Office of the Revisor of Statutes
Minnesota Session Laws - 1994, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 590-H.F.No. 2512
An act relating to retirement; providing for level
benefits for the Minneapolis police relief
association; changing the definition of surviving
spouses eligible for benefits; amending Minnesota
Statutes 1992, sections 353B.11, subdivision 1;
423B.09, subdivision 1; Minnesota Statutes 1993
Supplement, sections 353B.07, subdivision 3; and
423B.10, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
MINNEAPOLIS POLICE RELIEF ASSOCIATION
BENEFIT MODIFICATIONS
Section 1. Minnesota Statutes 1992, section 423B.09,
subdivision 1, is amended to read:
Subdivision 1. [MINNEAPOLIS POLICE; PERSONS ENTITLED TO
RECEIVE PENSIONS.] The association shall grant pensions payable
from the police pension fund in monthly installments to persons
entitled to pensions in the manner and for the following
purposes.
(a) An active member or a deferred pensioner who has
performed duty as a member of the police department of the city
for five years or more, upon written application after retiring
from duty and reaching at least age 50, is entitled to be paid
monthly for life a service pension equal to eight units. For
full years of service beyond five years, the service pension
increases by 1.6 units for each full year, to a maximum of 40
units, as follows:.
Sixth through 20th years 1.6 units per year of service
21st through 24th years 1.0 units per year of service
25th year 4.0 units
Fractional years of service may not be used in computing
pensions.
(b) An active member who after five years' service but less
than 20 years' service with the police department of the city,
becomes superannuated so as to be permanently unable to perform
the person's assigned duties, is entitled to be paid monthly for
life a superannuation pension equal to two units for five years
of service and an additional two units for each full year of
service over five years and less than 20 years.
(c) An active member who is not eligible for a service
pension and who, while a member of the police department of the
city, becomes diseased or sustains an injury while in the
service that permanently unfits the member for the performance
of police duties is entitled to be paid monthly for life a
pension equal to 32 units while so disabled.
Sec. 2. Minnesota Statutes 1993 Supplement, section
423B.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 in the case of a deceased active member, 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
five years before retirement from the police department the
member's death, is entitled to a surviving spouse benefit. The
surviving spouse benefit is equal to 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 six
units per month, plus an additional one unit for each year of
service to the credit of the decedent in excess of five years,
to a maximum of 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 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 two units
per month, plus an additional 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 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 40 units per month.
Sec. 3. [LOCAL APPROVAL.]
Sections 1 and 2 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 1993 Supplement, 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 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;
(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;
(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;
(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;
(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;
(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;
(9) 2.5 percent per year of allowable service for each year
of the first 30 years of allowable service, Crookston police
relief association;
(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;
(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;
(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;
(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;
(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;
(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;
(16) for members who terminated active service as a
Minneapolis firefighter before June 1, 1993, 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, and for members who terminated active service
as a Minneapolis firefighter after May 31, 1993, two percent for
each year of the first 19 years of allowable service, 3.25
percent for the 20th year of allowable service, and two percent
per year of allowable service in excess of 20 years of service,
but not more than 25 years of allowable service, Minneapolis
fire department relief association;
(17) 2.125 two percent per year of allowable service for
each year of the first 20 25 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;
(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;
(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;
(20) 2.55 percent per year of allowable service for each of
the first 20 years of allowable service, Richfield fire
department relief association;
(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;
(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;
(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;
(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;
(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;
(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
(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.11,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY; SURVIVING SPOUSE BENEFIT.]
(a) Except as specified in paragraph (b), (c), (d), (e), or (f),
the person who survives a deceased active, deferred, or retired
member, who was legally married to the member at the time of the
death of the deceased member, who was legally married to the
member for at least one year before the separation from active
service if the deceased member was a deceased, deferred, or
retired member and who was residing with the member at the time
of the death of the deceased member shall be entitled to receive
a surviving spouse benefit.
(b) The person who survives a deceased active, deferred, or
retired member, who was legally married to the member at the
time of the death of the deceased member, who was legally
married to the member at the time of separation from active
service if the deceased member was a deceased deferred or
retired member and who was residing with the member at the time
of the death of the member shall be entitled to receive a
surviving spouse benefit in the case of former members of the
following consolidating relief associations:
(1) Albert Lea police relief association;
(2) Anoka police relief association;
(3) Austin firefighters relief association;
(4) Austin police relief association;
(5) Brainerd police benefit association;
(6) Columbia Heights police relief association;
(7) Crookston fire department relief association;
(8) Crookston police relief association;
(9) Fairmont police benefit association;
(10) Faribault police benefit association;
(11) Mankato fire department relief association;
(12) Red Wing police relief association;
(13) South St. Paul police relief association;
(14) Virginia fire department relief association;
(15) Virginia police relief association; and
(16) West St. Paul police relief association.
(c) The person who survives a deceased active, deferred, or
retired member, who was legally married to the member at the
time of the death of the deceased member, and who was legally
married to the member at the time of separation from active
service if the deceased member was a deceased deferred or
retired member shall be entitled to receive a surviving spouse
benefit in the case of former members of the following
consolidating relief associations:
(1) Chisholm police relief association;
(2) Hibbing police relief association;
(3) Mankato police benefit association; and
(4) New Ulm police relief association.
(d) The person who survives a deceased active, deferred, or
retired member, who was legally married to the member at the
time of the death of the deceased member, who was legally
married to the member for at least one year before the
separation from active service if the deceased member was the
recipient of a service pension or was entitled to a deferred
service pension and who was residing with the member at the time
of the death of the deceased member in the case of former
members of the Minneapolis fire department relief association.
(e) The person who survives a deceased active, deferred, or
retired member, who was legally married to the member at the
time of the death of the deceased member, who was residing with
the member at the time of the death of the decedent, and, if the
deceased member was the recipient of a service pension or was
entitled to a deferred service pension at the time of death, who
was legally married to the member for at least five years before
the member's death, in the case of former members of the
Minneapolis police relief association.
(f) The person who survives a deceased active, deferred, or
retired member, who was legally married to the member at the
time of the death of the deceased member, who was legally
married to the member for at least three years before the
separation from active service if the deceased member was a
deceased, retired, or deferred member and who was residing with
the member at the time of the death of the member shall be
entitled to receive a surviving spouse benefit in the case of
former members of the South St. Paul firefighters relief
association.
(f) (g) The person who survives a deceased active,
deferred, or retired member who was legally married to the
member at the time of the death of the deceased member, who was
legally married to the member for at least one year before the
separation from active service if the deceased member was a
deceased, deferred, or retired member and who had not deserted
the member at the time of the death of the deceased member shall
be entitled to receive a surviving spouse benefit in the case of
former members of the St. Paul police relief association.
Sec. 3. [EFFECTIVE DATE.]
Sections 1 and 2 are effective on the effective date of
article 1, section 1.
Presented to the governor May 5, 1994
Signed by the governor May 6, 1994, 4:48 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes