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423B.09 RELIEF ASSOCIATION SERVICE PENSIONS AND DISABILITY PENSIONS.
    Subdivision 1. Minneapolis police; persons entitled to receive pensions. The association
shall grant pensions payable from the police pension fund in monthly installments to persons
entitled to pensions in the manner and for the following purposes.
(a) An active member or a deferred pensioner who has performed duty as a member of the
police department of the city for five years or more, upon written application after retiring from
duty and reaching at least age 50, is entitled to be paid monthly for life a service pension. Active
members, deferred members, and service pensioners are entitled to a service pension according
to the following schedule:

A
B

5 years
8.5 units
9.0 units

6 years
10.1 units
10.6 units

7 years
11.7 units
12.2 units

8 years
13.3 units
13.8 units

9 years
14.9 units
15.4 units

10 years
16.5 units
17.0 units

11 years
18.1 units
18.6 units

12 years
19.7 units
20.2 units

13 years
21.3 units
21.8 units

14 years
22.9 units
23.4 units

15 years
24.5 units
25.0 units

16 years
26.1 units
26.6 units

17 years
27.7 units
28.2 units

18 years
29.3 units
29.8 units

19 years
30.9 units
31.4 units

20 years
34.5 units
35.0 units

21 years
36.1 units
36.6 units

22 years
37.7 units
38.2 units

23 years
39.3 units
39.8 units

24 years
40.9 units
41.4 units

25 years
42.5 units
43.0 units
Column A is applicable until December 31, 2005, and applies retroactively to January 1,
2005, for a service pensioner who retired before January 1, 2005. Column B applies on and
after January 1, 2006.
Fractional years of service may not be used in computing pensions.
(b) An active member who after five years' service but less than 20 years' service with the
police department of the city, becomes superannuated so as to be permanently unable to perform
the person's assigned duties, is entitled to be paid monthly for life a superannuation pension equal
to four units for five years of service and an additional two units for each full year of service over
five years and less than 20 years.
(c) An active member who is not eligible for a service pension and who, while a member
of the police department of the city, becomes diseased or sustains an injury while in the service
that permanently unfits the member for the performance of police duties is entitled to be paid
monthly for life a pension equal to 34 units while so disabled.
    Subd. 2. Death refund. No refund of member contributions is payable upon separation from
service. If an active member dies leaving no surviving spouse or children entitled to survivor
benefits, the member's heirs, executors, or administrators are entitled to a refund of $100 for each
completed year of service.
    Subd. 3. Service in military forces, effect. (a) An applicant for a pension under subdivision
1, paragraph (a) or (b), who, after becoming an active member has served in the military forces of
the United States in a war or national defense emergency after January 1, 1940, and thereafter
returned honorably discharged from military service and resumed active membership in the
association, is entitled to have the period that the applicant spent in military service counted in
computing periods of service required for benefits under this section, but the total credit for
military service involving service rendered after June 1, 1963, may not exceed six years.
(b) During the period of military service or defense emergency service, the person is not
considered to be an active member of the association and is not entitled to any pension provided
by subdivision 1, paragraphs (b) and (c).
(c) If the member does not return to employment in the police department of the city within
one year from the time peace is declared or within one year from the termination of the period of
emergency, whichever is later, the provisions of this subdivision do not apply.
(d) The provisions of this subdivision apply notwithstanding the provisions of the veteran's
preference law or any other law, rule, or bylaw providing for credit for military service in
computing the pensions for members of the Minneapolis Police Relief Association.
    Subd. 4. Certificate of physicians required. (a) No member is entitled to a pension under
subdivision 1, paragraph (b) or (c), except upon the certificate of two or more physicians,
surgeons, chiropractors, licensed psychologists, or a combination of experts chosen by the
governing board. This certificate must set forth the cause, nature, and extent of the disability,
disease, or injury of the member.
(b) No active member may be awarded, granted, or paid a disability pension under
subdivision 1, paragraph (c), unless the certificate states that the disability, disease, or injury was
incurred or sustained by the member while in the service of the police department of the city. The
certificate must be filed with the secretary of the association.
    Subd. 5. Member convicted of felony. A member who has been convicted of a felony is not
entitled to any pension during the period of incarceration in a penal institution as a punishment for
the commission of a felony.
    Subd. 6. Optional annuities. A member who is retired or disabled on the effective date of
Laws 1997, chapter 233, article 4, section 6, may elect an optional retirement annuity within 60
days of the effective date of Laws 1997, chapter 233, article 4, section 6, instead of the normal
retirement annuity. A member who retires or becomes disabled after the effective date of Laws
1997, chapter 233, article 4, section 6, may elect an optional retirement annuity prior to the
receipt of any benefits. The optional retirement annuity may be a 50 percent, a 75 percent, or
a 100 percent joint and survivor annuity without reinstatement in the event of the designated
beneficiary predeceasing the member or a 50 percent, a 75 percent, or a 100 percent joint and
survivor annuity with reinstatement in the event of the designated beneficiary predeceasing the
member. Optional retirement annuity forms must be actuarially equivalent to the service pension
and automatic survivor coverage otherwise payable to the retiring member and the member's
beneficiaries. A member may only designate the member's spouse as the recipient of a joint
and survivor annuity and no benefit or annuity may be paid to a person who does not meet the
definition of a surviving spouse member under section 423B.01, subdivision 17. Once selected,
the optional annuity is irrevocable.
    Subd. 7. Additional unit. The additional half units provided to members by subdivision 1
must also be provided under the same terms and at the same time as applicable under subdivision
1 to members who selected a joint annuity option under subdivision 6 and must be in an amount
that is actuarially equivalent to the service pension and the automatic survivor coverage for
that additional unit.
History: 1992 c 471 art 1 s 9; 1994 c 590 art 1 s 1; 1997 c 233 art 4 s 5,6; 2002 c 392 art 16
s 1; 2004 c 267 art 8 s 36; 1Sp2005 c 8 art 11 s 10,11; 2006 c 271 art 9 s 2

Official Publication of the State of Minnesota
Revisor of Statutes