2000 Minnesota Statutes

CHAPTER 423. Retirement; police officer, firefighter

  423.01 Repealed, 1945 c 47 s 10 

  423.011 Repealed, 1955 c 151 s 18 

  423.012 Repealed, 1955 c 151 s 18 

  423.02 Repealed, 1945 c 47 s 10 

  423.021 Repealed, 1955 c 151 s 18 

  423.022 Repealed, 1955 c 151 s 18 

  423.023 Repealed, 1955 c 151 s 18 

  423.03 Repealed, 1945 c 47 s 10 

  423.031 Repealed, 1955 c 151 s 18 

  423.035 Repealed, 1955 c 151 s 18 

  423.04 Repealed, 1945 c 47 s 10 

  423.041 Repealed, 1955 c 151 s 18 

  423.05 Repealed, 1945 c 47 s 10 

  423.06 Repealed, 1945 c 47 s 10 

  423.061 Repealed, 1955 c 151 s 18 

  423.07 Repealed, 1945 c 47 s 10 

     423.075 Compulsory retirement of certain employees of 
  police and fire departments. 

    Subdivision 1.  Notwithstanding any contrary provisions of 
 sections 197.455 to 197.48, every employee, officer, or person 
 on the payroll of any fire or police department in any city of 
 the first class who is a member of any tax aided pension, 
 relief, or retirement fund established and maintained by 
 authority of laws of this state, shall retire upon reaching the 
 age of 65 years. 

    Subd. 2. Repealed, 1981 c 224 s 276 

    HIST: (1442-40d) 1939 c 136 s 1; 1941 c 426; 1963 c 802 s 1; 
 1977 c 429 s 63; 1981 c 224 s 194 

     423.076 Retirement; police and fire departments. 

    A compulsory retirement age of not less than 65 years that 
 was in effect on March 3, 1983, for persons on the payroll of a 
 police or fire department which does not come within the 
 provisions of section 423.075 without being a violation of 
 section 363.02, subdivision 6, may be retained.  

    HIST: 1978 c 649 s 7; 1979 c 40 s 11; 1979 c 50 s 56; 1987 c 
 284 art 2 s 8 

  423.08-423.11 Repealed, 1961 c 561 s 17 

  423.12-423.203 Repealed, 1955 c 105 s 15 

  423.21 Repealed, 1976 c 44 s 70 

  423.22 Repealed, 1978 c 562 s 34 

  423.23 Repealed, 1978 c 562 s 34 

  423.24 Repealed, 1978 c 562 s 34 

  423.25 Repealed, 1978 c 562 s 34 

  423.26 Repealed, 1978 c 562 s 34 

  423.27 Repealed, 1978 c 562 s 34 

  423.28 Repealed, 1978 c 562 s 34 

  423.29 Repealed, 1978 c 562 s 34 

  423.30 Repealed, 1978 c 562 s 34 

  423.31 Repealed, 1978 c 562 s 34 

  423.32 Repealed, 1978 c 562 s 34 

  423.33 Repealed, 1978 c 562 s 34 

  423.34 Repealed, 1978 c 562 s 34 

  423.35 Repealed, 1978 c 562 s 34 

  423.36 Repealed, 1978 c 562 s 34 

     423.37 Police department may form relief association in 
  certain cities. 

    In each city of the third class the members of its police 
 department may organize a police officers' relief association, 
 or maintain any police officers' relief association existing 
 therein on April 29, 1947.  This association shall create, 
 maintain, and administer a police officers' pension fund for the 
 benefit of its members, the surviving spouses and children of 
 its members, and the beneficiaries of any police officers' 
 pension or benefit fund in operation on April 29, 1947.  All 
 such associations now existing as such corporations, or 
 hereafter incorporated under the laws of this state, shall have 
 perpetual existence.  Laws 1947, chapter 625, shall not apply to 
 any associations in existence on April 29, 1947; but each such 
 association may elect to come under its provisions by the 
 adoption of a resolution of the members of said association 
 signifying its intention to do so, by a majority vote of all 
 members then entitled to vote and voting, at any annual meeting 
 of said association, or at any special meeting duly called for 
 that purpose, and upon the filing of a copy of said resolution 
 certified by the proper officers, with the secretary of state, 
 and the filing and recording in the office of the county 
 recorder of the county in which such association is located.  
 Upon the adoption of such a resolution, Laws 1947, chapter 625, 
 shall apply to all accepting associations as fully as though 
 such associations had been formed hereunder, notwithstanding the 
 provisions of any constitution, bylaws, charter provision, or 
 ordinance. 

    HIST: 1943 c 521 s 1; 1947 c 625 s 1; 1976 c 181 s 2; 1978 c 
 562 s 14; 1986 c 444 

     423.371 Organization, operation. 

    Subdivision 1.    Articles, bylaws.  Each such relief 
 association shall be organized, operated, and maintained in 
 accordance with its own articles of incorporation and bylaws, by 
 police officers, as hereinafter defined, who are members of said 
 police department.  Each association shall have the power to 
 regulate its own management and its own affairs, and all 
 additional corporate powers which may be necessary or useful; 
 subject to the laws of this state pertaining to corporations, 
 not inconsistent herewith. 

    Subd. 2.    Amendments.  All associations organized or 
 duly coming under sections 423.37 to 423.392, shall have the 
 power to amend, from time to time, their articles of 
 incorporation or their bylaws, and by the amendment of their 
 bylaws from time to time, may, subject to the minimum and 
 maximum pensions hereinafter provided, increase or decrease the 
 disability and service pensions already being paid, or 
 thereafter to be paid, to disability and service pensioners, 
 their surviving spouses and children, and the surviving spouses 
 and children of deceased members, so as to maintain as nearly as 
 possible a proper relationship between the prevailing pay of 
 active members of the association and the pensions being paid, 
 or to be paid, to disability and service pensioners, and the 
 surviving spouses and children of deceased pensioners and 
 members, or to maintain the reserves accumulated in the special 
 fund of the association, on a sound and safe basis, and the 
 overall solvency of the association.  Pensions being paid by 
 such associations to disability and service pensioners, and the 
 surviving spouses and children of deceased pensioners and 
 members, at the time this provision shall go into effect, and 
 become law, shall not be reduced by any such amendment of the 
 bylaws.  The service pensions being paid retired members, and to 
 be paid existing members, shall in no event be reduced to an 
 amount less than the amount provided for disabled members now 
 receiving disability pensions, or who may hereafter be entitled 
 to receive disability pensions, and further provided that no 
 reduction shall be made in the pensions being paid to either 
 service or disability pensioners who retire from the force, 
 following their retirement, unless a pro rata reduction is 
 likewise made in the pensions to be paid members for service and 
 disability pensions who may thereafter be entitled thereto. 

