2001 Minnesota Statutes

     423.809 Pensions, limitations. 

    Subdivision 1.  The association shall grant pensions 
 payable from the police pension fund in monthly installments, in 
 the manner and for the following purposes: 

    (1) Any member of the age of 50 years or more, who performs 
 duty as a member of the police department of the city for 20 
 years or more, upon written application after retiring from 
 duty, shall be paid monthly during the retiring member's 
 lifetime a pension equal to 35 units and an additional unit for 
 each year of service in excess of 20 years, but not to exceed 42 
 units. 

    (2) Any member who performs duty as a member of the police 
 department of the city for 20 years or more who retires from 
 duty before attaining the age of 50 years, upon written 
 application after reaching the age of 50 years shall be paid 
 monthly during the retiring member's lifetime a pension equal to 
 35 units and an additional unit for each year of service in 
 excess of 20 years, but not to exceed 40 units. 

    (3) Any member who, after ten years service but with less 
 than 20 years service with the police department of the city, 
 becomes superannuated so as to be permanently unable to perform 
 the member's duties, shall be paid monthly during the retiring 
 member's lifetime a pension equal to 16 units and an additional 
 two units for each completed year of service over ten years and 
 less than 20 years. 

    (4) Any member not eligible for a service pension who, 
 while a member of the police department of the city, becomes 
 diseased or sustains an injury which permanently unfits the 
 member for the performance of police duties, shall be paid 
 monthly during the disabled member's lifetime a pension equal to 
 36 units while so disabled. 

    Subd. 2.  If a member of the police department of the city 
 is separated from the service under circumstances that no 
 pension benefits are payable to the member or to the member's 
 surviving spouse or to the member's surviving children, the 
 treasurer of the city shall return to the member 75 percent of 
 the amount the member has paid in without interest.  In the 
 event the member is reinstated to police duty all moneys paid to 
 the member shall be returned to the pension fund within six 
 months from the date of the reinstatement.  Failure to do so 
 relieves the association from any liability as to prior years of 
 service credit as of the reinstatement date.  In case of the 
 death of the member, any sums shall be paid to the member's 
 heirs, executors, or administrators. 

    Subd. 3.  In the case of any applicant for a pension 
 pursuant to subdivision 1, clauses (1), (2), or (3), who, 
 following admission to membership in the association has served 
 in the military forces of the United States in any war or 
 national defense emergency subsequent to January 1, 1940, and 
 thereafter returned honorably discharged from such service and 
 resumed membership in the association, the period that the 
 applicant spent in such military service shall be counted in 
 computing period of service required for benefits under this 
 section.  During such period of military service or defense 
 emergency service, any such person is not considered a member of 
 the association and is not entitled to any pension provided by 
 subdivision 1, clauses (3) and (4).  If the member does not 
 return to employment in the police department of the city within 
 one year from the time peace is declared or within one year from 
 the termination of the period of emergency, whichever is the 
 later, the provisions of this subdivision shall not apply. 

    Subd. 4.  No member shall be awarded, granted, or paid a 
 pension pursuant to subdivision 1, clauses (3) and (4), except 
 upon the certificate of two or more physicians or surgeons 
 chosen by the governing board.  This certificate shall set forth 
 the cause, nature, and extent of the disability, disease, or 
 injury of the member.  No member shall be awarded, granted, or 
 paid a pension pursuant to subdivision 1, clause (4), unless the 
 certificate states the disability, disease, or injury.  Each 
 such certificate shall be filed with the association.  

    Subd. 5.  A member who has been finally convicted of a 
 felony is not entitled to any pension.  

    HIST: 1955 c 105 s 9; 1981 c 224 s 203,204; 1986 c 444