Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                         CHAPTER 88--S.F.No. 936
           An act relating to retirement; the Minneapolis police 
          relief association; board membership; sources and uses 
          of funds; member contributions; amending Laws 1949, 
          chapter 406, sections 1, subdivision 1, as amended; 3, 
          as amended; 4, subdivisions 2 and 3, as amended; 5, 
          subdivisions 1, 3, and 5, as amended; and 6, 
          subdivision 3, as amended; Laws 1953, chapter 127, 
          section 1, subdivisions 2, as amended, and 4, and by 
          adding a subdivision; and Laws 1965, chapter 493, 
          section 3.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Laws 1953, chapter 127, section 1, subdivision 
2, as amended by Laws 1965, chapter 493, section 1, is amended 
to read: 
    Subd. 2.  [MINNEAPOLIS, CITY OF; POLICE PENSIONS; MEMBERS.] 
"Active members" means policemen, policewomen, police matrons, 
assistant police matrons, police stenographers, police clerks, 
police telephone operators, police radio operators, and police 
mechanics duly appointed, regularly entered on the payroll of 
the police department prior to June 15, 1980, and on active 
duty.  Effective May 1, 1959, only policemen, policewomen, 
police matrons and assistant police matrons shall be accepted as 
new members.  Effective June 15, 1980, no newly hired police 
personnel shall be accepted as members.  
    Sec. 2.  Laws 1953, chapter 127, section 1, is amended by 
adding a subdivision to read:  
    Subd. 2a.  [RETIRED MEMBERS.] "Retired members" means 
policemen, policewomen, police clerks, police telephone 
operators, police radio operators, and police mechanics duly 
appointed, regularly entered on the payroll of the police 
department before June 15, 1980, who retire from active duty and 
are entitled to receive a pension pursuant to Laws 1953, chapter 
127, as amended.  
    Sec. 3.  Laws 1953, chapter 127, section 1, subdivision 4, 
is amended to read:  
    Subd. 4.  [DISABILITY.] "Disability" means a physical or 
mental incapacity of a an active member to perform the duties of 
his position in the service of the police department.  
    Sec. 4.  Laws 1949, chapter 406, section 1, subdivision 1, 
as amended by Laws 1965, chapter 493, section 2, is amended to 
read:  
    Sec. 2.  [MAINTENANCE.] 
    Subdivision 1.  The active and retired members of the 
police department of the city of Minneapolis shall maintain the 
policemen's relief association now existing.  
    Sec. 5.  Laws 1965, chapter 493, section 3, is amended to 
read:  
     Sec. 3.  [INCORPORATION, GOVERNMENT BY BOARD.] 
     The association shall become incorporated.  It shall be 
governed by a board of eight nine members.  The mayor, chief of 
police, and treasurer city comptroller/treasurer of the city 
shall be ex officio members of the board.  The other members of 
the board shall be elected by the members of the association.  
Those elected to the first board shall be elected for terms of 
one, two, three, four, five years respectively; thereafter 
election shall be for a term of five years.  Each elective 
member of the board shall hold office until his successor is 
elected and has qualified.  Any vacancy in the office of an 
elective member of the board shall be filled by a special 
election called for that purpose.  Any member so elected shall 
hold office for the balance of the term for which his 
predecessor was elected.  Those members of the board shall 
continue to serve their present terms as provided by this 
section and the articles of incorporation and bylaws of the 
association.  In 1983, the retired members shall separately from 
among themselves elect one member to serve on the board to serve 
a three-year term.  This position shall continue to be filled by 
a retired member as in the same manner as provided for other 
elective members of the board; however, the election of this 
position shall be held every three years.  In the years 1987, 
1991, 1995, and 1999 when elections are held for board members, 
those board positions held by active members shall end and those 
board positions shall be filled by retired members from an 
election conducted amongst only the retired members, the term of 
office for those positions will be three years.  In the other 
years when elections are held to fill a board position of an 
active member only active members will vote.  As long as there 
remains at least one active member on active duty with the 
Minneapolis police department, there shall be a member of the 
board of directors from the active ranks in accordance with the 
election procedures outlined in this section.  The affairs of 
the association shall be regulated by its articles of 
incorporation and bylaws. 
