3   Crookston police relief association; 
 19.4      (7) 51.0625 percent of the salary base, Duluth firefighters 
 19.5   relief association; 
 19.6      (8) 12.5 percent of the salary base if the person has 
 19.7   credit for less than six years of allowable service, 2.5 percent 
 19.8   of the salary base per year of allowable service if the person 
 19.9   has more than five years of allowable service, but not more than 
 19.10  50 percent of the salary base, Faribault police benefit 
 19.11  association; 
 19.12     (9) the dollar amount which equals the benefit which would 
 19.13  be payable under chapter 176 for a comparable benefit which 
 19.14  qualifies for a workers' compensation benefit for a first class 
 19.15  disability, 75 percent of the amount payable in the event of a 
 19.16  first class disability for a second class disability and 50 
 19.17  percent of the amount payable in the event of a first class 
 19.18  disability for a third class disability, Hibbing firefighters 
 19.19  relief association; 
 19.20     (10) $120 per month, Hibbing police relief association; 
 19.21     (11) 51.25 percent of the salary base for a first class 
 19.22  disability, 41.25 percent of the salary base for a second class 
 19.23  disability, and 31.25 percent of the salary base for a third 
 19.24  class disability, Minneapolis fire department relief 
 19.25  association; 
 19.26     (12) 40 percent of the salary base if the person has credit 
 19.27  for less than 20 years of allowable service and two percent of 
 19.28  the salary base per year of allowable service if the person has 
 19.29  more than 19 years of allowable service, but not more than 50 
 19.30  percent, Red Wing fire department relief association; 
 19.31     (13) 54 percent of the salary base, Richfield fire 
 19.32  department relief association; 
 19.33     (14) 50 percent of the salary base if the person has credit 
 19.34  for less than 20 years of allowable service and an amount equal 
 19.35  to the service pension amount to which the person would have 
 19.36  been entitled based on the applicable amount of allowable 
 20.1   service if the person had attained the minimum age for the 
 20.2   receipt of a service pension and had applied for a service 
 20.3   pension rather than a disability benefit and if the person has 
 20.4   credit for at least 20 years of allowable service, St. Louis 
 20.5   Park fire department relief association; 
 20.6      (14) (15) 50 percent of the salary base if the person is 
 20.7   not able to perform the duties of any other gainful employment, 
 20.8   39.375 percent of the salary base if the person is only able to 
 20.9   perform the duties of light manual labor or office employment 
 20.10  and 33.75 percent of the salary base if the person is able to 
 20.11  perform the duties of other manual labor, St. Paul fire 
 20.12  department relief association; and 
 20.13     (15) (16) 42.667 percent of the salary base, Winona fire 
 20.14  department relief association. 
 20.15     Sec. 3.  Minnesota Statutes 1994, section 353B.11, 
 20.16  subdivision 1, is amended to read: 
 20.17     Subdivision 1.  [ELIGIBILITY; SURVIVING SPOUSE BENEFIT.] 
 20.18  (a) Except as specified in paragraph (b), (c), (d), (e), (f), 
 20.19  (g), or (f) (h), the person who survives a deceased active, 
 20.20  deferred, or retired member, who was legally married to the 
 20.21  member at the time of the death of the deceased member, who was 
 20.22  legally married to the member for at least one year before the 
 20.23  separation from active service if the deceased member was a 
 20.24  deceased, deferred, or retired member and who was residing with 
 20.25  the member at the time of the death of the deceased member shall 
 20.26  be entitled to receive a surviving spouse benefit.  
 20.27     (b) The person who survives a deceased active, deferred, or 
 20.28  retired member, who was legally married to the member at the 
 20.29  time of the death of the deceased member, who was legally 
 20.30  married to the member at the time of separation from active 
 20.31  service if the deceased member was a deceased deferred or 
 20.32  retired member and who was residing with the member at the time 
 20.33  of the death of the member shall be entitled to receive a 
 20.34  surviving spouse benefit in the case of former members of the 
 20.35  following consolidating relief associations:  
 20.36     (1) Albert Lea police relief association; 
 21.1      (2) Anoka police relief association; 
 21.2      (3) Austin firefighters relief association; 
 21.3      (4) Austin police relief association; 
 21.4      (5) (4) Brainerd police benefit association; 
 21.5      (6) (5) Columbia Heights police relief association; 
 21.6      (7) (6) Crookston fire department relief association; 
 21.7      (8) (7) Crookston police relief association; 
 21.8      (9) (8) Fairmont police benefit association; 
 21.9      (10) (9) Faribault police benefit association; 
 21.10     (11) (10) Mankato fire department relief association; 
 21.11     (12) (11) Red Wing police relief association; 
 21.12     (13) (12) South St. Paul police relief association; 
 21.13     (14) (13) Virginia fire department relief association; 
 21.14     (15) (14) Virginia police relief association; and 
 21.15     (16) (15) West St. Paul police relief association. 
 21.16     (c) The person who survives a deceased active, deferred, or 
 21.17  retired member, who was legally married to the member at the 
 21.18  time of the death of the deceased member, and who was legally 
 21.19  married to the member at the time of separation from active 
 21.20  service if the deceased member was a deceased deferred or 
 21.21  retired member shall be entitled to receive a surviving spouse 
 21.22  benefit in the case of former members of the following 
 21.23  consolidating relief associations:  
 21.24     (1) Chisholm police relief association; 
 21.25     (2) Hibbing police relief association; 
 21.26     (3) Mankato police benefit association; and 
 21.27     (4) New Ulm police relief association.  
 21.28     (d) The person who survives a deceased active, deferred, or 
 21.29  retired member, who was legally married to the member at the 
 21.30  time of the death of the deceased member, who was either legally 
 21.31  married to the member at the time of separation from active 
 21.32  service or legally married the member after the time of 
 21.33  separation from active service and was married for at least 
 21.34  three years before the date of death of the member if the 
 21.35  deceased member was a deceased deferred or retired member, and 
 21.36  who was residing with the member at the time of the death of the 
 22.1   member is entitled to receive a surviving spouse benefit in the 
 22.2   case of former members of the Austin firefighters relief 
 22.3   association.  
