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Minnesota Legislature

Office of the Revisor of Statutes

352C.04 Spouse's and dependent children's survivor benefits.

Subdivision 1. Surviving spouse benefit. Upon the death of a constitutional officer while actively serving in office, or a former constitutional officer with at least eight years of allowable service, the surviving spouse is entitled to a survivor benefit in the amount of one-half of the retirement allowance of the constitutional officer or the former constitutional officer computed as though the constitutional officer or the former constitutional officer were at least age 62 on the date of death and based upon the attained allowable service or eight years, whichever is greater. The augmentation provided in section 352C.033, if applicable, shall be applied to the month of death. Upon the death of a former constitutional officer receiving a retirement allowance, the surviving spouse shall be entitled to one-half of the amount of the retirement allowance being paid to the former constitutional officer as of the date of death. The benefit shall be paid to a surviving spouse eligible therefor during the remainder of the spouse's natural life.

Subd. 2. Repealed, 1976 c 329 s 36

Subd. 2a. Surviving dependent child benefit. Upon the death of a constitutional officer while serving in office, or a former constitutional officer with at least eight years of allowable service, each dependent child shall be paid a survivor benefit in the following amount: First dependent child, a monthly benefit which equals 25 percent of the monthly retirement allowance computed as though the constitutional officer or the former constitutional officer were at least age 62 on the date of death and based upon the attained allowable service or eight years, whichever is greater; for each additional dependent child or a monthly benefit which equals 12-1/2 percent of the monthly retirement allowance computed as in the case of the first child; but the total amount paid to the surviving spouse and dependent children shall not exceed in any one month 100 percent of the monthly allowance of the constitutional officer or the former constitutional officer computed as in the case of the first child. The augmentation provided in subdivision 1, if applicable, shall be applied to the month of death. Upon the death of a former constitutional officer receiving a retirement allowance, the surviving dependent child shall be entitled to the applicable percentage of the amount of the retirement allowance being paid as of the date of death. The payments for dependent children shall be made to the surviving spouse or the guardian of the estate of the dependent child, if there is one. A posthumous child qualifies as a dependent child for benefits provided herein from the date of its birth.

Subd. 2b. Repealed, 1976 c 329 s 36

Subd. 3. Payment interval. Spouse's and dependent children's survivor benefits, payable under this section, shall be paid monthly by the executive director of the Minnesota State Retirement System.

Subd. 4. Application for survivor benefits. A surviving spouse or a guardian of the estate of the dependent child or children entitled to the payment of benefits under this section shall file an application for the benefit with the director, and payment shall commence as of the first day of the month next following the filing of the application and shall be retroactive to the first of the month following the death of the constitutional officer or the former constitutional officer; provided, however, that no payment shall be retroactive for more than 12 months prior to the month in which the application is filed with the director. Such benefits shall be paid on the first day of each calendar month for that month. The surviving spouse benefit shall cease with the payment for the month in which the surviving spouse dies. The dependent child's benefit shall cease with the payment for the month in which the child no longer qualifies for payment as a dependent child.

HIST: 1967 c 700 s 4; 1969 c 399 s 1; 1969 c 1115 s 5; 1971 c 928 s 8-10; 1974 c 445 s 13; 1976 c 329 s 6,7; 1978 c 796 s 16-18; 1980 c 614 s 139; 1981 c 224 s 67; 1986 c 444; 1991 c 269 art 2 s 3,4; 1993 c 307 art 1 s 31