2004 Minnesota Statutes

     3A.04 Survivor benefit. 

    Subdivision 1.    Surviving spouse.  Upon the death of a 
 member of the legislature while serving as such member after 
 June 30, 1973, or upon the death of a former member of the 
 legislature with at least the number of years of service as 
 required by section 3A.02, subdivision 1, clause (1), the 
 surviving spouse shall be paid a survivor benefit in the amount 
 of one-half of the retirement allowance of the member of the 
 legislature computed as though the member were at least normal 
 retirement age on the date of death and based upon allowable 
 service or eight years whichever is greater.  The augmentation 
 provided in section 3A.02, subdivision 4, if applicable, shall 
 be applied to the month of death.  Upon the death of a former 
 legislator receiving a retirement allowance, the surviving 
 spouse shall be entitled to one-half of the amount of the 
 allowance being paid to the legislator.  Such benefit shall be 
 paid during the lifetime of the surviving spouse. 

    Subd. 1a.    Increase in survivor benefits.  Survivor 
 benefits provided in subdivision 1 authorized and in effect on 
 June 3, 1977, shall be increased by 25 percent, effective 
 retroactively to January 1, 1974, or the date the survivor 
 benefit became payable, whichever is later. 

    Subd. 2.    Dependent children.  Upon the death of a 
 member of the legislature while serving as a member, or upon the 
 death of a former member of the legislature who has rendered at 
 least the number of years of service as required by section 
 3A.02, subdivision 1, clause (1) and who was not receiving a 
 retirement allowance, each dependent child of the member or 
 former legislator shall be entitled to receive a survivor 
 benefit in the following amount:  First dependent child, a 
 monthly allowance which equals 25 percent of the monthly 
 retirement allowance of the member of the legislature or former 
 legislator computed as though the member or former legislator 
 had attained at least the normal retirement age on the date of 
 death and based upon the average monthly salary as of the date 
 of death or as of the date of termination, whichever is 
 applicable, and the allowable service or eight years whichever 
 is greater; for each additional dependent child, a monthly 
 allowance which equals 12-1/2 percent of the monthly retirement 
 allowance of the member or former legislator 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 retirement allowance of the 
 member or former legislator computed as in the case of the first 
 child.  The augmentation provided in section 3A.02, subdivision 
 4, if applicable, shall be applied from the first day of the 
 month next following the date of termination of service as a 
 member of the legislature to the month of death.  Upon the death 
 of a former legislator who was receiving a retirement allowance, 
 the surviving dependent child shall be entitled to the 
 applicable percentage specified above of the amount of the 
 allowance which was paid to the former legislator for the month 
 immediately prior to 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 children, if there is 
 one.  

    Subd. 3.    Payment.  The surviving spouse's and 
 dependent children's survivor benefits payable under this 
 section shall be paid by the director monthly in the same manner 
 as retirement allowances are authorized to be paid by this 
 chapter.  

    Subd. 4.    Death refunds.  Upon the death of a member 
 of the legislature or former legislator who was not receiving a 
 retirement allowance, without either a surviving spouse or 
 dependent children, the last designated beneficiary named on a 
 form filed with the director before the death of the legislator, 
 or if no designation is filed, the estate of the member or 
 former legislator, upon application, shall be entitled to a 
 refund plus interest as provided in section 3A.03, subdivision 
 2, clause (2). 

    HIST: 1965 c 896 s 4; 1967 c 877 s 3,4; 1969 c 399 s 1; 1969 c 
 1115 s 2,3; 1971 c 928 s 4-6; 1973 c 653 s 5,6; 1974 c 445 s 
 7,8; 1975 c 368 s 7,8; 1977 c 429 s 1-3; 1978 c 796 s 8,9; 1980 
 c 614 s 38,39; 1981 c 224 s 5-8,274; 1986 c 444; 1989 c 319 art 
 11 s 13; 1991 c 269 art 2 s 1; 1996 c 438 art 1 s 1