Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 124-H.F.No. 785 
           An act relating to retirement; survivor benefits 
          payable by the Minneapolis police relief association; 
          amending Minnesota Statutes 1992, section 353B.11, 
          subdivisions 4 and 5; and Laws 1992, chapters 454, 
          section 3; and 471, article 1, section 10, subdivision 
          1; repealing Laws 1992, chapter 454, section 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                ARTICLE 1 

            MINNEAPOLIS POLICE SURVIVOR BENEFIT MODIFICATION 
    Section 1.  Laws 1992, chapter 454, section 3, is amended 
to read: 
    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 
benefits will be phased in when the fund reaches 64 percent of 
the actuarial accrued unfunded liability. 
    Sec. 2.  Laws 1992, chapter 471, article 1, section 10, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ENTITLEMENT; BENEFIT AMOUNT.] (a) The 
surviving spouse of a deceased service pensioner, disability 
pensioner, deferred pensioner, superannuation pensioner, or 
active member, who was the legally married spouse of the 
decedent, residing with the decedent, and who was married while 
or before the time the decedent was on the payroll of the police 
department, and who, if the deceased member was a service or 
deferred pensioner, was legally married to the member for a 
period of at least one year before retirement from the police 
department, is entitled to a surviving spouse benefit.  The 
surviving spouse benefit is equal to 18 21 units per month if 
the person is the surviving spouse of a deceased active member 
or disabilitant.  The surviving spouse benefit is equal to 4.5 
six units per month, plus an additional nine-tenths of one unit 
for each year of service to the credit of the decedent in excess 
of five years, to a maximum of 18 21 units per month, if the 
person is the surviving spouse of a deceased service pensioner, 
deferred pensioner, or superannuation pensioner.  The surviving 
spouse benefit is payable for the life of the surviving spouse. 
    (b) A surviving child of a deceased service pensioner, 
disability pensioner, deferred pensioner, superannuation 
pensioner, or active member, who was living while the decedent 
was an active member of the police department or was born within 
nine months after the decedent terminated active service in the 
police department, is entitled to a surviving child benefit.  
The surviving child benefit is equal to six eight units per 
month if the person is the surviving child of a deceased active 
member or disabilitant.  The surviving child benefit is equal to 
1.5 2 units per month, plus an additional three-tenths 
four-tenths of one unit per month for each year of service to 
the credit of the decedent in excess of five years, to a maximum 
of six eight units, if the person is the surviving child of a 
deceased service pensioner, deferred pensioner, or 
superannuation pensioner.  The surviving child benefit is 
payable until the person attains age 18, or, if in full-time 
attendance during the normal school year, in a school approved 
by the board of directors, until the person receives a 
bachelor's degree or attains the age of 22 years, whichever 
occurs first.  In the event of the death of both parents leaving 
a surviving child or children entitled to a surviving child 
benefit as determined in this paragraph, the surviving child is, 
or the surviving children are, entitled to a surviving child 
benefit in such sums as determined by the board of directors to 
be necessary for the care and education of such surviving child 
or children, but not to exceed the family maximum benefit per 
month, to the children of any one family.  
    (c) The surviving spouse and surviving child benefits are 
subject to a family maximum benefit.  The family maximum benefit 
is 32 40 units per month. 
     Sec. 3.  [1993 BENEFITS.] 
    Notwithstanding section 1, the surviving spouse benefit 
under that section is equal to 20 units a month in 1993 and is 
equal to 21 units a month in 1994 and subsequent years. 
    Sec. 4.  [REPEALER.] 
    Laws 1992, chapter 454, section 1, is repealed. 
    Sec. 5.  [EFFECTIVE DATE.] 
    Sections 1 to 4 are effective on approval by the 
Minneapolis city council and compliance with Minnesota Statutes, 
section 645.021. 

