2006 Minnesota Statutes

CHAPTER 353B. LOCAL RELIEF ASSOCIATION BENEFIT PLANS

353B.01 LOCAL RELIEF ASSOCIATION BENEFIT PLANS; APPLICATION.
The provisions of this chapter shall govern the benefit coverage and payment of benefits
of any person who was a member of a local relief association consolidating with the public
employees police and fire fund as provided in sections 353A.01 to 353A.10 and who elects to
retain benefit coverage in the local relief association benefit plan as provided in section 353A.08.
History: 1987 c 296 s 18

353B.02 DEFINITIONS.
    Subdivision 1. Terms. Unless the language or content clearly indicates otherwise, each of
the following terms shall have the meaning ascribed to it in this section.
    Subd. 2. Accumulated contributions. "Accumulated contributions" means the amount of
member contributions to the credit of a covered employee made before the effective date of the
consolidation as indicated in the records of the consolidating local relief association transferred to
the public employees police and fire fund and the amount of member contributions made by the
covered employee after the effective date of the consolidation.
    Subd. 3. Allowable service. "Allowable service" means any service rendered by a covered
employee before the effective date of the consolidation as indicated in the records of the
consolidating local relief association transferred to the public employees police and fire fund and
any service rendered by a covered employee as a police officer or a firefighter, whichever applies,
in the municipality in which the local relief association is located.
    Subd. 4. Covered employee. "Covered employee" means a person who elects to retain
benefit coverage in the local relief association benefit plan under section 353A.08 and who
remains employed in the position of a police officer or firefighter, whichever applies, after the
effective date of the consolidation.
    Subd. 5. Disability. "Disability" means the inability by virtue of any medically determinable
injury or illness to perform the employment duties of a police officer or firefighter, whichever
applies, in the municipality in which the consolidating relief association was located.
    Subd. 6. Fund. "Fund" means the public employees police and fire fund established by and
operating under chapter 353.
    Subd. 7. Prior service. "Prior service" means any period of military service rendered in
between periods of service as a police officer or firefighter, whichever applies, in the municipality
in which the consolidating relief association was located.
    Subd. 8. Retired member. "Retired member" means any person who is receiving a service
pension or disability benefit following termination of active employment as a police officer or
firefighter, whichever applies, in the municipality in which the consolidating relief association
was located.
    Subd. 9. Retirement. "Retirement" means the period following the termination of active
employment as a police officer or firefighter, whichever applies, in the municipality in which the
consolidating relief association was located and commencement of the payment of a service
pension or disability benefit to the person.
    Subd. 10. Salary. (a) "Salary" under this chapter is subject to the limitations of section
356.611.
(b) "Salary" for benefit computation and contribution purposes means the salary of a first
class or first grade firefighter or patrol officer, whichever applies, for the former members of the
following consolidating relief associations:
(1) Anoka Police Relief Association;
(2) Austin Firefighters Relief Association;
(3) Austin Police Relief Association;
(4) Columbia Heights Fire Department Relief Association, Paid Division;
(5) Fairmont Police Benefit Association;
(6) Faribault Fire Department Relief Association;
(7) Mankato Fire Department Relief Association;
(8) Minneapolis Fire Department Relief Association;
(9) Minneapolis Police Relief Association;
(10) Richfield Fire Department Relief Association;
(11) Rochester Fire Department Relief Association;
(12) Rochester Police Relief Association;
(13) St. Cloud Fire Department Relief Association;
(14) St. Cloud Police Relief Association;
(15) St. Paul Fire Department Relief Association;
(16) South St. Paul Firefighters Relief Association;
(17) West St. Paul Firefighters Relief Association;
(18) West St. Paul Police Relief Association; and
(19) Winona Fire Department Relief Association.
(c) "Salary" for benefit computation purposes means the salary of a first grade patrol officer
for the second month of the previous fiscal year and for contribution purposes means the current
salary of a first grade patrol officer, for the former members of the following consolidating relief
associations:
(1) Bloomington Police Relief Association;
(2) Crystal Police Relief Association;
(3) Fridley Police Pension Association;
(4) Richfield Police Relief Association;
(5) St. Louis Park Police Relief Association; and
(6) Winona Police Relief Association.
(d) "Salary" for benefit computation purposes means the final salary and for contribution
purposes means the current salary for the former members of the following consolidating relief
associations:
(1) Albert Lea Firefighters Relief Association;
(2) Albert Lea Police Relief Association;
(3) Buhl Police Relief Association;
(4) Chisholm Firefighters Relief Association;
(5) Crookston Fire Department Relief Association;
(6) Crookston Police Relief Association;
(7) Faribault Police Benefit Association;
(8) Red Wing Police Relief Association; and
(9) Virginia Fire Department Relief Association.
(e) "Salary" for benefit computation purposes means the average earnings or salary for the
final six months of employment before retirement and for contribution purposes means the current
salary for the former members of the following consolidating relief associations:
(1) Chisholm Police Relief Association;
(2) Hibbing Firefighters Relief Association; and
(3) Hibbing Police Relief Association.
(f) "Salary" for benefit computation purposes means the greater of the final salary at
retirement or the highest salary of a patrol officer and for contribution purposes means the greater
of the current salary or the current highest salary of a patrol officer for the former members of the
following consolidating relief associations:
(1) Brainerd Police Benefit Association; and
(2) New Ulm Police Relief Association.
(g) "Salary" for benefit computation and contribution purposes means the following for the
former members of the consolidating relief associations as indicated:
(1) salary of a top grade patrol officer, including longevity pay and education incentive pay
in an amount not to exceed $235 per month, Columbia Heights Police Relief Association;
(2) maximum pay of a firefighter, including overtime payments for a regular workweek of
a firefighter mandated by the federal Fair Labor Standards Act of 1938, as amended, Duluth
Firefighters Relief Association;
(3) salary of a first class patrol officer with 16 years of service, Duluth Police Pension
Association;
(4) base salary for the rank currently held, plus longevity pay, pay for eligibility for next
higher rank and pay for first aid care, Mankato Police Benefit Association;
(5) average annual salary for highest three paid years for benefit computation purposes and
current salary for contribution purposes, Red Wing Fire Department Relief Association;
(6) pay of the highest grade full-time firefighter, St. Louis Park Fire Department Relief
Association;
(7) maximum monthly pay of a patrol officer, St. Paul Police Relief Association;
(8) prevailing base pay of rank held at retirement for benefit computation purposes and
current salary for contribution purposes, South St. Paul Police Relief Association; and
(9) prevailing pay for rank held for at least six months before retirement for benefit
computation purposes and current salary for contribution purposes, Virginia Police Relief
Association.
    Subd. 11. Salary base. "Salary base" means the salary amount as defined in subdivision 10
to which a specified percentage rate or rates shall be applied in determining a service pension,
disability benefit, or survivor benefit.
    Subd. 12. Year of allowable service. "Year of allowable service" means any 12 calendar
months, not necessarily consecutive, in which a member of a consolidating relief association
received compensation for being a police officer or firefighter, whichever applies, from the
municipality in which the consolidating relief association was located and was eligible to credit
for service.
History: 1987 c 296 s 19; 1993 c 126 art 2 s 1; 1994 c 474 art 2 s 1; 1Sp2005 c 8 art 1 s 15

353B.03 COVERAGE AND TERMINATION OF COVERAGE.
Any person who was a member of a consolidating relief association and who is a police
officer or firefighter, whichever applies, in the municipality in which the consolidating relief
association was located on or after the effective date of consolidation shall be eligible for the
applicable benefit coverage provided for in this chapter.
Upon termination of active employment in the position which gave rise to the eligibility of
the person for coverage by this chapter, that eligibility for benefit coverage shall terminate.
History: 1987 c 296 s 20

353B.04 ADMINISTRATION.
The benefit coverage under this chapter shall be administered by the Public Employees
Retirement Association. Unless otherwise specified and where not inconsistent with a provision
of this chapter, the provisions of chapter 353 shall govern in the administration of this chapter.
History: 1987 c 296 s 21

353B.05 LOCAL RELIEF ASSOCIATION ACCOUNTS WITHIN FUND.
    Subdivision 1. Accounts. The local relief association consolidation accounts are governed
by section 353A.09.
    Subd. 2. Member contribution rates. (a) Except as provided in paragraph (b), the member
contribution rate for all consolidating local relief association members shall be eight percent
of salary.
(b) The member contribution rate shall be the following for the former members of the
consolidating relief associations as indicated:
(1) The Federal Insurance Contribution Act percentage amount plus four percent applied to
salary equal to or less than the Federal Social Security Act taxable wage base and four percent
applied to salary in excess of the Federal Social Security Act taxable wage base, Mankato Fire
Department Relief Association, and Mankato Police Benefit Associations;
(2) 8.75 percent of salary, New Ulm Police Relief Association; and
(3) 8.25 percent of salary, St. Cloud Police Relief Association.
    Subd. 3. Account disbursement restricted. A local relief association consolidation account
shall be disbursed only for the purposes provided in sections 353A.01 to 353A.10 and this
chapter. The amounts necessary to make authorized disbursements from a local relief association
consolidation account are annually appropriated.
History: 1987 c 296 s 22

353B.06 TREASURER OF ACCOUNTS; INVESTMENT.
    Subdivision 1. Commissioner of finance. The commissioner of finance is the ex officio
treasurer of the accounts as provided in section 353.05.
    Subd. 2. Investment. The assets of the account shall be invested by the State Board of
Investment as provided in section 353.06.
History: 1987 c 296 s 23; 2003 c 112 art 2 s 50

