SF 2462

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to retirement; providing an option to a surviving spouse of a deceased
judge; amending Minnesota Statutes 2004, section 490.124, subdivision 9.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 490.124, subdivision 9, is amended to read:

Subd. 9.

Survivors' annuity.

new text begin (a) new text end Upon the death of a judge prior to retirement, or
upon the death of a person who has qualified for an annuity but who ceases to be a judge
prior to retirement and has not received a refund of contributions pursuant to subdivision
12, a surviving spouse or, if there be no surviving spouse, dependent children, shall
receive an annuity, payable monthly, equal to 60 percent of the normal retirement annuity
which would have been payable to the judge or former judge had the date of death been
the normal retirement date, provided that the surviving spouse or dependent children
shall receive an annuity of not less than 25 percent of the judge's or former judge's final
average compensation.

new text begin (b) The surviving spouse of a deceased judge may elect to receive, in lieu of the
annuity under paragraph (a), an annuity equal to the 100 percent joint and survivor annuity
which the judge or former judge could have qualified for on the date of death.
new text end

new text begin (c) new text end If a judge, whose surviving spouse was not entitled to survivors benefits provided
solely for judges under statutes in effect prior to January 1, 1974, shall have died prior to
retirement on or after May 23, 1973 new text begin , new text end and before January 1, 1974, a surviving spouse and
dependent children, if any, shall be entitled to survivors benefits as provided hereunder as
if such judge had died on January 1, 1974.

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective January 1, 2006.
new text end