Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

356.406 LOSS OF ENTITLEMENT TO BENEFITS FOR SURVIVOR CAUSING DEATH
OF PENSION PLAN MEMBER.
    Subdivision 1. Definitions. (a) Each of the words or terms defined in this subdivision has
the meaning indicated.
(b) "Public pension plan" means any retirement plan or fund enumerated in section 356.20,
subdivision 2
, or 356.30, subdivision 3, any relief association governed by section 69.77 or
sections 69.771 to 69.775, any retirement plan governed by chapter 354B or 354C, the Hennepin
County supplemental retirement plan governed by sections 383B.46 to 383B.52, or any housing
and redevelopment authority retirement plan.
(c) "Public pension plan member" means a person who is a participant covered by a public
pension plan; a former participant of a public pension plan who has sufficient service to be
entitled to receive a future retirement annuity or service pension; a recipient of a retirement
annuity, service pension, or disability benefit from a public pension plan; or a former participant
of a public pension plan who has member or employee contributions to the person's credit in the
public pension plan.
(d) "Survivor" means the surviving spouse, a former spouse, a surviving child, a joint
annuitant, a designated recipient of a second or remainder portion of an optional annuity form, a
beneficiary, or the estate of a deceased public pension plan member, as those terms are commonly
understood or defined in the benefit plan document of the public pension plan.
(e) "Survivor benefit" means a surviving spouse benefit, surviving child benefit, second or
remainder portion of an optional annuity form, a death benefit, a funeral benefit, or a refund of
member or employee contributions payable on account of the death of a public pension plan
member as provided for in the benefit plan document of the public pension plan.
    Subd. 2. Suspension of survivor benefits upon felony charge. During the pendency of a
charge of a survivor of a felony that caused the death of a public pension plan member, of criminal
liability for a death by wrongful act felony, or of conspiracy to commit a death by wrongful act
felony, the entitlement of that survivor to receive a survivor benefit is suspended.
    Subd. 3. Forfeiture of survivor benefits upon felony conviction. On final conviction of a
survivor of a felony that caused the death of a public pension plan member, of criminal liability
for a death by wrongful act felony, or of conspiracy to commit a death by wrongful act felony, the
entitlement of that survivor to receive a survivor benefit is forfeited, including entitlement for any
previously suspended survivor benefits under subdivision 2.
    Subd. 4. Suspension or forfeiture actions separate. The charge of one survivor under
subdivision 2 or the conviction of one survivor under subdivision 3 does not affect the entitlement
of another survivor to a survivor benefit.
    Subd. 5. Recovery of certain benefits. If monthly benefits or a refund of the balance of a
participant or former participant's account have already been paid to an individual who is later
charged or convicted as described under this section, the executive director or chief administrative
officer of the public pension plan shall attempt to recover the amounts paid. Payment may be
made to the next beneficiary or survivor only in an amount equal to the amount recovered and
in the amount of any future payments that would legally accrue to another survivor under the
applicable laws of the retirement plan.
    Subd. 6. Disposition of forfeited survivor benefits. If the benefit plan document governing
the public pension plan does not provide for the disposition of forfeited benefits, survivor benefits
forfeited under this section must be deposited in the general fund of the state.
History: 2002 c 392 art 11 s 27