Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                         CHAPTER 90-H.F.No. 813 
           An act relating to pensions and retirement; adding 
          members to the board of the Minneapolis police relief 
          association; amending Laws 1949, chapter 406, sections 
          4, subdivisions 2 and 3; and 6, subdivision 3, as 
          amended; Laws 1953, chapter 127, section 1, by adding 
          a subdivision; and Laws 1965, chapter 493, section 3, 
          as amended. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Laws 1953, chapter 127, section 1, is amended 
by adding a subdivision to read: 
    Subd. 2b.  [SURVIVING SPOUSE MEMBER.] "Surviving spouse 
member" means the person who was the legally married spouse of 
the member, residing with the decedent, and who was married 
while or prior to the time the decedent was on the payroll of 
the police department, and who, in case the deceased member was 
a pensioner or deferred pensioner, was legally married to the 
member at least one year before the decedent's retirement from 
the police department.  The term does not include the surviving 
spouse who has deserted a member or who has not been dependent 
upon the member for support, nor does it include the surviving 
common law spouse of a member. 
    Sec. 2.  Laws 1965, chapter 493, section 3, as amended by 
Laws 1983, chapter 88, section 5, is amended to read: 
    Sec. 3.  [INCORPORATION, GOVERNMENT BY BOARD.] 
    Subdivision 1.  [MEMBERS, TERMS, ELECTIONS.] The 
association shall become incorporated.  It shall be governed by 
a board of nine members.  The mayor, chief of police, and city 
comptroller/treasurer of the city shall be ex officio members of 
the board.  The Minneapolis city council shall appoint two 
persons to serve as members.  Those members shall be appointed 
for a term of two years.  All city appointments will be 
effective from January 1 in the odd-numbered years through 
December 31 in the even-numbered years.  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. 
    Beginning in 1991, the surviving spouse members of the 
relief association must elect from among themselves one 
surviving spouse member to serve as a member of the board for a 
three-year term.  With the exception of a three-year term, the 
provisions of this section applicable to elective members of the 
board must govern the manner in which this position will be 
filled. 
    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. 
    Subd. 2.  [CONTINUATION OF BOARD.] Notwithstanding the 
provisions of Minnesota Statutes, section 423A.01, subdivision 
2, or any other law, the board of trustees and its successors 
established pursuant to subdivision 1 shall continue to govern 
the association until there are no more than 100 members of the 
police pension fund.  The fund must thereafter become a trust 
fund in accordance with Minnesota Statutes, section 423A.01, 
subdivision 2. 
    Sec. 3.  Laws 1949, chapter 406, section 6, subdivision 3, 
as amended by Laws 1953, chapter 127, section 6; Laws 1965, 
chapter 493, section 3; and Laws 1983, chapter 88, section 11, 
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 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 
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. 
    The bylaws may provide that such active member's periods of 
disability up to one year may be included in computing the 
member's total years of service for pension purposes. 
    Sec. 4.  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; Laws 1983, chapter 
88, section 7; and Laws 1987, chapter 372, article 2, section 6, 
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, and of the other elected members of the 
board of trustees in an amount not to exceed three units; 
    (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 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 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. 5.  [EFFECTIVE DATE.] 
    Sections 1 to 4 are effective the day after compliance with 
Minnesota Statutes, section 645.021, by a majority of the 
Minneapolis city council. 
    Presented to the governor May 10, 1991 
    Signed by the governor May 14, 1991, 3:35 p.m.