1.1 	A bill for an act
1.2 	relating to retirement; providing an option to a surviving spouse of a deceased 
1.3 	judge; amending Minnesota Statutes 2004, section 490.124, subdivision 9.
1.4 	 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1.  Minnesota Statutes 2004, section 490.124, subdivision 9, is amended to read:
1.6 		 Subd. 9.Survivors' annuity. (a) Upon the death of a judge prior to retirement, or 
1.7 	upon the death of a person who has qualified for an annuity but who ceases to be a judge 
1.8 	prior to retirement and has not received a refund of contributions pursuant to subdivision 
1.9 	12, a surviving spouse or, if there be no surviving spouse, dependent children, shall 
1.10 	receive an annuity, payable monthly, equal to 60 percent of the normal retirement annuity 
1.11 	which would have been payable to the judge or former judge had the date of death been 
1.12 	the normal retirement date, provided that the surviving spouse or dependent children 
1.13 	shall receive an annuity of not less than 25 percent of the judge's or former judge's final 
1.14 	average compensation.
1.15 	(b) The surviving spouse of a deceased judge may elect to receive, in lieu of the 
1.16 	annuity under paragraph (a), an annuity equal to the 100 percent joint and survivor annuity 
1.17 	which the judge or former judge could have qualified for on the date of death. 
1.18 	(c) If a judge, whose surviving spouse was not entitled to survivors benefits provided 
1.19 	solely for judges under statutes in effect prior to January 1, 1974, shall have died prior to 
1.20 	retirement on or after May 23, 1973,  and before January 1, 1974, a surviving spouse and 
1.21 	dependent children, if any, shall be entitled to survivors benefits as provided hereunder as 
1.22 	if such judge had died on January 1, 1974. 

1.23 	Sec. 2. EFFECTIVE DATE.
 2.1 	Section 1 is effective January 1, 2006.