Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 202-S.F.No. 937 
           An act relating to retirement; benefit computation for 
          members of the Bloomington police relief association; 
          providing omitted service credit for certain Eveleth 
          school district employees; amending Minnesota Statutes 
          1992, sections 353B.07, subdivision 3; 353B.08, 
          subdivision 6; and 353B.11, subdivisions 2, 3, 5, and 
          6.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                ARTICLE 1 

             BLOOMINGTON POLICE BENEFIT COMPUTATION CHANGES
    Section 1.  [BLOOMINGTON POLICE SERVICE PENSIONS.] 
    Notwithstanding Minnesota Statutes, section 423.809, 
subdivision 1, or any other law to the contrary, the Bloomington 
police relief association shall grant pensions payable from the 
police pension fund in monthly installments, in the manner and 
for the following purposes:  
    (a) Any member of the age of 50 years or older, who has 
performed duty as a member of the police department of the city 
for 20 years or more, and who terminated active service as a 
Bloomington police officer before January 31, 1994, shall be 
paid monthly during the retiring member's lifetime a service 
pension equal to 38 units plus an additional one unit for each 
year of service in excess of 20 years, but not to exceed 45 
units, except for members who retire after January 31, 1994, who 
must be paid monthly during the retiring members' lifetime a 
pension equal to 35 units, plus an additional one unit for each 
year of service in excess of 20 years, but not to exceed 42 
units.  
    (b) Any member who performed duty as a member of the police 
department of the city for 20 years or more who retired from 
duty before attaining the age of 50 years, upon written 
application after reaching the age of 50 years shall be paid 
monthly during the retiring member's lifetime a pension equal to 
38 units plus an additional one unit for each year of service in 
excess of 20 years, but not to exceed 45 units, except for 
members who retire after January 31, 1994, before attaining the 
age of 50 years, who must be paid monthly during the retiring 
member's lifetime a pension equal to 35 units plus an additional 
one unit for each year of service in excess of 20 years, but not 
to exceed 42 units.  
     (c) A member receiving a disability benefit as of January 
31, 1994, is entitled to receive a monthly benefit during the 
disabilitant's lifetime while so disabled equal to 39 units. 
    Sec. 2.  [SURVIVOR BENEFITS.] 
    Notwithstanding Minnesota Statutes, section 423.810, 
subdivision 1, or any other law to the contrary, when a service 
pensioner, disability pensioner, or deferred pensioner, or an 
active member of a relief association dies, leaving a surviving 
spouse, one or more surviving children, or both, the surviving 
spouse and child, or children, shall be entitled to a pension, 
or pensions, from the relief association as follows:  
    (a) To the surviving spouse, a monthly pension of 20-1/2 
units or one-half of the units per month to which the member was 
entitled, whichever is greater, for life.  
    (b) To each surviving child, a monthly pension of six units 
until the child reaches the age of 18 years or the age of 22 
years if the surviving child is a full-time student.  
    (c) The total pensions for the surviving spouse and 
children of a deceased member shall not exceed 45 units per 
month.  
    "Surviving spouse" means a person who was the member's 
legally married spouse, residing with the member, and who was 
married during or prior to the time the member 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 the member's retirement 
from the police department.  "Surviving child" means any child 
of the deceased member who was living while the deceased member 
was on the payroll of the police department or was born within 
ten months after the deceased member was withdrawn from the 
payroll of the police department and who has not attained the 
age of 18 years, provided, however, that the fund may continue 
to pay the benefit up to age 22 if the surviving child is a 
full-time student.  
    Sec. 3.  [EFFECTIVE DATE.] 
    Sections 1 and 2 are effective upon an affirmative vote by 
the Bloomington police relief association to consolidate with 
the public employees retirement association under Minnesota 
Statutes, section 353A.04, and on approval of sections 1 and 2 
by the Bloomington city council and compliance with Minnesota 
Statutes, section 645.021. 

