SF 2506

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

  1.1                          A bill for an act 
  1.2             relating to retirement; providing survivor benefits to 
  1.3             certain surviving spouses of deceased members of the 
  1.4             Minneapolis Fire Relief Association; amending Laws 
  1.5             1965, chapter 519, section 1, as amended. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Laws 1965, chapter 519, section 1, as amended 
  1.8   by Laws 1967, chapter 819, section 1; Laws 1969, chapter 123, 
  1.9   section 1; Laws 1975, chapter 57, section 1; Laws 1977, chapter 
  1.10  164, section 2; Laws 1990, chapter 589, article 1, section 5; 
  1.11  Laws 1992, chapter 454, section 2; Laws 1994, chapter 591, 
  1.12  article 1, section 1; Laws 1996, chapter 448, article 3, section 
  1.13  1; and Laws 1997, chapter 233, article 4, section 12, is amended 
  1.14  to read: 
  1.15     Section 1.  [MINNEAPOLIS, CITY OF; FIREFIGHTER'S 
  1.16  FIREFIGHTERS RELIEF ASSOCIATION; SURVIVING SPOUSE'S 
  1.17  ENTITLEMENT.] Notwithstanding the provisions of Minnesota 
  1.18  Statutes 1965, Section 69.48, to the contrary, when a service 
  1.19  pensioner, disability pensioner, or deferred pensioner, or an 
  1.20  active member of a relief association dies, leaving: 
  1.21     (1) A surviving spouse who was a legally married spouse, 
  1.22  residing with the decedent, and who was married while or prior 
  1.23  to the time the decedent was on the payroll of the fire 
  1.24  department in the case of a deceased active member; and who, in 
  1.25  case the deceased member was a service or deferred pensioner was 
  2.1   legally married to the member at least five four years before 
  2.2   death; or 
  2.3      (2) A child or children who were living while the deceased 
  2.4   was on the payroll of the fire department, or born within nine 
  2.5   months after the decedent was withdrawn from the payroll of the 
  2.6   fire department, the surviving spouse and the child or children 
  2.7   shall be entitled to a pension or pensions, as follows: 
  2.8      (a) To the surviving spouse, a pension of not less than 17 
  2.9   units, and not to exceed the total of 22 units per month, as the 
  2.10  bylaws of the association provide; 
  2.11     (b) To the child or children, if their other parent is 
  2.12  living, a pension of not to exceed eight units per month for 
  2.13  each child up to the time each child reaches the age of not less 
  2.14  than 16 years and not to exceed an age of 18 years; provided, 
  2.15  however, upon approval by the board of trustees, such a child 
  2.16  who is a full-time student, upon proof of compliance with the 
  2.17  provisions of this act, may be entitled to such pension so long 
  2.18  as the child is a full-time student and has not reached 22 years 
  2.19  of age, all in conformity with the bylaws of the association; 
  2.20  provided, further, the total pensions hereunder for the 
  2.21  surviving spouse and children of the deceased member shall not 
  2.22  exceed the sum of 41 units per month; 
  2.23     (c) A child or children of a deceased member after the 
  2.24  death of their other parent, or in the event their other parent 
  2.25  predeceases the member, be entitled to receive a pension or 
  2.26  pensions in such amount as the board of trustees of the 
  2.27  association shall deem necessary to properly support the child 
  2.28  or children until they reach the age of not less than 16 and not 
  2.29  more than 18 years; provided, however, upon approval by the 
  2.30  board of trustees, such a child who is a full-time student, upon 
  2.31  proof of compliance with the provisions of this act, may be 
  2.32  entitled to such pension so long as the child is a full-time 
  2.33  student and has not reached 22 years of age, as the bylaws of 
  2.34  the association may provide; but the total amount of the pension 
  2.35  or pensions hereunder for any child or children shall not exceed 
  2.36  the sum of 41 units per month; 
  3.1      (d) For the purposes of this act, a full-time student is 
  3.2   defined as an individual who is in full-time attendance as a 
  3.3   student at an educational institution.  Whether or not the 
  3.4   student was in full-time attendance would be determined by the 
  3.5   board of trustees of the association in the light of the 
  3.6   standards and practices of the school involved.  Specifically 
  3.7   excluded is a person who is paid by the person's employer while 
  3.8   attending school at the request of the person's employer.  
  3.9   Benefits may continue during any period of four calendar months 
  3.10  or less in any 12 month period in which a person does not attend 
  3.11  school if the person shows to the satisfaction of the board of 
  3.12  trustees that the person intends to continue in full-time school 
  3.13  attendance immediately after the end of the period.  An 
  3.14  educational institution is defined so as to permit the payment 
  3.15  of benefits to students taking vocational or academic courses in 
  3.16  all approved, accredited or licensed schools, colleges, and 
  3.17  universities.  The board of trustees shall make the final 
  3.18  determination of eligibility for benefits if any question arises 
  3.19  concerning the approved status of the educational institution 
  3.20  which the student attends or proposes to attend; 
  3.21     (e) In the event that a child who is receiving a pension as 
  3.22  provided above shall marry before the age of 22 years, the 
  3.23  pension shall cease as of the date of the marriage; and 
  3.24     (f) A surviving spouse of a deceased service pensioner, 
  3.25  disability pensioner, deferred pensioner, or service pensioner 
  3.26  who is otherwise not qualified may receive a benefit if the 
  3.27  surviving spouse was legally married to the decedent for a 
  3.28  period of five four years and was residing with the decedent at 
  3.29  the time of death.  The surviving spouse benefit is the same as 
  3.30  that provided under paragraph (a), except that if the surviving 
  3.31  spouse is younger than the decedent, the surviving spouse 
  3.32  benefit must be actuarially equivalent to a surviving spouse 
  3.33  benefit that would have been paid to the member's spouse had the 
  3.34  member been married to a person of the same age or a greater age 
  3.35  than the member's age prior to retirement.  A benefit paid under 
  3.36  this paragraph may be less than 17 units, notwithstanding the 17 
  4.1   unit minimum established under paragraph (a). 
  4.2      Sec. 2.  [EFFECTIVE DATE.] 
  4.3      Section 1 is effective the day after compliance by the 
  4.4   Minneapolis city council with Minnesota Statutes, section 
  4.5   645.021, subdivision 2.  Section 1 is retroactive to October 1, 
  4.6   1997, and applies to any person who had been married to a 
  4.7   service pensioner for three years as of that date.  Benefits 
  4.8   payable as a result of section 1 commence on the first of the 
  4.9   month following the effective date of this section.