    HIST: 1943 c 521 s 2; 1947 c 625 s 2; 1953 c 35 s 1; 1978 c 
 562 s 15; 1986 c 444 

     423.372 Police officer, defined; rights. 

    A police officer under Laws 1947, chapter 625, is a duly 
 appointed police officer, who is regularly entered on the 
 payroll of the police department of such city, serving on active 
 duty therein, after having completed any probationary period 
 required under the laws or ordinances of such city.  
 Probationers in the police department, substitutes and persons 
 employed irregularly from time to time, and elective officials 
 of such department, shall not be deemed to be included under 
 Laws 1947, chapter 625.  All persons who are members of the 
 police officers' relief associations of such cities, on April 
 29, 1947, whether their status is embraced within the definition 
 of a police officer herein contained or otherwise, shall have 
 the right to continue as members of their respective 
 associations and be entitled to all benefits pertaining thereto, 
 and any member included under the definition of police officer 
 herein provided shall have the right to retain membership on 
 promotion or appointment to other positions to which such police 
 officer herein may be subject.  Laws 1947, chapter 625, shall 
 not affect any pensions or other benefits which have been 
 allowed or which are being paid by any such relief association 
 under or in accordance with any prior act or acts, on April 29, 
 1947.  Payment of such pensions and benefits shall be continued 
 by the respective associations in accordance with their articles 
 of incorporation and bylaws, and shall be subject to all of the 
 provisions thereof, existing on April 29, 1947, or as thereafter 
 duly repealed or amended. 

    Any person who is employed in subsidized on-the-job 
 training, work experience or public service employment as an 
 enrollee under the federal comprehensive employment and training 
 act shall not be included as a member of the relief association 
 from and after March 30, 1978 unless the person has as of the 
 later of March 30, 1978 or the date of employment sufficient 
 service credit in the relief association to meet the minimum 
 vesting requirements for a deferred service pension, or the city 
 agrees in writing to make the total required employer 
 contributions on account of that individual from revenue sources 
 other than funds provided under the federal comprehensive 
 employment and training act, or the person agrees in writing to 
 make the required employer contributions in addition to the 
 member contribution. 

    HIST: 1943 c 521 s 3; 1947 c 625 s 3; 1978 c 720 s 14; 1986 c 
 444 

     423.373 Acting police officers to become members.  

    Every police officer as herein defined shall automatically 
 become a member of the police officers' relief association of 
 any such city upon the completion of any probationary period 
 required under the laws or ordinances of such city and the 
 appointment as a regular police officer of such city as defined 
 in section 423.372.  The police officer shall thereupon become 
 subject to the articles of incorporation and bylaws of such 
 association, and shall be entitled to all of the privileges and 
 benefits therein provided for members of the police officers' 
 relief association of such city. 

    HIST: 1943 c 521 s 4; 1986 c 444 

     423.374 Officers of association. 

    The officers of the relief association shall be a 
 president, one or more vice-presidents, a secretary, and a 
 treasurer.  The offices of assistant secretary and assistant 
 treasurer may be created by the bylaws of any such 
 associations.  The affairs of each association must be managed 
 in accordance with chapter 356A by a board of directors elected 
 in the manner prescribed by the articles of incorporation of the 
 association.  

    The secretary and treasurer of each relief association 
 shall each furnish a corporate bond to the association for the 
 faithful performance of their duties, in such amounts as the 
 association from time to time may determine.  Each relief 
 association shall and is hereby authorized to pay the premiums 
 on such bonds from its special fund.  

    HIST: 1943 c 521 s 5; 1989 c 319 art 8 s 21 

     423.375 Secretary and treasurer to make annual report.  

    The secretary and treasurer of every association, prior to 
 the first day of February in each year, shall jointly prepare 
 and sign with the approval of the association's board of 
 directors, a detailed and itemized report of all receipts and 
 expenditures in the association's special fund for the preceding 
 calendar year, showing the sources of said receipts and to whom 
 and for what purpose the money has been paid and expended, and 
 the balance of the fund.  They shall file duplicate original 
 copies thereof with the clerk or city recorder of the city in 
 which the association is located, and with the mayor and the 
 treasurer thereof.  No money shall be paid to a relief 
 association by the city in which the association is located 
 until said report is so filed.  

    HIST: 1943 c 521 s 6 

  423.376 Repealed, 1989 c 277 art 4 s 80 

     423.377 Salary deductions. 

    In addition, and only if such tax is levied, the city 
 treasurer, finance commissioner or other officer charged with 
 the responsibility of the city's finances, shall, each month, 
 deduct from the salary of each police officer of such city 
 subject to sections 423.37 to 423.391, four percent of the 
 prevailing pay of all such police officers of such city, and 
 transfer the total thereof to the treasurer of the special fund 
 of the police officers' relief association, who shall credit 
 said total to the special fund of such association and to the 
 credit of each individual police officer from whose pay said 
 deductions were so made. 

    If a police officer in any such city is separated from the 
 service due to resignation or some reason not involving 
 malfeasance, nonfeasance, moral turpitude, or if separation from 
 such service is caused by injury, death or other disability, 
 under such circumstances that no pension benefits are payable to 
 the police officer or a surviving spouse or children, the 
 treasurer of the special fund shall return to such police 
 officer, or in case of death, to the heirs, executors or 
 administrators, all of the amounts so deducted from the police 
 officer's pay without interest, but less the amount of any 
 disability or other benefits theretofore paid to such police 
 officer. 

    HIST: 1943 c 521 s 8; 1947 c 625 s 5; 1953 c 35 s 3; 1959 c 
 175 s 2; 1978 c 562 s 16; 1986 c 444 

     423.378 Association to have management of funds.  

    Each such relief association shall have full and permanent 
 charge of, and the responsibility for the proper management and 
 control of all funds that may come into its possession, and 
 particularly funds derived from the following sources: 

    (a) Funds derived from the tax levies by the city in which 
 such relief association is located, and interest from the 
 investment thereof.  

    (b) Funds derived from deductions made from the basic pay 
 of members of such relief association.  

    (c) Funds derived from private sources such as gifts, 
 charges, rents, entertainments, dues paid by members, and from 
 other sources.  

    HIST: 1943 c 521 s 9; 1947 c 625 s 6 

     423.379 Placed in separate funds.  

    The money received from the various sources shall be kept 
 in two separate and distinct funds, one to be designated as the 
 association special fund, and the other as its general fund.  
 All money received from the city in which the relief association 
 is located, including wage deductions from the basic pay of 
 police officers, shall be deposited in the special fund and 
 shall be expended only for the purposes hereinafter authorized.  
 All money received from other sources shall be deposited in the 
 general fund, and may be expended for any purpose deemed proper 
 by such association.  