                                ARTICLE 2 

                           CONFORMING CHANGES 
    Section 1.  Minnesota Statutes 1992, section 353B.07, 
subdivision 3, is amended to read: 
    Subd. 3.  [FORMULA PERCENTAGE RATE.] (a) The formula 
percentage rate shall be 2.333 percent per year of allowable 
service for each of the first 20 years of allowable service, 
1.333 percent per year of allowable service for each year of 
allowable service in excess of 20 years but not in excess of 27 
years, and .5 percent for each year of allowable service in 
excess of 25 years for the former members of the following 
consolidating relief associations: 
    (1) Rochester fire department relief association; 
    (2) Rochester police relief association; 
    (3) St. Cloud fire department relief association; 
    (4) St. Cloud police relief association; 
    (5) St. Louis Park police relief association; and 
    (6) Winona police relief association. 
    (b) The formula percentage rate shall be 2.5 percent per 
year of allowable service for each of the first 20 years of 
allowable service for the former members of the following 
consolidating relief associations: 
    (1) Albert Lea police relief association; 
    (2) Anoka police relief association; 
    (3) Faribault fire department relief association; 
    (4) Faribault police benefit association; 
    (5) Mankato police benefit association; 
    (6) Red Wing police relief association; and 
    (7) West St. Paul police relief association.  
    (c) The formula percentage rate shall be 2.5 percent per 
year of allowable service for each of the first 20 years of 
allowable service and .5 percent per year of allowable service 
for each year of service in excess of 25 years of allowable 
service for the former members of the following consolidating 
relief associations:  
    (1) Austin firefighters relief association; 
    (2) Austin police relief association; 
    (3) South St. Paul firefighters relief association; 
    (4) South St. Paul police relief association; and 
    (5) Virginia police relief association. 
    (d) The formula percentage rate shall be 2.1875 percent per 
year of allowable service for each of the first 20 years of 
allowable service and 1.25 percent per year of allowable service 
for each year of allowable service in excess of 20 years of 
allowable service but not in excess of 27 years of allowable 
service for the former members of the following consolidating 
relief associations: 
    (1) Bloomington police relief associations; and 
    (2) Columbia Heights police relief association.  
    (e) The formula percentage rate shall be 2.65 percent per 
year of allowable service for each of the first 20 years of 
allowable service and an additional annual benefit of $120 per 
year of allowable service in excess of 20 years of allowable 
service but not in excess of 25 years of allowable service for 
the former members of the following consolidating relief 
associations:  
    (1) Hibbing firefighters relief association; and 
    (2) Hibbing police relief association. 
    (f) The formula percentage rate or rates shall be the 
following for the former members of the consolidating relief 
associations as indicated: 
    (1) 2.5 percent per year of allowable service for each of 
the first 20 years of allowable service, one percent per year of 
allowable service in excess of 20 years of allowable service but 
not more than 25 years of allowable service, and 1.5 percent per 
year of allowable service in excess of 25 years of allowable 
service, Albert Lea firefighters relief association; 
    (2) 2.5333 percent per year of allowable service for each 
of the first 20 years of allowable service and 1.3333 percent 
per year of allowable service in excess of 20 years of allowable 
service, but not in excess of 27 years of allowable service, if 
service as an active member terminated before January 31, 1994, 
and 2.3333 percent per year of allowable service for each of the 
first 20 years of allowable service and 1.3333 percent per year 
of allowable service for each year of allowable service in 
excess of 20 years of allowable service, but not in excess of 27 
years of allowable service if service as an active member 
terminated on or after January 31, 1994, Bloomington police 
relief association; 
    (3) the greater of 2.5 percent per year of allowable 
service for each of the first 20 years of allowable service 
applied to the final salary base, or two percent per year of 
allowable service for each of the first 20 years of allowable 
service applied to top grade patrol officer's salary base, 
Brainerd police relief association; 
    (3) (4) 4.25 percent per year of allowable service for each 
of the first 20 years of allowable service and an additional 
benefit of $10 per month per year of allowable service in excess 
of 20 years of allowable service but not more than 25 years of 
allowable service, Buhl police relief association; 
