Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 322-S.F.No. 587 
           An act relating to state and local government; adding 
          certain emergency personnel to the list of people 
          eligible for benefits from the peace officers benefit 
          fund; Minneapolis police relief association service 
          pensions and survivor benefits; amending Minnesota 
          Statutes 1986, section 176B.01, subdivision 2; and 
          Laws 1949, chapter 406, section 4, subdivisions 2 and 
          3, as amended, section 5, subdivisions 1 and 3, as 
          amended, and section 6, subdivision 1, as amended; and 
          Laws 1980, chapter 607, article 15, section 9. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 176B.01, 
subdivision 2, is amended to read: 
    Subd. 2.  [PEACE OFFICER.] "Peace officer" means: 
    (a) a police officer employed by the state of Minnesota or 
any governmental subdivision within the state to enforce the 
criminal laws;  
    (b) a Minnesota state patrol officer;  
    (c) a sheriff or full-time deputy sheriff with power of 
arrest by warrant;  
    (d) a state conservation officer as defined in section 
84.028, subdivision 3;  
    (e) a person employed by the bureau of criminal 
apprehension as a police officer with power of arrest by warrant;
    (f) a correction officer employed at any correctional 
institution and charged with maintaining the safety, security, 
discipline and custody of inmates at such institutions;  
    (g) a firefighter employed on a full-time basis by a fire 
department of any governmental subdivision of the state who is 
engaged in the hazards of firefighting or a regularly enrolled 
member of a volunteer fire department or member of an 
independent nonprofit firefighting corporation who is engaged in 
the hazards of fire fighting;  
    (h) a good samaritan who complies with the request or 
direction of a peace officer to assist the officer; and 
    (i) a reserve police officer or a reserve deputy sheriff 
acting under the supervision and authority of a political 
subdivision; and 
     (j) a driver or attendant with a licensed basic or advanced 
life support transportation service who is engaged in providing 
emergency care. 
     Sec. 2.  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; Laws 1975, chapter 428, section 1; and Laws 1983, 
chapter 88, section 7, is amended to read: 
    Sec. 7.  [MINNEAPOLIS, CITY OF; POLICEMEN'S POLICE 
PENSIONS.] 
    The policemen's police 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; 
    (e) Hospital and medical insurance for pensioners who have 
completed 20 years or more of service or permanent disabilitants 
and widows surviving spouses of deceased active members, 
disabilitants, or service pensioners who have completed 20 years 
or more of service of one unit per month, such one unit to be 
added to the pension otherwise provided for herein; provided 
that a pensioner or widow surviving spouse 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 have completed 20 years or more of service or members 
who are permanent disabilitants; and 
    (g) Other expenses authorized by law. 
    Sec. 3.  Laws 1949, chapter 406, section 5, subdivision 1, 
as amended by Laws 1953, chapter 127, section 5, subdivision 1, 
Laws 1969, chapter 560, section 1, and Laws 1983, chapter 88, 
section 8, is amended to read: 
    Subdivision 1.  [PERSONS MINNEAPOLIS POLICE; PERSONS 
ENTITLED TO RECEIVE.] The association shall grant pensions 
payable from the policemen's police 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, and 
any deferred pensioner who performs has performed duty as a 
member of the police department of the city for 20 five years or 
more, upon his written application after retiring from such duty 
, shall and reaching at least age 50 is entitled to be paid 
monthly during his lifetime a for life a service 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 eight units.  For full 
years of service beyond five years, the service pension 
increases to a maximum of 40 units, as follows: 
    Sixth through 20th years ............ 1.6 units per year 
    21st through 24th years ............. 1.0 units per year 
    25th year ........................... 4.0 units. 
    Fractional years of service may not be used in computing 
pensions. 
    (3) To (2) Any active member who shall, after ten five 
years' service but with less than 20 years' service with the 
police department of the city, become becomes superannuated so 
as to be permanently unable to perform his assigned duties, 
there shall be paid monthly during his lifetime for life a 
pension equal to 12 two units for ten five years of service and 
an additional two units for each completed full year of such 
service over ten five years and less than 20 years. 
    (4) To (3) 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 the member for the 
performance of police duties, there shall be paid monthly during 
his lifetime for life a pension equal to 32 units while so 
disabled. 
    Sec. 4.  Laws 1949, chapter 406, section 5, subdivision 3, 
as amended by Laws 1953, chapter 127, section 5, subdivision 2, 
and Laws 1983, chapter 88, section 9, is amended to read: 
    Subd. 2.  [PAYMENTS, MEMBER SEPARATED FROM THE SERVICE 
MINNEAPOLIS POLICE; REFUNDS PROHIBITED.] If 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 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 No 
refund of contributions may be made upon separation from service;
provided, however, that if an active member dies leaving no 
surviving spouse or children, the member's heirs, executors, or 
administrators are entitled to a refund of $100 for each 
completed year of service. 