    HIST: 1943 c 521 s 10; 1947 c 625 s 7; 1986 c 444 

     423.38 Purposes for which expenditures may be made. 

    All moneys received by a relief association and deposited 
 by it in its special fund shall be appropriated and disbursed by 
 the association only for the following purposes: 

    (a) For the relief of sick, injured and disabled members of 
 the association, their surviving spouses and orphans. 

    (b) For the payment of disability and service pensions to 
 members of the relief association. 

    (c) For the payment of administrative expenses of the 
 association as authorized pursuant to section 69.80. 

    HIST: 1943 c 521 s 11; 1978 c 562 s 17; 1978 c 690 s 3; 1981 c 
 224 s 195 

     423.381 Relief benefits, entitlement. 

    Each relief association shall in its bylaws define the 
 sickness and disability entitling its members to relief, and 
 specify the amounts thereof, and also specify the amounts to be 
 paid to its disability and service pensioners, and to surviving 
 spouses and children of deceased members, and fix the age limit 
 of children to which pensions may be paid, subject to, and in 
 accordance with, the provisions of Laws 1947, chapter 625. 

    HIST: 1943 c 521 s 12; 1947 c 625 s 8; 1978 c 562 s 18 

     423.382 Payments during disability.  

    A member of such association who, by reason of sickness or 
 accident, becomes disabled from performing the duties of a 
 police officer in the police department of any such city, shall 
 be entitled to receive from the association during disability, 
 such disability pension as the bylaws of the association may 
 provide, which pension shall in no event, however, be less than 
 $75 per month.  No disability pension shall be paid or allowed 
 by such association unless notice of the disability and 
 application for pension on account thereof, shall be made by or 
 on behalf of the disabled member to the secretary of the 
 association within 90 days after such disability.  

    HIST: 1943 c 521 s 13; 1986 c 444 

     423.383 Time limit.  

    A member of any such relief association entitled to 
 disability pension, as herein defined, shall receive the same 
 from such association for such periods of time, at such times, 
 and in such amounts, as the bylaws of the association shall 
 provide, but in no event shall such disability pension be less 
 than $75 per month.  

    HIST: 1943 c 521 s 14 

     423.384 Service pensions.  

    A member of any such association as herein defined, who has 
 completed a period, or periods of service, as a police officer 
 in the police department of any such city, equal to 20 years or 
 more, shall, after arriving at the age of 50 years or more, and 
 retiring from the payroll of the police department of such city, 
 be entitled to receive from the association, a service pension 
 in such amount as shall be fixed by the bylaws of the 
 association, which pension shall in no event be less than $75 
 per month, nor more than one-half of the prevailing pay of such 
 police officer during the major portion of the year immediately 
 preceding retirement, and thereafter the maximum pension of such 
 police officer shall not exceed one-half of the prevailing pay 
 of active members of the association of equivalent rank, or the 
 position most closely analogous thereto, and shall be payable 
 monthly during the term of natural life, subject to the bylaws 
 of such association, provided however that those police officers 
 who are members of any such association at the time of the 
 passage, April 19, 1949, shall be entitled to a minimum service 
 pension equal to one-half of the monthly based pay of such 
 police officer at the time of the passage of this act.  All 
 leaves of absence of more than 90 days except such as are 
 granted to a member because of disability due to sickness or 
 accident, shall be excluded in computing the period of service.  
 No deductions shall be made for a leave of absence granted to a 
 member to enable the member to accept an appointive position in 
 said police department not subject to the provisions of sections 
 423.37 to 423.391.  No member shall be entitled to draw both a 
 disability and a service pension.  

    HIST: 1943 c 521 s 15; 1947 c 625 s 9; 1949 c 496 s 2; 1953 c 
 35 s 4; 1986 c 444 

     423.385 Retirement after 20 years of service.  

    A member of such association as herein defined, who has 
 completed a period, or periods of service, as a police officer 
 in the police department of any such city equal to 20 years or 
 more, but has not reached the age of 50 years, shall have the 
 right to retire from the department without forfeiting rights to 
 a service pension.  The member shall, upon application, be 
 placed on the deferred pension roll of the association, and, 
 after the member has reached the age of 50 years, the 
 association shall, upon application therefor, pay the member's 
 pension from the date the application is approved by the 
 association.  

    HIST: 1943 c 521 s 16; 1986 c 444 

     423.386 Service in armed forces to be included.  

    In determining the years of service of any such police 
 officer, no deduction shall be made for the period any such 
 police officer shall have been a member of the armed forces of 
 the United States subsequent to entry into the service of the 
 police department, who left the service of such police 
 department to enter the armed forces of the United States, 
 providing such police officer is honorably discharged from the 
 armed forces of the United States, and resumes duties as such 
 within 60 days after such discharge from the armed services of 
 the United States, or within such further period as may be 
 granted by the board of directors of such association within 
 which to resume said duties. 

    HIST: 1943 c 521 s 17; 1986 c 444 

     423.387 Benefits; pensioners, survivors. 

    Subdivision 1.  When a service pensioner, disability 
 pensioner, or deferred pensioner, or an active member of such 
 relief association dies, leaving a surviving spouse, one or more 
 surviving child, or both, such surviving spouse and said child 
 or children shall be entitled to a pension or pensions as 
 follows: 

    (1) To such surviving spouse a pension of not less than $25 
 per month, as the bylaws of such association shall provide, for 
 the surviving spouse's natural life; provided, if the surviving 
 spouse shall remarry, then such pension shall cease and 
 terminate as of the date of the surviving spouse's remarriage. 

    (2) To such child or children, if the surviving spouse of 
 the member is living and has not remarried, a pension of not to 
 exceed $25 per month for each child up to the time each child 
 reaches the age of not less than 16, and not to exceed 18 years 
 of age, which pension and age shall be fixed by the bylaws of 
 such association.  Provided, the total pension hereunder for the 
 surviving spouse and children of said deceased member shall not 
 exceed the sum of one-half of the prevailing monthly pay of such 
 decedent during the major portion of the year immediately 
 preceding the termination of services as a police officer in the 
 police department of such municipality, and thereafter the 
 maximum pension of such surviving spouse and children shall not 
 exceed one-half of the prevailing pay of active members of the 
 association of equivalent rank to the position held by such 
 decedent for the major portion of the year immediately preceding 
 the termination of services as a police officer, or the position 
 most closely analogous thereto. 

    (3) A child or children of a deceased member receiving a 
 pension or pensions hereunder shall, after the death or 
 remarriage of the surviving spouse of the member, be entitled to 
 receive a pension or pensions in such amount or amounts as may 
 be fixed by the bylaws of such association, until they reach the 
 age of not less than 16 and not more than 18 years, as the 
 bylaws of such association may provide; but the total amount of 
 such pension or pensions hereunder for any child or children 
 shall not exceed the sum of one-half of the prevailing pay of 
 such decedent during the major portion of the year immediately 
 preceding the termination of services as a police officer in the 
 police department of such municipality, and thereafter the 
 maximum pension of such child or children shall not exceed 
 one-half of the prevailing pay of active members of the 
 association of equivalent rank to the position held by such 
 decedent for the major portion of the year immediately preceding 
 the termination of services as a police officer, or the position 
 most closely analogous thereto.  The board of directors of such 
 association shall determine to whom and for what purposes such 
 pension or pensions shall be paid for the benefit of such child 
 or children. 

