2006 Minnesota Statutes

353A.081 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION POLICE AND FIRE
CONSOLIDATION ACCOUNT COVERAGE ELECTION AUTHORITY.
    Subdivision 1. Entitlement. In addition to coverage selection periods in section 353A.08,
subdivisions 3 and 4 , the surviving spouse of a member of a public employee retirement
association consolidation account who is killed in the line of duty is eligible to make an election of
coverage indicated in subdivision 2. If there is no surviving spouse, the legal guardian of the oldest
dependent child under the age of 18 is eligible to make an election of coverage under subdivision
2. If there are no surviving dependent children under age 18, then the oldest dependent child who
is age 18 to 23 and who is enrolled full time in an accredited postsecondary educational institution
is eligible to make the election. A refund may be paid to a designated beneficiary only if:
(1) there are no survivors entitled to benefits under this subdivision; or
(2) the surviving spouse and dependent children, who are between age 18 to 23, permanently
waive their rights to benefits in writing and the benefits of dependent children under 18 are
waived under a district court order.
    Subd. 2. Election of coverage. Individuals eligible under subdivision 1 may elect, on a form
prescribed by the executive director of the Public Employees Retirement Association, to have
survivor benefits calculated under the relevant provisions of the public employees police and fire
fund benefit plan or to have survivor benefits calculated under the relief association benefit plan.
The relevant provisions of the public employee police and fire fund benefit plan for the person
electing that benefit coverage are the relevant provisions of the public employee police and
fire fund benefit plan applicable to survivor benefits, including participation in the Minnesota
postretirement investment fund.
If the election results in an increased benefit amount to the surviving spouse eligible under
subdivision 1, or to eligible children if there is no surviving spouse, the increased benefit accrues
as of the date on which the survivor benefits payable to the survivors from the consolidation
account were first paid. The back payment of any increase in prior benefit amounts, plus any
postretirement adjustments payable under section 356.41, or any increase payable under the local
relief association bylaws is payable as soon as practicable after the effective date of the election.
History: 1991 c 172 s 1