353B.07 SERVICE PENSIONS.
    Subdivision 1. Age and service eligibility requirements. (a) Except as provided in
paragraph (b), upon termination of active employment as a police officer or firefighter, whichever
applies, in the city in which the consolidating local relief association was located, a person who
was a member of a consolidating local relief association who has attained the age of at least
50 years and who has credit for at least 20 years of allowable service shall be entitled upon
application to receive a service pension.
(b) The age and service eligibility requirements upon termination of active employment as a
police officer or firefighter, whichever applies, in the city in which the consolidating local relief
association was located for entitlement upon application for the receipt of a service pension shall
be the following for the former members of the consolidating relief associations as indicated:
(1) attainment of the age of 55 years and the acquisition of credit for at least 20 years
of allowable service, Chisholm Firefighters Relief Association and Chisholm Police Relief
Association;
(2) attainment of the age of 60 years and the acquisition of credit for at least 20 years of
allowable service, Crookston Fire Department Relief Association;
(3) attainment of the age of 50 years and the acquisition of credit for at least ten years of
allowable service, Crookston Police Relief Association;
(4) attainment of the age of 50 years and the acquisition of credit for at least ten years of
allowable service, Fridley Police Pension Association;
(5) attainment of the age of 55 years and the acquisition of credit for at least 20 years of
allowable service, Hibbing Firefighters Relief Association and Hibbing Police Relief Association;
(6) attainment of the age of 50 years if first employed before January 1, 1968, or of the age of
55 years if first employed after December 31, 1967, and the acquisition of credit for at least 20
years of allowable service, Richfield Fire Department Relief Association;
(7) attainment of the age of 55 years and the acquisition of credit for at least 20 years of
allowable service credit, Richfield Police Relief Association;
(8) attainment of the age of 50 years if first employed prior to July 1, 1969, or of the age
of 55 years if first employed after June 30, 1969, and the acquisition of credit for at least 20
years of allowable service, Rochester Fire Department Relief Association and Rochester Police
Relief Association; and
(9) attainment of the age of 55 years and the acquisition of credit for at least 20 years of
allowable service, West St. Paul Firefighters Relief Association.
    Subd. 2. Service pension. The service pension shall be the formula percentage rate or rates
specified in subdivision 4 applied to the salary base cited in section 353B.02, subdivision 11.
    Subd. 3. Formula percentage rate. (a) The formula percentage rate shall be 2.333 percent
per year of allowable service for each of the first 20 years of allowable service, 1.333 percent
per year of allowable service for each year of allowable service in excess of 20 years but not in
excess of 27 years, and .5 percent for each year of allowable service in excess of 25 years for the
former members of the following consolidating relief associations:
(1) Rochester Fire Department Relief Association;
(2) Rochester Police Relief Association;
(3) St. Cloud Fire Department Relief Association;
(4) St. Cloud Police Relief Association;
(5) St. Louis Park Police Relief Association; and
(6) Winona Police Relief Association.
(b) The formula percentage rate shall be 2.5 percent per year of allowable service for each
of the first 20 years of allowable service for the former members of the following consolidating
relief associations:
(1) Albert Lea Police Relief Association;
(2) Anoka Police Relief Association;
(3) Faribault Fire Department Relief Association;
(4) Faribault Police Benefit Association;
(5) Mankato Police Benefit Association;
(6) Red Wing Police Relief Association; and
(7) West St. Paul Police Relief Association.
(c) The formula percentage rate shall be 2.5 percent per year of allowable service for
each of the first 20 years of allowable service and .5 percent per year of allowable service for
each year of service in excess of 25 years of allowable service for the former members of the
following consolidating relief associations:
(1) Austin Firefighters Relief Association;
(2) Austin Police Relief Association;
(3) South St. Paul Firefighters Relief Association;
(4) South St. Paul Police Relief Association; and
(5) Virginia Police Relief Association.
(d) The formula percentage rate shall be 2.1875 percent per year of allowable service for each
of the first 20 years of allowable service and 1.25 percent per year of allowable service for each
year of allowable service in excess of 20 years of allowable service but not in excess of 27 years
of allowable service for the former members of the Columbia Heights Police Relief Association.
(e) The formula percentage rate shall be 2.65 percent per year of allowable service for
each of the first 20 years of allowable service and an additional annual benefit of $120 per year
of allowable service in excess of 20 years of allowable service but not in excess of 25 years of
allowable service for the former members of the following consolidating relief associations:
(1) Hibbing Firefighters Relief Association; and
(2) Hibbing Police Relief Association.
(f) The formula percentage rate or rates shall be the following for the former members of the
consolidating relief associations as indicated:
(1) 2.5 percent per year of allowable service for each of the first 20 years of allowable
service, one percent per year of allowable service in excess of 20 years of allowable service but
not more than 25 years of allowable service, and 1.5 percent per year of allowable service in
excess of 25 years of allowable service, Albert Lea Firefighters Relief Association;
(2) 2.5333 percent per year of allowable service for each of the first 20 years of allowable
service and 1.3333 percent per year of allowable service in excess of 20 years of allowable
service, but not in excess of 27 years of allowable service, if service as an active member
terminated before January 31, 1994, and 2.3333 percent per year of allowable service for each
of the first 20 years of allowable service and 1.3333 percent per year of allowable service for
each year of allowable service in excess of 20 years of allowable service, but not in excess of
27 years of allowable service if service as an active member terminated on or after January 31,
1994, Bloomington Police Relief Association;
(3) the greater of 2.5 percent per year of allowable service for each of the first 20 years of
allowable service applied to the final salary base, or two percent per year of allowable service for
each of the first 20 years of allowable service applied to top grade patrol officer's salary base,
Brainerd Police Relief Association;
(4) 4.25 percent per year of allowable service for each of the first 20 years of allowable
service and an additional benefit of $10 per month per year of allowable service in excess
of 20 years of allowable service but not more than 25 years of allowable service, Buhl Police
Relief Association;
(5) 2.5 percent per year of allowable service for each of the first 20 years of allowable
service and an additional benefit of $5 per month per year of allowable service in excess of 20
years of allowable service but not more than 25 years of allowable service, Chisholm Firefighters
Relief Association;
(6) 2.5 percent per year of allowable service for each of the first 20 years of allowable service
and an additional benefit of $5 per month per year of allowable service in excess of 20 years of
allowable service but not more than 25 years of allowable service and .5 percent per year of
allowable service in excess of 25 years of allowable service, Chisholm Police Relief Association;
(7) 2.1875 percent per year of allowable service for each year of the first 20 years of
allowable service, 1.25 percent per year of allowable service in excess of 20 years of allowable
service but not more than 25 years of allowable service and 1.75 percent per year of allowable
service in excess of 25 years of allowable service, Columbia Heights Fire Department Relief
Association, Paid Division;
(8) 2.5 percent per year of allowable service for each year of the first 20 years of allowable
service and 1.5 percent per year of allowable service rendered after attaining the age of 60 years,
Crookston Fire Department Relief Association;
(9) 2.5 percent per year of allowable service for each year of the first 30 years of allowable
service, Crookston Police Relief Association;
(10) 2.25 percent per year of allowable service for each year of the first 20 years of allowable
service and 1.25 percent per year of allowable service in excess of 20 years of allowable service,
but not more than 27 years of service, Crystal Police Relief Association;
(11) 1.99063 percent per year of allowable service for each year of the first 20 years of
allowable service, 1.25 percent for the 21st year of allowable service, and 2.5 percent per year
of allowable service in excess of 21 years of allowable service but not more than 25 years of
allowable service, Duluth Firefighters Relief Association;
(12) 1.9875 percent per year of allowable service for each year of the first 20 years of
allowable service, 1.25 percent for the 21st year of allowable service, and 2.5 percent per year
of allowable service in excess of 21 years of allowable service but not more than 25 years of
allowable service, Duluth Police Relief Association;
(13) 2.5 percent per year of allowable service for each year of the first 20 years of allowable
service, and two percent per year of allowable service in excess of 20 years but not more than
25 years of allowable service and not to include any year of allowable service rendered after
attaining the age of 55 years, Fairmont Police Benefit Association;
(14) two percent per year of allowable service for each year of the first ten years of allowable
service, 2.67 percent per year of allowable service in excess of ten years of allowable service but
not more than 20 years of allowable service and 1.3333 percent per year of allowable service
in excess of 20 years of service but not more than 27 years of allowable service, Fridley Police
Pension Association;
(15) 2.5 percent per year of allowable service for each year of the first 20 years of allowable
service and an additional annual amount of $30 per year of allowable service in excess of 20 years
of allowable service but not more than 30 years of allowable service, Mankato Fire Department
Relief Association;
(16) for members who terminated active service as a Minneapolis firefighter before June 1,
1993, 2.0625 percent per year of allowable service for each year of the first 20 years of allowable
service, 1.25 percent per year of allowable service in excess of 20 years of allowable service but
not more than 24 years of allowable service and five percent for the 25th year of allowable service,
and for members who terminated active service as a Minneapolis firefighter after May 31, 1993,
two percent for each year of the first 19 years of allowable service, 3.25 percent for the 20th year
of allowable service, and two percent per year of allowable service in excess of 20 years of service,
but not more than 25 years of allowable service, Minneapolis Fire Department Relief Association;
(17) two percent per year of allowable service for each year of the first 25 years of allowable
service, Minneapolis Police Relief Association;
(18) the greater of 2.5 percent per year of allowable service for each of the first 20 years of
allowable service applied to the final salary base, or two percent per year of allowable service for
each of the first 20 years of allowable service applied to highest patrol officer's salary base plus .5
percent of the final salary base per year of allowable service for each of the first three years of
allowable service in excess of 20 years of allowable service, New Ulm Police Relief Association;
(19) two percent per year of allowable service for each of the first 25 years of allowable
service and 1.5 percent per year of allowable service in excess of 25 years of allowable service,
Red Wing Fire Department Relief Association;
(20) 2.75 percent per year of allowable service for each of the first 20 years of allowable
service, Richfield Fire Department Relief Association;
(21) 2.4 percent per year of allowable service for each of the first 20 years of allowable
service and 1.3333 percent per year of allowable service in excess of 20 years of allowable service
but not more than 27 years of allowable service, Richfield Police Relief Association;
(22) for a former member with less than 20 years of allowable service on June 16, 1985, 2.6
percent, and for a former member with 20 or more years of allowable service on June 16, 1985,
2.6175 percent for each of the first 20 years of allowable service and, for each former member,
one percent for each year of allowable service in excess of 20 years, but no more than 30 years,
St. Louis Park Fire Department Relief Association;
(23) 1.9375 percent per year of allowable service for each of the first 20 years of allowable
service, 2.25 percent per year of allowable service in excess of 20 years of allowable service but
not more than 25 years of allowable service, and .5 percent per year of allowable service in excess
of 25 years of allowable service, St. Paul Fire Department Relief Association;
(24) two percent per year of allowable service for each of the first 25 years of allowable
service and .5 percent per year of allowable service in excess of 25 years of allowable service,
St. Paul Police Relief Association;
(25) 2.25 percent per year of allowable service for each of the first 20 years of allowable
service and one percent per year of allowable service in excess of 20 years but not more than
25 years of allowable service and .5 percent per year of allowable service in excess of 25 years,
Virginia Fire Department Relief Association;
(26) two percent per year of allowable service for each of the first 20 years of allowable
service, one percent per year of allowable service in excess of 20 years but not more than 24 years
of allowable service, three percent for the 25th year of allowable service and one percent per year
of allowable service in excess of 25 years of allowable service but not more than 30 years of
allowable service, West St. Paul Firefighters Relief Association; and
(27) 2.333 percent for each of the first 20 years of allowable service, 1.333 percent for each
year of allowable service in excess of 20 years but no more than 28 years, and .5 percent for each
year of allowable service in excess of 25 years, Winona Fire Department Relief Association.
    Subd. 4. Application. The application for a service pension shall be made in writing on a
form prescribed by the executive director of the Public Employees Retirement Association by
the person entitled to the service pension, or by a person authorized to act on the behalf of that
person, and shall be accompanied by appropriate substantiation in writing of the age of the person
entitled to the service pension.
    Subd. 5. Accrual. A service pension governed by this section shall accrue as provided in
section 353.29, subdivision 7.
    Subd. 6. Payment. Payment of a service pension governed by this section shall be made in
accordance with section 353.29, subdivision 8.
    Subd. 7. Reemployment of service pensioner. The reemployment of a person receiving a
service pension governed by this section by the municipality in which the consolidating local
relief association was located or any governmental subdivision as that term is defined in section
353.01, subdivision 6, shall not effect the amount of the service pension.
History: 1987 c 296 s 24; 1993 c 125 art 2 s 1; 1993 c 202 art 2 s 1; 1994 c 590 art 2 s 1;
1997 c 241 art 2 s 2