 22.4      (e) The person who survives a deceased active, deferred, or 
 22.5   retired member, who was legally married to the member at the 
 22.6   time of the death of the deceased member, who was legally 
 22.7   married to the member for at least five years before the 
 22.8   separation from active service death if the deceased member was 
 22.9   the recipient of a service pension or was entitled to a deferred 
 22.10  service pension, and who was residing with the member at the 
 22.11  time of the death of the deceased member in the case of former 
 22.12  members of the Minneapolis fire department relief association.  
 22.13     (e) (f) The person who survives a deceased active, 
 22.14  deferred, or retired member, who was legally married to the 
 22.15  member at the time of the death of the deceased member, who was 
 22.16  residing with the member at the time of the death of the 
 22.17  decedent, and, if the deceased member was the recipient of a 
 22.18  service pension or was entitled to a deferred service pension at 
 22.19  the time of death, who was legally married to the member for at 
 22.20  least five years before the member's death, in the case of 
 22.21  former members of the Minneapolis police relief association.  
 22.22     (f) (g) The person who survives a deceased active, 
 22.23  deferred, or retired member, who was legally married to the 
 22.24  member at the time of the death of the deceased member, who was 
 22.25  legally married to the member for at least three years before 
 22.26  the separation from active service if the deceased member was a 
 22.27  deceased, retired, or deferred member and who was residing with 
 22.28  the member at the time of the death of the member shall be 
 22.29  entitled to receive a surviving spouse benefit in the case of 
 22.30  former members of the South St. Paul firefighters relief 
 22.31  association.  
 22.32     (g) (h) The person who survives a deceased active, 
 22.33  deferred, or retired member who was legally married to the 
 22.34  member at the time of the death of the deceased member, who was 
 22.35  legally married to the member for at least one year before the 
 22.36  separation from active service if the deceased member was a 
 23.1   deceased, deferred, or retired member and who had not deserted 
 23.2   the member at the time of the death of the deceased member shall 
 23.3   be entitled to receive a surviving spouse benefit in the case of 
 23.4   former members of the St. Paul police relief association. 
 23.5      Sec. 4.  Minnesota Statutes 1994, section 353B.11, 
 23.6   subdivision 3, is amended to read: 
 23.7      Subd. 3.  [AMOUNT; SURVIVING SPOUSE BENEFIT.] (a) The 
 23.8   surviving spouse benefit shall be 30 percent of the salary base 
 23.9   for the former members of the following consolidating relief 
 23.10  associations:  
 23.11     (1) Albert Lea firefighters relief association; 
 23.12     (2) Albert Lea police relief association; 
 23.13     (3) Anoka police relief association; 
 23.14     (4) Austin firefighters relief association; 
 23.15     (5) Austin police relief association; 
 23.16     (6) (5) Brainerd police benefit association; 
 23.17     (7) (6) Crookston police relief association; 
 23.18     (8) (7) Faribault fire department relief association; and 
 23.19     (9) (8) West St. Paul firefighters relief association.  
 23.20     (b) The surviving spouse benefit shall be 25 percent of the 
 23.21  salary base for the former members of the following 
 23.22  consolidating relief associations:  
 23.23     (1) Chisholm police relief association; 
 23.24     (2) Duluth firefighters relief association; 
 23.25     (3) Duluth police pension association; 
 23.26     (4) Fairmont police benefit association; 
 23.27     (5) Red Wing fire department relief association; 
 23.28     (6) South St. Paul police relief association; and 
 23.29     (7) West St. Paul police relief association. 
 23.30     (c) The surviving spouse benefit shall be 24 percent of the 
 23.31  salary base for the former members of the following 
 23.32  consolidating relief associations: 
 23.33     (1) Fridley police pension association; 
 23.34     (2) Richfield police relief association; 
 23.35     (3) Rochester fire department relief association; 
 23.36     (4) Rochester police relief association; 
 24.1      (5) Winona fire department relief association; and 
 24.2      (6) Winona police relief association. 
 24.3      (d) The surviving spouse benefit shall be 40 percent of the 
 24.4   salary base for the former members of the following 
 24.5   consolidating relief associations: 
 24.6      (1) Columbia Heights fire department relief association, 
 24.7   paid division; and 
 24.8      (2) New Ulm police relief association; and 
 24.9      (3) Richfield fire department relief association.  
 24.10     (e) The surviving spouse benefit shall be $250 per month 
 24.11  for the former members of the following consolidating relief 
 24.12  associations: 
 24.13     (1) Hibbing firefighters relief association; and 
 24.14     (2) Hibbing police relief association. 
 24.15     (f) The surviving spouse benefit shall be 23.75 percent of 
 24.16  the salary base for the former members of the following 
 24.17  consolidating relief associations: 
 24.18     (1) Crystal police relief associations; and 
 24.19     (2) Minneapolis police relief association.  
 24.20     (g) The surviving spouse benefit shall be 32 percent of the 
 24.21  salary base for the former members of the following 
 24.22  consolidating relief associations: 
 24.23     (1) St. Cloud fire department relief association; and 
 24.24     (2) St. Cloud police relief association. 
 24.25     (h) The surviving spouse benefit shall be one-half of the 
 24.26  service pension or disability benefit which the deceased member 
 24.27  was receiving as of the date of death, or of the service pension 
 24.28  which the deferred member would have been receiving if the 
 24.29  service pension had commenced as of the date of death or of the 
 24.30  service pension which the active member would have received 
 24.31  based on the greater of the allowable service credit of the 
 24.32  person as of the date of death or 20 years of allowable service 
 24.33  credit if the person would have been eligible as of the date of 
 24.34  death, for the former members of the following consolidating 
 24.35  relief associations: 
 24.36     (1) Virginia fire department relief association; and 
 25.1      (2) Virginia police relief association. 