    (4) (5) 2.5 percent per year of allowable service for each 
of the first 20 years of allowable service and an additional 
benefit of $5 per month per year of allowable service in excess 
of 20 years of allowable service but not more than 25 years of 
allowable service, Chisholm firefighters relief association; 
    (5) (6) 2.5 percent per year of allowable service for each 
of the first 20 years of allowable service and an additional 
benefit of $5 per month per year of allowable service in excess 
of 20 years of allowable service but not more than 25 years of 
allowable service and .5 percent per year of allowable service 
in excess of 25 years of allowable service, Chisholm police 
relief association; 
    (6) (7) 2.1875 percent per year of allowable service for 
each year of the first 20 years of allowable service, 1.25 
percent per year of allowable service in excess of 20 years of 
allowable service but not more than 25 years of allowable 
service and 1.75 percent per year of allowable service in excess 
of 25 years of allowable service, Columbia Heights fire 
department relief association, paid division; 
    (7) (8) 2.5 percent per year of allowable service for each 
year of the first 20 years of allowable service and 1.5 percent 
per year of allowable service rendered after attaining the age 
of 60 years, Crookston fire department relief association; 
    (8) (9) 2.5 percent per year of allowable service for each 
year of the first 30 years of allowable service, Crookston 
police relief association; 
    (9) (10) 2.25 percent per year of allowable service for 
each year of the first 20 years of allowable service and 1.25 
percent per year of allowable service in excess of 20 years of 
allowable service, but not more than 27 years of service, 
Crystal police relief association; 
    (10) (11) 1.99063 percent per year of allowable service for 
each year of the first 20 years of allowable service, 1.25 
percent for the 21st year of allowable service, and 2.5 percent 
per year of allowable service in excess of 21 years of allowable 
service but not more than 25 years of allowable service, Duluth 
firefighters relief association; 
    (11) (12) 1.9875 percent per year of allowable service for 
each year of the first 20 years of allowable service, 1.25 
percent for the 21st year of allowable service, and 2.5 percent 
per year of allowable service in excess of 21 years of allowable 
service but not more than 25 years of allowable service, Duluth 
police relief association; 
    (12) (13) 2.5 percent per year of allowable service for 
each year of the first 20 years of allowable service, and two 
percent per year of allowable service in excess of 20 years but 
not more than 25 years of allowable service and not to include 
any year of allowable service rendered after attaining the age 
of 55 years, Fairmont police benefit association; 
    (13) (14) two percent per year of allowable service for 
each year of the first ten years of allowable service, 2.67 
percent per year of allowable service in excess of ten years of 
allowable service but not more than 20 years of allowable 
service and 1.3333 percent per year of allowable service in 
excess of 20 years of service but not more than 27 years of 
allowable service, Fridley police pension association; 
    (14) (15) 2.5 percent per year of allowable service for 
each year of the first 20 years of allowable service and an 
additional annual amount of $30 per year of allowable service in 
excess of 20 years of allowable service but not more than 30 
years of allowable service, Mankato fire department relief 
association; 
    (15) (16) 2.0625 percent per year of allowable service for 
each year of the first 20 years of allowable service, 1.25 
percent per year of allowable service in excess of 20 years of 
allowable service but not more than 24 years of allowable 
service and five percent for the 25th year of allowable service, 
Minneapolis fire department relief association; 
    (16) (17) 2.125 percent per year of allowable service for 
each year of the first 20 years of allowable service, 1.25 
percent per year of allowable service in excess of 20 years of 
allowable service but not more than 24 years of allowable 
service, and five percent for the 25th year of allowable 
service, Minneapolis police relief association; 
    (17) (18) the greater of 2.5 percent per year of allowable 
service for each of the first 20 years of allowable service 
applied to the final salary base, or two percent per year of 
allowable service for each of the first 20 years of allowable 
service applied to highest patrol officer's salary base plus .5 
percent of the final salary base per year of allowable service 
for each of the first three years of allowable service in excess 
of 20 years of allowable service, New Ulm police relief 
association; 
    (18) (19) two percent per year of allowable service for 
each of the first 25 years of allowable service and 1.5 percent 