353B.08 DISABILITY BENEFITS.
    Subdivision 1. Duty disability eligibility requirements. (a) For any former member of
a consolidating relief association, upon termination of active employment as a police officer
or firefighter, whichever applies, in the municipality in which the consolidating local relief
association was located, any person who was a member of a consolidating local relief association
who is not entitled to a service pension, who becomes disabled from an injury or illness arising
out of or in the course of the line of duty shall be entitled upon application to receive a duty
disability benefit.
(b) The additional requirement of the acquisition of credit for at least one month of allowable
service credit shall apply for former members of the Winona Fire Department Relief Association.
    Subd. 2. Nonduty disability eligibility requirements. (a) For any former member of a
consolidating relief association, upon termination of active employment as a police officer
or firefighter, whichever applies, in the municipality in which the consolidating local relief
association was located, any person who was a member of a consolidating local relief association,
who is not entitled to a service pension, who becomes disabled from an injury or illness which
does not arise out of or does not occur in the course of the line of duty shall be entitled upon
application to receive a nonduty disability benefit.
(b) The following additional requirement shall apply for the former members of the
consolidating relief associations as indicated:
(1) the acquisition of credit for at least ten years of allowable service credit, Chisholm
Firefighters Relief Association; and
(2) the acquisition of credit for at least one month of allowable service credit, Winona
Fire Department Relief Association.
    Subd. 2a. Classes of disabilities in certain instances. (a) Except as specified in paragraph
(b), there shall be no classes of disabilities or disability benefits for former members of
consolidating relief associations.
(b) The classes for disabilities and disability benefits shall be the following for the former
members of the consolidating relief associations as indicated:
(1) A first class disability shall be a total inability to engage in any gainful employment
resulting from any medically determinable injury or illness, a second class disability shall be an
inability to engage in any gainful employment resulting from any medically determinable injury
or illness which is greater than a 50 percent inability and less than a total inability, and a third class
disability shall be an inability to engage in any gainful employment resulting from any medically
determinable injury or illness which is less than a 50 percent inability but is an inability to perform
the duties of a firefighter in the municipality, Hibbing Firefighters Relief Association; and
(2) A disability shall be an inability to perform the duties of a firefighter in the municipality
resulting from any medically determinable injury or illness, with a first class disability additionally
requiring an inability to perform any manual labor, a second class disability additionally
encompassing a disability less severe than a first class disability allowing for the performance
of light manual labor or office work, and a third class disability additionally encompassing a
disability less severe than a second class disability allowing for the performance of manual labor
which is less strenuous or demanding than light manual labor, Minneapolis Fire Department
Relief Association.
    Subd. 3. Application. Every claim or demand for a disability benefit shall be initiated by
a written application on a form prescribed by the executive director of the Public Employees
Retirement Association which shall be accompanied by medical evidence to support the claimed
disability.
    Subd. 4. Medical evidence; benefit eligibility; determination. The medical basis for the
claimed disability and the eligibility for a disability benefit shall be evaluated by the medical
adviser for the Public Employees Retirement Association. If the submitted medical evidence is not
conclusive to establish the claimed disability and eligibility for a disability benefit, the medical
adviser shall notify the executive director of the Public Employees Retirement Association of
that situation and the executive director shall undertake referral of the applicant to the applicable
medical consultants for examination and medical recommendation. The recommendation of the
medical adviser and that of any medical consultants shall be reviewed by the executive director. If
there is sufficient evidence of the claimed disability and eligibility for a disability benefit, the
executive director of the Public Employees Retirement Association shall grant the person the
disability benefit. An appeal of any adverse determination may be made to the board of the
Public Employees Retirement Association.
    Subd. 5. Benefit accrual. The benefit shall accrue from the first day of the month next
following the commencement of the disability or the first day of the month next following the
date on which any sick leave, annual leave, or salary continuation payments cease.
    Subd. 6. Duty disability benefit amount. (a) The duty disability benefit shall be an amount
equal to the service pension amount to which the person would have been entitled if the person
had credit for the greater of actual years of allowable service or 20 years of allowable service,
had attained the minimum age for the receipt of a service pension, and had applied for a service
pension rather than a disability benefit for the former members of the following consolidating
relief associations:
(1) Albert Lea Firefighters Relief Association;
(2) Albert Lea Police Relief Association;
(3) Anoka Police Relief Association;
(4) Austin Police Relief Association;
(5) Buhl Police Relief Association;
(6) Chisholm Police Relief Association;
(7) Duluth Police Relief Association;
(8) Faribault Fire Department Relief Association;
(9) Mankato Police Benefit Association;
(10) Minneapolis Police Relief Association;
(11) New Ulm Police Relief Association;
(12) Red Wing Police Relief Association;
(13) St. Paul Police Relief Association;
(14) South St. Paul Police Relief Association; and
(15) Virginia Police Relief Association.
(b) The duty disability benefit shall be an amount equal to 48 percent of the salary base for
the former members of the following consolidating relief associations:
(1) Fridley Police Pension Association;
(2) Richfield Police Relief Association;
(3) Rochester Fire Department Relief Association;
(4) Rochester Police Relief Association;
(5) St. Cloud Fire Department Relief Association;
(6) St. Cloud Police Relief Association;
(7) St. Louis Park Police Relief Association; and
(8) Winona Police Relief Association.
(c) The duty disability benefit shall be an amount equal to 50 percent of the salary base for
the former members of the following consolidating relief associations:
(1) Austin Firefighters Relief Association;
(2) Crookston Fire Department Relief Association;
(3) Fairmont Police Benefit Association;
(4) Mankato Fire Department Relief Association;
(5) South St. Paul Firefighters Relief Association; and
(6) Virginia Fire Department Relief Association.
(d) The duty disability benefit shall be an amount equal to 45 percent of the salary base for
the former members of the Crystal Police Relief Association.
(e) The duty disability benefit shall be an amount equal to 40 percent of the salary base for
the former members of the following consolidating relief associations:
(1) West St. Paul Firefighters Relief Association; and
(2) West St. Paul Police Relief Association.
(f) The duty disability benefit shall be the following for the former members of the
consolidating relief associations as indicated:
(1) 52 percent of the salary base for former members who were disabled before January 31,
1994, and 48 percent of the salary base for former members who become disabled after January
31, 1994, Bloomington Police Relief Association;
(2) 40 percent of the top salary for a patrol officer, Brainerd Police Relief Association;
(3) $100 per month, Chisholm Firefighters Relief Association;
(4) 37.5 percent of the salary base if the person has credit for less than ten years of allowable
service, 43.75 percent of the salary base if the person has credit for more than nine years but less
than 15 years of allowable service and 50 percent of the salary base if the person has credit
for more than 14 years of allowable service credit, Columbia Heights Fire Department Relief
Association, Paid Division;
(5) 43.75 percent of the salary base, Columbia Heights Police Relief Association;
(6) 25 percent of the salary base if the person has credit for less than 12 years of allowable
service and an additional amount equal to 2.5 percent of the salary base per year if allowable
service for each year of allowable service in excess of 11 years of allowable service, not more
than 50 percent, Crookston Police Relief Association;
(7) 51.0625 percent of the salary base, Duluth Firefighters Relief Association;
(8) 12.5 percent of the salary base if the person has credit for less than six years of allowable
service, 2.5 percent of the salary base per year of allowable service if the person has more than
five years of allowable service, but not more than 50 percent of the salary base, Faribault Police
Benefit Association;
(9) the dollar amount which equals the benefit which would be payable under chapter 176
for a comparable benefit which qualifies for a workers' compensation benefit for a first class
disability, 75 percent of the amount payable in the event of a first class disability for a second
class disability and 50 percent of the amount payable in the event of a first class disability for a
third class disability, Hibbing Firefighters Relief Association;
(10) $120 per month, Hibbing Police Relief Association;
(11) 51.25 percent of the salary base for a first class disability, 41.25 percent of the salary
base for a second class disability, and 31.25 percent of the salary base for a third class disability,
Minneapolis Fire Department Relief Association;
(12) 40 percent of the salary base if the person has credit for less than 20 years of allowable
service and two percent of the salary base per year of allowable service if the person has more
than 19 years of allowable service, but not more than 50 percent, Red Wing Fire Department
Relief Association;
(13) 54 percent of the salary base, Richfield Fire Department Relief Association;
(14) 50 percent of the salary base if the person has credit for less than 20 years of allowable
service and an amount equal to the service pension amount to which the person would have
been entitled based on the applicable amount of allowable service if the person had attained the
minimum age for the receipt of a service pension and had applied for a service pension rather
than a disability benefit and if the person has credit for at least 20 years of allowable service, St.
Louis Park Fire Department Relief Association;
(15) 50 percent of the salary base if the person is not able to perform the duties of any other
gainful employment, 39.375 percent of the salary base if the person is only able to perform
the duties of light manual labor or office employment and 33.75 percent of the salary base if
the person is able to perform the duties of other manual labor, St. Paul Fire Department Relief
Association; and
(16) 42.667 percent of the salary base, Winona Fire Department Relief Association.
    Subd. 7. Nonduty disability benefit amount. (a) Except as specified in paragraph (b) or (c),
the nonduty disability benefit shall be an amount equal to the amount of the duty disability benefit.
(b) The nonduty disability benefit shall be the following for the former members of the
consolidating relief associations as indicated:
(1) of the salary of a top patrol officer, 30 percent if the person has credit for less than
ten years of allowable service and 40 percent if the person has credit for ten or more years of
allowable service, Brainerd Police Benefit Association;
(2) a percentage of the salary base ranging from 39.8125 percent to 51.0625 percent as
determined by the executive director of the Public Employees Retirement Association based on
the severity of the circumstances and the extent of disability of the person, applied in a uniform
manner and reflective to the extent practicable or determinable to the past administrative practices
of the board of the consolidating relief association before the effective date of the consolidation,
Duluth Firefighters Relief Association;
(3) two percent of the salary base per year of allowable service but in total not less than
ten percent of the salary base and not more than 40 percent of the salary base, Red Wing Fire
Department Relief Association;
(4) two percent of the salary base per year of allowable service but in total not more than 40
percent of the salary base, St. Paul Police Relief Association; and
(5) 35 percent of the salary base, Virginia Fire Department Relief Association.
(c) No nonduty benefit shall be payable from the Crookston Fire Department Relief
Association.
    Subd. 8. Workers' compensation offset. (a) Except as specified in paragraph (b) and
except to the extent that section 423A.14 applies, there shall be no reduction in the amount of
any disability benefit by virtue of the receipt of any workers' compensation benefit or amount
under chapter 176.
(b) The amount of any disability benefit payable shall be reduced by the amount of any
workers' compensation benefit or amount received or receivable under chapter 176 for the former
members of the following consolidating relief associations:
(1) Crookston Fire Department Relief Association;
(2) Red Wing Police Relief Association; and
(3) West St. Paul Police Relief Association.
    Subd. 9. Other benefit offsets. (a) Except as specified in paragraph (b) and except to the
extent that section 423A.14 applies, there shall be no reduction in the amount of any disability
benefit by virtue of any gainful compensation engaged in following the commencement of the
disability benefit.
(b) The amount of any disability benefit payable shall be reduced by the amount by which
the benefit and income from any gainful employment exceeds 120 percent of the salary base for
the former members of the West St. Paul Firefighters Relief Association.
    Subd. 10. Other disability benefit coverage. (a) For former members of the Buhl Police
Relief Association, a disabled member shall be entitled to a short-term disability benefit of $8
per day for a maximum of 26 weeks, during which period no duty or nonduty disability benefit
shall be payable.
(b) For former members of the Crookston Police Relief Association, an additional benefit of
$25 per month for each child of the disabled person who has not attained the age of 18 years and
who is actually dependent on the disabled person shall be payable, but in combination with the
disability benefit payable as provided in subdivision 6 or 7, the total benefit shall not exceed 50
percent of the salary base.
    Subd. 11. Subsequent medical reexaminations. Periodically, upon the recommendation
of the medical adviser appointed as provided in section 353.33, subdivision 6a, based on the
medical nature of the initial qualifying disability and its potential for improvement or recovery,
the executive director of the Public Employees Retirement Association shall have a former
member of a consolidating relief association who is receiving a disability benefit reexamined
and reevaluated for continued entitlement to a disability benefit. If, upon the recommendation
of the medical adviser, the executive director determines that the person is no longer entitled to
receive a disability benefit, the disability benefit shall be discontinued effective as of the first
day of the second month following that determination and the person shall be considered for
reemployment as a police officer or a firefighter, whichever applies, by the municipality in which
the consolidating relief association was located.
    Subd. 12. Return to service. If a former member of a consolidating relief association who
was receiving a disability benefit returns to active employment by a governmental subdivision,
the disability benefit shall terminate, the person shall return to the appropriate active member
status and shall retain any service credit rendered before the receipt of the disability benefit.
    Subd. 13. Recomputation of disability benefit. (a) Except as additionally provided in
paragraph (b), a disability benefit shall be recomputed as a service pension as provided in section
423A.11.
(b) A disability benefit shall be subject to the following recomputation as a service pension
for the former members of the consolidating relief associations as indicated:
(1) for a person with 15 or more years of allowable service, the disability benefit shall
be recomputed as a service pension upon the person attaining the age of 50 years based on
credited allowable service, assuming a minimum of 20 years of service, Columbia Heights Fire
Department Relief Association, Paid Division;
(2) for a person with more than 21 years of allowable service, the disability benefit shall be
recomputed as a service pension upon the person attaining the age of 50 years based on credited
allowable service, Crystal Police Relief Association; and
(3) for a person with sufficient allowable service to result in a service pension amount
greater than 40 percent of the salary base, the disability benefit shall be recomputed as a service
pension upon the person attaining the age of 50 years based on credited allowable service, St.
Paul Police Relief Association.
History: 1987 c 296 s 25; 1993 c 202 art 2 s 2; 1997 c 241 art 2 s 3

