Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 490-H.F.No. 1416 
                  An act relating to retirement; Austin fire department 
                  relief association; modifying health insurance benefit 
                  coverage for the spouses of certain retired 
                  firefighters; providing survivor benefit coverage for 
                  the spouses of certain retired firefighters; amending 
                  Laws 1992, chapter 455, section 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Laws 1992, chapter 455, section 2, is amended 
        to read: 
           Sec. 2.  [AUSTIN FIRE DEPARTMENT RELIEF ASSOCIATION; HEALTH 
        OR MEDICAL INSURANCE PREMIUM BENEFIT.] 
           (a) Notwithstanding any provision of general law, special 
        law, articles of incorporation, or bylaws to the contrary, if 
        its articles of incorporation or bylaws so permit, the Austin 
        fire department relief association may pay a health or medical 
        insurance premium benefit to eligible pension recipients and 
        their spouses, if the spouse would be eligible for a surviving 
        spouse benefit upon the death of the pension recipient. 
           (b) The health or medical insurance premium benefit is an 
        amount equal to the amount that the city of Austin would pay 
        under the applicable collective bargaining agreement for medical 
        or health insurance coverage for a firefighter who is employed 
        by the city, who has a spouse, and who has no other dependents. 
           (c) An eligible pension recipient is a person who receives 
        a service pension or a disability pension from the relief 
        association and who is under age 65 or who is not yet eligible 
        for the receipt of federal Medicare benefits, whichever occurs 
        first. 
           (d) The health or medical insurance premium benefit is 
        payable monthly, is in addition to any other pension amount 
        received by the eligible pension recipient, and is not subject 
        to any postretirement adjustments applicable to service pensions 
        or disability pensions. 
           Sec. 2.  [AUSTIN FIRE DEPARTMENT RELIEF ASSOCIATION; 
        SURVIVOR COVERAGE FOR SPOUSES OF CERTAIN RETIRED FIREFIGHTERS.] 
           (a) Notwithstanding any provision to the contrary of the 
        general or special laws governing the Austin fire department 
        relief association, the articles of incorporation of the relief 
        association, or the bylaws of the relief association, a person 
        described in paragraph (b) is entitled to a surviving spouse 
        benefit as provided in paragraph (c). 
           (b) A person entitled under paragraph (a) is a person who: 
           (1) was the legally married spouse of a deceased retired or 
        disabled member of the Austin fire department relief association 
        at the time of the deceased member's death; 
           (2) married the retired or disabled member after the date 
        on which the member terminated active employment as a 
        firefighter by the Austin fire department and was married for at 
        least three years before the date of the death of the member; 
        and 
           (3) was married to a retired or disabled member whose prior 
        spouse, if any, predeceased the member. 
           (c) The surviving spouse benefit is an amount equal to the 
        amount of a surviving spouse benefit payable by the Austin fire 
        department relief association to the surviving spouse of a 
        deceased active member of the relief association under Laws 
        1949, chapter 87, section 26, subdivision 4, as amended by Laws 
        1965, chapter 418, section 5, reduced by any amount awarded or 
        payable to a former spouse of the deceased active member by 
        virtue of the legal dissolution of the member's marriage to the 
        former spouse. 
           Sec. 3.  [EFFECTIVE DATE.] 
           Sections 1 and 2 are effective on the day following 
        compliance with Minnesota Statutes, section 69.77, subdivision 
        2i, approval by majority vote of the city council of the city of 
        Austin, and compliance with Minnesota Statutes, section 645.021. 
           Presented to the governor April 20, 1994 
           Signed by the governor April 22, 1994, 1:49 p.m.