Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 428-H.F.No. 2683 
           An act relating to the city of Nashwauk; authorizing 
          an increase in benefits payable to surviving spouses 
          by the police relief association; repealing a 
          surviving spouse remarriage penalty; amending Laws 
          1943, chapter 196, section 4, as amended. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Laws 1943, chapter 196, section 4, as amended 
by Laws 1951, chapter 44, section 1, Laws 1955, chapter 88, 
section 1, Laws 1978, chapter 675, section 1, and Laws 1991, 
chapter 28, section 1, is amended to read: 
    Sec. 4.  [RETIREMENT AGE, PENSION.] When any member of the 
association reaches the age of 55 years, he may retire and then 
shall receive a pension as long as he lives, at the following 
rates:  
    (a) When he has served as a member of the police department 
for a period of 20 years or more, excluding temporary employment 
or probationary periods.  Such retired member shall be paid each 
month a pension equal to one-half of his average monthly 
earnings during the last preceding three years of his service 
with said police department, plus an additional $3 per month for 
each year of service not to exceed 20 years.  
    (b) An additional $8 per month for each year of service 
over 20 that he has served as a member of such police department 
after the age of 55 years, not to exceed five years for purposes 
of pension computation, 
    (c) In the event he retires after reaching the age of 55 or 
more and after having been a member of the department for at 
least 15 years, but before having served 20 years in the 
department, the amount of pension which he received shall be 
that proportion of, pension equal to one-half of his average 
monthly earnings during the last preceding three years of his 
service with said police department, plus an additional $3 per 
month for each year of service.  Major fractions of years of 
service to be treated as one year and minor fractions 
disregarded, 
    (d) In no event shall temporary employment or employment 
for probationary period be considered in computing pension 
allowances hereunder, 
    (e) When a service pensioner or an active member of the 
police department who has 20 years or more of service, dies, 
leaving a surviving spouse or children, a pension shall be paid 
as follows:  
    1.  To the surviving spouse a pension of $375 a month for 
life, provided, however, that in the event of remarriage the 
pension shall cease as of the date of remarriage, 
    2.  To the child or children, if their surviving parent is 
living, a pension of $10 per month for each child not over 
sixteen years of age, provided, the total pension hereunder for 
surviving spouse and children of the deceased member, shall not 
exceed the sum of $395 per month, 
    3.  A child or children of a deceased member, or after the 
death or remarriage of their surviving parent, be entitled to 
receive a pension or pensions of $10 per month until they have 
reached the age of 16 years. 
    (f) The city council may, by resolution, increase the 
pension payable to a surviving spouse by an amount equal to any 
increase in the revised consumer price index for all urban 
consumers for the Minneapolis-St.Paul metropolitan area prepared 
by the United States Department of Labor, provided that no 
increase may exceed five percent a year. 
    Sec. 2.  [LOCAL APPROVAL.] 
    Section 1 is effective on approval by the Nashwauk city 
council and compliance with Minnesota Statutes, section 645.021. 
    Presented to the governor April 6, 1992 
    Signed by the governor April 8, 1992, 4:29 p.m.