2006 Minnesota Statutes

354A.35 SURVIVOR BENEFITS.
    Subdivision 1. Death before retirement; refund. If a coordinated member or former
coordinated member dies prior to retirement or prior to the receipt of any retirement annuity or
other benefit payment which is or may be payable and a surviving spouse optional annuity is not
payable pursuant to subdivision 2, a refund shall be paid to the person's surviving spouse, or if
there is none, to the person's designated beneficiary, or if there is none, to the legal representative
of the person's estate. The refund shall be in an amount equal to the person's accumulated
contributions plus interest at the rate of six percent per annum compounded annually.
    Subd. 2. Death while eligible to retire; surviving spouse optional annuity. (a) The
surviving spouse of a coordinated member who has credit for at least three years of service and
dies prior to retirement may elect to receive, instead of a refund with interest under subdivision 1,
an annuity equal to the 100 percent joint and survivor annuity the member could have qualified
for had the member terminated service on the date of death. The surviving spouse eligible for
a surviving spouse benefit under this paragraph may apply for the annuity at any time after the
date on which the deceased employee would have attained the required age for retirement based
on the employee's allowable service. A surviving spouse eligible for surviving spouse benefits
under paragraph (b) or (c) may apply for an annuity at any time after the member's death. The
member's surviving spouse shall be paid a joint and survivor annuity under section 354A.32 and
computed under section 354A.31.
(b) If the member was under age 55 and has credit for at least 30 years of allowable service
on the date of death, the surviving spouse may elect to receive a 100 percent joint and survivor
annuity based on the age of the member and surviving spouse on the date of death. The annuity is
payable using the full early retirement reduction under section 354A.31, subdivision 6, paragraph
(a), to age 55 and one-half of the early retirement reduction from age 55 to the age payment begins.
(c) If the member was under age 55 and has credit for at least three years of allowable
service on the date of death but did not yet qualify for retirement, the surviving spouse may
elect to receive the 100 percent joint and survivor annuity based on the age of the member and
the survivor at the time of death. The annuity is payable using the full early retirement reduction
under section 354A.31, subdivision 6 or 7, to age 55 and one-half of the early retirement reduction
from age 55 to the date payment begins.
Sections 354A.37, subdivision 2, and 354A.39 apply to a deferred annuity or surviving
spouse benefit payable under this section. The benefits are payable for the life of the surviving
spouse, or upon expiration of the term certain benefit payment under subdivision 2b.
    Subd. 2a. Modification in survivor coverage in certain instances. Any person who
elected joint and survivor annuity coverage pursuant to subdivision 2 prior to July 1, 1981 and
the spouse of the person shall be entitled to modify that election by making a joint specification
in writing on a form prescribed by the executive secretary that the benefits provided in this
section, whichever is applicable, shall be paid only to a designated beneficiary. Authority for any
person and the spouse of the person to modify the prior election shall expire on the date of the
retirement of the person who elected the coverage or the date of death of the person who elected
the coverage, whichever occurs first.
    Subd. 2b. Survivor coverage term certain. In lieu of the 100 percent optional annuity under
subdivision 2, or a refund under subdivision 1, the surviving spouse of a deceased member may
elect to receive survivor coverage in a term certain of five, ten, 15, or 20 years, but monthly
payments must not exceed 75 percent of the average high-five monthly salary of the deceased
member. The monthly term certain annuity must be actuarially equivalent to the 100 percent
optional annuity under subdivision 2.
If a surviving spouse elects a term certain annuity and dies before the expiration of the
specified term certain period, the commuted value of the remaining annuity payments must be
paid in a lump sum to the survivor's estate.
    Subd. 2c. Dependent child survivor coverage. If there is no surviving spouse eligible
for benefits under subdivision 2, a dependent child or children as defined in section 354A.011,
subdivision 12a , is eligible for monthly payments. Payments to a dependent child must be paid
from the date of the member's death to the date the dependent child attains age 20 if the child is
under age 15. If the child is 15 years or older on the date of death, payment must be made for
five years. The payment to a dependent child is an amount actuarially equivalent to the value of
a 100 percent optional annuity under subdivision 2 using the age of the member and age of the
dependent child at the date of death. If there is more than one dependent child, each dependent
child shall receive a proportionate share of the actuarial value of the employee's account.
    Subd. 3. Death after retirement. If a retiree from a coordinated program dies after
retirement, the retiree or the retiree's designated beneficiary shall be entitled to the annuity
payment due for the full month during which death occurs unless an optional annuity was elected
by the retiree pursuant to subdivision 2 or section 354A.32. If a joint and survivor optional
annuity covering the spouse of the retiree was elected by the retiree from a coordinated program,
the retiree's surviving spouse shall be paid a joint and survivor annuity as provided in section
354A.32 and computed pursuant to section 354A.31. If an optional annuity other than a joint and
survivor optional annuity covering the spouse of the retiree was elected by the retiree from a
coordinated program, the optional annuity shall be paid according to its terms.
    Subd. 4. Payment of minimal refund and benefit amounts. If a coordinated member or
former coordinated member dies without having designated a beneficiary or if the designated
beneficiary dies without there existing any other designated beneficiary and prior to making
application for the refund credited to the deceased coordinated member or coordinated former
member, and if the amount of the refund does not exceed $1,500, the board in its discretion
may, in absence of probate proceedings, make payment 90 days after the date of death of the
coordinated member or former coordinated member to the surviving spouse of the deceased
coordinated member or former coordinated member, or if none, to the next of kin as determined
under the laws of descent of the state. A payment under this subdivision shall be a bar to recovery
by any other person or persons. Any retirement annuity in any amount which has accrued at the
time of the death of a coordinated retiree may be paid by the board in its discretion using the
procedure set forth in this subdivision.
    Subd. 5. Payment to designated beneficiary. Any coordinated member and the spouse
of the coordinated member may make a joint specification in writing on a form prescribed by
the executive secretary that the benefits provided in subdivision 1 or 2, shall be paid only to a
designated beneficiary. For purposes of this subdivision, a designated beneficiary may only be
either a former spouse or a child, either natural or adopted, of the member.
History: 1979 c 217 s 20; 1981 c 156 s 5; 1981 c 224 s 140,141; 1982 c 578 art 3 s 8; 1983
c 286 s 13; 1Sp1985 c 7 s 25; 1986 c 458 s 19; 1987 c 372 art 9 s 32; 1989 c 319 art 13 s 81,82;
1993 c 336 art 5 s 1; art 6 s 17-19; 1Sp2001 c 10 art 3 s 24