    Sec. 6.  Laws 1949, chapter 406, section 3, as amended by 
Laws 1953, chapter 127, section 3, is amended to read:  
    Sec. 5.  [SOURCE OF FUNDS.] 
    These funds shall be derived from the following sources:  
    (a) Gifts made for such purpose;  
    (b) Rewards received by active members;  
    (c) Moneys coming into the hands of members remaining 
unclaimed for six months;  
    (d) Proceeds from sales of property coming into the hands 
of active members and remaining unclaimed for six months.  The 
chief of police of the city shall sell such unclaimed property;  
    (e) An amount equal to four eight percent of the salary of 
a first grade patrolman deducted by the city treasurer 
comptroller/treasurer from the monthly salary of each active 
member;  
    (f) All moneys derived from taxation, as provided by 
section 6; and 
    (g) Moneys now in any policemen's pension or benefit fund 
continued to be maintained by the association;  
    (h) All moneys received from the state amortization aid 
pursuant to Minnesota Statutes, section 423A.02, to fund the 
unfunded accrued liability of the association;  
    (i) All moneys received from the state pursuant to chapter 
69 for state police aid;  
    (j) All moneys derived from taxation by the municipality 
for the support of the association and payment of pensions;  
    (k) All moneys provided by the state for the association; 
and 
    (l) All moneys from investments, earnings, and interest of 
the fund.  
     Any surplus remaining in these funds at the close of any 
fiscal year shall continue therein. 
    Sec. 7.  Laws 1949, chapter 406, section 4, subdivisions 2 
and 3, as amended by Laws 1953, chapter 127, section 4; Laws 
1965, chapter 534, section 1; Laws 1967, chapter 825, section 1; 
Laws 1969, chapter 258, section 1; Laws 1973, chapter 272, 
section 1; and Laws 1975, chapter 428, section 1, is amended to 
read:  
    Sec. 7.  [MINNEAPOLIS, CITY OF; POLICEMEN'S PENSIONS.] The 
policemen's pension fund shall be used only for the payment of:  
     (a) Service, disability or dependency pensions;  
     (b) Salaries of the secretary of the association in an 
amount not to exceed 30 percent of the base salary of a 
top-grade patrolman and of the president of the association in 
an amount not to exceed ten percent of the base salary of a 
top-grade patrolman;  
     (c) Expenses of officers and employees of the association 
in connection with the protection of the fund; 
    (d) All expenses of operating and maintaining the 
association; and 
    (e) Hospital and medical insurance for pensioners and 
widows of one unit per month, such one unit to be added to the 
pension otherwise provided for herein; provided that a pensioner 
or widow may in writing authorize a deduction from their pension 
for an insurance plan adopted by the association;  
    (f) Health and welfare benefits of one unit per month in 
addition to other benefits for members who retire after July 1, 
1980; and 
    (g) Other expenses authorized by law.  
    Sec. 8.  Laws 1949, chapter 406, section 5, subdivision 1, 
as amended by Laws 1953, chapter 127, section 5, and Laws 1969, 
chapter 560, section 1, is amended to read:  
    Sec. 8.  [MINNEAPOLIS, CITY OF; POLICE PENSIONS.] 
    Subdivision 1.  [PERSONS ENTITLED TO RECEIVE.] The 
association shall grant pensions payable from the policemen's 
pension fund in monthly installments, in the manner and for the 
following purposes:  
    (1) Any active member of the age of 50 years or more, who 
performs duty as a member of the police department of the city 
for 20 years or more, upon his written application after 
retiring from such duty, shall be paid monthly during his 
lifetime a pension equal to 32 units and an additional unit for 
each year of such service in excess of 20 years, but after 
completion of the 25th year of service the member shall receive 
40 units thereafter. 