                                ARTICLE 2 

                           CONFORMING CHANGES 
    Section 1.  Minnesota Statutes 1992, section 353B.11, 
subdivision 4, is amended to read: 
    Subd. 4.  [AMOUNT; SURVIVING CHILD BENEFIT.] (a) The 
surviving child benefit shall be eight percent of the salary 
base for the former members of the following consolidating 
relief associations:  
    (1) Fridley police pension association; 
    (2) Red Wing fire department relief association; 
    (3) Richfield police relief association; 
    (4) Rochester fire department relief association; 
    (5) Rochester police relief association; 
    (6) St. Cloud police relief association; 
    (7) St. Louis Park police relief association; 
    (8) South St. Paul firefighters relief association; 
    (9) Winona fire department relief association; and 
    (10) Winona police relief association. 
    (b) The surviving child benefit shall be $25 per month for 
the former members of the following consolidating relief 
associations:  
     (1) Anoka police relief association; 
     (2) Austin firefighters relief association; 
     (3) Austin police relief association; 
     (4) Faribault police benefit association; 
     (5) Hibbing firefighters relief association; 
     (6) Mankato police benefit association; 
     (7) South St. Paul police relief association; and 
     (8) Virginia fire department relief association. 
     (c) The surviving child benefit shall be ten percent of the 
salary base for the former members of the following 
consolidating relief associations:  
     (1) Albert Lea police relief association; 
     (2) Crookston police relief association; 
     (3) Duluth firefighters relief association; 
     (4) Duluth police pension association; 
     (5) Faribault fire department relief association; and 
     (6) Minneapolis fire department relief association.  
     (d) The surviving child benefit shall be five percent of 
the salary base for the former members of the following 
consolidating relief associations:  
     (1) Columbia Heights fire department relief association, 
paid division; 
     (2) St. Paul police relief association; and 
     (3) West St. Paul firefighters relief associations.  
     (e) The surviving child benefit shall be $15 per month for 
the former members of the following consolidating relief 
associations:  
     (1) Crookston fire department relief association; 
     (2) Hibbing police relief association; and 
     (3) West St. Paul police relief association. 
     (f) The surviving child benefit shall be 7.5 percent of the 
salary base for the former members of the following 
consolidating relief associations:  
    (1) Bloomington police relief association; and 
    (2) Crystal police relief association; and 
    (3) Minneapolis police relief association.  
    (g) The surviving child benefit shall be the following for 
the former members of the consolidating relief associations as 
indicated:  
    (1) ten percent of the salary base if a surviving spouse 
benefit is also payable, that amount between ten percent of the 
salary base and 50 percent of the salary base as determined by 
the executive director of the public employees retirement 
association, based on the financial circumstances and need of 
the surviving child or surviving children, applied in a uniform 
manner, reflective to the extent practicable or determinable to 
the past administrative practices of the board of the 
consolidating relief association before the effective date of 
the consolidation if there is a surviving spouse but no 
surviving spouse benefit is also payable on account of the 
remarriage of the surviving spouse, or 50 percent of the salary 
base, payable in equal shares for more than one surviving child, 
if there is no surviving spouse, Albert Lea firefighters relief 
association; 
    (2) four percent of the salary base, Brainerd police 
benefit association; 
    (3) $125 per month if a surviving spouse benefit is also 
payable or an amount equal to the surviving spouse benefit, 
payable in equal shares if there is more than one surviving 
child, if no surviving spouse benefit is payable, Buhl police 
relief association; 
    (4) $15 per month, Chisholm firefighters relief 
association; 
    (5) $125 per month, Chisholm police relief association; 
    (6) $50 per month, Columbia Heights police relief 
association; 
    (7) 6.25 percent of the salary base, Fairmont police 
benefit association; 
    (8) 12.5 percent of the service pension or disability 
benefit which the deceased member was receiving as of the date 
of death, or of the service pension which the deferred member 
would have been receiving if the service pension had commenced 
as of the date of death or of the service pension which the 
active member would have received based on the allowable service 
credit of the person as of the date of death if the person would 
have been eligible as of the date of death, Mankato fire 
department relief association; 
   (9) ten percent of the salary base if a surviving spouse 
benefit is also payable or an amount determined by the executive 