353B.09 REFUND.
    Subdivision 1. Entitlement. A former member of a consolidating relief association who
terminates active employment as a police officer or firefighter, whichever applies, by the
municipality in which the consolidating relief association is located, to whom no other benefit is
payable and who is not reemployed by that or another governmental subdivision within a period
of 30 days following the termination of employment shall be entitled to receive a refund.
    Subd. 2. Refund amount. (a) Except as provided in paragraph (b), (c), or (d), the refund
payable to a person entitled as provided in subdivision 1 shall be the total amount of accumulated
member contributions, without interest.
(b) The refund payable to a person entitled as provided in subdivision 1 shall be 75 percent of
the total amount of accumulated member contributions, without interest, for the former members
of the following consolidating relief associations:
(1) Bloomington Police Relief Association;
(2) Fridley Police Pension Association;
(3) Richfield Police Relief Association;
(4) Rochester Fire Department Relief Association;
(5) Rochester Police Relief Association;
(6) St. Cloud Police Relief Association;
(7) St. Louis Park Police Relief Association;
(8) Winona Fire Department Relief Association; and
(9) Winona Police Relief Association.
(c) The refund payable to a person entitled as provided in subdivision 1 shall be $500 plus
$100 per full year of allowable service in excess of five years of allowable service if the member
terminates with at least five years of allowable service but less than 20 years of allowable service,
for the former members of the Minneapolis Police Relief Association.
(d) No refund shall be payable for the former members of the following consolidating relief
associations:
(1) Duluth Firefighters Relief Association;
(2) Duluth Police Pension Association;
(3) Minneapolis Fire Department Relief Association;
(4) St. Paul Fire Department Relief Association; and
(5) St. Paul Police Relief Association.
History: 1987 c 296 s 26

353B.10 DEFERRED SERVICE PENSION.
    Subdivision 1. Entitlement. (a) Except as specified in paragraph (b), any former member
of a consolidating relief association who has terminated active employment, who has acquired
sufficient allowable service credit but who has not attained the age applicable to that former
member specified in section 353B.07, subdivision 1, may, in lieu of any refund to which the
person may be entitled, leave the amount of any accumulated member contributions in the local
relief association consolidation account and thereby be entitled to a deferred service pension upon
or after attaining the specified age.
(b) Any former member who has terminated active employment, may, in lieu of any refund
to which the person may be entitled, leave the amount of any accumulated member contributions
in the local relief association consolidation account and thereby be entitled to a deferred service
pension upon or after attaining the applicable specified age if the person has acquired the amount
of allowable service credit as indicated for the former members of the following consolidating
relief associations:
(1) at least 20 years of allowable service if the member terminated active employment before
attaining the age of 50 years, deferred until the attainment of the age of 50 years, or at least ten
years of allowable service but less than 20 years of allowable service if the member terminated
active employment before attaining the age of 57 years, deferred until the attainment of the age of
57 years, Albert Lea Police Relief Association;
(2) any period of allowable service, deferred until the attainment of the age of 50 years if first
employed before January 1, 1968, or until the attainment of the age of 55 years if first employed
after December 31, 1967, Richfield Fire Department Relief Association;
(3) any period of allowable service, deferred to the age of 55 years, Richfield Police Relief
Association;
(4) at least ten years of allowable service, deferred until the latter of the attainment of the
age of 50 years or the first day of the month following the date on which the person would have
acquired 20 years of allowable service credit assuming continuous future service, St. Louis Park
Fire Department Relief Association and St. Louis Park Police Relief Association; and
(5) at least ten years of allowable service, deferred until the attainment of the age of 50
years, West St. Paul Police Relief Association.
    Subd. 2. Deferred service pension amount. (a) Except as specified in paragraph (b), the
deferred service pension shall be in the amount calculated as provided in section 353B.07.
(b) The deferred service pension shall be the following for the former members of the
consolidating relief associations as indicated:
(1) for a deferred service pension based on at least ten years of allowable service but less
than 20 years of allowable service, 2.5 percent of the salary base per year of allowable service,
Albert Lea Police Relief Association;
(2) the amount calculated as provided in section 353B.07, but not more than 50 percent of
the salary base, Crystal Police Relief Association;
(3) 2.5 percent per year of allowable service of the salary base, but not to exceed 50 percent
of the salary base, Richfield Fire Department Relief Association;
(4) the amount calculated as provided in section 353B.07, but not more than 54.6667 percent
of the salary base, if the person had at least 20 years of allowable service credit, or 2.3333
percent of the salary base per year of allowable service, but not more than 46.6667 percent of
the salary base, if the person had less than 20 years of allowable service credit, and if the person
dies before attaining the age of 55 years with less than 20 years of allowable service credit, no
survivor benefits shall be payable but a refund as provided in section 353B.09 shall be payable,
Richfield Police Relief Association;
(5) the amount calculated as provided in section 353B.07, but not more than 53.3333
percent of the salary base, St. Cloud Fire Department Relief Association and St. Cloud Police
Relief Association;
(6) the amount calculated as provided in section 353B.07, but not more than 56 percent
of the salary base, if the person had at least 20 years of allowable service credit or 2.3333
percent of the salary base per year of allowable service, but not more than 46.6667 percent of
the salary base, if the person has less than 20 years of allowable service credit, St. Louis Park
Police Relief Association;
(7) for each of the first 20 years of allowable service credit, .5 percent of the salary base per
year of allowable service for each year of allowable service rendered before October 1, 1965, and
two percent of the salary base per year of allowable service for each year of allowable service
rendered after September 30, 1965, and for each year of allowable service in excess of 20 years,
one percent of the salary base per year of allowable service, but not more than 52 percent of the
salary base, West St. Paul Firefighters Relief Associations;
(8) the amount calculated as provided in section 353B.07, but not more than 50.6667 percent
of the salary base, Winona Fire Department Relief Association; and
(9) the amount calculated as provided in section 353B.07, but not more than 53.3333 percent
of the salary base, Winona Police Relief Association.
    Subd. 3. Augmentation. The deferred service pension shall not be augmented as provided in
section 353.34, subdivision 3.
History: 1987 c 296 s 27

