2005 Minnesota Statutes

     352C.04 Spouse's and dependent children's survivor 
  benefits. 

    Subdivision 1.    Surviving spouse benefit.  Upon the 
 death of a constitutional officer while actively serving in 
 office, or a former constitutional officer with at least eight 
 years of allowable service, the surviving spouse is entitled to 
 a survivor benefit in the amount of one-half of the retirement 
 allowance of the constitutional officer or the former 
 constitutional officer computed as though the constitutional 
 officer or the former constitutional officer were at least age 
 62 on the date of death and based upon the attained allowable 
 service or eight years, whichever is greater.  The augmentation 
 provided in section 352C.033, if applicable, shall be applied to 
 the month of death.  Upon the death of a former constitutional 
 officer receiving a retirement allowance, the surviving spouse 
 shall be entitled to one-half of the amount of the retirement 
 allowance being paid to the former constitutional officer as of 
 the date of death.  The benefit shall be paid to a surviving 
 spouse eligible therefor during the remainder of the spouse's 
 natural life.  

    Subd. 2.  Repealed, 1976 c 329 s 36 

    Subd. 2a.    Surviving dependent child benefit.  Upon 
 the death of a constitutional officer while serving in office, 
 or a former constitutional officer with at least eight years of 
 allowable service, each dependent child shall be paid a survivor 
 benefit in the following amount:  First dependent child, a 
 monthly benefit which equals 25 percent of the monthly 
 retirement allowance computed as though the constitutional 
 officer or the former constitutional officer were at least age 
 62 on the date of death and based upon the attained allowable 
 service or eight years, whichever is greater; for each 
 additional dependent child or a monthly benefit which equals 
 12-1/2 percent of the monthly retirement allowance computed as 
 in the case of the first child; but the total amount paid to the 
 surviving spouse and dependent children shall not exceed in any 
 one month 100 percent of the monthly allowance of the 
 constitutional officer or the former constitutional officer 
 computed as in the case of the first child.  The augmentation 
 provided in subdivision 1, if applicable, shall be applied to 
 the month of death.  Upon the death of a former constitutional 
 officer receiving a retirement allowance, the surviving 
 dependent child shall be entitled to the applicable percentage 
 of the amount of the retirement allowance being paid as of the 
 date of death.  The payments for dependent children shall be 
 made to the surviving spouse or the guardian of the estate of 
 the dependent child, if there is one.  A posthumous child 
 qualifies as a dependent child for benefits provided herein from 
 the date of its birth. 

    Subd. 2b.  Repealed, 1976 c 329 s 36 

    Subd. 3.    Payment interval.  Spouse's and dependent 
 children's survivor benefits, payable under this section, shall 
 be paid monthly by the executive director of the Minnesota State 
 Retirement System. 

    Subd. 4.    Application for survivor benefits.  A 
 surviving spouse or a guardian of the estate of the dependent 
 child or children entitled to the payment of benefits under this 
 section shall file an application for the benefit with the 
 director, and payment shall commence as of the first day of the 
 month next following the filing of the application and shall be 
 retroactive to the first of the month following the death of the 
 constitutional officer or the former constitutional officer; 
 provided, however, that no payment shall be retroactive for more 
 than 12 months prior to the month in which the application is 
 filed with the director.  Such benefits shall be paid on the 
 first day of each calendar month for that month.  The surviving 
 spouse benefit shall cease with the payment for the month in 
 which the surviving spouse dies.  The dependent child's benefit 
 shall cease with the payment for the month in which the child no 
 longer qualifies for payment as a dependent child. 

    HIST: 1967 c 700 s 4; 1969 c 399 s 1; 1969 c 1115 s 5; 1971 c 
 928 s 8-10; 1974 c 445 s 13; 1976 c 329 s 6,7; 1978 c 796 s 
 16-18; 1980 c 614 s 139; 1981 c 224 s 67; 1986 c 444; 1991 c 269 
 art 2 s 3,4; 1993 c 307 art 1 s 31