2000 Minnesota Statutes

     424.24 Pensions to 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 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 $25, 
 and not to exceed $50 per month; provided that the bylaws of a 
 relief association in a city of second class situated in a 
 county in which there is also a city of first class may provide 
 for a pension of not more than a sum equal to 40 percent of the 
 monthly salary of a firefighter of the highest grade (not 
 including officers of the department) in the employ of the 
 municipality from time to time during the period of the pension 
 payment, as the bylaws of the association provide for the 
 natural life of the surviving spouse; provided, that if the 
 surviving spouse shall remarry, such pension shall cease and 
 terminate as of the date of remarriage. 

    (b) To such child or children, if the surviving spouse of 
 the member is living, a pension of not to exceed $15 per month; 
 provided that the bylaws of a relief association in a city of 
 second class situated in a county in which there is also a city 
 of first class may provide for a pension of not more than a sum 
 equal to five percent of the monthly salary of a firefighter of 
 the highest grade (not including officers of the department) in 
 the employ of the municipality from time to time during the 
 period of the pension payment, for each child up to the time 
 each child reaches the age of not less than 16, and not to 
 exceed an age of 18 years, in conformity with the bylaws of each 
 association; provided, the total pension hereunder for the 
 surviving spouse and children of the deceased member shall not 
 exceed the sum of $75 per month; provided that the bylaws of a 
 relief association in a city of second class situated in a 
 county in which there is also a city of first class may provide 
 for a pension of not more than a sum equal to 50 percent of the 
 monthly salary of a firefighter of the highest grade (not 
 including officers of the department) in the employ of the 
 municipality from time to time during the period of the pension 
 payment. 

    (c) A child or children of a deceased member receiving a 
 pension or pensions hereunder shall, after the death of the 
 surviving spouse of the member, be entitled to receive a pension 
 or pensions in the amount or amounts 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, as the bylaws of each association 
 may provide; but the total amount of such pension or pensions 
 hereunder for any such child or children shall not exceed the 
 sum of $75 per month; provided that the bylaws of a relief 
 association in a city of second class situated in a county in 
 which there is also a city of first class may provide for a 
 pension of not more than a sum equal to 50 percent of the 
 monthly salary of a firefighter of the highest grade (not 
 including officers of the department) in the employ of the 
 municipality from time to time during the period the pension 
 payment is payable. 

    Subd. 2.  (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 fire department as a 
 firefighter, 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 for at least one year prior to the member's 
 retirement from the fire 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 of the member living 
 while the deceased member was on the payroll of the fire 
 department, or who were born within nine months after the 
 deceased member was withdrawn from the payroll of the fire 
 department. 

    HIST: 1941 c 267 s 24; 1957 c 179 s 4; 1977 c 429 s 63; 1978 c 
 562 s 29; 1984 c 574 s 15