per year of allowable service in excess of 25 years of allowable 
service, Red Wing fire department relief association; 
    (19) (20) 2.55 percent per year of allowable service for 
each of the first 20 years of allowable service, Richfield fire 
department relief association; 
    (20) (21) 2.4 percent per year of allowable service for 
each of the first 20 years of allowable service and 1.3333 
percent per year of allowable service in excess of 20 years of 
allowable service but not more than 27 years of allowable 
service, Richfield police relief association; 
    (21) (22) for a former member with less than 20 years of 
allowable service on June 16, 1985, 2.6 percent, and for a 
former member with 20 or more years of allowable service on June 
16, 1985, 2.6175 percent for each of the first 20 years of 
allowable service and, for each former member, one percent for 
each year of allowable service in excess of 20 years, but no 
more than 30 years, St. Louis Park fire department relief 
association; 
    (22) (23) 1.9375 percent per year of allowable service for 
each of the first 20 years of allowable service, 2.25 percent 
per year of allowable service in excess of 20 years of allowable 
service but not more than 25 years of allowable service, and .5 
percent per year of allowable service in excess of 25 years of 
allowable service, St. Paul fire department relief association; 
    (23) (24) two percent per year of allowable service for 
each of the first 25 years of allowable service and .5 percent 
per year of allowable service in excess of 25 years of allowable 
service, St. Paul police relief association; 
    (24) (25) 2.25 percent per year of allowable service for 
each of the first 20 years of allowable service and one percent 
per year of allowable service in excess of 20 years but not more 
than 25 years of allowable service and .5 percent per year of 
allowable service in excess of 25 years, Virginia fire 
department relief association; 
    (25) (26) two percent per year of allowable service for 
each of the first 20 years of allowable service, one percent per 
year of allowable service in excess of 20 years but not more 
than 24 years of allowable service, three percent for the 25th 
year of allowable service and one percent per year of allowable 
service in excess of 25 years of allowable service but not more 
than 30 years of allowable service, West St. Paul firefighters 
relief association; and 
    (26) (27) 2.333 percent for each of the first 20 years of 
allowable service, 1.333 percent for each year of allowable 
service in excess of 20 years but no more than 28 years, and .5 
percent for each year of allowable service in excess of 25 
years, Winona fire department relief association. 
     Sec. 2.  Minnesota Statutes 1992, section 353B.08, 
subdivision 6, is amended to read: 
    Subd. 6.  [DUTY DISABILITY BENEFIT AMOUNT.] (a) The duty 
disability benefit shall be an amount equal to the service 
pension amount to which the person would have been entitled if 
the person had credit for the greater of actual years of 
allowable service or 20 years of allowable service, had attained 
the minimum age for the receipt of a service pension, and had 
applied for a service pension rather than a disability benefit 
for the former members of the following consolidating relief 
associations: 
    (1) Albert Lea firefighters relief association; 
    (2) Albert Lea police relief association; 
    (3) Anoka police relief association; 
    (4) Austin police relief association; 
    (5) Buhl police relief association; 
     (6) Chisholm police relief association; 
     (7) Duluth police relief association; 
     (8) Faribault fire department relief association; 
     (9) Mankato police benefit association; 
     (10) Minneapolis police relief association; 
     (11) New Ulm police relief association; 
     (12) Red Wing police relief association; 
     (13) St. Paul police relief association; 
     (14) South St. Paul police relief association; and 
     (15) Virginia police relief association. 
     (b) The duty disability benefit shall be an amount equal to 
48 percent of the salary base 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) St. Cloud fire department relief association; 
     (6) St. Cloud police relief association; 
     (7) St. Louis Park police relief association; and 
     (8) Winona police relief association. 
     (c) The duty disability benefit shall be an amount equal to 
50 percent of the salary base for the former members of the 
following consolidating relief associations: 
    (1) Austin firefighters relief association; 
    (2) Crookston fire department relief association; 
    (3) Fairmont police benefit association; 
    (4) Mankato fire department relief association; 
    (5) Richfield fire department relief association; 
    (6) South St. Paul firefighters relief association; and 
    (7) Virginia fire department relief association.  
