Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 590-H.F.No. 2512 
                  An act relating to retirement; providing for level 
                  benefits for the Minneapolis police relief 
                  association; changing the definition of surviving 
                  spouses eligible for benefits; amending Minnesota 
                  Statutes 1992, sections 353B.11, subdivision 1; 
                  423B.09, subdivision 1; Minnesota Statutes 1993 
                  Supplement, sections 353B.07, subdivision 3; and 
                  423B.10, subdivision 1.  
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                   ARTICLE 1 
                     MINNEAPOLIS POLICE RELIEF ASSOCIATION 
                             BENEFIT MODIFICATIONS 
           Section 1.  Minnesota Statutes 1992, section 423B.09, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MINNEAPOLIS POLICE; PERSONS ENTITLED TO 
        RECEIVE PENSIONS.] The association shall grant pensions payable 
        from the police pension fund in monthly installments to persons 
        entitled to pensions in the manner and for the following 
        purposes. 
           (a) An active member or a deferred pensioner who has 
        performed duty as a member of the police department of the city 
        for five years or more, upon written application after retiring 
        from duty and reaching at least age 50, is entitled to be paid 
        monthly for life a service pension equal to eight units.  For 
        full years of service beyond five years, the service pension 
        increases by 1.6 units for each full year, to a maximum of 40 
        units, as follows:. 
          Sixth through 20th years       1.6 units per year of service 
          21st through 24th years        1.0 units per year of service 
          25th year                      4.0 units 
           Fractional years of service may not be used in computing 
        pensions. 
           (b) An active member who after five years' service but less 
        than 20 years' service with the police department of the city, 
        becomes superannuated so as to be permanently unable to perform 
        the person's assigned duties, is entitled to be paid monthly for 
        life a superannuation pension equal to two units for five years 
        of service and an additional two units for each full year of 
        service over five years and less than 20 years. 
           (c) An active member who is not eligible for a service 
        pension and who, while a member of the police department of the 
        city, becomes diseased or sustains an injury while in the 
        service that permanently unfits the member for the performance 
        of police duties is entitled to be paid monthly for life a 
        pension equal to 32 units while so disabled. 
           Sec. 2.  Minnesota Statutes 1993 Supplement, section 
        423B.10, subdivision 1, is amended to read: 
           Subdivision 1.  [ENTITLEMENT; BENEFIT AMOUNT.] (a) The 
        surviving spouse of a deceased service pensioner, disability 
        pensioner, deferred pensioner, superannuation pensioner, or 
        active member, who was the legally married spouse of the 
        decedent, residing with the decedent, and who was married while 
        or before the time the decedent was on the payroll of the police 
        department in the case of a deceased active member, and who, if 
        the deceased member was a service or deferred pensioner, was 
        legally married to the member for a period of at least one year 
        five years before retirement from the police department the 
        member's death, is entitled to a surviving spouse benefit.  The 
        surviving spouse benefit is equal to 21 units per month if the 
        person is the surviving spouse of a deceased active member or 
        disabilitant.  The surviving spouse benefit is equal to six 
        units per month, plus an additional one unit for each year of 
        service to the credit of the decedent in excess of five years, 
        to a maximum of 21 units per month, if the person is the 
        surviving spouse of a deceased service pensioner, deferred 
        pensioner, or superannuation pensioner.  The surviving spouse 
        benefit is payable for the life of the surviving spouse. 
           (b) A surviving child of a deceased service pensioner, 
        disability pensioner, deferred pensioner, superannuation 
        pensioner, or active member, who was living while the decedent 
        was an active member of the police department or was born within 
        nine months after the decedent terminated active service in the 
        police department, is entitled to a surviving child benefit.  
        The surviving child benefit is equal to eight units per month if 
        the person is the surviving child of a deceased active member or 
        disabilitant.  The surviving child benefit is equal to two units 
        per month, plus an additional four-tenths of one unit per month 
        for each year of service to the credit of the decedent in excess 
        of five years, to a maximum of eight units, if the person is the 
        surviving child of a deceased service pensioner, deferred 
        pensioner, or superannuation pensioner.  The surviving child 
        benefit is payable until the person attains age 18, or, if in 
        full-time attendance during the normal school year, in a school 
        approved by the board of directors, until the person receives a 
        bachelor's degree or attains the age of 22 years, whichever 
        occurs first.  In the event of the death of both parents leaving 
        a surviving child or children entitled to a surviving child 
        benefit as determined in this paragraph, the surviving child is, 
        or the surviving children are, entitled to a surviving child 
        benefit in such sums as determined by the board of directors to 
        be necessary for the care and education of such surviving child 
        or children, but not to exceed the family maximum benefit per 
        month, to the children of any one family.  