    Subd. 2.    Definitions.  (a) "Surviving spouse" means a 
 person who became the member's legally married spouse during or 
 prior to the time the member was on the payroll of any such 
 police department as a police officer, and remained such 
 continuously after their marriage until the member's death, 
 without having been granted a marriage dissolution or legal 
 separation, and who, in case the deceased member was a service 
 or deferred pensioner, was legally married to the member before 
 the member's retirement from the police department; and who, in 
 any case, was residing with the member at the time of the 
 member's death.  No temporary absence for purposes of business, 
 health or pleasure shall constitute a change of residence for 
 purposes of this clause. 

    (b) "Surviving child" means any child born the issue of the 
 lawful marriage of a service, disability or deferred pensioner 
 or of a deceased active member.  

    HIST: 1943 c 521 s 18; 1947 c 625 s 10; 1953 c 35 s 5; 1978 c 
 562 s 19; 1983 c 7 s 10; 1986 c 444 

     423.388 Board of examiners.  

    The relief association shall establish a board of examiners 
 who shall, as and when requested by the association's board of 
 directors, investigate and make report on all applications for 
 disability pension and make recommendations as to the allowance 
 or disallowance thereof; investigate and make report on all 
 disability pensioners, and make recommendations as to the 
 continuance or discontinuance thereof; and investigate and 
 report on all applications for service pensions.  This board 
 shall consist of a competent physician selected by the 
 association, and at least three members of the relief 
 association on active duty with the police department, and a 
 majority vote of the members of the relief association on said 
 board shall constitute its recommendation to the board of 
 directors.  

    HIST: 1943 c 521 s 19 

  423.389 Repealed, 1983 c 38 s 1 

     423.39 Funds exempt from execution. 

    All payments made or to be made by any such police 
 officers' relief association under any of the provisions of Laws 
 1947, chapter 625, shall be totally exempt from garnishment, 
 execution, or other legal process, except as provided in section 
 518.58, 518.581, or 518.6111.  No persons entitled to such 
 payment shall have the right to assign the same, nor shall the 
 association have authority to recognize any assignment, or to 
 pay any sum on account thereof.  Any attempt to transfer any 
 such right or claim, or any part thereof, shall be absolutely 
 void.  

    HIST: 1943 c 521 s 21; 1947 c 625 s 11; 1984 c 547 s 10; 1986 
 c 444; 1987 c 157 s 10; 1997 c 203 art 6 s 92 

     423.391 Workers' Compensation Act not affected. 

    Laws 1947, chapter 625, shall not be construed as 
 abridging, repealing or amending the laws of this state relating 
 to the provisions of the law commonly known as the workers' 
 Compensation Act. 

    HIST: 1943 c 521 s 22; 1947 c 625 s 12; 1975 c 359 s 23 

     423.392 Application.  

    The provisions of section 423.37 shall apply to and bind 
 any city of the third class which by a resolution of its 
 governing body, adopted by a majority of the members thereof 
 shall choose to be bound by it, and such city may thereafter 
 continue to be bound by it notwithstanding a subsequent change 
 in the classification of the city; but section 423.37 does not 
 apply to any police officers' relief association in existence 
 April 29, 1947 unless the association elects to come under its 
 provisions as herein provided.  

    HIST: 1947 c 625 s 13; 1951 c 60 s 1; 1971 c 25 s 80; 1986 c 
 444 

     423.41 Police officers' relief association; cities 
  employing five or more police officers.  

    The police department of each city of the fourth class 
 employing five or more regular and fully paid police officers 
 when authorized by an ordinance approved or adopted by the 
 unanimous vote of the governing body of said city may maintain a 
 police officers' relief association which shall be duly 
 incorporated under the laws of this state.  All such 
 associations now existing as such corporations, or hereafter 
 incorporated under the laws of this state, shall have perpetual 
 existence.  

    HIST: 1947 c 624 s 1; 1986 c 444 

     423.42 Regulation of management.  

    Each such relief association shall be organized, operated, 
 and maintained in accordance with its own articles of 
 incorporation and bylaws, by police officers, as hereinafter 
 defined, who are members of said police department.  Each 
 association shall have the power to regulate its own management 
 and its own affairs, and all additional corporate powers which 
 may be necessary or useful; subject, however, to the rules and 
 restrictions of sections 423.41 to 423.62 and other laws of this 
 state pertaining to corporations; not inconsistent herewith.  

    HIST: 1947 c 624 s 2; 1985 c 248 s 70; 1986 c 444 

     423.43 Police officer defined; present relief 
  association; present benefit rights; acceptance. 

    A police officer under sections 423.41 to 423.62 is a duly 
 appointed police officer, who is regularly entered on the 
 payroll of the police department of such city, serving on active 
 duty therein, after having completed any probationary period 
 required under the laws or ordinances of such city.  
 Probationers in the police department, substitutes and persons 
 employed irregularly from time to time, and elective officials 
 of such department, shall not be deemed to be included under 
 sections 423.41 to 423.62.  Any person who is employed in 
 subsidized on-the-job training, work experience or public 
 service employment as an enrollee under the federal 
 comprehensive employment and training act shall not be included 
 as a member of the relief association from and after March 30, 
 1978 unless the person has as of the later of March 30, 1978 or 
 the date of employment sufficient service credit in the relief 
 association to meet the minimum vesting requirements for a 
 deferred service pension, or the city agrees in writing to make 
 the total required employer contributions on account of that 
 individual from revenue sources other than funds provided under 
 the federal comprehensive employment and training act, or the 
 person agrees in writing to make the required employer 
 contribution in addition to the member contribution. 

    All persons who are members of the police officers' relief 
 associations of such cities, at the time of the passage of Laws 
 1947, chapter 624, whether their status is embraced within the 
 definition of a police officer herein contained or otherwise, 
 shall have the right to continue as members of their respective 
 associations and be entitled to all benefits pertaining thereto, 
 and any member included under the definition of police officer 
 herein provided shall have the right to retain membership on 
 promotion or appointment to other positions to which such police 
 officers herein may be subject. 