353B.11 SURVIVOR BENEFITS.
    Subdivision 1. Eligibility; surviving spouse benefit. (a) Except as specified in paragraph
(b), (c), (d), (e), (f), (g), or (h), the person who survives a deceased active, deferred, or retired
member, who was legally married to the member at the time of the death of the deceased member,
who was legally married to the member for at least one year before the separation from active
service if the deceased member was a deceased, deferred, or retired member and who was
residing with the member at the time of the death of the deceased member shall be entitled to
receive a surviving spouse benefit.
(b) The person who survives a deceased active, deferred, or retired member, who was legally
married to the member at the time of the death of the deceased member, who was legally married
to the member at the time of separation from active service if the deceased member was a
deceased deferred or retired member and who was residing with the member at the time of the
death of the member shall be entitled to receive a surviving spouse benefit in the case of former
members of the following consolidating relief associations:
(1) Albert Lea Police Relief Association;
(2) Anoka Police Relief Association;
(3) Austin Police Relief Association;
(4) Brainerd Police Benefit Association;
(5) Columbia Heights Police Relief Association;
(6) Crookston Fire Department Relief Association;
(7) Crookston Police Relief Association;
(8) Fairmont Police Benefit Association;
(9) Faribault Police Benefit Association;
(10) Mankato Fire Department Relief Association;
(11) Red Wing Police Relief Association;
(12) South St. Paul Police Relief Association;
(13) Virginia Fire Department Relief Association;
(14) Virginia Police Relief Association; and
(15) West St. Paul Police Relief Association.
(c) The person who survives a deceased active, deferred, or retired member, who was legally
married to the member at the time of the death of the deceased member, and who was legally
married to the member at the time of separation from active service if the deceased member was a
deceased deferred or retired member shall be entitled to receive a surviving spouse benefit in the
case of former members of the following consolidating relief associations:
(1) Chisholm Police Relief Association;
(2) Hibbing Police Relief Association;
(3) Mankato Police Benefit Association; and
(4) New Ulm Police Relief Association.
(d) The person who survives a deceased active, deferred, or retired member, who was
legally married to the member at the time of the death of the deceased member, who was either
legally married to the member at the time of separation from active service or legally married
the member after the time of separation from active service and was married for at least three
years before the date of death of the member if the deceased member was a deceased deferred or
retired member, and who was residing with the member at the time of the death of the member
is entitled to receive a surviving spouse benefit in the case of former members of the Austin
Firefighters Relief Association.
(e) The person who survives a deceased active, deferred, or retired member, who was legally
married to the member at the time of the death of the deceased member, who was legally married
to the member for at least five years before death if the deceased member was the recipient of
a service pension or was entitled to a deferred service pension, and who was residing with the
member at the time of the death of the deceased member in the case of former members of the
Minneapolis Fire Department Relief Association.
(f) The person who survives a deceased active, deferred, or retired member, who was legally
married to the member at the time of the death of the deceased member, who was residing with the
member at the time of the death of the decedent, and, if the deceased member was the recipient
of a service pension or was entitled to a deferred service pension at the time of death, who was
legally married to the member for at least five years before the member's death, in the case of
former members of the Minneapolis Police Relief Association.
(g) The person who survives a deceased active, deferred, or retired member, who was legally
married to the member at the time of the death of the deceased member, who was legally married
to the member for at least three years before the separation from active service if the deceased
member was a deceased, retired, or deferred member and who was residing with the member at
the time of the death of the member shall be entitled to receive a surviving spouse benefit in the
case of former members of the South St. Paul Firefighters Relief Association.
(h) The person who survives a deceased active, deferred, or retired member who was legally
married to the member at the time of the death of the deceased member, who was legally married
to the member for at least one year before the separation from active service if the deceased
member was a deceased, deferred, or retired member and who had not deserted the member at the
time of the death of the deceased member shall be entitled to receive a surviving spouse benefit in
the case of former members of the St. Paul Police Relief Association.
    Subd. 2. Eligibility; surviving child benefit. (a) Except as specified in paragraph (b), (c),
(d), (e), (f), or (g), the person who survives a deceased active, deferred, or retired member, who is
the child of the deceased member and who is younger than age 18 at the time of the death of the
deceased member shall be entitled to receive a surviving child benefit.
(b) The person who survives a deceased active, deferred, or retired member, who is the child
of the deceased member, and who is younger than age 18 if the person is not a full-time student or
age 22 if the person is a full-time student shall be entitled to receive a surviving child benefit in
the case of former members of the following consolidating relief associations:
(1) Bloomington Police Relief Association;
(2) Buhl Police Relief Association;
(3) Columbia Heights Fire Department Relief Association, Paid Division;
(4) Duluth Firefighters Relief Association;
(5) Duluth Police Pension Association;
(6) Minneapolis Fire Department Relief association;
(7) Minneapolis Police Relief Association; and
(8) St. Paul Fire Department Relief Association.
(c) The person who survives a deceased active, deferred, or retired member, who is the child
of the deceased member and who is younger than age 16 shall be entitled to receive a surviving
child benefit in the case of former members of the following consolidating relief associations:
(1) Chisholm Police Relief Association; and
(2) Hibbing Police Relief Association.
(d) The person who survives a deceased active, deferred, or retired member, who is the child
of the deceased member and who is younger than age 19 shall be entitled to receive a surviving
child benefit in the case of former members of the Albert Lea Firefighters Relief Association.
(e) The person who survives a deceased active, deferred, or retired member, who is the child
of the deceased member and who is younger than age 18 if the person is not a full-time student or
age 21 if the person is a full-time student shall be entitled to receive a surviving child benefit in
the case of former members of the Crookston Police Relief Association.
(f) The person who survives a deceased active, deferred, or retired member, who is the
child of the deceased member, who was dependent on the deceased member and who is younger
than age 18 shall be entitled to receive a surviving child benefit in the case of former members
of the Red Wing Police Relief Association.
(g) The person who survives a deceased active, deferred, or retired member, who is the child
of the deceased member and who is younger than age 18 if the person is not a full-time student or
age 23 if the person is a full-time student shall be entitled to receive a surviving child benefit in
the case of former members of the St. Paul Police Relief Association.
    Subd. 3. Amount; surviving spouse benefit. (a) The surviving spouse benefit shall be
30 percent of the salary base for the former members of the following consolidating relief
associations:
(1) Albert Lea Firefighters Relief Association;
(2) Albert Lea Police Relief Association;
(3) Anoka Police Relief Association;
(4) Austin Police Relief Association;
(5) Brainerd Police Benefit Association;
(6) Crookston Police Relief Association;
(7) Faribault Fire Department Relief Association; and
(8) West St. Paul Firefighters Relief Association.
(b) The surviving spouse benefit shall be 25 percent of the salary base for the former
members of the following consolidating relief associations:
(1) Chisholm Police Relief Association;
(2) Duluth Firefighters Relief Association;
(3) Duluth Police Pension Association;
(4) Fairmont Police Benefit Association;
(5) Red Wing Fire Department Relief Association;
(6) South St. Paul Police Relief Association; and
(7) West St. Paul Police Relief Association.
(c) The surviving spouse benefit shall be 24 percent of the salary base for the former
members of the following consolidating relief associations:
(1) Fridley Police Pension Association;
(2) Richfield Police Relief Association;
(3) Rochester Fire Department Relief Association;
(4) Rochester Police Relief Association;
(5) Winona Fire Department Relief Association; and
(6) Winona Police Relief Association.
(d) The surviving spouse benefit shall be 40 percent of the salary base for the former
members of the following consolidating relief associations:
(1) Columbia Heights Fire Department Relief Association, Paid Division; and
(2) New Ulm Police Relief Association.
(e) The surviving spouse benefit shall be 30 percent of the salary base for the former
members of the following consolidating relief associations:
(1) Hibbing Firefighters Relief Association; and
(2) Hibbing Police Relief Association.
(f) The surviving spouse benefit shall be 23.75 percent of the salary base for the former
members of the following consolidating relief associations:
(1) Crystal Police Relief Associations; and
(2) Minneapolis Police Relief Association.
(g) The surviving spouse benefit shall be 32 percent of the salary base for the former
members of the following consolidating relief associations:
(1) St. Cloud Fire Department Relief Association; and
(2) St. Cloud Police Relief Association.
(h) The surviving spouse benefit shall be one-half of the service pension or disability benefit
which the deceased member was receiving as of the date of death, or of the service pension which
the deferred member would have been receiving if the service pension had commenced as of the
date of death or of the service pension which the active member would have received based on
the greater of the allowable service credit of the person as of the date of death or 20 years of
allowable service credit if the person would have been eligible as of the date of death, for the
former members of the following consolidating relief associations:
(1) Virginia Fire Department Relief Association; and
(2) Virginia Police Relief Association.
(i) The surviving spouse benefit shall be the following for the former members of the
consolidating relief associations as indicated:
(1) 30 percent of the salary base, reduced by any amount awarded or payable from the
service pension or disability benefit of the deceased former firefighter to a former spouse of the
member by virtue of the legal dissolution of the member's marriage to the former spouse if the
surviving spouse married the member after the time of separation from active service, Austin
Firefighters Relief Association;
(2) 27.333 percent of the salary base, or one-half of the service pension payable to or accrued
by the deceased former member, whichever is greater, Bloomington Police Relief Association;
(3) 72.25 percent of the salary base, Buhl Police Relief Association;
(4) 50 percent of the service pension which the active member would have received based
on allowable service credit to the date of death and prospective service from the date of death
until the date on which the person would have attained the normal retirement age, 50 percent
of the service pension which the deferred member would have been receiving if the service
pension had commenced as of the date of death or $175 per month if the deceased member was
receiving a service pension or disability benefit as of the date of death, Chisholm Firefighters
Relief Association;
(5) two-thirds of the service pension or disability benefit which the deceased member was
receiving as of the date of death, or of the service pension which the deferred member would
have been receiving if the service pension had commenced as of the date of death or of the
service pension which the active member would have received based on the greater of the
allowable service credit of the person as of the date of death or 20 years of allowable service
credit if the person would have been eligible as of the date of death, Columbia Heights Police
Relief Association;
(6) the greater of $300 per month or one-half of the service pension or disability benefit
which the deceased member was receiving as of the date of death, or of the service pension which
the deferred member would have been receiving if the service pension had commenced as of the
date of death or of the service pension which the active member would have received based on
the allowable service credit of the person as of the date of death if the person would have been
eligible as of the date of death, Crookston Fire Department Relief Association;
(7) $100 per month, Faribault Police Benefit Association;
(8) 60 percent of the service pension or disability benefit which the deceased member was
receiving as of the date of death, or of the service pension which the deferred member would have
been receiving if the service pension had commenced as of the date of death or of the service
pension which the active member would have received based on the allowable service credit of
the person as of the date of death if the person would have been eligible as of the date of death,
Mankato Fire Department Relief Association;
(9) $175 per month, Mankato Police Benefit Association;
(10) 26.25 percent of the salary base, Minneapolis Fire Department Relief Association;
(11) equal to the service pension or disability benefit which the deceased member was
receiving as of the date of death, or of the service pension which the deferred member would
have been receiving if the service pension had commenced as of the date of death or of the
service pension which the active member would have received based on the allowable service
credit of the person as of the date of death if the person would have been eligible as of the date of
death, Red Wing Police Relief Association;
(12) 78.545 percent of the benefit amount payable prior to the death of the deceased active,
disabled, deferred, or retired firefighter if that firefighter's benefit was 55 percent of salary or
would have been 55 percent of salary if the firefighter had survived to begin benefit receipt; or
80 percent of the benefit amount payable prior to the death of the deceased active, disabled,
deferred, or retired firefighter if that firefighter's benefit was 54 percent of salary or would have
been 54 percent of salary if the firefighter had survived to begin benefit receipt, Richfield Fire
Department Relief Association;
(13) 40 percent of the salary base for a surviving spouse of a deceased active member,
disabled member, or retired or deferred member with at least 20 years of allowable service, or the
prorated portion of 40 percent of the salary base that bears the same relationship to 40 percent that
the deceased member's years of allowable service bear to 20 years of allowable service for the
surviving spouse of a deceased retired or deferred member with at least ten but less than 20 years