    (2) Any active member who performs duty as a member of the 
police department of the city for 20 years or more who retires 
from such duty before he attains the age of 50 years, upon his 
written application after reaching the age of 50 years shall be 
paid monthly during his lifetime a pension equal to 32 units and 
an additional unit for each year of such service in excess of 20 
years, but after completion of the 25th year of service the 
member shall receive 40 units thereafter. 
    (3) To any active member who shall, after ten years' 
service but with less than 20 years' service with the police 
department of the city, become superannuated so as to be 
permanently unable to perform his duties, there shall be paid 
monthly during his lifetime a pension equal to 12 units for ten 
years of service and an additional two units for each completed 
year of such service over ten years and less than 20 years.  
    (4) To any active member not eligible for a service pension 
who, while a member of the police department of the city, 
becomes diseased or sustains an injury while in the service 
which permanently unfits him for the performance of police 
duties, there shall be paid monthly during his lifetime a 
pension equal to 32 units while so disabled.  
    Sec. 9.  Laws 1949, chapter 406, section 5, subdivision 3, 
as amended by Laws 1953, chapter 127, section 5, subdivision 2, 
is amended to read:  
    Subd. 2.  [PAYMENTS, MEMBER SEPARATED FROM THE SERVICE.] If 
a an active member of the police department of the city is 
separated from the service after having completed not less than 
five years of service, under such circumstances that no pension 
benefits are payable to him or to his widow or to his children, 
the treasurer of the city association shall return to him the 
sum of $500, with an additional $100 for each completed year of 
service in excess of five.  In the event the member is 
reinstated to police duty all moneys paid him shall be returned 
to the pension fund within six months from the date of the 
reinstatement.  Failure to do so relieves the association from 
any liability as to prior years of service credit as to 
reinstatement date.  In case of the death of the member any such 
sums shall be paid to his heirs, executors, or administrators. 
    Sec. 10.  Laws 1949, chapter 406, section 5, subdivision 5, 
as amended by Laws 1953, chapter 127, section 5, is amended to 
read:  
    Subd. 4.  [CERTIFICATE OF PHYSICIANS REQUIRED.] No member 
shall be awarded, granted, or paid a pension pursuant to 
subdivision 1, clauses (3) and (4), except upon the certificate 
of two or more physicians or surgeons chosen by the governing 
board.  This certificate shall set forth the cause, nature, and 
extent of the disability, disease, or injury of the member.  No 
active member shall be awarded, granted, or paid a pension 
pursuant to subdivision 1, clause (4), unless the certificate 
states that the disability, disease, or injury was incurred or 
sustained by the member while in the service of the police 
department of the city.  Each such certificate shall be filed 
with the association.  
    Sec. 11.  Laws 1949, chapter 406, section 6, subdivision 3, 
as amended by Laws 1953, chapter 127, section 6, and Laws 1965, 
chapter 493, section 3, is amended to read:  
     Subd. 3.  [DISABLED MEMBERS.] Any active member who becomes 
disabled from performing his duties as a member of the police 
department of the city by reason of sickness or accident, if off 
the payroll of the police department, having exhausted all 
accumulated vacation, overtime, and sick leave credits due him, 
is entitled to receive from the association during his 
disability such benefits as the bylaws of the association 
provide, but such benefits shall not extend beyond a six-months 
period except when a an active member is disabled because of an 
injury sustained while on duty.  Such benefits may extend for an 
indefinite time during disability.  The bylaws may provide that 
such a an active member shall have completed a minimum number of 
years of service in order to be entitled to such benefits.  
Before any such benefits shall be paid or allowed, notice of the 
disability and application for benefits on account thereof shall 
be made to the secretary of the association within 90 days after 
such sickness or disability. 
    Sec. 12.  [EFFECTIVE DATE.] 
    This act is effective upon approval by the Minneapolis city 
council and compliance with Minnesota Statutes, section 645.021. 
    Approved May 9, 1983