Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 491-H.F.No. 1909 
                  An act relating to retirement; local police and 
                  salaried firefighters relief associations and 
                  consolidation accounts; requiring continuation of 
                  surviving spouse benefits upon remarriage; amending 
                  Minnesota Statutes 1992, section 423A.17; Minnesota 
                  Statutes 1993 Supplement, section 353B.11, subdivision 
                  6. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                   ARTICLE 1 
                   CONTINUATION OF SURVIVING SPOUSE BENEFITS 
                                UPON REMARRIAGE
           Section 1.  Minnesota Statutes 1992, section 423A.17, is 
        amended to read: 
           423A.17 [AUTHORITY TO IMPLEMENT THE CONTINUATION OF 
        SURVIVING SPOUSE BENEFITS UPON REMARRIAGE.] 
           (a) Notwithstanding a provision of section 69.48; 423.387, 
        subdivision 1; 423.58, subdivision 1; 423.810, subdivision 1; or 
        424.24, subdivision 1, or other law, article of incorporation, 
        or bylaw governing a local police or salaried firefighters 
        relief association to the contrary, the board of trustees of a 
        local relief association governed by section 69.77, with 
        municipal approval as provided in section 69.77, subdivision 2i, 
        may amend the bylaws of the relief association to provide 
        that the governing body of a municipality may mandate the 
        applicable local police or salaried firefighters relief 
        association to provide that a surviving spouse benefit is 
        payable for the life of the surviving spouse and remains payable 
        even in the event of the remarriage of the surviving spouse. 
           (b) If the surviving spouse benefit change described in 
        paragraph (a) is made, the change applies to a surviving spouse 
        benefit payable on the effective date of the change and to the 
        potential surviving spouses of all active, deferred, or retired 
        members of the relief association who have that status on the 
        effective date of the change.  
           (c) In addition, if the surviving spouse benefit change 
        described in paragraph (a) is made and the bylaws so provide, a 
        person who formerly was receiving surviving spouse benefits from 
        the relief association and who had those benefits discontinued 
        by virtue of the remarriage is entitled, upon application, to a 
        resumption of the surviving spouse benefit, beginning with the 
        last day of the month following receipt of the application by 
        the secretary of the relief association.  Nothing in this 
        section authorizes the payment of a benefit amount to an estate. 
           (d) The bylaw amendment is not effective until a certified 
        copy of the amendment and the municipal approval has been The 
        change must be made by a municipal resolution adopted by a 
        majority vote of the municipality.  The resolution must be filed 
        by the municipal clerk secretary of the relief association with 
        the executive director of the legislative commission on pensions 
        and retirement, the state auditor, and the secretary of state. 
           Sec. 2.  [EFFECTIVE DATE.] 
           Section 1 is effective on the day following final enactment.
                                   ARTICLE 2
                   CONFORMING CHANGE TO THE CONSOLIDATION LAW 
           Section 1.  Minnesota Statutes 1993 Supplement, 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 terminates upon the death or the subsequent marriage of 
        the person entitled to receive or receiving a surviving spouse 
        benefit.  
           (b) A surviving spouse benefit terminates upon the 
        subsequent marriage of the person entitled to receive or 
        receiving a surviving spouse benefit but recommences 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) Duluth firefighters relief association; 
           (3) Minneapolis fire department relief association; 
           (4) St. Paul fire department relief association; and 
           (5) St. Paul police relief association.  
           (c) For all consolidating relief associations, a surviving 
        spouse benefit shall terminate terminates 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) Albert Lea police relief association; 
           (2) Anoka police relief association; 
           (3) Bloomington police relief association; 
           (4) Buhl police relief association; 
           (5) Chisholm fire department relief association; 
           (6) Chisholm police relief association; 
           (7) Crookston fire department relief association; 
           (8) Duluth police relief association; 
           (9) Faribault fire department relief association; 
           (10) Hibbing firefighters relief association; 
           (11) Hibbing police relief association; 
           (12) Mankato fire department relief association; 
           (13) Red Wing fire department relief association; 
           (14) Red Wing police relief association; 
           (15) Rochester fire department relief association; 
           (16) Rochester police relief association; 
           (17) St. Cloud fire department relief association; 
           (18) St. Louis Park fire department relief association; 
           (19) St. Louis Park police relief association; 
           (20) South St. Paul firefighters relief association; 
           (21) South St. Paul police relief association; 
           (22) West St. Paul firefighters relief association; 
           (23) Winona fire department relief association; and 
           (24) Winona police relief association. 
           Sec. 2.  [EFFECTIVE DATE.] 
           (a) Section 1 is effective on the day following final 
        enactment. 
           (b) Section 1 applies to any consolidation account under 
        Minnesota Statutes, chapter 353B, established before the date of 
        final enactment as well as any account established after that 
        date and applies to any person who formerly was receiving 
        surviving spouse benefits from a consolidation account or a 
        local relief association and who had those benefits discontinued 
        solely by virtue of remarriage. 
           (c) Nothing in this article authorizes the payment of a 
        benefit amount to an estate. 
           Presented to the governor April 20, 1994 
           Signed by the governor April 21, 1994, 11:58 a.m.