of allowable service, St. Louis Park Fire Department Relief Association;
(14) 26.6667 percent of the salary base, St. Louis Park Police Relief Association;
(15) 27.5 percent of the salary base, St. Paul Fire Department Relief Association;
(16) 27.5 percent of the salary base, St. Paul Police Relief Association; and
(17) 27 percent of the salary base, South St. Paul Firefighters Relief Association.
    Subd. 4. Amount; surviving child benefit. (a) The surviving child benefit shall be
eight percent of the salary base for the former members of the following consolidating relief
associations:
(1) Fridley Police Pension Association;
(2) Red Wing Fire Department Relief Association;
(3) Richfield Police Relief Association;
(4) Rochester Fire Department Relief Association;
(5) Rochester Police Relief Association;
(6) St. Cloud Police Relief Association;
(7) St. Louis Park Police Relief Association;
(8) South St. Paul Firefighters Relief Association;
(9) Winona Fire Department Relief Association; and
(10) Winona Police Relief Association.
(b) The surviving child benefit shall be $25 per month for the former members of the
following consolidating relief associations:
(1) Anoka Police Relief Association;
(2) Austin Firefighters Relief Association;
(3) Austin Police Relief Association;
(4) Faribault Police Benefit Association;
(5) Hibbing Firefighters Relief Association;
(6) Mankato Police Benefit Association;
(7) South St. Paul Police Relief Association; and
(8) Virginia Fire Department Relief Association.
(c) The surviving child benefit shall be ten percent of the salary base for the former members
of the following consolidating relief associations:
(1) Albert Lea Police Relief Association;
(2) Crookston Police Relief Association;
(3) Duluth Firefighters Relief Association;
(4) Duluth Police Pension Association;
(5) Faribault Fire Department Relief Association; and
(6) Minneapolis Fire Department Relief Association.
(d) The surviving child benefit shall be five percent of the salary base for the former members
of the following consolidating relief associations:
(1) Columbia Heights Fire Department Relief Association, Paid Division;
(2) St. Paul Police Relief Association; and
(3) West St. Paul Firefighters Relief Associations.
(e) The surviving child benefit shall be $15 per month for the former members of the
following consolidating relief associations:
(1) Crookston Fire Department Relief Association;
(2) Hibbing Police Relief Association; and
(3) West St. Paul Police Relief Association.
(f) The surviving child benefit shall be 7.5 percent of the salary base for the former members
of the following consolidating relief associations:
(1) Bloomington Police Relief Association; and
(2) Crystal Police Relief Association.
(g) The surviving child benefit shall be the following for the former members of the
consolidating relief associations as indicated:
(1) ten percent of the salary base if a surviving spouse benefit is also payable, that amount
between ten percent of the salary base and 50 percent of the salary base as determined by
the executive director of the public employees retirement association, based on the financial
circumstances and need of the surviving child or surviving children, applied in a uniform manner,
reflective to the extent practicable or determinable to the past administrative practices of the board
of the consolidating relief association before the effective date of the consolidation if there is a
surviving spouse but no surviving spouse benefit is also payable on account of the remarriage of
the surviving spouse, or 50 percent of the salary base, payable in equal shares for more than one
surviving child, if there is no surviving spouse, Albert Lea Firefighters Relief Association;
(2) four percent of the salary base, Brainerd Police Benefit Association;
(3) $125 per month if a surviving spouse benefit is also payable or an amount equal to the
surviving spouse benefit, payable in equal shares if there is more than one surviving child, if no
surviving spouse benefit is payable, Buhl Police Relief Association;
(4) $15 per month, Chisholm Firefighters Relief Association;
(5) $125 per month, Chisholm Police Relief Association;
(6) $50 per month, Columbia Heights Police Relief Association;
(7) 6.25 percent of the salary base, Fairmont Police Benefit Association;
(8) 12.5 percent of the service pension or disability benefit which the deceased member was
receiving as of the date of death, or of the service pension which the deferred member would have
been receiving if the service pension had commenced as of the date of death or of the service
pension which the active member would have received based on the allowable service credit of
the person as of the date of death if the person would have been eligible as of the date of death,
Mankato Fire Department Relief Association;
(9) ten percent of the salary base if a surviving spouse benefit is also payable or an amount
determined by the executive director of the Public Employees Retirement Association based on
the financial circumstances and need of the surviving child or surviving children, applied in a
uniform manner, and subject to the largest applicable amount surviving child benefit maximum if
no surviving spouse benefit is also payable, Minneapolis Police Relief Association;
(10) $25 per month if a surviving spouse benefit is also payable or an amount equal to
the surviving spouse benefit, payable in equal shares if there is more than one surviving child,
New Ulm Police Relief Association;
(11) in an amount determined by the executive director of the Public Employees Retirement
Association based on the financial circumstances and need of the surviving child or surviving
children, applied in a uniform manner, reflective to the extent practicable or determinable to
the past administrative practices of the board of the consolidating relief association before the
effective date of the consolidation and not more than the largest surviving child benefit amount
prescribed for any other actual or potential consolidating relief association as provided in this
section, Red Wing Police Relief Association;
(12) 9.818 percent of the benefit payable to the firefighter or to which the firefighter would
have been eligible at the time of death if that firefighter's benefit was or would have been 55
percent of salary and if a surviving spouse benefit is also payable or 29.454 percent if a surviving
spouse benefit is not payable; or ten percent of the benefit payable to the firefighter or to which the
firefighter would have been eligible at the time of death if that firefighter's benefit was or would
have been 54 percent of salary and if a surviving spouse benefit is also payable or 30 percent if a
surviving spouse benefit is not payable, Richfield Fire Department Relief Association;
(13) 5.3334 percent of the salary base, St. Cloud Fire Department Relief Association;
(14) five percent of the salary base if a surviving spouse benefit is also payable or 15 percent
of the salary base if no surviving spouse benefit is also payable for the surviving child or children
of a deceased active member, disabled member, or retired or deferred member with at least 20
years of active service, or the prorated portion of five percent of the salary base if a surviving
spouse benefit is also payable or 15 percent of the salary base if no surviving spouse benefit is also
payable that bears the same relationship to five or 15 percent that the deceased member's years of
allowable service bear to 20 years of allowable service for the surviving child or children of a
deceased retired or deferred member with at least ten but less than 20 years of allowable service,
St. Louis Park Fire Department Relief Association;
(15) ten percent of the salary base, St. Paul Fire Department Relief Association; and
(16) $50 per month, Virginia Police Relief Association.
    Subd. 5. Survivor benefit maximum. (a) No surviving children or surviving family
maximum shall be applicable to former members of the following consolidating relief associations:
(1) Buhl Police Relief Association;
(2) Chisholm Firefighters Relief Association;
(3) Chisholm Police Relief Association;
(4) Hibbing Firefighters Relief Association;
(5) Mankato Police Benefit Association;
(6) New Ulm Police Relief Association;
(7) Red Wing Fire Department Relief Association;
(8) Red Wing Police Relief Association;
(9) St. Paul Police Relief Association; and
(10) South St. Paul Police Relief Association.
(b) The surviving children maximum shall be 24 percent of the salary base, if a surviving
spouse benefit is also payable or 48 percent of the salary base, if no surviving spouse benefit is
also payable, for the former members of the following consolidating relief associations:
(1) Fridley Police Pension Association;
(2) Richfield Police Relief Association;
(3) Rochester Fire Department Relief Association;
(4) Rochester Police Relief Association;
(5) Winona Fire Department Relief Association; and
(6) Winona Police Relief Association.
(c) The surviving family maximum shall be 50 percent of the salary base for the former
members of the following consolidating relief associations:
(1) Anoka Police Relief Association;
(2) Austin Firefighters Relief Association;
(3) Austin Police Relief Association;
(4) Duluth Firefighters Relief Association; and
(5) St. Louis Park Fire Department Relief Association.
(d) The surviving family maximum shall be an amount equal to the service pension which a
retiring member would have received based on 20 years of allowable service credit if the member
had attained the age of at least 50 years in the case of an active member, or of the service pension
which the deferred member would have been receiving if the service pension had commenced as
of the date of death in the case of a deferred member, or of the service pension or disability benefit
which the deceased member was receiving as of the date of death, for the former members of the
following consolidating relief associations:
(1) Columbia Heights Police Relief Association;
(2) Virginia Fire Department Relief Association; and
(3) Virginia Police Relief Association.
(e) The surviving children maximum shall be 25 percent of the salary base, if a surviving
spouse benefit is also payable or 50 percent of the salary base, if no surviving spouse benefit is
also payable, for the former members of the following consolidating relief associations:
(1) Duluth Police Pension Association; and
(2) Fairmont Police Benefit Association.
(f) The surviving children maximum shall be 22.5 percent of the salary base, if a surviving
spouse benefit is also payable or 45 percent of the salary base, if no surviving spouse benefit is
also payable, for the former members of the Crystal Police Relief Association.
(g) The surviving children maximum shall be 16 percent of the salary base, if a surviving
spouse benefit is also payable or 48 percent of the salary base, if no surviving spouse benefit is
also payable, for the former members of the following consolidating relief associations:
(1) St. Cloud Fire Department Relief Association; and
(2) St. Cloud Police Relief Association.
(h) The surviving children maximum shall be 20 percent of the salary base, if a surviving
spouse benefit is also payable or 50 percent of the salary base, if no surviving spouse benefit is
also payable, for the former members of the following consolidating relief associations:
(1) Albert Lea Firefighters Relief Association;
(2) Albert Lea Police Relief Association; and
(3) Faribault Fire Department Relief Association.
(i) The surviving family maximum shall be the following for the former members of the
consolidating relief associations:
(1) 60 percent of the salary base, Bloomington Police Relief Association;
(2) $450 per month, Crookston Police Relief Association;
(3) 80 percent of the service pension or disability benefit which the deceased member was
receiving as of the date of death, or of the service pension which the deferred member would
have been receiving if the service pension had commenced as of the date of death or of the
service pension which the active member would have received based on the greater of the
allowable service credit of the person as of the date of death or 20 years of allowable service
credit if the person would have been eligible as of the date of death, Mankato Fire Department
Relief Association;
(4) 98.182 percent of the benefit amount payable or to which the firefighter was eligible prior
to the death of the firefighter if that firefighter's benefit was or would have been 55 percent of
salary, or 100 percent of the benefit amount payable or to which the firefighter was eligible prior
to the death of the firefighter if that firefighter's benefit was or would have been 54 percent of
salary, Richfield Fire Department Relief Association; and
(5) 57.5 percent of the salary base, St. Paul Fire Department Relief Association.
(j) The surviving child maximum shall be the following for the former members of the
consolidating relief associations:
(1) 20 percent of the top salary payable to a patrol officer, Brainerd Police Benefit
Association;
(2) ten percent of the salary base, if a surviving spouse benefit is also payable or 15 percent of
the salary base, if no surviving spouse benefit is also payable, Columbia Heights Fire Department
Relief Association, paid division;
(3) $105 per month if a surviving spouse benefit is also payable or $90 per month if no
surviving spouse benefit is also payable, Crookston Fire Department Relief Association;
(4) $125 per month, Faribault Police Benefit Association;
(5) $30 per month if a surviving spouse benefit is also payable or $180 per month if no
surviving spouse benefit is also payable, Hibbing Police Relief Association;
(6) 25 percent of the salary base, if a surviving spouse benefit is also payable or 51.25
percent of the salary base, if no surviving spouse benefit is also payable, Minneapolis Fire
Department Relief Association;
(7) 17.5 percent of the salary base, if a surviving spouse benefit is also payable or 50
percent of the salary base, if no surviving spouse benefit is also payable, Minneapolis Police
Relief Association;
(8) 24 percent of the salary base, St. Louis Park Police Relief Association;
(9) 23 percent of the salary base, if a surviving spouse benefit is also payable or 50 percent
of the salary base, if no surviving spouse benefit is also payable, South St. Paul Firefighters
Relief Association;
(10) ten percent of the salary base, West St. Paul Firefighters Relief Association; and
(11) $30 per month if a surviving spouse benefit is also payable or $75 per month if no
surviving spouse benefit is also payable, West St. Paul Police Relief Association.
    Subd. 6. Discontinuation; surviving spouse benefit. For all consolidating relief
associations, a surviving spouse benefit terminates only upon the death of the person entitled to
receive or receiving a surviving spouse benefit.
    Subd. 7. Discontinuation; surviving child benefit. A surviving child benefit shall terminate
upon the loss of eligible surviving child status by the person previously entitled to receive or
receiving a surviving child benefit.
    Subd. 8. Other death benefit coverage. Any lump sum death benefit or funeral benefit
provided for in the governing benefit plan documents shall be considered to be special benefit
coverage governed by section 353A.08, subdivision 6, for the former members of the following
consolidating relief associations:
(1) Crookston Fire Department Relief Association;
(2) Hibbing Firefighters Relief Association;
(3) Mankato Fire Department Relief Association;
(4) Red Wing Fire Department Relief Association; and
(5) Richfield Fire Department Relief Association.
History: 1987 c 296 s 28; 1991 c 269 art 2 s 8; 1993 c 124 art 2 s 1,2; 1993 c 202 art 2 s
3-6; 1993 c 307 art 4 s 44; 1994 c 491 art 2 s 1; 1994 c 590 art 2 s 2; 1994 c 591 art 2 s 1; 1996 c
448 art 4 s 1,2; 1997 c 241 art 2 s 4-6; 2000 c 461 art 3 s 26