    (d) The duty disability benefit shall be an amount equal to 
45 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. 
    (e) The duty disability benefit shall be an amount equal to 
40 percent of the salary base for the former members of the 
following consolidating relief associations: 
    (1) West St. Paul firefighters relief association; and 
    (2) West St. Paul police relief association.  
    (f) The duty disability benefit shall be the following for 
the former members of the consolidating relief associations as 
indicated: 
    (1) 52 percent of the salary base for former members who 
were disabled before January 31, 1994, and 48 percent of the 
salary base for former members who become disabled after January 
31, 1994, Bloomington police relief association; 
    (2) 40 percent of the top salary for a patrol officer, 
Brainerd police relief association; 
    (2) (3) $100 per month, Chisholm firefighters relief 
association; 
    (3) (4) 37.5 percent of the salary base if the person has 
credit for less than ten years of allowable service, 43.75 
percent of the salary base if the person has credit for more 
than nine years but less than 15 years of allowable service and 
50 percent of the salary base if the person has credit for more 
than 14 years of allowable service credit, Columbia Heights fire 
department relief association, paid division; 
    (4) (5) 43.75 percent of the salary base, Columbia Heights 
police relief association; 
    (5) (6) 25 percent of the salary base if the person has 
credit for less than 12 years of allowable service and an 
additional amount equal to 2.5 percent of the salary base per 
year if allowable service for each year of allowable service in 
excess of 11 years of allowable service, not more than 50 
percent, Crookston police relief association; 
    (6) (7) 51.0625 percent of the salary base, Duluth 
firefighters relief association; 
    (7) (8) 12.5 percent of the salary base if the person has 
credit for less than six years of allowable service, 2.5 percent 
of the salary base per year of allowable service if the person 
has more than five years of allowable service, but not more than 
50 percent of the salary base, Faribault police benefit 
association; 
    (8) (9) the dollar amount which equals the benefit which 
would be payable under chapter 176 for a comparable benefit 
which qualifies for a workers' compensation benefit for a first 
class disability, 75 percent of the amount payable in the event 
of a first class disability for a second class disability and 50 
percent of the amount payable in the event of a first class 
disability for a third class disability, Hibbing firefighters 
relief association; 
    (9) (10) $120 per month, Hibbing police relief association; 
    (10) (11) 51.25 percent of the salary base for a first 
class disability, 41.25 percent of the salary base for a second 
class disability, and 31.25 percent of the salary base for a 
third class disability, Minneapolis fire department relief 
association; 
    (11) (12) 40 percent of the salary base if the person has 
credit for less than 20 years of allowable service and two 
percent of the salary base per year of allowable service if the 
person has more than 19 years of allowable service, but not more 
than 50 percent, Red Wing fire department relief association; 
    (12) (13) 50 percent of the salary base if the person has 
credit for less than 20 years of allowable service and an amount 
equal to the service pension amount to which the person would 
have been entitled based on the applicable amount of allowable 
service if the person had attained the minimum age for the 
receipt of a service pension and had applied for a service 
pension rather than a disability benefit and if the person has 
credit for at least 20 years of allowable service, St. Louis 
Park fire department relief association; 
    (13) (14) 50 percent of the salary base if the person is 
not able to perform the duties of any other gainful employment, 
39.375 percent of the salary base if the person is only able to 
perform the duties of light manual labor or office employment 
and 33.75 percent of the salary base if the person is able to 
perform the duties of other manual labor, St. Paul fire 
department relief association; and 
    (14) (15) 42.667 percent of the salary base, Winona fire 
department relief association. 
    Sec. 3.  Minnesota Statutes 1992, section 353B.11, 
subdivision 2, is amended to read: 
    Subd. 2.  [ELIGIBILITY; SURVIVING CHILD BENEFIT.] (a) 
Except as specified in paragraph (b), (c), (d), (e), (f), or 
(g), the person who survives a deceased active, deferred, or 
retired member, who is the child of the deceased member and who 
is younger than age 18 at the time of the death of the deceased 
member shall be entitled to receive a surviving child benefit.  