 25.2      (i) The surviving spouse benefit shall be the following for 
 25.3   the former members of the consolidating relief associations as 
 25.4   indicated: 
 25.5      (1) 30 percent of the salary base, reduced by any amount 
 25.6   awarded or payable from the service pension or disability 
 25.7   benefit of the deceased former firefighter to a former spouse of 
 25.8   the member by virtue of the legal dissolution of the member's 
 25.9   marriage to the former spouse if the surviving spouse married 
 25.10  the member after the time of separation from active service, 
 25.11  Austin firefighters relief association; 
 25.12     (2) 27.333 percent of the salary base, or one-half of the 
 25.13  service pension payable to or accrued by the deceased former 
 25.14  member, whichever is greater, Bloomington police relief 
 25.15  association; 
 25.16     (2) (3) 72.25 percent of the salary base, Buhl police 
 25.17  relief association; 
 25.18     (3) (4) 50 percent of the service pension which the active 
 25.19  member would have received based on allowable service credit to 
 25.20  the date of death and prospective service from the date of death 
 25.21  until the date on which the person would have attained the 
 25.22  normal retirement age, 50 percent of the service pension which 
 25.23  the deferred member would have been receiving if the service 
 25.24  pension had commenced as of the date of death or $175 per month 
 25.25  if the deceased member was receiving a service pension or 
 25.26  disability benefit as of the date of death, Chisholm 
 25.27  firefighters relief association; 
 25.28     (4) (5) two-thirds of the service pension or disability 
 25.29  benefit which the deceased member was receiving as of the date 
 25.30  of death, or of the service pension which the deferred member 
 25.31  would have been receiving if the service pension had commenced 
 25.32  as of the date of death or of the service pension which the 
 25.33  active member would have received based on the greater of the 
 25.34  allowable service credit of the person as of the date of death 
 25.35  or 20 years of allowable service credit if the person would have 
 25.36  been eligible as of the date of death, Columbia Heights police 
 26.1   relief association; 
 26.2      (5) (6) the greater of $300 per month or one-half of the 
 26.3   service pension or disability benefit which the deceased member 
 26.4   was receiving as of the date of death, or of the service pension 
 26.5   which the deferred member would have been receiving if the 
 26.6   service pension had commenced as of the date of death or of the 
 26.7   service pension which the active member would have received 
 26.8   based on the allowable service credit of the person as of the 
 26.9   date of death if the person would have been eligible as of the 
 26.10  date of death, Crookston fire department relief association; 
 26.11     (6) (7) $100 per month, Faribault police benefit 
 26.12  association; 
 26.13     (7) (8) 60 percent of the service pension or disability 
 26.14  benefit which the deceased member was receiving as of the date 
 26.15  of death, or of the service pension which the deferred member 
 26.16  would have been receiving if the service pension had commenced 
 26.17  as of the date of death or of the service pension which the 
 26.18  active member would have received based on the allowable service 
 26.19  credit of the person as of the date of death if the person would 
 26.20  have been eligible as of the date of death, Mankato fire 
 26.21  department relief association; 
 26.22     (8) (9) $175 per month, Mankato police benefit association; 
 26.23     (9) (10) 26.25 percent of the salary base, Minneapolis fire 
 26.24  department relief association; 
 26.25     (10) (11) equal to the service pension or disability 
 26.26  benefit which the deceased member was receiving as of the date 
 26.27  of death, or of the service pension which the deferred member 
 26.28  would have been receiving if the service pension had commenced 
 26.29  as of the date of death or of the service pension which the 
 26.30  active member would have received based on the allowable service 
 26.31  credit of the person as of the date of death if the person would 
 26.32  have been eligible as of the date of death, Red Wing police 
 26.33  relief association; 
 26.34     (12) 43.2 percent of the salary base, Richfield fire 
 26.35  department relief association; 
 26.36     (11) (13) 40 percent of the salary base for a surviving 
 27.1   spouse of a deceased active member, disabled member, or retired 
 27.2   or deferred member with at least 20 years of allowable service, 
 27.3   or the prorated portion of 40 percent of the salary base that 
 27.4   bears the same relationship to 40 percent that the deceased 
 27.5   member's years of allowable service bear to 20 years of 
 27.6   allowable service for the surviving spouse of a deceased retired 
 27.7   or deferred member with at least ten but less than 20 years of 
 27.8   allowable service, St. Louis Park fire department relief 
 27.9   association; 
 27.10     (12) (14) 26.6667 percent of the salary base, St. Louis 
 27.11  Park police relief association; 
 27.12     (13) (15) 27.5 percent of the salary base, St. Paul fire 
 27.13  department relief association; 
 27.14     (14) (16) 20 percent of the salary base, St. Paul police 
 27.15  relief association; and 
 27.16     (15) (17) 27 percent of the salary base, South St. Paul 
 27.17  firefighters relief association. 
 27.18     Sec. 5.  Minnesota Statutes 1994, section 353B.11, 
 27.19  subdivision 4, is amended to read: 
 27.20     Subd. 4.  [AMOUNT; SURVIVING CHILD BENEFIT.] (a) The 
 27.21  surviving child benefit shall be eight percent of the salary 
 27.22  base for the former members of the following consolidating 
 27.23  relief associations:  
 27.24     (1) Fridley police pension association; 
 27.25     (2) Red Wing fire department relief association; 
 27.26     (3) Richfield police relief association; 
 27.27     (4) Rochester fire department relief association; 
 27.28     (5) Rochester police relief association; 
 27.29     (6) St. Cloud police relief association; 
 27.30     (7) St. Louis Park police relief association; 
 27.31     (8) South St. Paul firefighters relief association; 
 27.32     (9) Winona fire department relief association; and 
 27.33     (10) Winona police relief association. 
 27.34     (b) The surviving child benefit shall be $25 per month for 
 27.35  the former members of the following consolidating relief 
 27.36  associations:  
 28.1      (1) Anoka police relief association; 
 28.2      (2) Austin firefighters relief association; 
 28.3      (3) Austin police relief association; 
 28.4      (4) Faribault police benefit association; 
 28.5      (5) Hibbing firefighters relief association; 
 28.6      (6) Mankato police benefit association; 
 28.7      (7) South St. Paul police relief association; and 
 28.8      (8) Virginia fire department relief association. 
