2000 Minnesota Statutes

     423.387 Benefits; pensioners, survivors. 

    Subdivision 1.  When a service pensioner, disability 
 pensioner, or deferred pensioner, or an active member of such 
 relief association dies, leaving a surviving spouse, one or more 
 surviving child, or both, such surviving spouse and said child 
 or children shall be entitled to a pension or pensions as 
 follows: 

    (1) To such surviving spouse a pension of not less than $25 
 per month, as the bylaws of such association shall provide, for 
 the surviving spouse's natural life; provided, if the surviving 
 spouse shall remarry, then such pension shall cease and 
 terminate as of the date of the surviving spouse's remarriage. 

    (2) To such child or children, if the surviving spouse of 
 the member is living and has not remarried, a pension of not to 
 exceed $25 per month for each child up to the time each child 
 reaches the age of not less than 16, and not to exceed 18 years 
 of age, which pension and age shall be fixed by the bylaws of 
 such association.  Provided, the total pension hereunder for the 
 surviving spouse and children of said deceased member shall not 
 exceed the sum of one-half of the prevailing monthly pay of such 
 decedent during the major portion of the year immediately 
 preceding the termination of services as a police officer in the 
 police department of such municipality, and thereafter the 
 maximum pension of such surviving spouse and children shall not 
 exceed one-half of the prevailing pay of active members of the 
 association of equivalent rank to the position held by such 
 decedent for the major portion of the year immediately preceding 
 the termination of services as a police officer, or the position 
 most closely analogous thereto. 

    (3) A child or children of a deceased member receiving a 
 pension or pensions hereunder shall, after the death or 
 remarriage of the surviving spouse of the member, be entitled to 
 receive a pension or pensions in such amount or amounts as may 
 be fixed by the bylaws of such association, until they reach the 
 age of not less than 16 and not more than 18 years, as the 
 bylaws of such association may provide; but the total amount of 
 such pension or pensions hereunder for any child or children 
 shall not exceed the sum of one-half of the prevailing pay of 
 such decedent during the major portion of the year immediately 
 preceding the termination of services as a police officer in the 
 police department of such municipality, and thereafter the 
 maximum pension of such child or children shall not exceed 
 one-half of the prevailing pay of active members of the 
 association of equivalent rank to the position held by such 
 decedent for the major portion of the year immediately preceding 
 the termination of services as a police officer, or the position 
 most closely analogous thereto.  The board of directors of such 
 association shall determine to whom and for what purposes such 
 pension or pensions shall be paid for the benefit of such child 
 or children. 

    Subd. 2.    Definitions.  (a) "Surviving spouse" means a 
 person who became the member's legally married spouse during or 
 prior to the time the member was on the payroll of any such 
 police department as a police officer, and remained such 
 continuously after their marriage until the member's death, 
 without having been granted a marriage dissolution or legal 
 separation, and who, in case the deceased member was a service 
 or deferred pensioner, was legally married to the member before 
 the member's retirement from the police department; and who, in 
 any case, was residing with the member at the time of the 
 member's death.  No temporary absence for purposes of business, 
 health or pleasure shall constitute a change of residence for 
 purposes of this clause. 

    (b) "Surviving child" means any child born the issue of the 
 lawful marriage of a service, disability or deferred pensioner 
 or of a deceased active member.  

    HIST: 1943 c 521 s 18; 1947 c 625 s 10; 1953 c 35 s 5; 1978 c 
 562 s 19; 1983 c 7 s 10; 1986 c 444