SF 2764

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/17/2010 11:48am

A bill for an act
relating to employment; regulating employer payments upon death of employee
and in other circumstances; amending Minnesota Statutes 2008, section 181.58.

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

Section 1.

Minnesota Statutes 2008, section 181.58, is amended to read:

181.58 SURVIVING SPOUSE new text begin OR DOMESTIC PARTNER new text end PAID WAGES
DUE.

new text begin Subdivision 1. new text end

new text begin Employer. new text end

For the purposes of this section the word "employer"
includes every person, firm, partnership, corporation, the state of Minnesota, all political
subdivisions, and all municipal corporations.

new text begin Subd. 2. new text end

new text begin Domestic partners. new text end

new text begin For the purpose of this section, "domestic partners"
means two persons who:
new text end

new text begin (1) are the same sex;
new text end

new text begin (2) are adults and mentally competent to enter into legally binding contracts;
new text end

new text begin (3) have assumed responsibility for each other's basic common welfare, financial
obligations, and well-being;
new text end

new text begin (4) share a common domicile and primary residence with each other on a permanent
basis;
new text end

new text begin (5) have a committed interdependent relationship with each other, intend to continue
that relationship indefinitely, and do not have this type of relationship with any other
person;
new text end

new text begin (6) are not married to another person and have not entered into a domestic
partnership arrangement with another person that is currently in effect; and
new text end

new text begin (7) are not related by blood or adoption so that a marriage between them would be
prohibited under section 517.03, subdivision 1, paragraph (a), clause (2) or (3).
new text end

new text begin Subd. 3. new text end

new text begin Paid wages due. new text end

If, at the time of the death of any person, an employer
is indebted to the person for work, labor, or services performed, and no personal
representative of the person's estate has been appointed, such employer shall, upon the
request of the surviving spouse new text begin or domestic partner new text end , forthwith pay this indebtedness,
in such an amount as may be due, not exceeding the sum of $10,000, to the surviving
spouse new text begin or domestic partner new text end . The employer may in the same manner provide for payment
to the surviving spouse new text begin or domestic partner new text end of accumulated credits under the vacation or
overtime plan or system maintained by the employer. The employer shall require proof
of claimant's relationship to decedent by affidavit, and require claimant to acknowledge
receipt of such payment in writing. Any payments made by the employer pursuant
to the provisions of this section shall operate as a full and complete discharge of the
employer's indebtedness to the extent of the payment, and no employer shall thereafter be
liable therefor to the decedent's estate or the decedent's personal representative thereafter
appointed. Any amounts so received by a spouse new text begin or domestic partner new text end shall be considered
in diminution of the allowance to the spouse new text begin or domestic partner new text end under section 524.2-403.

new text begin Subd. 4. new text end

new text begin Notice. new text end

new text begin An employee must provide the name, address, and phone number
of a domestic partner to the employer prior to any payment under this section.
new text end