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Minnesota Legislature

Office of the Revisor of Statutes

353.31 SURVIVOR BENEFITS.
    Subdivision 1. Benefits for surviving spouse and dependent children; before retirement.
Upon the death of a basic member before retirement or upon the death of a basic member who
was disabled and receiving disability benefits under section 353.33 at the time of death who has
had at least 18 months of credited allowable service, the surviving spouse and dependent child
or children of the member, as defined in section 353.01, subdivisions 15 and 20, are entitled to
receive the monthly benefit provided below:
(a) Surviving spouse
50 percent of the member's monthly average
salary in effect over the last full six months of
allowable service preceding the month in which
death occurred
(b) Each dependent child
10 percent of the member's monthly average
salary in effect over the last full six months of
allowable service preceding the month in which
death occurred
Notwithstanding the definition of surviving spouse under section 353.01, subdivision 20, a former
spouse of the member, if any, is entitled to a portion of the monthly surviving spouse benefit if
stipulated under the terms of a marriage dissolution decree that is filed with the association. If
there is no surviving spouse or child or children, a former spouse may be entitled to a lump-sum
refund payment under section 353.32, subdivision 1, if provided for in a marriage dissolution
decree but not a monthly surviving spouse benefit even if required by the decree.
    Subd. 1a. Maximum family benefit. Payments for the benefit of a dependent child or
children, as defined in section 353.01, subdivision 15, must be made to the surviving parent, or to
the legal guardian of the child. The maximum monthly benefit for a family must not exceed an
amount equal to 70 percent of the member's specified average monthly salary, and the minimum
benefit for a family including a 100 percent joint and survivor annuity under subdivision 1b, must
not be less than 50 percent of the basic member's specified average monthly salary.
    Subd. 1b. Joint and survivor option. (a) Prior to payment of a surviving spouse benefit
under subdivision 1, the surviving spouse may elect to receive the 100 percent joint and survivor
optional annuity under section 353.32, subdivision 1a, rather than a surviving spouse benefit.
(b) If there is a dependent child or children, and the 100 percent joint and survivor
optional annuity for the surviving spouse, when added to the dependent children's benefit under
subdivisions 1 and 1a, exceeds an amount equal to 70 percent of the member's specified average
monthly salary, the 100 percent joint and survivor annuity under section 353.32, subdivision 1a,
must be reduced by the amount necessary so that the total family benefit does not exceed the 70
percent maximum family benefit amount under subdivision 1a.
(c) The 100 percent joint and survivor optional annuity must be restored to the surviving
spouse, plus applicable postretirement fund adjustments under section 356.41, as the dependent
child or children become no longer dependent under section 353.01, subdivision 15.
    Subd. 1c. Coordinated members. Except for benefits provided under section 353.32,
no survivor benefits are payable to the surviving spouse or dependent children of a deceased
coordinated member.
    Subd. 2.[Repealed, 1973 c 753 s 85]
    Subd. 3.[Repealed, 1973 c 753 s 85]
    Subd. 4.[Repealed, 1973 c 753 s 85]
    Subd. 5.[Repealed, 1973 c 753 s 85]
    Subd. 6.[Repealed, 1973 c 753 s 85]
    Subd. 7.[Repealed, 1973 c 753 s 85]
    Subd. 8. Accrual of benefits. All benefits under this section and survivor benefits otherwise
provided in this chapter when payable to persons qualifying therefor shall accrue on the first day
following the death of a "basic member" or the first day of the month following the death of an
annuitant or disabilitant. No payment may be made retroactively for more than 12 months prior to
that month in which the application is filed, and no benefit shall accrue beyond the end of the
month in which entitlement to such benefits has terminated.
    Subd. 9. Application for benefits. Every claim or demand for a survivor benefit or spouse's
annuity shall be initiated by written application in the manner and form prescribed by the
executive director, filed in the office of the retirement association, showing compliance with the
statutory conditions qualifying the applicant for such survivor benefit or spouse's annuity.
    Subd. 10.[Repealed, 1973 c 753 s 85]
    Subd. 11.[Repealed, 1977 c 429 s 65]
History: 1957 c 935 s 11; 1959 c 646 s 1; 1959 c 650 s 19,20,47; 1959 c 651 s 1; 1961 c
467 s 1-4; Ex1961 c 79 s 1; 1963 c 641 s 19-21; 1965 c 880 s 5; Ex1967 c 26 s 2; 1969 c 858 s
1; 1969 c 940 s 6; 1971 c 106 s 23-25; 1973 c 753 s 46,47; 1974 c 229 s 15; 1975 c 102 s 13;
1977 c 429 s 27; 1978 c 471 s 4; 1978 c 796 s 32; 1979 c 216 s 10; 1981 c 180 s 9; 1981 c 224 s
85,86; 1982 c 578 art 1 s 4; 1984 c 564 s 23; 1991 c 269 art 2 s 6; 1991 c 341 s 17; 1992 c 432
art 2 s 10; 1Sp2005 c 8 art 10 s 49