 28.9      (c) The surviving child benefit shall be ten percent of the 
 28.10  salary base for the former members of the following 
 28.11  consolidating relief associations:  
 28.12     (1) Albert Lea police relief association; 
 28.13     (2) Crookston police relief association; 
 28.14     (3) Duluth firefighters relief association; 
 28.15     (4) Duluth police pension association; 
 28.16     (5) Faribault fire department relief association; and 
 28.17     (6) Minneapolis fire department relief association.  
 28.18     (d) The surviving child benefit shall be five percent of 
 28.19  the salary base for the former members of the following 
 28.20  consolidating relief associations:  
 28.21     (1) Columbia Heights fire department relief association, 
 28.22  paid division; 
 28.23     (2) St. Paul police relief association; and 
 28.24     (3) West St. Paul firefighters relief associations.  
 28.25     (e) The surviving child benefit shall be $15 per month for 
 28.26  the former members of the following consolidating relief 
 28.27  associations:  
 28.28     (1) Crookston fire department relief association; 
 28.29     (2) Hibbing police relief association; and 
 28.30     (3) West St. Paul police relief association. 
 28.31     (f) The surviving child benefit shall be 7.5 percent of the 
 28.32  salary base for the former members of the following 
 28.33  consolidating relief associations:  
 28.34     (1) Bloomington police relief association; and 
 28.35     (2) Crystal police relief association. 
 28.36     (g) The surviving child benefit shall be the following for 
 29.1   the former members of the consolidating relief associations as 
 29.2   indicated:  
 29.3      (1) ten percent of the salary base if a surviving spouse 
 29.4   benefit is also payable, that amount between ten percent of the 
 29.5   salary base and 50 percent of the salary base as determined by 
 29.6   the executive director of the public employees retirement 
 29.7   association, based on the financial circumstances and need of 
 29.8   the surviving child or surviving children, applied in a uniform 
 29.9   manner, reflective to the extent practicable or determinable to 
 29.10  the past administrative practices of the board of the 
 29.11  consolidating relief association before the effective date of 
 29.12  the consolidation if there is a surviving spouse but no 
 29.13  surviving spouse benefit is also payable on account of the 
 29.14  remarriage of the surviving spouse, or 50 percent of the salary 
 29.15  base, payable in equal shares for more than one surviving child, 
 29.16  if there is no surviving spouse, Albert Lea firefighters relief 
 29.17  association; 
 29.18     (2) four percent of the salary base, Brainerd police 
 29.19  benefit association; 
 29.20     (3) $125 per month if a surviving spouse benefit is also 
 29.21  payable or an amount equal to the surviving spouse benefit, 
 29.22  payable in equal shares if there is more than one surviving 
 29.23  child, if no surviving spouse benefit is payable, Buhl police 
 29.24  relief association; 
 29.25     (4) $15 per month, Chisholm firefighters relief 
 29.26  association; 
 29.27     (5) $125 per month, Chisholm police relief association; 
 29.28     (6) $50 per month, Columbia Heights police relief 
 29.29  association; 
 29.30     (7) 6.25 percent of the salary base, Fairmont police 
 29.31  benefit association; 
 29.32     (8) 12.5 percent of the service pension or disability 
 29.33  benefit which the deceased member was receiving as of the date 
 29.34  of death, or of the service pension which the deferred member 
 29.35  would have been receiving if the service pension had commenced 
 29.36  as of the date of death or of the service pension which the 
 30.1   active member would have received based on the allowable service 
 30.2   credit of the person as of the date of death if the person would 
 30.3   have been eligible as of the date of death, Mankato fire 
 30.4   department relief association; 
 30.5      (9) ten percent of the salary base if a surviving spouse 
 30.6   benefit is also payable or an amount determined by the executive 
 30.7   director of the public employees retirement association based on 
 30.8   the financial circumstances and need of the surviving child or 
 30.9   surviving children, applied in a uniform manner, and subject to 
 30.10  the largest applicable amount surviving child benefit maximum if 
 30.11  no surviving spouse benefit is also payable, Minneapolis police 
 30.12  relief association; 
 30.13     (10) $25 per month if a surviving spouse benefit is also 
 30.14  payable or an amount equal to the surviving spouse benefit, 
 30.15  payable in equal shares if there is more than one surviving 
 30.16  child, New Ulm police relief association; 
 30.17     (11) in an amount determined by the executive director of 
 30.18  the public employees retirement association based on the 
 30.19  financial circumstances and need of the surviving child or 
 30.20  surviving children, applied in a uniform manner, reflective to 
 30.21  the extent practicable or determinable to the past 
 30.22  administrative practices of the board of the consolidating 
 30.23  relief association before the effective date of the 
 30.24  consolidation and not more than the largest surviving child 
 30.25  benefit amount prescribed for any other actual or potential 
 30.26  consolidating relief association as provided in this section, 
 30.27  Red Wing police relief association; 
 30.28     (12) five 5.4 percent of the salary base if a surviving 
 30.29  spouse benefit is also payable or 15 16.2 percent of the salary 
 30.30  base if no surviving spouse benefit is payable, Richfield fire 
 30.31  department relief association; 
 30.32     (13) 5.3334 percent of the salary base, St. Cloud fire 
 30.33  department relief association; 
 30.34     (14) five percent of the salary base if a surviving spouse 
 30.35  benefit is also payable or 15 percent of the salary base if no 
 30.36  surviving spouse benefit is also payable for the surviving child 
 31.1   or children of a deceased active member, disabled member, or 
 31.2   retired or deferred member with at least 20 years of active 
 31.3   service, or the prorated portion of five percent of the salary 
 31.4   base if a surviving spouse benefit is also payable or 15 percent 
 31.5   of the salary base if no surviving spouse benefit is also 
 31.6   payable that bears the same relationship to five or 15 percent 
 31.7   that the deceased member's years of allowable service bear to 20 
 31.8   years of allowable service for the surviving child or children 
 31.9   of a deceased retired or deferred member with at least ten but 
 31.10  less than 20 years of allowable service, St. Louis Park fire 
 31.11  department relief association; 
 31.12     (15) ten percent of the salary base, St. Paul fire 
 31.13  department relief association; and 
 31.14     (16) $50 per month, Virginia police relief association. 
