2007 Minnesota Statutes

353E.07 SURVIVOR BENEFITS.
    Subdivision 1. Member at least age 50. If a member or former member of the local
government correctional service retirement plan who has attained the age of at least 50 years and
has credit for not less than three years of allowable service dies before the annuity or disability
benefit has become payable, notwithstanding any designation of beneficiary to the contrary, the
surviving spouse may elect to receive, in lieu of a refund with interest provided in section 353.32,
subdivision 1 , a surviving spouse annuity equal to the 100 percent joint and survivor annuity for
which the member could have qualified had the member terminated service on the date of death.
    Subd. 2. Member not yet age 50. If the member was under age 50, dies, and had credit for
not less than three years of allowable service on the date of death but did not yet qualify for
retirement, the surviving spouse may elect to receive a 100 percent joint and survivor annuity
based on the age of the employee and the surviving spouse at the time of death. The annuity is
payable using the early retirement reduction under section 353E.04, subdivision 4, to age 50 and
one-half the early retirement reduction from age 50 to the age payment begins. Sections 353.34,
subdivision 3 , and 353.71, subdivision 2, apply to a deferred annuity or surviving spouse benefit
payable under this subdivision.
    Subd. 3. Election; accrual. A surviving spouse election under subdivisions 1 and 2 may be
made at any time after the date of death of the local government correctional service employee.
The surviving spouse benefit begins to accrue as of the first of the next month following the date
on which the application for the benefit was filed.
    Subd. 4. Surviving spouse coverage; term certain. In lieu of the 100 percent optional
annuity under subdivision 1, the surviving spouse of a deceased local government correctional
service employee may elect to receive survivor coverage in a term certain of ten, 15, or 20 years.
The monthly term certain annuity must be actuarially equivalent to the 100 percent optional
annuity under subdivision 1 and must be based on tables approved by the actuary retained under
section 356.214. The optional annuity ceases upon the expiration of the term certain period. If a
survivor elects a term certain annuity and dies before the expiration of the specified term certain
period, the commuted value of the remaining annuity payments must be paid in a lump sum to
the survivor's estate.
    Subd. 5. Dependent child survivor coverage. If there is no surviving spouse eligible for
benefits under subdivisions 1, 2, and 4, a dependent child as defined in section 353.01, subdivision
15a , is eligible for a dependent child survivor benefit. Benefits to a dependent child must be paid
from the date of the employee's death to the date the dependent child attains age 20 if the child is
under age 15 on the date of death. If the child is 15 years or older on the date of death, the benefit
is payable for five years. The payment to a dependent child is an amount actuarially equivalent
to the value of a 100 percent joint and survivor optional annuity using the age of the employee
and age of the dependent child at the date of death in lieu of the age of the surviving spouse.
If there is more than one dependent child, each dependent child shall receive a proportionate
share of the actuarial value of the employee's account, with the amount of the benefit payable to
each child to be determined based on the portion of the total eligibility period that each child is
eligible. The process for calculating the dependent child survivor benefit must be approved by
the actuary retained under section 356.214.
    Subd. 6. Payment to designated beneficiary. An amount equal to any excess of the
accumulated contributions that were credited to the account of the deceased employee over
and above the total of the annuities paid and payable to the surviving spouse or dependent
children must be paid to the deceased member's last designated beneficiary or, if none, to the legal
representative of the estate of the deceased member.
    Subd. 7. Election that section does not apply. A member may specify in writing that this
section does not apply and that payment must be made only to the designated beneficiary, as
otherwise provided by this chapter.
History: 1999 c 222 art 2 s 13; 2006 c 271 art 3 s 47