    (b) The person who survives a deceased active, deferred, or 
retired member, who is the child of the deceased member, and who 
is younger than age 18 if the person is not a full-time student 
or age 22 if the person is a full-time student shall be entitled 
to receive a surviving child benefit in the case of former 
members of the following consolidating relief associations:  
    (1) Bloomington police relief association; 
    (2) Buhl police relief association; 
    (2) (3) Columbia Heights fire department relief 
association, paid division; 
    (3) (4) Duluth firefighters relief association; 
    (4) (5) Duluth police pension association; 
    (5) (6) Minneapolis fire department relief association; 
    (6) (7) Minneapolis police relief association; and 
    (7) (8) St. Paul fire department relief association.  
    (c) The person who survives a deceased active, deferred, or 
retired member, who is the child of the deceased member and who 
is younger than age 16 shall be entitled to receive a surviving 
child benefit in the case of former members of the following 
consolidating relief associations:  
      (1) Chisholm police relief association; and 
      (2) Hibbing police relief association.  
      (d) The person who survives a deceased active, deferred, or 
retired member, who is the child of the deceased member and who 
is younger than age 19 shall be entitled to receive a surviving 
child benefit in the case of former members of the Albert Lea 
firefighters relief association.  
     (e) The person who survives a deceased active, deferred, or 
retired member, who is the child of the deceased member and who 
is younger than age 18 if the person is not a full-time student 
or age 21 if the person is a full-time student shall be entitled 
to receive a surviving child benefit in the case of former 
members of the Crookston police relief association.  
     (f) The person who survives a deceased active, deferred, or 
retired member, who is the child of the deceased member, who was 
dependent on the deceased member and who is younger than age 18 
shall be entitled to receive a surviving child benefit in the 
case of former members of the Red Wing police relief association.
      (g) The person who survives a deceased active, deferred, or 
retired member, who is the child of the deceased member and who 
is younger than age 18 if the person is not a full-time student 
or age 23 if the person is a full-time student shall be entitled 
to receive a surviving child benefit in the case of former 
members of the St. Paul police relief association.  
    Sec. 4.  Minnesota Statutes 1992, section 353B.11, 
subdivision 3, is amended to read: 
    Subd. 3.  [AMOUNT; SURVIVING SPOUSE BENEFIT.] (a) The 
surviving spouse benefit shall be 30 percent of the salary base 
for the former members of the following consolidating relief 
associations:  
    (1) Albert Lea firefighters relief association; 
    (2) Albert Lea police relief association; 
    (3) Anoka police relief association; 
    (4) Austin firefighters relief association; 
    (5) Austin police relief association; 
    (6) Brainerd police benefit association; 
    (7) Crookston police relief association; 
    (8) Faribault fire department relief association; and 
    (9) West St. Paul firefighters relief association.  
    (b) The surviving spouse benefit shall be 25 percent of the 
salary base for the former members of the following 
consolidating relief associations:  
    (1) Chisholm police relief association; 
    (2) Duluth firefighters relief association; 
    (3) Duluth police pension association; 
    (4) Fairmont police benefit association; 
    (5) Red Wing fire department relief association; 
    (6) South St. Paul police relief association; and 
    (7) West St. Paul police relief association. 
    (c) The surviving spouse benefit shall be 24 percent of the 
salary base 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. 
     (d) The surviving spouse benefit shall be 40 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) New Ulm police relief association; and 
     (3) Richfield fire department relief association.  
     (e) The surviving spouse benefit shall be $250 per month 
for the former members of the following consolidating relief 
associations: 
     (1) Hibbing firefighters relief association; and 
     (2) Hibbing police relief association. 
     (f) The surviving spouse benefit shall be 23.75 percent of 
the salary base for the former members of the following 
consolidating relief associations: 
    (1) Crystal police relief associations; and 
    (2) Minneapolis police relief association.  
    (g) The surviving spouse benefit shall be 32 percent of the 
salary base 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 spouse benefit shall be one-half 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, for the former members of the following consolidating 
relief associations: 
    (1) Virginia fire department relief association; and 
    (2) Virginia police relief association. 