           (c) The surviving spouse and surviving child benefits are 
        subject to a family maximum benefit.  The family maximum benefit 
        is 40 units per month. 
           Sec. 3.  [LOCAL APPROVAL.] 
           Sections 1 and 2 are effective on approval by the 
        Minneapolis city council and compliance with Minnesota Statutes, 
        section 645.021. 
                                   ARTICLE 2 
                               CONFORMING CHANGES
           Section 1.  Minnesota Statutes 1993 Supplement, section 
        353B.07, subdivision 3, is amended to read: 
           Subd. 3.  [FORMULA PERCENTAGE RATE.] (a) The formula 
        percentage rate shall be 2.333 percent per year of allowable 
        service for each of the first 20 years of allowable service, 
        1.333 percent per year of allowable service for each year of 
        allowable service in excess of 20 years but not in excess of 27 
        years, and .5 percent for each year of allowable service in 
        excess of 25 years for the former members of the following 
        consolidating relief associations: 
           (1) Rochester fire department relief association; 
           (2) Rochester police relief association; 
           (3) St. Cloud fire department relief association; 
           (4) St. Cloud police relief association; 
           (5) St. Louis Park police relief association; and 
           (6) Winona police relief association. 
           (b) The formula percentage rate shall be 2.5 percent per 
        year of allowable service for each of the first 20 years of 
        allowable service for the former members of the following 
        consolidating relief associations: 
           (1) Albert Lea police relief association; 
           (2) Anoka police relief association; 
           (3) Faribault fire department relief association; 
           (4) Faribault police benefit association; 
           (5) Mankato police benefit association; 
           (6) Red Wing police relief association; and 
           (7) West St. Paul police relief association.  
           (c) The formula percentage rate shall be 2.5 percent per 
        year of allowable service for each of the first 20 years of 
        allowable service and .5 percent per year of allowable service 
        for each year of service in excess of 25 years of allowable 
        service for the former members of the following consolidating 
        relief associations:  
           (1) Austin firefighters relief association; 
           (2) Austin police relief association; 
           (3) South St. Paul firefighters relief association; 
           (4) South St. Paul police relief association; and 
           (5) Virginia police relief association. 
           (d) The formula percentage rate shall be 2.1875 percent per 
        year of allowable service for each of the first 20 years of 
        allowable service and 1.25 percent per year of allowable service 
        for each year of allowable service in excess of 20 years of 
        allowable service but not in excess of 27 years of allowable 
        service for the former members of the Columbia Heights police 
        relief association.  
           (e) The formula percentage rate shall be 2.65 percent per 
        year of allowable service for each of the first 20 years of 
        allowable service and an additional annual benefit of $120 per 
        year of allowable service in excess of 20 years of allowable 
        service but not in excess of 25 years of allowable service for 
        the former members of the following consolidating relief 
        associations:  
           (1) Hibbing firefighters relief association; and 
           (2) Hibbing police relief association. 