director of the public employees retirement association based on 
the financial circumstances and need of the surviving child or 
surviving children, applied in a uniform manner, and subject to 
the largest applicable amount surviving child benefit maximum if 
no surviving spouse benefit is also payable, Minneapolis police 
relief association; 
    (10) $25 per month if a surviving spouse benefit is also 
payable or an amount equal to the surviving spouse benefit, 
payable in equal shares if there is more than one surviving 
child, New Ulm police relief association; 
    (10) (11) in an amount determined by the executive director 
of the public employees retirement association based on the 
financial circumstances and need of the surviving child or 
surviving children, applied in a uniform manner, reflective to 
the extent practicable or determinable to the past 
administrative practices of the board of the consolidating 
relief association before the effective date of the 
consolidation and not more than the largest surviving child 
benefit amount prescribed for any other actual or potential 
consolidating relief association as provided in this section, 
Red Wing police relief association; 
    (11) (12) five percent of the salary base if a surviving 
spouse benefit is also payable or 15 percent of the salary base 
if no surviving spouse benefit is payable, Richfield fire 
department relief association; 
    (12) (13) 5.3334 percent of the salary base, St. Cloud fire 
department relief association; 
    (13) (14) five percent of the salary base if a surviving 
spouse benefit is also payable or 15 percent of the salary base 
if no surviving spouse benefit is also payable for the surviving 
child or children of a deceased active member, disabled member, 
or retired or deferred member with at least 20 years of active 
service, or the prorated portion of five percent of the salary 
base if a surviving spouse benefit is also payable or 15 percent 
of the salary base if no surviving spouse benefit is also 
payable that bears the same relationship to five or 15 percent 
that the deceased member's years of allowable service bear to 20 
years of allowable service for the surviving child or children 
of a deceased retired or deferred member with at least ten but 
less than 20 years of allowable service, St. Louis Park fire 
department relief association; 
    (14) (15) ten percent of the salary base, St. Paul fire 
department relief association; and 
    (15) (16) $50 per month, Virginia police relief association.
    Sec. 2.  Minnesota Statutes 1992, section 353B.11, 
subdivision 5, is amended to read: 
     Subd. 5.  [SURVIVOR BENEFIT MAXIMUM.] (a) No surviving 
children or surviving family maximum shall be applicable to 
former members of the following consolidating relief 
associations:  
     (1) Buhl police relief association; 
     (2) Chisholm firefighters relief association; 
     (3) Chisholm police relief association; 
     (4) Hibbing firefighters relief association; 
     (5) Mankato police benefit association; 
     (6) New Ulm police relief association; 
     (7) Red Wing fire department relief association; 
     (8) Red Wing police relief association; 
     (9) St. Paul police relief association; and 
     (10) South St. Paul police relief association.  
     (b) The surviving children maximum shall be 24 percent of 
the salary base, if a surviving spouse benefit is also payable 
or 48 percent of the salary base, if no surviving spouse benefit 
is also payable, for the former members of the following 
consolidating relief associations:  
      (1) Fridley police pension association; 
     (2) Richfield police relief association; 
     (3) Rochester fire department relief association; 
     (4) Rochester police relief association; 
     (5) Winona fire department relief association; and 
     (6) Winona police relief association.  
     (c) The surviving family maximum shall be 50 percent of the 
salary base for the former members of the following 
consolidating relief associations:  
     (1) Anoka police relief association; 
     (2) Austin firefighters relief association; 
     (3) Austin police relief association; 
     (4) Duluth firefighters relief association; 
     (5) Richfield fire department relief association; and 
     (6) St. Louis Park fire department relief association. 
     (d) The surviving family maximum shall be an amount equal 
to the service pension which a retiring member would have 
received based on 20 years of allowable service credit if the 
member had attained the age of at least 50 years in the case of 
an active member, or of the service pension which the deferred 
member would have been receiving if the service pension had 
commenced as of the date of death in the case of a deferred 
member, or of the service pension or disability benefit which 
the deceased member was receiving as of the date of death, for 
the former members of the following consolidating relief 
associations:  
     (1) Columbia Heights police relief association; 
     (2) Virginia fire department relief association; and 
     (3) Virginia police relief association. 