    Sections 423.41 to 423.62 shall not affect any pensions or 
 other benefits which have been allowed or which are being paid 
 by any such relief association under or in accordance with any 
 prior act or acts, at the time Laws 1947, chapter 624, becomes 
 effective.  Payment of such pensions and benefits shall be 
 continued by the respective associations in accordance with 
 their articles of incorporation and bylaws, and shall be subject 
 to all of the provisions thereof, existing at the time of the 
 passage of Laws 1947, chapter 624, but each such association may 
 elect to come under the provisions of sections 423.41 to 423.62 
 by the adoption of a resolution of the members of said 
 association signifying its intention to do so, by a majority 
 vote of all members then entitled to vote and voting, at any 
 annual meeting of said association, or at any special meeting 
 duly called for that purpose, and upon the filing of a copy of 
 said resolution certified by the proper officers, with the 
 secretary of state, and the filing and recording in the office 
 of the county recorder of the county in which such association 
 is located.  Upon the adoption of such a resolution, sections 
 423.41 to 423.62 shall apply to all accepting associations as 
 fully as though such associations had been formed hereunder, 
 notwithstanding the provisions of any constitution, bylaws, 
 charter provision or ordinance. 

    HIST: 1947 c 624 s 3; 1976 c 181 s 2; 1978 c 720 s 15; 1986 c 
 444 

     423.44 Membership automatic.  

    Every police officer as herein defined shall automatically 
 become a member of the police officers' relief association of 
 any such city upon the completion of any probationary period 
 required under the laws or ordinances of such city and 
 appointment as a regular police officer of such city as defined 
 in section 423.43.  The police officer shall thereupon become 
 subject to the articles of incorporation and bylaws of such 
 association, and shall be entitled to all of the privileges and 
 benefits therein provided for members of the police officers' 
 relief association of such city. 

    HIST: 1947 c 624 s 4; 1986 c 444 

     423.45 Officers; directors; bond. 

    The officers of the relief association shall be a 
 president, one or more vice-presidents, a secretary, and a 
 treasurer.  The offices of assistant secretary and assistant 
 treasurer may be created by the bylaws of any such 
 associations.  The affairs of each association must be managed 
 in accordance with chapter 356A by a board of directors elected 
 in the manner prescribed by the articles of incorporation of the 
 association.  

    The secretary and treasurer of each relief association 
 shall each furnish a corporate bond to the association for the 
 faithful performance of their duties, in such amounts as the 
 association from time to time may determine.  Each relief 
 association shall and is hereby authorized to pay the premiums 
 on such bonds from its special fund.  

    HIST: 1947 c 624 s 5; 1989 c 319 art 8 s 22 

     423.46 Annual report; filing.  

    The secretary and treasurer of every association, prior to 
 the first day of February in each year, shall jointly prepare 
 and sign with the approval of the association's board of 
 directors, a detailed and itemized report of all receipts and 
 expenditures in the association's special fund for the preceding 
 calendar year, showing the sources of said receipts and to whom 
 and for what purpose the money has been paid and expended, and 
 the balance of the fund.  They shall file duplicate original 
 copies thereof with the clerk or city recorder of the city in 
 which the association is located, and with the mayor and the 
 treasurer thereof.  No money shall be paid to a relief 
 association by the city in which the association is located 
 until said report is so filed.  

    HIST: 1947 c 624 s 6 

  423.47 Repealed, 1989 c 277 art 4 s 80 

     423.48 Contribution by members; deduction by treasurer; 
  separation or death. 

    In addition, and only if such tax is levied, the city 
 treasurer, finance commissioner, or other officer charged with 
 the responsibility of the city's finances, shall, each month, 
 deduct from the salary of each police officer of such city 
 subject to the provisions of sections 423.41 to 423.62, four 
 percent of the basic pay of all such police officers of such 
 city, and transfer the total thereof to the treasurer of the 
 special fund of the police officers' relief association, who 
 shall credit said total to the special fund of such association 
 and to the credit of each individual police officer from whose 
 pay said deductions were so made. 

    If a police officer in any such city is separated from the 
 service due to resignation or some reason not involving 
 malfeasance, nonfeasance, moral turpitude, or if separation from 
 such service is caused by injury, death, or other disability, 
 under such circumstances that no pension benefits are payable to 
 the police officer or a surviving spouse or children, the 
 treasurer of the special fund shall return to such police 
 officer, or in case of death, to the heirs, executors, or 
 administrators, all of the amounts so deducted from the police 
 officer's base pay without interest, but less the amount of any 
 disability or other benefits theretofore paid to such police 
 officer. 

    HIST: 1947 c 624 s 8; 1959 c 82 s 2; 1978 c 562 s 20; 1986 c 
 444 

     423.49 Funds; control thereof.  

    Each such relief association shall have full and permanent 
 charge of, and the responsibility for the proper management and 
 control of all funds that may come into its possession, and 
 particularly funds derived from the following sources: 

    (a) Funds derived from the tax levies by the city in which 
 such relief association is located, and interest from the 
 investment thereof.  

    (b) Funds derived from deductions made from the basic pay 
 of members of such relief association.  

    (c) Funds derived from private sources such as gifts, 
 charges, rents, entertainments, dues paid by members, and from 
 other sources.  

    HIST: 1947 c 624 s 9 

     423.50 General fund; special fund.  

    The money received from the various sources shall be kept 
 in two separate and distinct funds, one to be designated as the 
 association special fund, and the other as its general fund.  
 All money received from the city in which the relief association 
 is located, including wage deductions from the basic pay of 
 police officers, shall be deposited in the special fund and 
 shall be expended only for the purposes hereinafter authorized.  
 All money received from other sources shall be deposited in the 
 general fund, and may be expended for any purpose deemed proper 
 by such association.  

    HIST: 1947 c 624 s 10; 1986 c 444 

     423.51 Disbursement from special fund. 

    All moneys received by such relief association and 
 deposited by it in its special fund shall be appropriated and 
 disbursed by each such association only for the following 
 purposes: 

    (a) For the relief of sick, injured and disabled members of 
 the association, their surviving spouses and orphans. 

    (b) For the payment of disability and service pensions to 
 members of such relief associations. 

    (c) For the payment of administrative expenses of the 
 association as authorized pursuant to section 69.80. 

    HIST: 1947 c 624 s 11; 1978 c 562 s 21; 1978 c 690 s 4 

     423.52 Bylaws, specifications and definitions. 

    Each relief association shall in its bylaws define the 
 sickness and disability entitling its members to relief, and 
 specify the amounts thereof, and also specify the amounts to be 
 paid to its disability and service pensioners, and to surviving 
 spouses and children of deceased members, and fix the age limit 
 of children to which pensions may be paid, subject to, and in 
 accordance with, the provisions of sections 423.41 to 423.62. 

    HIST: 1947 c 624 s 12; 1978 c 562 s 22 

     423.53 Sickness or accident of member; allowance.  

    A member of such association who, by reason of sickness or 
 accident, becomes disabled from performing the duties of a 
 police officer in the police department of any such city, shall 
 be entitled to receive from the association during disability, 
 such disability pension as the bylaws of the association may 
 provide, which pension shall in no event, however, be less than 
 $75 per month.  No disability pension shall be paid or allowed 
 by such association unless notice of the disability and 
 application for pension on account thereof, shall be made by or 
 on behalf of the disabled member to the secretary of the 
 association within 90 days after such disability.  

