2005 Minnesota Statutes

     423A.171 Bylaw amendments. 

    (a) Notwithstanding a provision of law governing a local 
 police or salaried firefighters' relief association to the 
 contrary, the board of trustees of a local relief association 
 governed by section 69.77 or its successor board under chapter 
 353A or 353B, with municipal approval as provided in section 
 69.77, subdivision 11, may amend the bylaws of the relief 
 association to provide that a surviving spouse benefit is 
 payable to a surviving spouse who married a deferred or retired 
 member after the member's retirement, provided the marriage 
 occurred at least five years before the death of the member. 

    (b) If the surviving spouse benefit change described in 
 paragraph (a) is made, the change applies to a surviving spouse 
 benefit payable on the effective date of the change and to the 
 potential surviving spouses of all deferred or retired members 
 of the relief association who have that status on the effective 
 date of the change. 

    (c) The bylaw amendment is not effective until a certified 
 copy of the amendment and the municipal approval has been filed 
 by the municipal clerk with the executive director of the 
 legislative commission on pensions and retirement, the state 
 auditor, and the secretary of state. 

    (d) Notwithstanding the provisions of section 353B.11, a 
 surviving spouse benefit change made under this section for a 
 relief association that has consolidated with the Public 
 Employees Retirement Association is effective upon approval by 
 the Public Employees Retirement Association and the municipality 
 under paragraph (c). 

    HIST: 1994 c 528 art 6 s 1; 2002 c 392 art 1 s 5