Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 172-H.F.No. 870 
           An act relating to retirement; public employees 
          retirement fund police and fire consolidation 
          accounts; permitting survivors of account members 
          killed in the line of duty to elect coverage; 
          proposing coding for new law in Minnesota Statutes, 
          chapter 353A. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  [353A.081] [PUBLIC EMPLOYEES RETIREMENT 
ASSOCIATION POLICE AND FIRE CONSOLIDATION ACCOUNT COVERAGE 
ELECTION AUTHORITY.] 
    Subdivision 1.  [ENTITLEMENT.] In addition to coverage 
selection periods in Minnesota Statutes, section 353A.08, 
subdivisions 3 and 4, the surviving spouse of a member of a 
public employee retirement association consolidation account who 
is killed in the line of duty is eligible to make an election of 
coverage indicated in subdivision 2.  If there is no surviving 
spouse, the legal guardian of the oldest dependent child under 
the age of 18 is eligible to make an election of coverage under 
subdivision 2.  If there are no surviving dependent children 
under age 18, then the oldest dependent child who is age 18 to 
23 and who is enrolled full time in an accredited post-secondary 
educational institution is eligible to make the election.  A 
refund may be paid to a designated beneficiary only if: 
    (1) there are no survivors entitled to benefits under this 
subdivision; or 
    (2) the surviving spouse and dependent children, who are 
between age 18 to 23, permanently waive their rights to benefits 
in writing and the benefits of dependent children under 18 are 
waived under a district court order. 
    Subd. 2.  [ELECTION OF COVERAGE.] Individuals eligible 
under subdivision 1 may elect, on a form prescribed by the 
executive director of the public employees retirement 
association, to have survivor benefits calculated under the 
relevant provisions of the public employees police and fire fund 
benefit plan or to have survivor benefits calculated under the 
relief association benefit plan.  The relevant provisions of the 
public employee police and fire fund benefit plan for the person 
electing that benefit coverage are the relevant provisions of 
the public employee police and fire fund benefit plan applicable 
to survivor benefits, including participation in the Minnesota 
postretirement investment fund. 
    If the election results in an increased benefit amount to 
the surviving spouse eligible under subdivision 1, or to 
eligible children if there is no surviving spouse, the increased 
benefit accrues as of the date on which the survivor benefits 
payable to the survivors from the consolidation account were 
first paid.  The back payment of any increase in prior benefit 
amounts, plus any postretirement adjustments payable under 
Minnesota Statutes, section 356.41, or any increase payable 
under the local relief association bylaws is payable as soon as 
practicable after the effective date of the election. 
    Sec. 2.  [EFFECTIVE DATE.] 
    Section 1 is effective January 1, 1990. 
    Presented to the governor May 21, 1991 
    Signed by the governor May 24, 1991, 5:00 p.m.