353B.12 POSTRETIREMENT BENEFIT ADJUSTMENTS.
    Subdivision 1. Service pension. (a) Except as specified in paragraph (b), (c), (d), or (e),
any service pension payable to a former member of a consolidating relief association shall be
increased annually by the same percentage that the salary base has increased.
(b) The amount of any service pension other than any additional benefit on one-half of one
percent of the salary base per year of allowable service for allowable service in excess of 25 years
of service shall be increased annually by the same percentage that the salary base has increased
for former members of the following consolidating relief associations:
(1) Austin Firefighters Relief Association;
(2) Austin Police Relief Association;
(3) Columbia Heights Fire Department Relief Association, Paid Division;
(4) Columbia Heights Police Relief Association;
(5) St. Paul Fire Department Relief Association;
(6) St. Paul Police Relief Association;
(7) South St. Paul Firefighters Relief Association;
(8) South St. Paul Police Relief Association;
(9) Virginia Police Relief Association;
(10) Winona Fire Department Relief Association; and
(11) Winona Police Relief Association.
(c) The amount of any service pension other than any additional benefit on one-half of one
percent of the salary base per year of allowable service for allowable service in excess of 25 years
of service shall be increased annually by the same percentage that the salary base has increased
for former members employed before July 1, 1969, and by one-half of the dollar amount of
the increase payable to former members employed before July 1, 1969, for former members
employed after June 30, 1969, of the following consolidating relief associations:
(1) Rochester Fire Department Relief Association; and
(2) Rochester Police Relief Association.
(d) The amount of any service pension shall not be subject to any annual postretirement
adjustment for former members of the following consolidating relief associations:
(1) Crookston Fire Department Relief Association; and
(2) Crookston Police Relief Association.
(e) The amount of the annual postretirement adjustment shall be the following for the former
members of the consolidating relief associations as indicated:
(1) the amount of any service pension other than any additional benefit of one-half of one
percent of the salary base per year of allowable service for allowable service in excess of 25 years
of service shall be increased annually by the same percentage that the salary of a top grade
firefighter has increased, Albert Lea Firefighters Relief Association;
(2) the amount of any service pension shall be increased by the amount of any positive
difference between the service pension payable for the month before the effective date of a
postretirement increase and the amount equal to 50 percent of the salary of a first class patrol
officer on the effective date of a postretirement increase, Albert Lea Police Relief Association;
(3) for a service pension calculated using the top salary of a patrol officer, the service pension
shall be increased by an amount equal to the percentage that the top salary of a patrol officer has
increased, Brainerd Police Benefit Association;
(4) the amount of any service pension shall be increased by 3.5 percent annually if there is
any increase in the salary base, Buhl Police Relief Association;
(5) the amount of any service pension shall be increased by three percent annually if there is
any increase in the salary base, Chisholm Firefighters Relief Association;
(6) the amount of any service pension other than any additional benefit of one-half of one
percent of the salary base per year of allowable service for allowable service in excess of 25 years
of service shall be increased by three percent annually, Chisholm Police Relief Association;
(7) the amount of any service pension shall be increased by an amount equal to one-half of
the percentage that the salary base has increased, Faribault Police Benefit Association;
(8) the amount of any service pension based on at least 20 years of allowable service shall be
increased by the same percentage that the salary base has increased and the amount of any service
pension based on less than 20 years of allowable service shall be increased by the percentage
that the salary base has increased or by three percent, whichever is less, annually, Fridley Police
Pension Association;
(9) the amount of any service pension shall be increased by one-half of the dollar amount of
any increase in the salary base, Hibbing Police Relief Association;
(10) for a service pension calculated using the salary of the highest salaried patrol officer,
the service pension other than any additional benefit of one-half of one percent of final salary
for the first three years of allowable service in excess of 20 years of allowable service shall
be increased by the same percentage that the salary of the highest salaried patrol officer has
increased, New Ulm Police Relief Association;
(11) the amount of any service pension other than any additional benefit of one-half of one
percent of the salary base per year of allowable service for allowable service in excess of 25 years
of allowable service shall be increased by the same percentage that the consumer price index
for all items for urban wage earners published by the federal Department of Labor, Bureau of
Labor Statistics, has increased over the previous 12-month period, Red Wing Fire Department
Relief Association;
(12) the amount of any service pension shall be increased by the same percentage that the
consumer price index for all items for urban wage earners published by the federal Department of
Labor, Bureau of Labor Statistics, has increased over the previous 12-month period, Red Wing
Police Relief Association;
(13) the amount of any service pension other than any additional benefit of one-half of one
percent of the salary base per year of allowable service for allowable service in excess of 25 years
of allowable service shall be increased by the same percentage that the salary base has increased
or by 3.5 percent, whichever is less, annually, Virginia Fire Department Relief Association; and
(14) the amount of any service pension payable to a person who has attained the age of at
least 55 years shall be increased by the same percentage that the salary base has increased or by
3.5 percent, whichever is less, annually, West St. Paul Police Relief Association.
    Subd. 2. Deferred service pension. (a) Except as specified in paragraph (b), any deferred
service pension payable to a former member of a consolidating relief association shall be credited
annually with an increase of the same percentage or amount that a service pension is to be
increased as provided in subdivision 1. The amount of any postretirement increases credited
during the period of deferral shall be added to the amount of the service pension payable as of the
date of the termination of employment as a police officer or firefighter, whichever applies, and
payable as of the date of the initial service pension payment as provided in section 353B.10.
(b) Any deferred service pension shall not be subject to any postretirement adjustment for
former members of the following consolidating relief associations:
(1) Crookston Fire Department Relief Association; and
(2) Crookston Police Relief Association.
    Subd. 3. Disability benefit. (a) Except as specified in paragraph (b), (c), and (d), any
disability benefit payable to a former member of a consolidating relief association shall be
increased annually by the same percentage or amount that a service pension is to be increased as
provided in subdivision 1.
(b) The amount of any disability benefit shall not be subject to any annual postretirement
adjustment for former members of the following consolidating relief associations:
(1) Crookston Fire Department Relief Association;
(2) Crookston Police Relief Association; and
(3) Hibbing Firefighters Relief Association.
(c) The amount of any disability benefit shall be increased annually by the same percentage
that the salary of the position which the disabled person held at the time of the disability has
increased over the previous 12-month period for former members of the Columbia Heights
Police Relief Association.
(d) The amount of any disability benefit shall be increased annually by the amount of any
positive difference between the disability benefit payable for the month before the effective date
of a postretirement increase and the amount equal to 50 percent of the salary of a first class patrol
officer on the effective date of a postretirement increase for former members of the Albert Lea
Police Relief Association.
    Subd. 4. Surviving spouse benefit. (a) Except as specified in paragraphs (b), (c), and (d),
any surviving spouse benefit payable on behalf of a deceased former member of a consolidating
relief association shall be increased annually by the same percentage or amount that a service
pension is to be increased as provided in subdivision 1.
(b) The amount of any surviving spouse benefit shall not be subject to any annual
postretirement adjustment for former members of the following consolidating relief associations:
(1) Buhl Police Relief Association;
(2) Chisholm Firefighters Relief Association;
(3) Chisholm Police Relief Association;
(4) Crookston Fire Department Relief Association;
(5) Crookston Police Relief Association;
(6) Faribault Police Benefit Association;
(7) Hibbing Firefighters Relief Association;
(8) Hibbing Police Relief Association; and
(9) Mankato Police Benefit Association.
(c) The amount of any surviving spouse benefit shall be increased annually by the percentage
that the salary base has increased over the previous 12-month period for former members of
the West St. Paul Police Relief Association.
(d) The amount of any surviving spouse benefit shall be increased annually by the amount of
any positive difference between the surviving spouse benefit payable for the month before the
effective date of a postretirement increase and the amount equal to 30 percent of the salary of a
first class patrol officer on the effective date of a postretirement increase for former members
of the Albert Lea Police Relief Association.
    Subd. 5. Surviving child benefit. (a) Except as specified in paragraphs (b), (c), and (d), any
surviving child benefit payable on behalf of a former member of a consolidating relief association
shall be increased annually by the same percentage or amount that a service pension is to be
increased as provided in subdivision 1.
(b) The amount of any surviving child benefit shall not be subject to any annual
postretirement adjustment for former members of the following consolidating relief associations:
(1) Anoka Police Relief Association;
(2) Austin Firefighters Relief Association;
(3) Austin Police Relief Association;
(4) Buhl Police Relief Association;
(5) Chisholm Firefighters Relief Association;
(6) Chisholm Police Relief Association;
(7) Columbia Heights Police Relief Association;
(8) Crookston Fire Department Relief Association;
(9) Crookston Police Relief Association;
(10) Faribault Police Benefit Association;
(11) Hibbing Firefighters Relief Association;
(12) Hibbing Police Relief Association;
(13) Mankato Police Benefit Association;
(14) Red Wing Police Relief Association;
(15) South St. Paul Police Relief Association;
(16) Virginia Fire Department Relief Association;
(17) Virginia Police Relief Association; and
(18) West St. Paul Police Relief Association.
(c) The amount of any surviving child benefit shall be subject to an annual postretirement
adjustment only if no surviving spouse benefit is also payable and the annual adjustment shall be
the same percentage or amount that a service pension is to be increased as provided in subdivision
1 for former members of the New Ulm Police Relief Association.
(d) The amount of any surviving child benefit shall be increased annually by the amount
of any positive difference between the surviving child benefit payable for the month before the
effective date of a postretirement increase and the amount equal to ten percent of the salary of a
first class patrol officer on the effective date of a postretirement increase for former members
of the Albert Lea Police Relief Association.
    Subd. 6. Family maximum benefit. (a) Except as specified in paragraph (b), any family
maximum benefit payable on behalf of a former member of a consolidating relief association shall
be increased as provided for its component surviving spouse or surviving child benefits.
(b) The amount of any family maximum benefit shall be increased annually by the amount of
any positive difference between the family maximum benefit payable for the month before the
effective date of a postretirement increase and the amount equal to 50 percent of the salary of a
first class patrol officer on the effective date of a postretirement increase for former members
of the Albert Lea Police Relief Association.
    Subd. 7. Effective date for postretirement increases. Any postretirement increases as
provided in this section shall occur once per calendar year. If the postretirement increase is based
on the increase in a base salary amount, the postretirement increase shall be payable as of the
first of the month next following the effective date of the triggering salary increase. If more than
one salary increase occurs in a calendar year, only one postretirement increase shall take effect
in that calendar year and the next succeeding postretirement increase shall take into account
any additional salary increases which occurred since the immediately previous postretirement
increase and shall occur on the date occurring 12 months after the date of the immediately
previous postretirement increase or the first of the month next following the effective date of any
triggering salary increase in that calendar year, whichever occurs first. If the increase in the base
salary amount upon which the postretirement increase is based includes retroactive payments to
an earlier date, the applicable postretirement increase may also be payable retroactive to that date.
If the postretirement increase is based on the Consumer Price Index or is a set annual percentage
amount, the postretirement increase shall be payable as of the first day of February.
History: 1987 c 296 s 29

