Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 563-S.F.No. 2750 
           An act relating to retirement; St. Paul fire 
          department and police relief associations; increasing 
          service pension amounts; limiting future benefit 
          reductions; amending Laws 1955, chapters 151, section 
          9, subdivisions 5, as amended, and 6, as amended; and 
          375, sections 21, as amended, and 22, as amended. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Laws 1955, chapter 151, section 9, subdivision 
5, as amended by Laws 1963, chapter 271, section 5, and Laws 
1971, chapter 549, section 3, is amended to read: 
    Subd. 5.  [ST. PAUL POLICE RELIEF ASSOCIATION: ADDITIONAL 
SERVICE PENSIONS.] (a) In addition to the pension of 40 units 
per month provided for in subdivision 4, the association shall 
pay a pension of one unit per month for each additional year of 
service over 20 years, provided, however that each member who 
retires from the service of the police department after June 1, 
1971 shall receive two units per month for each additional year 
of service over 20 years, but the total of these pension 
payments shall not exceed 50 units per month. 
    (b) Beginning with the first service pension payment made 
after the effective date of this section, a person who retired 
before June 1, 1971, and who did not receive the benefit 
increase provided by Laws 1971, chapter 549, section 3, is 
entitled to receive an additional one unit per month for each 
year of active service rendered by the person with over 20 years 
of service, but not to result in a service pension in total that 
exceeds 50 units per month. 
    Sec. 2.  Laws 1955, chapter 151, section 9, subdivision 6, 
as amended by Laws 1973, chapter 286, section 1, is amended to 
read: 
    Subd. 6.  [ST. PAUL, CITY OF; POLICE PENSIONS.] (a) The 
association shall pay to any member permanently disabled 
physically or mentally because of an injury received while on 
duty as a member of the city police department so as to render 
necessary his retirement from active police service, a pension 
of 40 units per month, if the date of the retirement was prior 
to January 1, 1949.  If the date of such retirement is 
subsequent to January 1, 1949, and occurs during the first 20 
years of his service, the association shall pay him a pension of 
40 units per month.  If such retirement occurs after 21 years of 
service, the association shall pay him a pension of one unit per 
month for each additional year of service over 20 years; 
provided, however, if the date of such retirement is subsequent 
to June 1, 1971, the association shall pay him a pension of two 
units per month for each year of service over 20 years, 
regardless of whether he has attained the age of 50 years; but 
the total of these pension payments shall not exceed 50 units 
per month. 
    (b) Beginning with the first disability benefit payment 
made after the effective date of this section, a person who was 
disabled before June 1, 1971, and who did not receive the 
benefit increase provided by Laws 1973, chapter 286, section 1, 
is entitled to receive an additional one unit per month for each 
year of active service rendered by the person with over 20 years 
of service, but not to result in a disability benefit in total 
that exceeds 50 units per month. 
    Sec. 3.  Laws 1955, chapter 375, section 21, as amended by 
Laws 1967, chapter 644, section 1, is amended to read: 
    Sec. 21.  [ST. PAUL, CITY OF; FIREMEN'S FIRE DEPARTMENT 
RELIEF ASSOCIATIONS ASSOCIATION; UNIT DEFINED; AMOUNT OF 
DISABILITY BENEFITS.] 
    Subdivision 1.  [DEFINITION OF UNIT.] A unit as referred to 
hereinafter in this act shall be one-eightieth of the 
maximum current monthly salary of a first grade fire fighter on 
February 1 of the current calendar year in which the pensions 
provided for in this act are paid. 
    Subd. 2.  [MAXIMUM DISABILITY BENEFITS.] A member of any 
such relief association is entitled to disability benefits as 
herein defined, shall receive the same from his association for 
such periods of time, at such times, and in such amounts, not to 
exceed 40 units per month, as the bylaws of said association 
provide. 
    Sec. 4.  Laws 1955, chapter 375, section 22, as amended by 
Laws 1973, chapter 287, section 1, is amended to read: 
    Sec. 22.  [SAINT PAUL, CITY OF; FIREMEN'S FIRE DEPARTMENT 
RELIEF ASSOCIATION; RETIREMENT BENEFITS SERVICE PENSIONS.] 
    Subdivision 1.  [PRIMARY SERVICE PENSION; GENERAL 
PROVISIONS.] A member of such association who has completed a 
period, or periods of service on the fire department equal to 20 
years or more, shall, after he has arrived at the age of 50 
years, or more, and has retired from the payroll of the fire 
department, be entitled to a basic pension of not less than 20 
units and not more than 33 units per month for his natural life 
in conformity to the by-laws bylaws of such association.  Any 
and all leaves of absence of more than 90 days, except such as 
are granted to a member because of his disability due to 
sickness or accident, shall be excluded in computing said period 
of service; and all periods of time during which a member 
received a disability pension shall be excluded in such 
computation.  No deduction shall be made for a leave of absence 
granted to a member to enable him to accept an appointive 
position in said fire department.  No member shall be entitled 
to draw both a disability and a service pension. 
    Such monthly basic payments may be increased by adding to 
said basic pension 1 unit per month, or any portion thereof, for 
each year of active duty over 20 and not more than 35 years.  
Provided further, however, that for a member who retires after 
July 1, 1973, such monthly basic payments may be increased by 
the addition of 2 units per month, or any portion thereof, for 
each year of active duty over 20 years. 
    The by-laws bylaws of such association may provide for 
these increases, or any portion thereof:  provided, that in no 
event the total pension exceed the sum of 40 units per month. 
    Subd. 2.  [INCREASE IN CERTAIN PRE-1973 PENSION 
AMOUNTS.] Beginning with the first service pension payment made 
after the effective date of this section, a person who retired 
before July 1, 1973, and who did not receive the benefit 
increase provided by Laws 1973, chapter 287, section 1, is 
entitled to receive an additional one unit per month for each 
year of active service rendered by the person over 20 years of 
service, but not to exceed 35 years of service, and not to 
result in a service pension in total that exceeds 40 units per 
month. 
    Sec. 5.  [LIMITATION ON POSTRETIREMENT BENEFIT REDUCTIONS.] 
    A monthly service pension or retirement benefit payment 
from the St. Paul fire department relief association or the St. 
Paul police relief association may not be reduced in amount to 
an amount that is less than that received by the person for the 
immediately previous month.  This limitation may not be 
construed to limit the power of the board of trustees of the 
relief association to require proof of continuing eligibility 
for receipt of a disability benefit or a survivor benefit, or to 
require the reduction in amount or elimination of a disability 
benefit in the event of changed medical circumstances, or to 
require the reduction in amount or elimination of a survivor 
benefit in the event of changes in eligibility. 
    Sec. 6.  [EFFECTIVE DATE.] 
    Sections 1, 2, 3, and 4 are effective upon approval by the 
city council of the city of St. Paul and compliance with 
Minnesota Statutes, section 645.021.  Section 5 is effective 
December 31, 1993, and upon approval by the city council of the 
city of St. Paul and compliance with Minnesota Statutes, section 
645.021. 
    Presented to the governor April 17, 1992 
    Signed by the governor April 27, 1992, 2:07 p.m.