 31.15     Sec. 6.  Minnesota Statutes 1994, section 353B.11, 
 31.16  subdivision 5, is amended to read: 
 31.17     Subd. 5.  [SURVIVOR BENEFIT MAXIMUM.] (a) No surviving 
 31.18  children or surviving family maximum shall be applicable to 
 31.19  former members of the following consolidating relief 
 31.20  associations:  
 31.21     (1) Buhl police relief association; 
 31.22     (2) Chisholm firefighters relief association; 
 31.23     (3) Chisholm police relief association; 
 31.24     (4) Hibbing firefighters relief association; 
 31.25     (5) Mankato police benefit association; 
 31.26     (6) New Ulm police relief association; 
 31.27     (7) Red Wing fire department relief association; 
 31.28     (8) Red Wing police relief association; 
 31.29     (9) St. Paul police relief association; and 
 31.30     (10) South St. Paul police relief association.  
 31.31     (b) The surviving children maximum shall be 24 percent of 
 31.32  the salary base, if a surviving spouse benefit is also payable 
 31.33  or 48 percent of the salary base, if no surviving spouse benefit 
 31.34  is also payable, for the former members of the following 
 31.35  consolidating relief associations:  
 31.36     (1) Fridley police pension association; 
 32.1      (2) Richfield police relief association; 
 32.2      (3) Rochester fire department relief association; 
 32.3      (4) Rochester police relief association; 
 32.4      (5) Winona fire department relief association; and 
 32.5      (6) Winona police relief association.  
 32.6      (c) The surviving family maximum shall be 50 percent of the 
 32.7   salary base for the former members of the following 
 32.8   consolidating relief associations:  
 32.9      (1) Anoka police relief association; 
 32.10     (2) Austin firefighters relief association; 
 32.11     (3) Austin police relief association; 
 32.12     (4) Duluth firefighters relief association; and 
 32.13     (5) Richfield fire department relief association; and 
 32.14     (6) St. Louis Park fire department relief association. 
 32.15     (d) The surviving family maximum shall be an amount equal 
 32.16  to the service pension which a retiring member would have 
 32.17  received based on 20 years of allowable service credit if the 
 32.18  member had attained the age of at least 50 years in the case of 
 32.19  an active member, or of the service pension which the deferred 
 32.20  member would have been receiving if the service pension had 
 32.21  commenced as of the date of death in the case of a deferred 
 32.22  member, or of the service pension or disability benefit which 
 32.23  the deceased member was receiving as of the date of death, for 
 32.24  the former members of the following consolidating relief 
 32.25  associations:  
 32.26     (1) Columbia Heights police relief association; 
 32.27     (2) Virginia fire department relief association; and 
 32.28     (3) Virginia police relief association. 
 32.29     (e) The surviving children maximum shall be 25 percent of 
 32.30  the salary base, if a surviving spouse benefit is also payable 
 32.31  or 50 percent of the salary base, if no surviving spouse benefit 
 32.32  is also payable, for the former members of the following 
 32.33  consolidating relief associations:  
 32.34     (1) Duluth police pension association; and 
 32.35     (2) Fairmont police benefit association.  
 32.36     (f) The surviving children maximum shall be 22.5 percent of 
 33.1   the salary base, if a surviving spouse benefit is also payable 
 33.2   or 45 percent of the salary base, if no surviving spouse benefit 
 33.3   is also payable, for the former members of the Crystal police 
 33.4   relief association.  
 33.5      (g) The surviving children maximum shall be 16 percent of 
 33.6   the salary base, if a surviving spouse benefit is also payable 
 33.7   or 48 percent of the salary base, if no surviving spouse benefit 
 33.8   is also payable, for the former members of the following 
 33.9   consolidating relief associations:  
 33.10     (1) St. Cloud fire department relief association; and 
 33.11     (2) St. Cloud police relief association.  
 33.12     (h) The surviving children maximum shall be 20 percent of 
 33.13  the salary base, if a surviving spouse benefit is also payable 
 33.14  or 50 percent of the salary base, if no surviving spouse benefit 
 33.15  is also payable, for the former members of the following 
 33.16  consolidating relief associations:  
 33.17     (1) Albert Lea firefighters relief association; 
 33.18     (2) Albert Lea police relief association; and 
 33.19     (3) Faribault fire department relief association.  
 33.20     (i) The surviving family maximum shall be the following for 
 33.21  the former members of the consolidating relief associations:  
 33.22     (1) 60 percent of the salary base, Bloomington police 
 33.23  relief association; 
 33.24     (2) $450 per month, Crookston police relief association; 
 33.25     (3) 80 percent of the service pension or disability benefit 
 33.26  which the deceased member was receiving as of the date of death, 
 33.27  or of the service pension which the deferred member would have 
 33.28  been receiving if the service pension had commenced as of the 
 33.29  date of death or of the service pension which the active member 
 33.30  would have received based on the greater of the allowable 
 33.31  service credit of the person as of the date of death or 20 years 
 33.32  of allowable service credit if the person would have been 
 33.33  eligible as of the date of death, Mankato fire department relief 
 33.34  association; and 
 33.35     (4) 54 percent of the salary base, Richfield fire 
 33.36  department relief association; and 
 34.1      (5) 57.5 percent of the salary base, St. Paul fire 
 34.2   department relief association.  
