Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 591-H.F.No. 2420 
                  An act relating to retirement; providing for terms on 
                  which surviving spouse benefits are granted to members 
                  of the Minneapolis fire department relief association; 
                  amending Minnesota Statutes 1992, section 353B.11, 
                  subdivision 1; Laws 1965, chapter 519, section 1, as 
                  amended. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                   ARTICLE 1 
                      MINNEAPOLIS FIRE RELIEF ASSOCIATION  
                        SURVIVING SPOUSE BENEFIT CHANGE
           Section 1.  Laws 1965, chapter 519, section 1, as amended 
        by Laws 1967, chapter 819, section 1; Laws 1969, chapter 123, 
        section 1; Laws 1975, chapter 57, section 1; Laws 1977, chapter 
        164, section 2; and Laws 1992, chapter 454, section 2, is 
        amended to read: 
           Section 1.  [MINNEAPOLIS, CITY OF; FIREFIGHTER'S RELIEF 
        ASSOCIATION; SURVIVING SPOUSE'S ENTITLEMENT.] Notwithstanding 
        the provisions of Minnesota Statutes 1965, Section 69.48, to the 
        contrary, when a service pensioner, disability pensioner, or 
        deferred pensioner, or an active member of a relief association 
        dies, leaving: 
           (1) A surviving spouse who was a legally married spouse, 
        residing with the decedent, and who was married while or prior 
        to the time the decedent was on the payroll of the fire 
        department in the case of a deceased active member; and who, in 
        case the deceased member was a service or deferred pensioner was 
        legally married to the member at least one year five years 
        before retirement from the fire department death; or 
           (2) A child or children who were living while the deceased 
        was on the payroll of the fire department, or born within nine 
        months after the decedent was withdrawn from the payroll of the 
        fire department, the surviving spouse and the child or children 
        shall be entitled to a pension or pensions, as follows: 
           (a) To the surviving spouse, a pension of not less than 17 
        units, and not to exceed the total of 22 units per month, as the 
        bylaws of the association provide, for life; provided, that if 
        the spouse shall remarry then the pension shall cease and 
        terminate as of the date of remarriage; provided, further, if 
        the remarriage terminates for any reason, the surviving spouse 
        shall again be entitled to a pension as the bylaws of the 
        association provide; 
           (b) To the child or children, if their other parent is 
        living, a pension of not to exceed eight units per month for 
        each child up to the time each child reaches the age of not less 
        than 16 years and not to exceed an age of 18 years; provided, 
        however, upon approval by the board of trustees, such a child 
        who is a full-time student, upon proof of compliance with the 
        provisions of this act, may be entitled to such pension so long 
        as the child is a full-time student and has not reached 22 years 
        of age, all in conformity with the bylaws of the association; 
        provided, further, the total pensions hereunder for the 
        surviving spouse and children of the deceased member shall not 
        exceed the sum of 41 units per month; 
           (c) A child or children of a deceased member after the 
        death of their other parent, or in the event their other parent 
        predeceases the member, be entitled to receive a pension or 
        pensions in such amount as the board of trustees of the 
        association shall deem necessary to properly support the child 
        or children until they reach the age of not less than 16 and not 
        more than 18 years; provided, however, upon approval by the 
        board of trustees, such a child who is a full-time student, upon 
        proof of compliance with the provisions of this act, may be 
        entitled to such pension so long as the child is a full-time 
        student and has not reached 22 years of age, as the bylaws of 
        the association may provide; but the total amount of the pension 
        or pensions hereunder for any child or children shall not exceed 
        the sum of 41 units per month; 
           (d) For the purposes of this act, a full-time student is 
        defined as an individual who is in full-time attendance as a 
        student at an educational institution.  Whether or not the 
        student was in full-time attendance would be determined by the 
        board of trustees of the association in the light of the 
        standards and practices of the school involved.  Specifically 
        excluded is a person who is paid by the person's employer while 
        attending school at the request of the person's employer.  
        Benefits may continue during any period of four calendar months 
        or less in any 12 month period in which a person does not attend 
        school if the person shows to the satisfaction of the board of 
        trustees that the person intends to continue in full-time school 
        attendance immediately after the end of the period.  An 
        educational institution is defined so as to permit the payment 
        of benefits to students taking vocational or academic courses in 
        all approved, accredited or licensed schools, colleges, and 
        universities.  The board of trustees shall make the final 
        determination of eligibility for benefits if any question arises 
        concerning the approved status of the educational institution 
        which the student attends or proposes to attend; 
           (e) In the event that a child who is receiving a pension as 
        provided above shall marry before the age of 22 years, the 
        pension shall cease as of the date of the marriage. 
           Sec. 2.  [EFFECTIVE DATE.] 
           Section 1 is 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 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 five years 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 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) 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. 2.  [EFFECTIVE DATE.] 
           Section 1 is effective on the effective date of article 1, 
        section 1. 
           Presented to the governor May 5, 1994 
           Signed by the governor May 6, 1994, 4:56 p.m.