    HIST: 1947 c 624 s 13; 1986 c 444 

     423.54 Disability; allowance.  

    A member of any such relief association entitled to 
 disability pension, as herein defined, shall receive the same 
 from such association for such periods of time, at such times 
 and in such amounts, as the bylaws of the association shall 
 provide, but in no event shall such disability pension be less 
 than $75 per month.  

    HIST: 1947 c 624 s 14 

     423.55 Completion of period of service; age; retirement; 
  service pension.  

    A member of any such association as herein defined, who has 
 completed a period, or periods of service, as a police officer 
 in the police department of any such city, equal to 20 years or 
 more, shall, after arriving at the age of 50 years or more, and 
 retiring from the payroll of the police department of such city, 
 be entitled to a service pension equal to one-half of the 
 monthly base pay of such police officer at the time of 
 retirement from said police department, but in no event shall 
 such pension be less than $75 per month, which pension shall be 
 payable monthly during the term of natural life in conformity 
 with the bylaws of such association.  All leaves of absence of 
 more than 90 days, except such as are granted to a member 
 because of disability due to sickness or accident, shall be 
 excluded in computing the period of service.  No deductions 
 shall be made for a leave of absence granted to a member to 
 enable the member to accept an appointive position in said 
 police department not subject to the provisions of sections 
 423.41 to 423.62.  No member shall be entitled to draw both a 
 disability and a service pension.  

    HIST: 1947 c 624 s 15; 1986 c 444 

     423.56 Member retiring after serving 20 years but has 
  not reached retirement age.  

    A member of such association as herein defined, who has 
 completed a period, or periods of service, as a police officer 
 in the police department of any such city equal to 20 years or 
 more, but has not reached the age of 50 years, shall have the 
 right to retire from the department without forfeiting rights to 
 a service pension.  The member shall, upon application, be 
 placed on the deferred pension roll of the association, and, 
 after the member has reached the age of 50 years, the 
 association shall, upon application therefor, pay the member's 
 pension from the date the application is approved by the 
 association.  

    HIST: 1947 c 624 s 16; 1986 c 444 

     423.57 Service in the armed forces of the United States. 

    In determining the years of service of any such police 
 officer, no deduction shall be made for the period any such 
 police officer shall have been a member of the armed forces of 
 the United States subsequent to entry into the service of the 
 police department, who left the service of such police 
 department to enter the armed forces of the United States, 
 providing such police officer is honorably discharged from the 
 armed forces of the United States, and resumes duties as such 
 within 60 days after such discharge from the armed services of 
 the United States, or within such further period as may be 
 granted by the board of directors of such association within 
 which to resume said duties.  

    HIST: 1947 c 624 s 17; 1986 c 444 

     423.58 Death of pensioner; rights of surviving spouse 
  and children. 

    Subdivision 1.  When a service pensioner, disability 
 pensioner, or deferred pensioner, or an active member of such 
 relief association dies, leaving a surviving spouse, one or more 
 surviving child, or both, such surviving spouse and said child 
 or children shall be entitled to a pension or pensions as 
 follows: 

    (1) To such surviving spouse a pension of not less than $50 
 and not to exceed $100 per month, as the bylaws of such 
 association shall provide, for the surviving spouse's natural 
 life; provided, however, that if the surviving spouse shall 
 remarry, then such pension shall cease and terminate as of the 
 date of the surviving spouse's remarriage. 

    (2) To such child or children, if the surviving spouse of 
 the member is living and has not remarried, a pension of not to 
 exceed $25 per month for each child up to the time each child 
 reaches the age of not less than 16, and not to exceed 18 years 
 of age, which pension and age shall be fixed by the bylaws of 
 such association.  Provided, the total pension hereunder for the 
 surviving spouse and children of said deceased member shall not 
 exceed the sum of $150 per month. 

    (3) A child or children of a deceased member receiving a 
 pension or pensions hereunder shall, after the death or 
 remarriage of the surviving spouse of the member, be entitled to 
 receive a pension or pensions in such amount or amounts as may 
 be fixed by the bylaws of such association, until they reach the 
 age of not less than 16 and not more than 18 years, as the 
 bylaws of each association may provide; but the total amount of 
 such pension or pensions hereunder for any child or children 
 shall not exceed the sum of $150 per month. 

    Subd. 2.    Definitions.  (a) "Surviving spouse" means a 
 person who became the member's legally married spouse during or 
 prior to the time the member was on the payroll of any such 
 police department as a police officer, and remained such 
 continuously after their marriage until the member's death, 
 without having been granted a marriage dissolution or legal 
 separation, and who, in case the deceased member was a service 
 or deferred pensioner, was legally married to the member before 
 the member's retirement from the police department; and who, in 
 any case, was residing with the member at the time of the 
 member's death.  No temporary absence for purposes of business, 
 health or pleasure shall constitute a change of residence for 
 purposes of this clause. 

    (b) "Surviving child" means any child born the issue of the 
 lawful marriage of a service, disability or deferred pensioner, 
 or of a deceased active member.  

    HIST: 1947 c 624 s 18; 1961 c 639 s 4; 1978 c 562 s 23; 1983 c 
 7 s 11 

     423.59 Board of examiners.  

    The relief association shall establish a board of examiners 
 who shall, as and when requested by the association's board of 
 directors, investigate and make report on all applications for 
 disability pension and make recommendations as to the allowance 
 or disallowance thereof; investigate and make report on all 
 disability pensioners, and make recommendations as to the 
 continuance or discontinuance thereof; and investigate and 
 report on all applications for service pensions.  This board 
 shall consist of a competent physician selected by the 
 association, and at least three members of the relief 
 association on active duty with the police department, and a 
 majority vote of the members of the relief association on said 
 board shall constitute its recommendation to the board of 
 directors.  

    HIST: 1947 c 624 s 19 

  423.60 Repealed, 1983 c 38 s 1 

     423.61 Pension exempt from legal process. 

    All payments made or to be made by any such police 
 officers' relief association under any of the provisions of 
 sections 423.41 to 423.62 shall be totally exempt from 
 garnishment, execution, or other legal process, except as 
 provided in section 518.58, 518.581, or 518.6111.  No persons 
 entitled to such payment shall have the right to assign the 
 same, nor shall the association have authority to recognize any 
 assignment, or to pay any sum on account thereof.  Any attempt 
 to transfer any such right or claim, or any part thereof, shall 
 be absolutely void.  

    HIST: 1947 c 624 s 21; 1984 c 547 s 11; 1986 c 444; 1987 c 157 
 s 11; 1997 c 203 art 6 s 92 

     423.62 Rights under workers' compensation not affected. 

    Sections 423.41 to 423.62 shall not be construed as 
 abridging, repealing, or amending the laws of this state 
 relating to the provisions of the law commonly known as the 
 workers' compensation act. 