     (e) The surviving children maximum shall be 25 percent of 
the salary base, if a surviving spouse benefit is also payable 
or 50 percent of the salary base, if no surviving spouse benefit 
is also payable, for the former members of the following 
consolidating relief associations:  
     (1) Duluth police pension association; and 
     (2) Fairmont police benefit association.  
     (f) The surviving children maximum shall be 22.5 percent of 
the salary base, if a surviving spouse benefit is also payable 
or 45 percent of the salary base, if no surviving spouse benefit 
is also payable, for the former members of the following 
consolidating relief associations:  
      (1) Bloomington police relief association; and 
      (2) Crystal police relief association.  
      (g) The surviving children maximum shall be 16 percent of 
the salary base, if a surviving spouse benefit is also payable 
or 48 percent of the salary base, if no surviving spouse benefit 
is also payable, for the former members of the following 
consolidating relief associations:  
     (1) St. Cloud fire department relief association; and 
     (2) St. Cloud police relief association.  
     (h) The surviving children maximum shall be 20 percent of 
the salary base, if a surviving spouse benefit is also payable 
or 50 percent of the salary base, if no surviving spouse benefit 
is also payable, for the former members of the following 
consolidating relief associations:  
     (1) Albert Lea firefighters relief association; 
     (2) Albert Lea police relief association; and 
     (3) Faribault fire department relief association.  
     (i) The surviving family maximum shall be the following for 
the former members of the consolidating relief associations:  
     (1) $450 per month, Crookston police relief association; 
     (2) 80 percent of the service pension or disability benefit 
which the deceased member was receiving as of the date of death, 
or of the service pension which the deferred member would have 
been receiving if the service pension had commenced as of the 
date of death or of the service pension which the active member 
would have received based on the greater of the allowable 
service credit of the person as of the date of death or 20 years 
of allowable service credit if the person would have been 
eligible as of the date of death, Mankato fire department relief 
association; and 
     (3) 57.5 percent of the salary base, St. Paul fire 
department relief association.  
     (j) The surviving child maximum shall be the following for 
the former members of the consolidating relief associations:  
     (1) 20 percent of the top salary payable to a patrol 
officer, Brainerd police benefit association; 
     (2) ten percent of the salary base, if a surviving spouse 
benefit is also payable or 15 percent of the salary base, if no 
surviving spouse benefit is also payable, Columbia Heights fire 
department relief association, paid division; 
    (3) $105 per month if a surviving spouse benefit is also 
payable or $90 per month if no surviving spouse benefit is also 
payable, Crookston fire department relief association; 
    (4) $125 per month, Faribault police benefit association; 
    (5) $30 per month if a surviving spouse benefit is also 
payable or $180 per month if no surviving spouse benefit is also 
payable, Hibbing police relief association; 
    (6) 25 percent of the salary base, if a surviving spouse 
benefit is also payable or 51.25 percent of the salary base, if 
no surviving spouse benefit is also payable, Minneapolis fire 
department relief association; 
    (7) 17.5 percent of the salary base, if a surviving spouse 
benefit is also payable or 40 50 percent of the salary base, if 
no surviving spouse benefit is also payable, Minneapolis police 
relief association; 
    (8) 24 percent of the salary base, St. Louis Park police 
relief association; 
    (9) 23 percent of the salary base, if a surviving spouse 
benefit is also payable or 50 percent of the salary base, if no 
surviving spouse benefit is also payable, South St. Paul 
firefighters relief association; 
    (10) ten percent of the salary base, West St. Paul 
firefighters relief association; and 
    (11) $30 per month if a surviving spouse benefit is also 
payable or $75 per month if no surviving spouse benefit is also 
payable, West St. Paul police relief association. 
    Sec. 3.  [EFFECTIVE DATE.] 
    Sections 1 and 2 are effective on the effective date of 
article 1, section 2. 
    Presented to the governor May 10, 1993 
    Signed by the governor May 11, 1993, 5:55 p.m.