Minnesota Session Laws - 1995, Regular Session

                            CHAPTER 133-H.F.No. 266 
                  An act relating to peace officers; authorizing certain 
                  expenditures by a surviving spouse from a dependent 
                  child's share of a peace officer's survivor benefits; 
                  amending Minnesota Statutes 1994, section 299A.44. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 299A.44, is 
        amended to read: 
           299A.44 [DEATH BENEFIT.] 
           (a) On certification to the governor by the commissioner of 
        public safety that a public safety officer employed within this 
        state has been killed in the line of duty, leaving a spouse or 
        one or more eligible dependents, the commissioner of finance 
        shall pay $100,000 from the public safety officer's benefit 
        account, as follows: 
           (1) if there is no dependent child, to the spouse; 
           (2) if there is no spouse, to the dependent child or 
        children in equal shares; 
           (3) if there are both a spouse and one or more dependent 
        children, one-half to the spouse and one-half to the child or 
        children, in equal shares; 
           (4) if there is no surviving spouse or dependent child or 
        children, to the parent or parents dependent for support on the 
        decedent, in equal shares; or 
           (5) if there is no surviving spouse, dependent child, or 
        dependent parent, then no payment may be made from the public 
        safety officer's benefit fund.  
           (b) If there are both a spouse and one or more dependent 
        children under age 18, the spouse, at the spouse's discretion, 
        may spend a maximum of one-third of a child's share on medical 
        or dental treatment for the child or the child's education.  
        Expenditures under this paragraph on behalf of a child do not 
        diminish the shares of any other children.  In addition, a 
        spouse, at the spouse's discretion, may expend money from a 
        child's share to pay state and federal taxes on any interest 
        accrued on the share. 
           Presented to the governor May 5, 1995 
           Became law without the governor's signature May 8, 1995