Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                         CHAPTER 62-H.F.No. 41 
           An act relating to retirement; providing certain widow 
          benefits for the Virginia firefighters relief 
          association; providing for disposition of assets of 
          the Virginia firefighters relief association under 
          certain conditions; amending Laws 1974, chapter 183, 
          section 3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Laws 1974, chapter 183, section 3, is amended 
to read: 
    Sec. 3.  [SURVIVOR BENEFITS.] When a service pensioner, 
disability pensioner, deferred pensioner or active member of the 
relief association dies, leaving:  a surviving widow spouse who 
became his wife prior to the spouse of the member before or 
during the time he the member was on the payroll of the fire 
department and remained such continuously until his death, was 
residing with the member or pensioner at the time of his death, 
and had not applied for a divorce or legal separation from the 
member or pensioner; surviving dependent children; or a 
combination of surviving widow spouse and surviving dependent 
children; there shall be paid the survivors are entitled to 
survivor benefits as follows: 
    (a) to the widow surviving spouse, a pension equal to one 
half of the pension the fireman firefighter would have been 
entitled to had he the member survived, payable for life or 
until the date of remarriage; 
    (b) to each surviving dependent child, a pension in the 
amount of $25 per month, payable until such child attains the 
age of 18 years. 
     The total amount of pension payable under clauses (a) and 
(b) shall not however, exceed the amount the fireman firefighter 
would have been entitled to had he the member survived.  For 
purposes of this section, a temporary absence for purposes of 
business, health, or pleasure shall not constitute a change of 
residence. 
     Sec. 2.  [DISPOSITION OF ASSETS.] 
     Notwithstanding any law to the contrary, upon the death of 
the last pension or benefit recipient from the Virginia 
firefighters relief association and the certification by the 
chief administrative officer of the city of Virginia to the 
state auditor that there are no remaining persons with a pension 
or benefit entitlement, the assets of the Virginia firefighters 
relief association or trust fund must revert to the city of 
Virginia.  The city may expend the assets only for firefighting 
purposes. 
     Sec. 3.  [EFFECTIVE DATE.] 
     Sections 1 and 2 are effective upon approval by the 
Virginia city council and compliance with Minnesota Statutes, 
section 645.021.  Section 1 applies to a surviving spouse 
receiving benefits as of the effective date of section 1 and to 
a potential future surviving spouse of a service pensioner, 
disability pensioner, or deferred pensioner who has that status 
as of the effective date of section 1. 
    Presented to the governor May 3, 1991 
    Signed by the governor May 7, 1991, 1:44 p.m.