2003 Minnesota Statutes

     353.657 Survivor benefits. 

    Subdivision 1.  In the event a member of the police and 
 fire fund dies from any cause before retirement or after 
 becoming disabled and receiving disability benefits, the 
 association shall grant survivor benefits to a surviving spouse, 
 as defined in section 353.01, subdivision 20, and who was 
 married to the member for a period of at least one year, except 
 that if death occurs in the line of duty no time limit is 
 required.  The association shall also grant survivor benefits to 
 a dependent child or children, as defined in section 353.01, 
 subdivision 15. 

    Notwithstanding the definition of surviving spouse, a 
 former spouse of the member, if any, is entitled to a portion of 
 the monthly surviving spouse benefit if stipulated under the 
 terms of a marriage dissolution decree filed with the 
 association.  If there is no surviving spouse or child or 
 children, a former spouse may be entitled to a lump-sum refund 
 payment under section 353.32, subdivision 1, if provided for in 
 a marriage dissolution decree but not a monthly surviving spouse 
 benefit despite the terms of a marriage dissolution decree filed 
 with the association. 

    The spouse and child or children are entitled to monthly 
 benefits as provided in the following subdivisions. 

    Subd. 2.  The spouse, for life, shall receive a monthly 
 benefit equal to 50 percent of the member's average full-time 
 monthly salary rate as a police officer or firefighter in effect 
 over the last six months of allowable service preceding the 
 month in which death occurred.  If the member was a part-time 
 police officer or firefighter, the monthly survivor benefit is 
 based on the salary rate in effect for that member's part-time 
 service during the last six months of allowable service.  If the 
 member's status changed from full time to part time for health 
 reasons during the last year of employment, the monthly survivor 
 benefit is based on the full-time salary rate of a police 
 officer or firefighter in effect over the last six months of 
 allowable service preceding the month in which the death 
 occurred. 

    Subd. 2a.    Death while eligible survivor benefit.  If 
 a member or former member who has attained the age of at least 
 50 years and has credit for not less than three years allowable 
 service or who has credit for at least 30 years of allowable 
 service, regardless of age attained, dies before the annuity or 
 disability benefit becomes payable, notwithstanding any 
 designation of beneficiary to the contrary, the surviving spouse 
 may elect to receive a death while eligible survivor benefit.  

    Notwithstanding the definition of surviving spouse in 
 section 353.01, subdivision 20, a former spouse of the member, 
 if any, is entitled to a portion of the death while eligible 
 survivor benefit if stipulated under the terms of a marriage 
 dissolution decree filed with the association.  If there is no 
 surviving spouse or child or children, a former spouse may be 
 entitled to a lump-sum refund payment under section 353.32, 
 subdivision 1, if provided for in a marriage dissolution decree 
 but not a death while eligible survivor benefit despite the 
 terms of a marriage dissolution decree filed with the 
 association. 

    The benefit may be elected instead of a refund with 
 interest under section 353.32, subdivision 1, or surviving 
 spouse benefits otherwise payable under subdivisions 1 and 2.  
 The benefit must be an annuity equal to the 100 percent joint 
 and survivor annuity which the member could have qualified for 
 on the date of death, computed as provided in sections 353.651, 
 subdivisions 2 and 3, and 353.30, subdivision 3.  If there is a 
 dependent child or children, and the 100 percent joint and 
 survivor optional annuity for the surviving spouse, when added 
 to the benefit of the dependent child or children under 
 subdivision 3, exceeds an amount equal to 70 percent of the 
 member's specified average monthly salary, the 100 percent joint 
 and survivor annuity must be reduced by the amount necessary so 
 that the total family benefit does not exceed the 70 percent 
 maximum family benefit amount under subdivision 3.  The 100 
 percent joint and survivor optional annuity must be restored to 
 the surviving spouse, plus applicable postretirement fund 
 adjustments under section 356.41, as the dependent child or 
 children become no longer dependent under section 353.01, 
 subdivision 15.  The surviving spouse may apply for the annuity 
 at any time after the date on which the deceased employee would 
 have attained the required age for retirement based on the 
 employee's allowable service.  Sections 353.34, subdivision 3, 
 and 353.71, subdivision 2, apply to a deferred annuity payable 
 under this subdivision.  No payment shall accrue beyond the end 
 of the month in which entitlement to such annuity has 
 terminated.  An amount equal to the excess, if any, of the 
 accumulated contributions which were credited to the account of 
 the deceased employee over and above the total of the annuities 
 paid and payable to the surviving spouse must be paid to the 
 deceased member's last designated beneficiary or, if none, to 
 the legal representative of the estate of such deceased member.  
 Any member may request in writing that this subdivision not 
 apply and that payment be made only to the designated 
 beneficiary, as otherwise provided by this chapter.  For a 
 member who is employed as a full-time firefighter by the 
 Department of Military Affairs of the state of Minnesota, 
 allowable service as a full-time state Military Affairs 
 Department firefighter credited by the Minnesota State 
 Retirement System may be used in meeting the minimum allowable 
 service requirement of this subdivision. 

    Subd. 3.  A dependent child, as defined in section 353.01, 
 subdivision 15, shall receive a monthly benefit equal to ten 
 percent of the member's average full-time monthly salary rate as 
 a police officer or firefighter in effect over the last six 
 months of allowable service preceding the month in which death 
 occurred.  Payments for the benefit of a dependent child must be 
 made to the surviving parent, or to the legal guardian of the 
 child or to any adult person with whom the child may at the time 
 be living, provided only that the parent or other person to whom 
 any amount is to be paid advises the board in writing that the 
 amount will be held or used in trust for the benefit of the 
 child.  The maximum monthly benefit for one family must not 
 exceed an amount equal to 70 percent of the member's specified 
 average monthly salary, and the minimum benefit per family, 
 including the joint and survivor optional annuity under 
 subdivision 2a, and section 353.656, subdivision 1a, must not be 
 less than 50 percent of the member's specified average monthly 
 salary. 

    Subd. 4.  If the member shall die under circumstances which 
 entitle a surviving spouse and dependent children to receive 
 benefits under the workers' compensation law, the amounts so 
 received by them shall not be deducted from the benefits payable 
 under this section. 

    HIST: 1971 c 297 s 4; 1973 c 753 s 75-77; 1974 c 229 s 20; 
 1975 c 102 s 22; 1975 c 359 s 23; 1978 c 471 s 7; 1978 c 796 s 
 39; 1980 c 607 art 15 s 3; 1981 c 180 s 17; 1982 c 404 s 9; 
 1Sp1985 c 7 s 16; 1986 c 444; 1986 c 458 s 13; 1987 c 284 art 5 
 s 16; 1987 c 372 art 1 s 8; art 9 s 22; 1989 c 319 art 13 s 45; 
 art 17 s 16,17; 1990 c 570 art 11 s 11; 1991 c 269 art 2 s 7; 
 1991 c 341 s 24; 1992 c 432 art 2 s 20-22