Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 454-S.F.No. 2382 
           An act relating to retirement; providing for surviving 
          spouse benefits for the Minneapolis Police Relief 
          Association and the Minneapolis Fire Department Relief 
          Association; amending Laws 1949, chapter 406, section 
          6, subdivision 1, as amended; and Laws 1965, chapter 
          519, section 1, as amended. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Laws 1949, chapter 406, section 6, subdivision 
1, as amended by Laws 1953, chapter 127, section 6; Laws 1967, 
chapter 820, section 1; and Laws 1987, chapter 322, section 5, 
and chapter 372, article 2, section 4, is amended to read: 
    Subdivision 1.  [MINNEAPOLIS POLICE SURVIVOR BENEFITS; 
PERSONS TO WHOM GRANTED.] The association shall grant pensions 
or benefits payable from the police pension fund to any member 
or to any 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 surviving spouse, who was a legally married spouse, 
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 service 
or deferred pensioner, was legally married to the member at 
least one year before 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months after the decedent was withdrawn from the payroll, the 
surviving spouse and child, or children, shall be entitled to a 
pension, or pensions, as follows: 
    (a) To the surviving spouse of a deceased active member or 
disabilitant, a pension of 18 21 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 4.5 six units per month for life, 
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 21 units.  If the surviving spouse remarries the pension 
ceases as of the date of the remarriage. 
    (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 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 surviving spouse and 
children of a deceased member shall not exceed 32 35 units per 
month. 
    Sec. 2.  Laws 1965, chapter 519, section 1, as amended by 
Laws 1967, chapter 819, section 1; Laws 1969, chapter 123, 
section 1; Laws 1975, chapter 57, section 1; and Laws 1977, 
chapter 164, section 2, is amended to read: 
    Section 1.  [MINNEAPOLIS, CITY OF; FIREFIGHTER'S RELIEF 
ASSOCIATION; WIDOW'S SURVIVING SPOUSE'S ENTITLEMENT.] 
Notwithstanding the provisions of Minnesota Statutes 1965, 
Section 69.48, to the contrary, 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 
to him while or prior to the time he the decedent was on the 
payroll of the fire 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 
fire department; or 
    (2) A child or children who were living while the deceased 
was on the payroll of the fire department, or born within nine 
months after the decedent was withdrawn from the payroll of the 
fire department, the widow surviving spouse and the child or 
children shall be entitled to a pension or pensions, as follows: 
    (a) To the widow surviving spouse, a pension of not less 
than 17 units, and not to exceed the total of 21 22 units per 
month, as the bylaws of the association provide, for her natural 
life; provided, that if she the spouse shall remarry then the 
pension shall cease and terminate as of the date of her 
remarriage; provided, further, if her the remarriage terminates 
for any reason, she the surviving spouse shall again be entitled 
to a pension as the bylaws of the association provide; 
    (b) To the child or children, if their mother be other 
parent is living, a pension of not to exceed eight units per 
month for each child up to the time each child reaches the age 
of not less than 16 years and not to exceed an age of 18 years; 
provided, however, upon approval by the board of trustees, such 
a child who is a full-time student, upon proof of compliance 
with the provisions of this act, may be entitled to such pension 
so long as he the child is a full-time student and has not 
reached 22 years of age, all in conformity with the bylaws of 
the association; provided, further, the total pensions hereunder 
for the widow surviving spouse and children of the deceased 
member shall not exceed the sum of 40 41 units per month; 
    (c) A child or children of a deceased member after the 
death of their mother other parent, or in the event their mother 
other parent predeceases the member, be entitled to receive a 
pension or pensions in such amount as the board of trustees of 
the association shall deem necessary to properly support the 
child or children until they reach the age of not less than 16 
and not more than 18 years; provided, however, upon approval by 
the board of trustees, such a child who is a full-time student, 
upon proof of compliance with the provisions of this act, may be 
entitled to such pension so long as he the child is a full-time 
student and has not reached 22 years of age, as the bylaws of 
the association may provide; but the total amount of the pension 
or pensions hereunder for any child or children shall not exceed 
the sum of 40 41 units per month; 
    (d) For the purposes of this act, a full-time student is 
defined as an individual who is in full-time attendance as a 
student at an educational institution.  Whether or not the 
student was in full-time attendance would be determined by the 
board of trustees of the association in the light of the 
standards and practices of the school involved.  Specifically 
excluded is a person who is paid by his the person's employer 
while attending school at the request of his the person's 
employer.  Benefits may continue during any period of four 
calendar months or less in any 12 month period in which a person 
does not attend school if the person shows to the satisfaction 
of the board of trustees that he the person intends to continue 
in full-time school attendance immediately after the end of the 
period.  An educational institution is defined so as to permit 
the payment of benefits to students taking vocational or 
academic courses in all approved, accredited or licensed 
schools, colleges, and universities.  The board of trustees 
shall make the final determination of eligibility for benefits 
if any question arises concerning the approved status of the 
educational institution which the student attends or proposes to 
attend; 
    (e) In the event that a child who is receiving a pension as 
provided above shall marry before the age of 22 years, the 
pension shall cease as of the date of the marriage. 
    Sec. 3.  [TRANSITION PERIOD.] 
    The benefit increase provided under section 1 to surviving 
spouse shall be phased in according to the following schedule: 
                        Maximum Amount 
                        of Units Under 
             Year         Section 1 
             1992            19 
             1993            20 
             1994            21 
provided that the Minneapolis police relief association's 
percent of assets to actuarial accrued unfunded liability as of 
December 31 for the year indicated is at least the following: 
             1991            75.3 percent 
             1992            76.6 percent 
             1993            77.9 percent 
In the event the required funding of percent of assets to 
actuarial accrued unfunded liability is not met in a given year, 
the phased in benefit will not occur but will be phased in in 
subsequent years when the funding levels are met. 
    The benefit provided in section 2 to surviving spouses of 
the Minneapolis fire department relief association shall be paid 
beginning in 1993 only if on December 31, 1992, the relief 
association has assets of at least 64 percent of the actuarial 
accrued unfunded liability.  Provided, however, if the fund does 
not have the minimum required funding on December 31, 1992, the 
benefit will be phased in when the fund reaches 64 percent of 
the actuarial accrued unfunded liability. 
    Sec. 4.  [LOCAL APPROVAL.] 
    This law is effective upon approval by a majority of the 
Minneapolis City Council in accordance with Minnesota Statutes, 
section 645.021. 
    Presented to the governor April 10, 1992 
    Signed by the governor April 13, 1992, 1:57 p.m.