 34.3      (j) The surviving child maximum shall be the following for 
 34.4   the former members of the consolidating relief associations:  
 34.5      (1) 20 percent of the top salary payable to a patrol 
 34.6   officer, Brainerd police benefit association; 
 34.7      (2) ten percent of the salary base, if a surviving spouse 
 34.8   benefit is also payable or 15 percent of the salary base, if no 
 34.9   surviving spouse benefit is also payable, Columbia Heights fire 
 34.10  department relief association, paid division; 
 34.11     (3) $105 per month if a surviving spouse benefit is also 
 34.12  payable or $90 per month if no surviving spouse benefit is also 
 34.13  payable, Crookston fire department relief association; 
 34.14     (4) $125 per month, Faribault police benefit association; 
 34.15     (5) $30 per month if a surviving spouse benefit is also 
 34.16  payable or $180 per month if no surviving spouse benefit is also 
 34.17  payable, Hibbing police relief association; 
 34.18     (6) 25 percent of the salary base, if a surviving spouse 
 34.19  benefit is also payable or 51.25 percent of the salary base, if 
 34.20  no surviving spouse benefit is also payable, Minneapolis fire 
 34.21  department relief association; 
 34.22     (7) 17.5 percent of the salary base, if a surviving spouse 
 34.23  benefit is also payable or 50 percent of the salary base, if no 
 34.24  surviving spouse benefit is also payable, Minneapolis police 
 34.25  relief association; 
 34.26     (8) 24 percent of the salary base, St. Louis Park police 
 34.27  relief association; 
 34.28     (9) 23 percent of the salary base, if a surviving spouse 
 34.29  benefit is also payable or 50 percent of the salary base, if no 
 34.30  surviving spouse benefit is also payable, South St. Paul 
 34.31  firefighters relief association; 
 34.32     (10) ten percent of the salary base, West St. Paul 
 34.33  firefighters relief association; and 
 34.34     (11) $30 per month if a surviving spouse benefit is also 
 34.35  payable or $75 per month if no surviving spouse benefit is also 
 34.36  payable, West St. Paul police relief association. 
 35.1      Sec. 7.  Minnesota Statutes 1994, section 353B.13, is 
 35.2   amended to read: 
 35.3      353B.13 [OTHER BENEFIT COVERAGE.] 
 35.4      (a) A person who is a former member of the Austin 
 35.5   firefighters relief association who receives a service pension 
 35.6   or a disability pension from the relief association and who is 
 35.7   under age 65 or who is not yet eligible for the receipt of 
 35.8   federal Medicare benefits, whichever occurs first, and the 
 35.9   person's spouse, if the spouse would be eligible for a surviving 
 35.10  spouse benefit upon the death of the pension recipient, is 
 35.11  entitled to receive a health or medical insurance premium 
 35.12  benefit in an amount equal to the amount that the city of Austin 
 35.13  would pay under the applicable collective bargaining agreement 
 35.14  for medical or health insurance coverage for a firefighter who 
 35.15  is employed by the city, who has a spouse and who has no other 
 35.16  dependents, payable monthly, in addition to any other pension 
 35.17  amount received by the eligible pension recipient, and not 
 35.18  subject to any postretirement adjustments applicable to service 
 35.19  pensions or disability pensions. 
 35.20     (b) A person who is a former member of the New Ulm police 
 35.21  relief association, who retired from the New Ulm police 
 35.22  department after October 15, 1985, and who is receiving a 
 35.23  service pension after the effective date of consolidation as 
 35.24  provided in section 353A.06, shall be entitled to receive a 
 35.25  supplemental benefit of $80 per month for each month following 
 35.26  the date of retirement until the last day of the month in which 
 35.27  the person attains the age of 65 years. 
 35.28     (b) (c) The payment of the premiums for medical and dental 
 35.29  insurance coverage and the payment of a lump sum amount at 
 35.30  retirement for former members of the St. Cloud fire department 
 35.31  relief association and the payment of the premiums for medical 
 35.32  insurance coverage and the payment of a lump sum amount at 
 35.33  retirement for former members of the St. Cloud police relief 
 35.34  association as provided for in the governing benefit plan 
 35.35  documents shall be considered to be special benefit coverage 
 35.36  governed by section 353A.08, subdivision 6.  
 36.1      (c) (d) A person who is a former member of the St. Paul 
 36.2   fire department relief association who is unable to perform 
 36.3   normally assigned fire department service due to a medically 
 36.4   determinable physical or mental illness or injury and who is 
 36.5   removed from the fire department payroll, upon application, 
 36.6   until recovery, or for a period of 90 days or for a period of 
 36.7   150 days upon a showing of need and a medical report indicating 
 36.8   a reasonable prognosis for recovery due to the extended period, 
 36.9   whichever occurs first, shall be entitled to a sick relief 
 36.10  benefit for each day of that inability, payable monthly, in an 
 36.11  amount of 1.5625 percent of the salary base per day.  
 36.12     Sec. 8.  [EFFECTIVE DATE.] 
 36.13     Subdivision 1.  [AUSTIN FIRE.] Sections 3 and 4 with 
 36.14  respect to the Austin fire department relief association and 
 36.15  section 7 are effective on the effective date of article 2, 
 36.16  section 4. 
 36.17     Subd. 2.  [MINNEAPOLIS FIRE.] Section 3 with respect to the 
 36.18  Minneapolis fire department relief association is effective on 
 36.19  the effective date of article 3, section 1. 
 36.20     Subd. 3.  [RICHFIELD FIRE.] Sections 1, 2, 5, and 6 and 
 36.21  section 4 with respect to the Richfield firefighters relief 
 36.22  association are effective on the effective date of article 2, 
 36.23  sections 1, 2, and 5. 
 36.24                             ARTICLE 5
 36.25                       NORWOOD-YOUNG AMERICA
 36.26       CONSOLIDATED VOLUNTEER FIREFIGHTER RELIEF ASSOCIATION
 36.27     Section 1.  [CONSOLIDATED NORWOOD-YOUNG AMERICA VOLUNTEER 
 36.28  FIREFIGHTERS RELIEF ASSOCIATION.] 
 36.29     Subdivision 1.  [COMBINATION.] The cities of Norwood and 
 36.30  Young America in Carver county have conducted the necessary 
 36.31  proceedings to combine as one municipality to be known as 
 36.32  Norwood-Young America effective January 1, 1997, pursuant to 
 36.33  Minnesota Statutes, sections 465.81 to 465.87. 
 36.34     Subd. 2.  [CREATION.] The Norwood volunteer firefighters 
 36.35  relief association and the Young America volunteer firefighters 
 36.36  relief association are consolidated into a single volunteer 
 37.1   firefighters relief association in the manner provided by this 
 37.2   chapter.  The consolidated volunteer firefighters relief 
 37.3   association is to be governed by this chapter and the applicable 
 37.4   provisions of Minnesota Statutes, chapters 69, 317A, 356, 356A, 
 37.5   and 424A. 