    HIST: 1947 c 624 s 22; 1975 c 359 s 23 

  423.71-423.775 Repealed, 1992 c 471 art 1 s 20 

     423.801 Definitions. 

    Subdivision 1.  For the purposes of sections 423.801 to 
 423.814 the terms defined in this section have the meanings 
 ascribed to them. 

    Subd. 2.  "Member" means any person who is employed as a 
 police officer, radio engineer or clerk, or any other person who 
 is duly appointed and regularly entered on the police payroll 
 and on active duty.  The term shall not include any person who 
 is employed in subsidized on-the-job training, work experience 
 or public service employment as an enrollee under the federal 
 comprehensive employment and training act from and after March 
 30, 1978 unless the person has as of the later of March 30, 1978 
 or the date of employment sufficient service credit in the 
 relief association to meet the minimum vesting requirements for 
 a deferred service pension, or the city agrees in writing to 
 make the total required employer contributions on account of 
 that individual from revenue sources other than funds provided 
 under the federal comprehensive employment and training act, or 
 the person agrees in writing to make the required employer 
 contribution in addition to the member contribution. 

    Subd. 3.  "Unit" means that fractional part of the monthly 
 salary of a first grade patrol officer for the second month of 
 the previous fiscal year as determined in the articles of 
 incorporation of the association which fractional part shall 
 never be less than 1/90 nor greater than 1/75 of such monthly 
 salary. 

    Subd. 4.  "Disability" means a physical or mental 
 incapacity of a member to perform the duties of an assigned 
 position in the service of the police department. 

    Subd. 5.  "Pensioner" means a former member who has 
 qualified for and is receiving a pension. 

    Subd. 6.  "Deferred pensioner" means a member who has 
 completed not less than 20 years of service and retires before 
 reaching the age of 50 years who is entitled to receive a 
 pension when attaining the age of 50 years, upon a written 
 request therefor. 

    HIST: 1955 c 105 s 1; 1957 c 191 s 1; 1978 c 720 s 16; 1981 c 
 224 s 196; 1986 c 444 

     423.802 Establishment of police relief association. 

    Subdivision 1.  The members of the police department of 
 each city of the second class which was so classified on 
 December 31, 1979 shall organize a police relief association or 
 maintain the relief association now existing. 

    Subd. 2.  This association shall create, maintain, and 
 administer a police pension fund for the benefit of its members, 
 their surviving spouses, and their surviving children. 

    HIST: 1955 c 105 s 2; 1978 c 562 s 24; 1981 c 224 s 197 

     423.803 Incorporation, governing board.  

    The association shall become incorporated.  It shall be 
 governed by a board of eight members.  The mayor, chief of 
 police, and treasurer of the city shall be ex officio members.  
 The other members shall be elected by the members of the 
 association.  Those elected to the first board shall be elected 
 for terms of one, two, three, four, five years respectively; 
 thereafter election shall be for a term of five years.  Each 
 elective member shall hold office until a successor is elected 
 and has qualified.  Any vacancy in the office of an elective 
 member shall be filled by a special election called for that 
 purpose.  Any member so elected shall hold office for the 
 balance of the term for which a predecessor was elected.  

    HIST: 1955 c 105 s 3; 1986 c 444 

     423.804 Regulation.  

    The affairs of the association shall be regulated by its 
 articles of incorporation and bylaws.  

    HIST: 1955 c 105 s 4 

     423.805 Police pension fund. 

    The association shall establish a police pension fund or 
 continue to maintain the police pension fund now existing in the 
 city and shall manage and control the fund.  Fiduciary 
 activities of the fund must be undertaken in a manner consistent 
 with chapter 356A. 

    HIST: 1955 c 105 s 5; 1981 c 224 s 198; 1989 c 319 art 8 s 23 

     423.806 Sources of funds. 

    Subdivision 1.  These funds are derived from the following 
 sources: 

    (a) Gifts made for that purpose; 

    (b) Rewards received by members; 

    (c) Money which comes into the possession of members which 
 remains unclaimed for six months; 

    (d) Proceeds from sales of property which comes into the 
 possession of members and which remains unclaimed for three 
 months, which property shall be sold by the chief of police; 

    (e) Contributions made by members through payroll 
 deduction, the amount of which shall be specified in the bylaws 
 of the relief association; 

    (f) All money derived from taxation, as provided by section 
 69.77; 

    (g) Money in the special fund of the relief association 
 maintained by the association and all interest thereon or gains 
 therefrom; 

    (h) Any other income allowed by law. 

    Subd. 2.  Any surplus remaining in these funds at the close 
 of any fiscal year shall continue therein.  

    HIST: 1955 c 105 s 6; 1967 c 295 s 1; 1981 c 224 s 199; 1991 c 
 199 art 2 s 25 

  423.807 Repealed, 1989 c 277 art 4 s 80 

     423.808 Uses of pension fund. 

    The police pension fund shall be used only for the payment 
 of: 

    (a) service, disability, or dependency pensions; and 

    (b) expenses of administration of the association as 
 authorized pursuant to section 69.80. 

    HIST: 1955 c 105 s 8; 1978 c 690 s 5; 1981 c 224 s 202; 1982 c 
 403 s 1 

     423.809 Pensions, limitations. 

    Subdivision 1.  The association shall grant pensions 
 payable from the police pension fund in monthly installments, in 
 the manner and for the following purposes: 

    (1) Any member of the age of 50 years or more, who performs 
 duty as a member of the police department of the city for 20 
 years or more, upon written application after retiring from 
 duty, shall be paid monthly during the retiring member's 
 lifetime a pension equal to 35 units and an additional unit for 
 each year of service in excess of 20 years, but not to exceed 42 
 units. 

    (2) Any member who performs duty as a member of the police 
 department of the city for 20 years or more who retires from 
 duty before attaining the age of 50 years, upon written 
 application after reaching the age of 50 years shall be paid 
 monthly during the retiring member's lifetime a pension equal to 
 35 units and an additional unit for each year of service in 
 excess of 20 years, but not to exceed 40 units. 

    (3) Any member who, after ten years service but with less 
 than 20 years service with the police department of the city, 
 becomes superannuated so as to be permanently unable to perform 
 the member's duties, shall be paid monthly during the retiring 
 member's lifetime a pension equal to 16 units and an additional 
 two units for each completed year of service over ten years and 
 less than 20 years. 

    (4) Any member not eligible for a service pension who, 
 while a member of the police department of the city, becomes 
 diseased or sustains an injury which permanently unfits the 
 member for the performance of police duties, shall be paid 
 monthly during the disabled member's lifetime a pension equal to 
 36 units while so disabled. 

