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3A.04 SURVIVOR BENEFIT.
    Subdivision 1. Surviving spouse. (a) Upon the death of a member of the legislature while
serving as a member, or upon the death of a former member of the legislature with at least six
full years of service or service in all or part of four regular legislative sessions, if section 3A.02,
subdivision 5, paragraph (c), does not apply, the surviving spouse is entitled to a survivor benefit.
    (b) The surviving spouse benefit is one-half of the retirement allowance of the member of the
legislature computed as though the member were at least normal retirement age on the date of
death and based upon the member's allowable service or upon eight years, whichever is greater.
The augmentation provided in section 3A.02, subdivision 4, if applicable, must be applied for the
period up to, and including, the month of death.
    (c) Upon the death of a former legislator receiving a retirement allowance, the surviving
spouse is entitled to one-half of the amount of the retirement allowance being paid to the legislator.
    (d) The surviving spouse benefit is payable for the lifetime of the surviving spouse.
    Subd. 1a.[Repealed, 2006 c 271 art 10 s 33]
    Subd. 2. Dependent children. (a) Upon the death of a member of the legislature while
serving as a member, or upon the death of a former member of the legislature who has rendered
at least six full years of service or service in all or part of four regular legislative sessions and
who was not receiving a retirement allowance, each dependent child of the member or former
legislator is entitled to receive a survivor benefit in the following amount:
    (1) for the first dependent child, a monthly benefit equal to 25 percent of the monthly
retirement allowance of the member of the legislature or the former legislator computed as though
the member or the former legislator had attained at least the normal retirement age on the date
of death and based upon the average monthly salary as of the date of death or as of the date of
termination, whichever applies, and the member's allowable service or eight years, whichever
is greater;
    (2) for each additional dependent child, a monthly benefit equal to 12-1/2 percent of the
monthly retirement allowance of the member or the former legislator computed as provided in
clause (1); and
    (3) the total amount paid to the surviving spouse and to the dependent child or children may
not exceed, in any one month, 100 percent of the monthly retirement allowance of the member
or of the former legislator computed as provided in clause (1).
    (b) The augmentation provided in section 3A.02, subdivision 4, if applicable, applies from
the first day of the month next following the date of the termination of the person from service as
a member of the legislature to the month of the death of the person.
    (c) Upon the death of a former legislator who was receiving a retirement allowance, a
surviving dependent child is entitled to the applicable percentage specified in paragraph (a),
clause (1) or (2), whichever applies, of the amount of the allowance which was paid to the former
legislator for the month immediately before the date of death of the former legislator.
    (d) The payments for dependent children must be made to the surviving spouse or to the
guardian of the estate of the dependent children, if there is one.
    Subd. 3. Payment. The surviving spouse and dependent child or children survivor benefits
payable under this section are payable by the director monthly in the same manner as retirement
allowances are authorized to be paid by this chapter.
    Subd. 4. Death refunds. (a) Upon the death of a member of the legislature or of a former
legislator who was not receiving a retirement allowance without leaving either a surviving spouse
or a dependent child or dependent children, the last designated beneficiary named on a form that
was filed with the director before the death of the legislator, or if no designation is filed, the estate
of the member or the former legislator, upon application, is entitled to a refund.
    (b) The refund is the amount of contributions credited to the person's account plus interest as
provided in section 3A.03, subdivision 2, paragraph (a).
    Subd. 5. Appropriation. The survivor benefits and the death refunds authorized by this
section are appropriated to the director from the general fund when they are due and payable.
History: 1965 c 896 s 4; 1967 c 877 s 3,4; 1969 c 399 s 1; 1969 c 1115 s 2,3; 1971 c 928 s
4-6; 1973 c 653 s 5,6; 1974 c 445 s 7,8; 1975 c 368 s 7,8; 1977 c 429 s 1-3; 1978 c 796 s 8,9;
1980 c 614 s 38,39; 1981 c 224 s 5-8,274; 1986 c 444; 1989 c 319 art 11 s 13; 1991 c 269 art 2 s
1; 1996 c 438 art 1 s 1; 2006 c 271 art 10 s 20-24; art 12 s 2