 37.6      Subd. 3.  [CONSOLIDATED VOLUNTEER FIREFIGHTERS RELIEF 
 37.7   ASSOCIATION.] The consolidated volunteer firefighters relief 
 37.8   association must be incorporated under Minnesota Statutes, 
 37.9   chapter 317A.  The incorporators of the consolidated relief 
 37.10  association must include at least one board member of the former 
 37.11  Norwood volunteer firefighters relief association and at least 
 37.12  one board member of the former Young America volunteer 
 37.13  firefighters relief association.  The consolidated relief 
 37.14  association must be incorporated no later than February 1, 1997. 
 37.15     Sec. 2.  [GOVERNANCE OF CONSOLIDATED VOLUNTEER FIREFIGHTERS 
 37.16  RELIEF ASSOCIATION.] 
 37.17     Subdivision 1.  [BOARD OF TRUSTEES.] The consolidated 
 37.18  volunteer firefighters relief association is governed by a board 
 37.19  of trustees as provided in Minnesota Statutes, section 424A.04, 
 37.20  subdivision 1. 
 37.21     Subd. 2.  [COMPOSITION OF BOARD.] The board must have three 
 37.22  officers, including a president, a secretary, and a treasurer.  
 37.23  The membership of the consolidated volunteer firefighters relief 
 37.24  association must elect the three officers from the board 
 37.25  members.  A board of trustees member may not hold more than one 
 37.26  officer position at the same time. 
 37.27     Subd. 3.  [BOARD ADMINISTRATION.] The board of trustees 
 37.28  must administer the affairs of the relief association consistent 
 37.29  with this chapter and the applicable provisions of Minnesota 
 37.30  Statutes, chapters 69, 356A, and 424A. 
 37.31     Sec. 3.  [SPECIAL AND GENERAL FUNDS.] 
 37.32     The consolidated volunteer firefighters relief association 
 37.33  must establish and maintain a special fund and a general fund.  
 37.34  The special fund must be established and maintained as provided 
 37.35  in Minnesota Statutes, section 424A.05.  The general fund must 
 37.36  be established and maintained as provided in Minnesota Statutes, 
 38.1   section 424A.06. 
 38.2      Sec. 4.  [EFFECTIVE DATE OF CONSOLIDATION; TRANSFERS.] 
 38.3      The first business day occurring 30 days after the 
 38.4   incorporation of the consolidated volunteer firefighters relief 
 38.5   association under section 1 is the effective date of 
 38.6   consolidation.  On the effective date of consolidation, the 
 38.7   administration, records, assets, and liabilities of the prior 
 38.8   Norwood volunteer firefighters relief association and the prior 
 38.9   Young America volunteer firefighters relief association are 
 38.10  transferred to the consolidated volunteer firefighters relief 
 38.11  association.  On the effective date of consolidation, the 
 38.12  Norwood volunteer firefighters relief association and the Young 
 38.13  America volunteer firefighters relief association cease to exist 
 38.14  as legal entities, except for the purposes of winding up 
 38.15  association affairs as provided by this chapter. 
 38.16     Sec. 5.  [TRANSFER OF ADMINISTRATION.] 
 38.17     On the effective date of consolidation, the administration 
 38.18  of the prior relief associations is transferred to the board of 
 38.19  trustees of the consolidated volunteer firefighters relief 
 38.20  association. 
 38.21     Sec. 6.  [TRANSFER OF RECORDS.] 
 38.22     On the effective date of consolidation, the secretary and 
 38.23  the treasurer of the Norwood volunteer firefighters relief 
 38.24  association and the secretary and treasurer of the Young America 
 38.25  volunteer firefighters relief association shall transfer all 
 38.26  records and documents relating to the prior relief associations 
 38.27  to the secretary and treasurer of the consolidated volunteer 
 38.28  firefighters relief association. 
 38.29     Sec. 7.  [TRANSFER OF SPECIAL FUND ASSETS AND LIABILITIES.] 
 38.30     (a) On the effective date of consolidation, the secretary 
 38.31  and the treasurer of the Norwood volunteer firefighters relief 
 38.32  association and the secretary and treasurer of the Young America 
 38.33  volunteer firefighters relief association shall transfer the 
 38.34  assets of the special fund of the applicable relief association 
 38.35  to the special fund of the consolidated relief association.  
 38.36  Unless the appropriate secretary and treasurer decide otherwise, 
 39.1   the assets may be transferred as investment securities rather 
 39.2   than cash.  The transfer must include any accounts receivable.  
 39.3   The appropriate secretary must settle any accounts payable from 
 39.4   the special fund of the relief association before the effective 
 39.5   date of consolidation. 
 39.6      (b) Upon the transfer of the assets of the special fund of 
 39.7   a prior relief association, the pension liabilities of that 
 39.8   special fund become the obligation of the special fund of the 
 39.9   consolidated volunteer firefighters relief association. 
 39.10     (c) Upon the transfer of the prior relief association 
 39.11  special fund assets, the board of trustees of the consolidated 
 39.12  volunteer firefighters relief association has legal title to and 
 39.13  management responsibility for the transferred assets as trustees 
 39.14  for persons having a beneficial interest in those assets arising 
 39.15  out of the benefit coverage provided by the prior relief 
 39.16  association. 