    Subd. 2.  If a member of the police department of the city 
 is separated from the service under circumstances that no 
 pension benefits are payable to the member or to the member's 
 surviving spouse or to the member's surviving children, the 
 treasurer of the city shall return to the member 75 percent of 
 the amount the member has paid in without interest.  In the 
 event the member is reinstated to police duty all moneys paid to 
 the member shall be returned to the pension fund within six 
 months from the date of the reinstatement.  Failure to do so 
 relieves the association from any liability as to prior years of 
 service credit as of the reinstatement date.  In case of the 
 death of the member, any sums shall be paid to the member's 
 heirs, executors, or administrators. 

    Subd. 3.  In the case of any applicant for a pension 
 pursuant to subdivision 1, clauses (1), (2), or (3), who, 
 following admission to membership in the association has served 
 in the military forces of the United States in any war or 
 national defense emergency subsequent to January 1, 1940, and 
 thereafter returned honorably discharged from such service and 
 resumed membership in the association, the period that the 
 applicant spent in such military service shall be counted in 
 computing period of service required for benefits under this 
 section.  During such period of military service or defense 
 emergency service, any such person is not considered a member of 
 the association and is not entitled to any pension provided by 
 subdivision 1, clauses (3) and (4).  If the member does not 
 return to employment in the police department of the city within 
 one year from the time peace is declared or within one year from 
 the termination of the period of emergency, whichever is the 
 later, the provisions of this subdivision shall not apply. 

    Subd. 4.  No member shall be awarded, granted, or paid a 
 pension pursuant to subdivision 1, clauses (3) and (4), except 
 upon the certificate of two or more physicians or surgeons 
 chosen by the governing board.  This certificate shall set forth 
 the cause, nature, and extent of the disability, disease, or 
 injury of the member.  No member shall be awarded, granted, or 
 paid a pension pursuant to subdivision 1, clause (4), unless the 
 certificate states the disability, disease, or injury.  Each 
 such certificate shall be filed with the association.  

    Subd. 5.  A member who has been finally convicted of a 
 felony is not entitled to any pension.  

    HIST: 1955 c 105 s 9; 1981 c 224 s 203,204; 1986 c 444 

     423.810 Benefits. 

    Subdivision 1.  When a service pensioner, disability 
 pensioner, or deferred pensioner, or an active member of a 
 relief association dies, leaving a surviving spouse, one or more 
 surviving children, or both, the surviving spouse and child, or 
 children, shall be entitled to a pension, or pensions, from the 
 relief association as follows: 

    (a) To the surviving spouse, a pension of 18 units per 
 month, for the surviving spouse's natural life; but if the 
 surviving spouse shall remarry the pension shall cease as of the 
 date of the remarriage. 

    (b) To each surviving child, a pension of six units per 
 month until the child reaches the age of 18 years. 

    The total pensions hereunder for the surviving spouse and 
 children of a deceased member shall not exceed 36 units per 
 month. 

    "Surviving spouse" means a person who was the member's 
 legally married spouse, residing with the member, and who was 
 married during or prior to the time the member was on the 
 payroll of the police department, and who, in case the deceased 
 member was a service or deferred pensioner, was legally married 
 to the member at least one year before the member's retirement 
 from the police department.  "Surviving child" means any child 
 of the deceased member who was living while the deceased member 
 was on the payroll of the police department or was born within 
 ten months after the deceased member was withdrawn from the 
 payroll of the police department and who has not attained the 
 age of 18 years. 

    Subd. 2.  A surviving spouse or child under 18 years of age 
 of any member convicted of a felony shall not be deprived of a 
 pension by reason of the conviction unless the surviving spouse 
 or child was a party to the commission of the felony.  When such 
 member is receiving a pension at the time of conviction, the 
 member's spouse or children under 18 years of age who were not 
 parties to the commission of the felony shall receive the 
 pension provided for herein, in the event of the member's death. 

    Subd. 3.  Any member who becomes disabled from performing 
 duties as a member of the police department of the city by 
 reason of sickness or accident, if off the payroll of the police 
 department, having exhausted all sick leave and other benefits, 
 is entitled to receive from the association during disability 
 such benefits as the bylaws of the association provide, but such 
 benefits shall not extend beyond a six-month period.  The bylaws 
 may provide that such a member shall have completed a minimum 
 number of years of service in order to be entitled to such 
 benefits.  Before any such benefits shall be paid or allowed, 
 notice of the disability and application for benefits on account 
 thereof shall be made to the secretary of the association within 
 90 days after such sickness or disability. 

    HIST: 1955 c 105 s 10; 1978 c 562 s 25,26; 1981 c 224 s 205; 
 1986 c 444 

  423.811 Repealed, 1981 c 233 s 2 

     423.812 Suit for benefits.  

    No person shall sue for any benefits provided in section 
 423.809, subdivision 1, clause (3) or (4), without posting a 
 bond in a sufficient amount to defray the cost to the governing 
 board of defending the action.  In the event the governing board 
 is sustained the portion of the bond necessary to defray these 
 costs shall be forfeited.  

    HIST: 1955 c 105 s 12; 1965 c 51 s 75; 1986 c 444 

     423.813 Payments exempt from process, assignment 
  forbidden. 

    Any payment made by the association under any provision of 
 sections 423.801 to 423.814 is exempt from any legal process, 
 except as provided in section 518.58, 518.581, or 518.6111.  No 
 person entitled to any such payment may assign the same.  The 
 association may not recognize any assignment or pay any sum on 
 account thereof.  

    HIST: 1955 c 105 s 13; 1984 c 547 s 12; 1987 c 157 s 12; 1997 
 c 203 art 6 s 92 

     423.814 Rights of members now receiving pensions.  

    Any member of the association who received a pension for 
 the month of June, 1954, and who is eligible to receive a 
 pension thereafter shall receive a pension each month 
 thereafter, during the time the member is so eligible to receive 
 a pension, equal to not less than 32 units nor more than 35 
 units. 

    HIST: 1955 c 105 s 14; 1986 c 444 

    423.815 Subdivision 1.  Repealed, 1982 c 578 art 1 
 s 19 

    Subd. 2.  Repealed, 1982 c 578 art 1 s 19 

    Subd. 3.  Repealed, 1981 c 224 s 276 

  423.82-423.836 Local, City of St. Paul, Police Pensions 

     423.90 Payment of benefits outside the United States. 

    Notwithstanding any law to the contrary, any police relief 
 association operating pursuant to this chapter, or any 
 applicable special law, may pay a service pension or other 
 retirement benefit to any eligible person who is not a resident 
 of the United States if the person has established an account in 
 a banking institution within the jurisdiction of the district 
 courts of the United States, the banking institution serves as a 
 trustee for the person and the payment of the service pension or 
 retirement benefit is made to the banking institution.  

    HIST: 1981 c 233 s 1