    (i) The surviving spouse benefit shall be the following for 
the former members of the consolidating relief associations as 
indicated: 
    (1) 25.625 27.333 percent of the salary base, or one half 
of the service pension payable to or accrued by the deceased 
former member, whichever is greater, Bloomington police relief 
association; 
    (2) 72.25 percent of the salary base, Buhl police relief 
association; 
    (3) 50 percent of the service pension which the active 
member would have received based on allowable service credit to 
the date of death and prospective service from the date of death 
until the date on which the person would have attained the 
normal retirement age, 50 percent 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 $175 per month 
if the deceased member was receiving a service pension or 
disability benefit as of the date of death, Chisholm 
firefighters relief association; 
     (4) two-thirds 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, Columbia Heights police relief 
association; 
     (5) the greater of $300 per month or one-half 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, Crookston fire department relief association; 
     (6) $100 per month, Faribault police benefit association; 
     (7) 60 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; 
     (8) $175 per month, Mankato police benefit association; 
     (9) 26.25 percent of the salary base, Minneapolis fire 
department relief association; 
     (10) equal to 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, Red Wing police relief 
association; 
     (11) 40 percent of the salary base for a surviving spouse 
of a deceased active member, disabled member, or retired or 
deferred member with at least 20 years of allowable service, or 
the prorated portion of 40 percent of the salary base that bears 
the same relationship to 40 percent that the deceased member's 
years of allowable service bear to 20 years of allowable service 
for the surviving spouse 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; 
     (12) 26.6667 percent of the salary base, St. Louis Park 
police relief association; 
     (13) 27.5 percent of the salary base, St. Paul fire 
department relief association; 
     (14) 20 percent of the salary base, St. Paul police relief 
association; and 
     (15) 27 percent of the salary base, South St. Paul 
firefighters relief association. 
    Sec. 5.  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) 60 percent of the salary base, Bloomington police 
relief association; 
    (2) $450 per month, Crookston police relief association; 
    (2) (3) 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) (4) 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 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. 6.  Minnesota Statutes 1992, section 353B.11, 
subdivision 6, is amended to read: 
    Subd. 6.  [DISCONTINUATION; SURVIVING SPOUSE BENEFIT.] (a) 
Except as specified in paragraph (b) or (c), a surviving spouse 
benefit shall terminate upon the death or the subsequent 
marriage of the person entitled to receive or receiving a 
surviving spouse benefit.  
    (b) A surviving spouse benefit shall terminate upon the 
subsequent marriage of the person entitled to receive or 
receiving a surviving spouse benefit but shall recommence at the 
appropriate amount without any retroactive payments in the event 
of the termination of the subsequent marriage for any reason for 
the former members of the following consolidating relief 
associations:  
    (1) Albert Lea firefighters relief association; 
    (2) Albert Lea police relief association; 
    (3) Duluth firefighters relief association; 
    (4) Minneapolis fire department relief association; 
    (5) St. Paul fire department relief association; and 
    (6) St. Paul police relief association.  
    (c) A surviving spouse benefit shall terminate only upon 
the death of the person entitled to receive or receiving a 
surviving spouse benefit for the former members of the following 
consolidating relief associations:  
    (1) Anoka police relief association; 
    (2) Bloomington police relief association; 
    (3) Buhl police relief association; 
    (3) (4) Chisholm fire department relief association; 
    (4) (5) Chisholm police relief association; 
    (5) (6) Crookston fire department relief association; 
    (6) (7) Duluth police relief association; 
    (7) (8) Faribault fire department relief association; 
    (8) (9) Hibbing firefighters relief association; 
    (9) (10) Hibbing police relief association; 
    (10) (11) Mankato fire department relief association; 
    (11) (12) Red Wing fire department relief association; 
    (12) (13) Red Wing police relief association; 
    (13) (14) Rochester fire department relief association; 
    (14) (15) Rochester police relief association; 
    (15) (16) St. Cloud fire department relief association; 
    (16) (17) St. Louis Park fire department relief 
association; 
    (17) (18) St. Louis Park police relief association; 
    (18) (19) South St. Paul firefighters relief association; 
    (19) (20) South St. Paul police relief association; 
    (20) (21) West St. Paul firefighters relief association; 
    (21) (22) Winona fire department relief association; and 
    (22) (23) Winona police relief association. 
