2000 Minnesota Statutes

     423.810 Benefits. 

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

    (a) To the surviving spouse, a pension of 18 units per 
 month, for the surviving spouse's natural life; but if the 
 surviving spouse shall remarry the pension shall cease as of the 
 date of the remarriage. 

    (b) To each surviving child, a pension of six units per 
 month until the child reaches the age of 18 years. 

    The total pensions hereunder for the surviving spouse and 
 children of a deceased member shall not exceed 36 units per 
 month. 

    "Surviving spouse" means a person who was the member's 
 legally married spouse, residing with the member, and who was 
 married during or prior to the time the member was on the 
 payroll of the police department, and who, in case the deceased 
 member was a service or deferred pensioner, was legally married 
 to the member at least one year before the member's retirement 
 from the police department.  "Surviving child" means any child 
 of the deceased member who was living while the deceased member 
 was on the payroll of the police department or was born within 
 ten months after the deceased member was withdrawn from the 
 payroll of the police department and who has not attained the 
 age of 18 years. 

    Subd. 2.  A surviving spouse or child under 18 years of age 
 of any member convicted of a felony shall not be deprived of a 
 pension by reason of the conviction unless the surviving spouse 
 or child was a party to the commission of the felony.  When such 
 member is receiving a pension at the time of conviction, the 
 member's spouse or children under 18 years of age who were not 
 parties to the commission of the felony shall receive the 
 pension provided for herein, in the event of the member's death. 

    Subd. 3.  Any member who becomes disabled from performing 
 duties as a member of the police department of the city by 
 reason of sickness or accident, if off the payroll of the police 
 department, having exhausted all sick leave and other benefits, 
 is entitled to receive from the association during disability 
 such benefits as the bylaws of the association provide, but such 
 benefits shall not extend beyond a six-month period.  The bylaws 
 may provide that such a member shall have completed a minimum 
 number of years of service in order to be entitled to such 
 benefits.  Before any such benefits shall be paid or allowed, 
 notice of the disability and application for benefits on account 
 thereof shall be made to the secretary of the association within 
 90 days after such sickness or disability. 

    HIST: 1955 c 105 s 10; 1978 c 562 s 25,26; 1981 c 224 s 205; 
 1986 c 444