    Sec. 5.  Laws 1949, chapter 406, section 6, subdivision 1, 
as amended by Laws 1953, chapter 127, section 6, and Laws 1967, 
chapter 820, section 1, is amended to read: 
    Subdivision 1.  [MINNEAPOLIS POLICE SURVIVOR BENEFITS; 
PERSONS TO WHOM GRANTED.] The association shall grant pensions 
or benefits payable from the policemen's police pension fund to 
any member or to any widow surviving spouse or to any child 
under 18 years of age or any member from the time and for the 
following purposes: 
    When a service pensioner, disability pensioner, or deferred 
pensioner, or an active member of a relief association dies, 
leaving 
    (1) a widow surviving spouse, who was his a legally married 
wife spouse, residing with him the decedent, and who was married 
while or prior to the time he the decedent was on the payroll of 
the police department; and who, in case the deceased member was 
a service or deferred pensioner, was legally married to the 
member at least one year before his retirement from the police 
department; or 
    (2) a child or children, who were living while the deceased 
was on the payroll of the police department or born within nine 
months after the decedent was withdrawn from such the payroll, 
the widow surviving spouse and child, or children, shall be 
entitled to a pension, or pensions, as follows: 
    (a) To the widow surviving spouse of a deceased active 
member or disabilitant, a pension of 18 units per month for 
life.  If the surviving spouse remarries, the pension ceases as 
of the date of the remarriage. 
    (b) To the surviving spouse of a deceased deferred or 
retired member, a pension of 18 4.5 units per month for her 
natural life; but, plus an additional nine-tenths of one unit 
per month for every year of service of the decedent beyond five 
years to a maximum of 18 units.  If she remarry the surviving 
spouse remarries, the pension shall cease ceases as of the date 
of the remarriage. 
    (b) (c) To each child of a deceased active member or 
disabilitant, a pension of six units per month until the child 
reaches the age of 18 years; or in the case of a child in 
full-time attendance during the normal school year, in a school 
approved by the board of directors, until the child receives a 
bachelor's degree or attains the age of 22 years, whichever 
occurs first. 
    (d) To each child of a deceased deferred or retired member, 
a pension of 1.5 units per month plus three-tenths of one unit 
per month for every year of service of the decedent beyond five 
years to a maximum of six units until the child reaches the age 
of 18 years; or, in the case of a child in full-time attendance 
during the normal school year in a school approved by the board 
of directors, until the child receives a bachelor's degree or 
attains the age of 22 years, whichever is first. 
    The total pensions hereunder for the widow surviving spouse 
and children of a deceased member shall not exceed 32 units per 
month. 
    Sec. 6.  Laws 1980, chapter 607, article 15, section 9, is 
amended to read: 
    Sec. 9.  [MINNEAPOLIS POLICE AND FIRE; HEALTH AND WELFARE 
BENEFIT.] Notwithstanding any law to the contrary, any person 
who, after July 1, 1980, retires on a service pension with at 
least 20 years of service or a permanent disability benefit from 
the Minneapolis police relief association or the Minneapolis 
firefighters relief association shall be entitled on January 1, 
1981, or upon the date of retirement, whichever occurs later, to 
receive a monthly health and welfare benefit unless the city of 
Minneapolis elects to retain the local relief association by the 
adoption of a municipal resolution pursuant to section 4, 
subdivision 1.  The monthly health and welfare benefit shall be 
an amount equal to one unit as defined pursuant to Laws 1963, 
Chapter 315, Section 1, Subdivision 3, for the Minneapolis 
police relief association, or Minnesota Statutes, Section 69.45, 
for the Minneapolis firefighters relief association, whichever 
is applicable.  The monthly health and welfare benefit shall be 
paid to the retired member unless the retired member designates 
in writing that the amount be paid to an insurance carrier to 
defray the cost of any health or welfare related insurance 
coverage. 
    Sec. 7.  [SAVINGS CLAUSE.] 
    Nothing in sections 2 to 6 impairs or diminishes the 
benefits paid to members, spouses, or children of a member of 
the Minneapolis police relief association or the entitlement 
that members, spouses, or children had to benefits before the 
effective date of sections 2 to 6. 
    Sec. 8.  [EFFECTIVE DATES.] 
    Sections 2 to 7 are effective upon approval by the 
Minneapolis council and compliance with Minnesota Statutes, 
section 645.021. 
    Approved May 29, 1987