2000 Minnesota Statutes

     423.58 Death of pensioner; rights of surviving spouse 
  and children. 

    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 $50 
 and not to exceed $100 per month, as the bylaws of such 
 association shall provide, for the surviving spouse's natural 
 life; provided, however, that 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 $150 per month. 

    (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 each association may provide; but the total amount of 
 such pension or pensions hereunder for any child or children 
 shall not exceed the sum of $150 per month. 

    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: 1947 c 624 s 18; 1961 c 639 s 4; 1978 c 562 s 23; 1983 c 
 7 s 11