353B.13 OTHER BENEFIT COVERAGE.
(a) A person who is a former member of the Austin Firefighters Relief Association who
receives a service pension or a disability pension from the relief association and who is under
age 65 or who is not yet eligible for the receipt of federal Medicare benefits, whichever occurs
first, and the person's spouse, if the spouse would be eligible for a surviving spouse benefit upon
the death of the pension recipient, is entitled to receive a health or medical insurance premium
benefit in an amount equal to the amount that the city of Austin would pay under the applicable
collective bargaining agreement for medical or health insurance coverage for a firefighter who is
employed by the city, who has a spouse and who has no other dependents, payable monthly, in
addition to any other pension amount received by the eligible pension recipient, and not subject to
any postretirement adjustments applicable to service pensions or disability pensions.
(b) A person who is a former member of the New Ulm Police Relief Association, who
retired from the New Ulm police department after October 15, 1985, and who is receiving a
service pension after the effective date of consolidation as provided in section 353A.06, shall be
entitled to receive a supplemental benefit of $80 per month for each month following the date of
retirement until the last day of the month in which the person attains the age of 65 years.
(c) The payment of the premiums for medical and dental insurance coverage and the payment
of a lump sum amount at retirement for former members of the St. Cloud Fire Department Relief
Association and the payment of the premiums for medical insurance coverage and the payment of
a lump sum amount at retirement for former members of the St. Cloud Police Relief Association
as provided for in the governing benefit plan documents shall be considered to be special benefit
coverage governed by section 353A.08, subdivision 6.
(d) A person who is a former member of the St. Paul Fire Department Relief Association who
is unable to perform normally assigned fire department service due to a medically determinable
physical or mental illness or injury and who is removed from the fire department payroll, upon
application, until recovery, or for a period of 90 days or for a period of 150 days upon a showing
of need and a medical report indicating a reasonable prognosis for recovery due to the extended
period, whichever occurs first, shall be entitled to a sick relief benefit for each day of that inability,
payable monthly, in an amount of 1.5625 percent of the salary base per day.
History: 1987 c 296 s 30; 1996 c 448 art 4 s 3

353B.14 DISPUTE OVER BENEFIT AMOUNTS OR PLAN PROVISIONS.
In the event of any dispute by or on behalf of any former member of a consolidating relief
association after the effective date of consolidation over the amount of a benefit to which the
person may be entitled, the proper interpretation of a provision of sections 353B.01 to 353B.14, or
the conformity of the provisions of sections 353B.01 to 353B.14 to the provisions of the benefit
plan of the consolidating relief association in effect immediately before the date on which the
consolidation process was initiated, the dispute shall be submitted in writing to the Legislative
Commission on Pensions and Retirement by the person who is a party to the dispute or by the
executive director of the Public Employees Retirement Association. The Legislative Commission
on Pensions and Retirement shall review the dispute as part of its deliberations on proposed or
pending retirement legislation and shall make its recommendation on the resolution of the dispute,
if any, to the appropriate committees of the senate and house of representatives with jurisdiction
over public employee pension matters in the form of the necessary legislation amending the
provisions of sections 353B.01 to 353B.14, which legislation shall include retroactivity of any
increase in a benefit amount or any omitted benefit amount to the date on which the benefit
subject to dispute accrued or would have accrued.
History: 1987 c 296 s 31