    Sec. 7.  [EFFECTIVE DATE.] 
    Sections 1 to 6 are effective upon the effective date of 
article 1, section 3. 

                                ARTICLE 3
    Section 1.  [OMITTED SERVICE CREDIT.] 
    Subdivision 1.  [ELIGIBILITY.] Notwithstanding Minnesota 
Statutes, section 353.27, subdivision 12, an employee of 
independent school district No. 697 (Eveleth) who first became a 
public employees retirement association covered employee with 
the district in November 1983, but for whom no retirement 
deductions were made in December 1983, shall receive service 
credit in the public employees retirement association 
coordinated plan for the omitted period upon payment of the 
amounts specified in this section. 
    Subd. 2.  [PURCHASE PAYMENT AMOUNT.] (a) To purchase credit 
for prior eligible service under subdivision 1, there must be 
paid to the public employees retirement association an amount 
equal to the present value on the date of payment, of the amount 
of the additional retirement annuity obtained by purchase of the 
additional service credit. 
    (b) Calculation of this amount must be made by the 
executive director of the public employees retirement 
association using the applicable preretirement interest rate 
specified in Minnesota Statutes, section 356.215, subdivision 
4d, and the mortality table adopted for the coordinated program 
of the retirement association.  The calculation must assume 
continuous future service in the association until, and 
retirement at, the age at which the minimum requirements of the 
retirement association for normal retirement or retirement with 
an annuity unreduced for retirement at an early age, including 
Minnesota Statutes, section 356.30, are met with the additional 
service credit purchased.  The calculation must also assume a 
future salary history that includes annual salary increases at 
the salary increase rate specified in Minnesota Statutes, 
section 356.215, subdivision 4d. 
    (c) The eligible person must establish in the records of 
the association proof of the service for which the purchase of 
prior service is requested.  The manner of the proof of service 
must be in accordance with procedures prescribed by the 
executive director of the retirement association. 
    (d) The portion of the total cost of the purchase payable 
by the eligible person is specified in subdivision 3.  The 
remaining portion of total cost is to be paid by the applicable 
employing unit as specified in subdivision 4. 
    Subd. 3.  [ELIGIBLE PERSON PAYMENT.] (a) To receive credit 
for the period of service credit purchase specified in 
subdivision 1, the eligible person specified in subdivision 1 
must pay a member contribution equivalent amount. 
    (b) The member contribution equivalent amount is an amount 
equal to four percent of salary during the period for service 
credit purchase, plus six percent annually compounded interest 
from the date on which a member contribution should have been 
made to the date on which payment is made.  Payment must be made 
in a lump sum.  Authority to make the member contribution 
equivalent amount expires one year after the effective date of 
this section. 
    Subd. 4.  [MANDATORY EMPLOYING UNIT PAYMENT.] (a) Within 60 
days of the receipt by the executive director of the public 
employees retirement association of the payment from the 
eligible person under subdivision 1, the governmental unit 
employing the eligible person described in subdivision 1 during 
December, 1983, shall pay the difference between the amounts 
specified in subdivisions 2 and 3. 
    (b) The mandatory employing unit payment amount is payable 
by the governmental unit in a lump sum. 
    Subd. 5.  [SERVICE CREDIT GRANT.] Service credit for the 
purchase period must be granted to the account of the eligible 
person upon receipt of the purchase payment amount specified in 
subdivision 2. 
    Subd. 6.  [LOCAL APPROVAL.] This section is effective upon 
approval of independent school district No. 697, and compliance 
with Minnesota Statutes, section 645.021, subdivision 3. 
    Presented to the governor May 12, 1993 
    Signed by the governor May 14, 1993, 9:59 p.m.