 39.17     (d) The consolidated volunteer firefighters relief 
 39.18  association is the successor in interest in all claims for and 
 39.19  against the special funds of the prior Norwood volunteer 
 39.20  firefighters relief association and the prior Young America 
 39.21  volunteer firefighters relief association, or the cities of 
 39.22  Norwood and Young America, with respect to the special funds of 
 39.23  the prior relief associations.  The status of successor in 
 39.24  interest does not apply to any claim against a prior relief 
 39.25  association, the city in which that relief association is 
 39.26  located, or any person connected with the prior relief 
 39.27  association or the city, based on any act or acts that were not 
 39.28  done in good faith and that constituted a breach of fiduciary 
 39.29  responsibility under common law or Minnesota Statutes, chapter 
 39.30  356A. 
 39.31     Sec. 8.  [DISSOLUTION OF PRIOR GENERAL FUND BALANCES.] 
 39.32     Prior to the effective date of consolidation, the secretary 
 39.33  of the Norwood volunteer firefighters relief association and the 
 39.34  secretary of the Young America volunteer firefighters relief 
 39.35  association shall settle any accounts payable from the 
 39.36  respective general fund or any other relief association fund in 
 40.1   addition to the relief association special fund.  Investments 
 40.2   held by a fund of the prior relief associations in addition to 
 40.3   the special fund must be liquidated before the effective date of 
 40.4   consolidation as the bylaws of the relief association provide.  
 40.5   Prior to the effective date of consolidation, the respective 
 40.6   relief associations must pay all applicable general fund 
 40.7   expenses from their respective general funds.  Any balance 
 40.8   remaining in the general fund or in a fund other than the relief 
 40.9   association special fund as of the effective date of 
 40.10  consolidation must be paid to the new general fund of the 
 40.11  consolidated volunteer relief association. 
 40.12     Sec. 9.  [TERMINATION OF PRIOR RELIEF ASSOCIATIONS.] 
 40.13     Following the transfer of administration, records, special 
 40.14  fund assets, and special fund liabilities from the prior relief 
 40.15  associations to the consolidated volunteer firefighters relief 
 40.16  association, the Norwood volunteer firefighters relief 
 40.17  association and the Young America volunteer firefighters relief 
 40.18  association cease to exist as legal entities for any purpose.  
 40.19  The city clerk of the city of Norwood-Young America shall notify 
 40.20  the following governmental officials of the termination of the 
 40.21  respective volunteer firefighters relief associations and of the 
 40.22  establishment of the consolidated volunteer firefighters relief 
 40.23  association: 
 40.24     (1) Minnesota secretary of state; 
 40.25     (2) Minnesota state auditor; 
 40.26     (3) Minnesota commissioner of revenue; and 
 40.27     (4) commissioner of the federal Internal Revenue Service. 
 40.28     Sec. 10.  [ADMINISTRATIVE EXPENSES.] 
 40.29     The payment of authorized administrative expenses of the 
 40.30  consolidated volunteer firefighters relief association must be 
 40.31  from the special fund of the consolidated volunteer firefighters 
 40.32  relief association in accordance with Minnesota Statutes, 
 40.33  section 69.80, and as provided for in the bylaws of the 
 40.34  consolidated volunteer firefighters relief association and 
 40.35  approved by the board of trustees or the consolidated volunteer 
 40.36  firefighters relief association.  The payment of any other 
 41.1   expenses of the consolidated volunteer firefighters relief 
 41.2   association must be from the general fund of the consolidated 
 41.3   volunteer firefighters relief association in accordance with 
 41.4   Minnesota Statutes, section 69.80, and as provided for in the 
 41.5   bylaws of the consolidated volunteer firefighters relief 
 41.6   association and approved by the board of trustees of the 
 41.7   consolidated volunteer firefighters relief association. 
 41.8      Sec. 11.  [VALIDATION OF CURRENT BENEFIT PLANS AND PRIOR 
 41.9   ACTIONS.] 
 41.10     Notwithstanding any other law, the benefit plans of the 
 41.11  Norwood volunteer firefighters relief association and the Young 
 41.12  America volunteer firefighters relief association, as reflected 
 41.13  in each association's articles of incorporation and bylaws as of 
 41.14  December 31, 1995, are ratified and validated.  Acts previously 
 41.15  taken by the Norwood volunteer firefighters relief association 
 41.16  and the Young America volunteer firefighters relief association 
 41.17  in association with those ratified by articles of incorporation 
 41.18  are also ratified and validated. 
 41.19     Sec. 12.  [BENEFITS; FUNDING.] 
 41.20     After the effective date of consolidation, the service 
 41.21  pension for a member of the consolidated firefighters relief 
 41.22  association is $550 for each year of past service credited by 
 41.23  either the Norwood volunteer firefighters relief association or 
 41.24  the Young America volunteer firefighters relief association.  
 41.25  Future service credited by the consolidated firefighters relief 
 41.26  association is payable in a lump sum and is to be so provided in 
 41.27  the bylaws of the consolidated volunteer firefighters relief 
 41.28  association.  The service pension may be subsequently changed by 
 41.29  appropriate amendment to the bylaws approved by the board of 
 41.30  trustees and the city council of the city of Norwood-Young 
 41.31  America under Minnesota Statutes, sections 69.772, subdivision 
 41.32  6, and 424A.02, subdivisions 1 and 2.  In its budget and tax 
 41.33  levy for the year 1997, the city of Norwood-Young America must 
 41.34  provide that funds will be transferred to the special fund of 
 41.35  the consolidated volunteer firefighters relief association to 
 41.36  fully fund the actuarial accrued liability of the special fund 
 42.1   as determined under Minnesota Statutes, section 69.772, 
 42.2   subdivisions 2 and 2a.  Subsequent budgets and tax levies must 
 42.3   comply with Minnesota Statutes, section 69.772, subdivisions 3 
 42.4   and 4. 
 42.5      Sec. 13.  [EFFECTIVE DATE.] 
 42.6      Sections 1 to 12 are effective the day following approval 
 42.7   by the city council of the city of Norwood and approval by the 
 42.8   city council of the city of Young America and compliance with 
 42.9   Minnesota Statutes, section 645.021.