           (f) The formula percentage rate or rates shall be the 
        following for the former members of the consolidating relief 
        associations as indicated: 
           (1) 2.5 percent per year of allowable service for each of 
        the first 20 years of allowable service, one percent per year of 
        allowable service in excess of 20 years of allowable service but 
        not more than 25 years of allowable service, and 1.5 percent per 
        year of allowable service in excess of 25 years of allowable 
        service, Albert Lea firefighters relief association; 
           (2) 2.5333 percent per year of allowable service for each 
        of the first 20 years of allowable service and 1.3333 percent 
        per year of allowable service in excess of 20 years of allowable 
        service, but not in excess of 27 years of allowable service, if 
        service as an active member terminated before January 31, 1994, 
        and 2.3333 percent per year of allowable service for each of the 
        first 20 years of allowable service and 1.3333 percent per year 
        of allowable service for each year of allowable service in 
        excess of 20 years of allowable service, but not in excess of 27 
        years of allowable service if service as an active member 
        terminated on or after January 31, 1994, Bloomington police 
        relief association; 
           (3) the greater of 2.5 percent per year of allowable 
        service for each of the first 20 years of allowable service 
        applied to the final salary base, or two percent per year of 
        allowable service for each of the first 20 years of allowable 
        service applied to top grade patrol officer's salary base, 
        Brainerd police relief association; 
           (4) 4.25 percent per year of allowable service for each of 
        the first 20 years of allowable service and an additional 
        benefit of $10 per month per year of allowable service in excess 
        of 20 years of allowable service but not more than 25 years of 
        allowable service, Buhl police relief association; 
           (5) 2.5 percent per year of allowable service for each of 
        the first 20 years of allowable service and an additional 
        benefit of $5 per month per year of allowable service in excess 
        of 20 years of allowable service but not more than 25 years of 
        allowable service, Chisholm firefighters relief association; 
           (6) 2.5 percent per year of allowable service for each of 
        the first 20 years of allowable service and an additional 
        benefit of $5 per month per year of allowable service in excess 
        of 20 years of allowable service but not more than 25 years of 
        allowable service and .5 percent per year of allowable service 
        in excess of 25 years of allowable service, Chisholm police 
        relief association; 
           (7) 2.1875 percent per year of allowable service for each 
        year of the first 20 years of allowable service, 1.25 percent 
        per year of allowable service in excess of 20 years of allowable 
        service but not more than 25 years of allowable service and 1.75 
        percent per year of allowable service in excess of 25 years of 
        allowable service, Columbia Heights fire department relief 
        association, paid division; 
           (8) 2.5 percent per year of allowable service for each year 
        of the first 20 years of allowable service and 1.5 percent per 
        year of allowable service rendered after attaining the age of 60 
        years, Crookston fire department relief association; 
           (9) 2.5 percent per year of allowable service for each year 
        of the first 30 years of allowable service, Crookston police 
        relief association; 
           (10) 2.25 percent per year of allowable service for each 
        year of the first 20 years of allowable service and 1.25 percent 
        per year of allowable service in excess of 20 years of allowable 
        service, but not more than 27 years of service, Crystal police 
        relief association; 
           (11) 1.99063 percent per year of allowable service for each 
        year of the first 20 years of allowable service, 1.25 percent 
        for the 21st year of allowable service, and 2.5 percent per year 
        of allowable service in excess of 21 years of allowable service 
        but not more than 25 years of allowable service, Duluth 
        firefighters relief association; 
           (12) 1.9875 percent per year of allowable service for each 
        year of the first 20 years of allowable service, 1.25 percent 
        for the 21st year of allowable service, and 2.5 percent per year 
        of allowable service in excess of 21 years of allowable service 
        but not more than 25 years of allowable service, Duluth police 
        relief association; 
           (13) 2.5 percent per year of allowable service for each 
        year of the first 20 years of allowable service, and two percent 
        per year of allowable service in excess of 20 years but not more 
        than 25 years of allowable service and not to include any year 
        of allowable service rendered after attaining the age of 55 
        years, Fairmont police benefit association; 
           (14) two percent per year of allowable service for each 
        year of the first ten years of allowable service, 2.67 percent 
        per year of allowable service in excess of ten years of 
        allowable service but not more than 20 years of allowable 
        service and 1.3333 percent per year of allowable service in 
        excess of 20 years of service but not more than 27 years of 
        allowable service, Fridley police pension association; 
           (15) 2.5 percent per year of allowable service for each 
        year of the first 20 years of allowable service and an 
        additional annual amount of $30 per year of allowable service in 
        excess of 20 years of allowable service but not more than 30 
        years of allowable service, Mankato fire department relief 
        association; 
           (16) for members who terminated active service as a 
        Minneapolis firefighter before June 1, 1993, 2.0625 percent per 
        year of allowable service for each year of the first 20 years of 
        allowable service, 1.25 percent per year of allowable service in 
        excess of 20 years of allowable service but not more than 24 
        years of allowable service and five percent for the 25th year of 
        allowable service, and for members who terminated active service 
        as a Minneapolis firefighter after May 31, 1993, two percent for 
        each year of the first 19 years of allowable service, 3.25 
        percent for the 20th year of allowable service, and two percent 
        per year of allowable service in excess of 20 years of service, 
        but not more than 25 years of allowable service, Minneapolis 
        fire department relief association; 
           (17) 2.125 two percent per year of allowable service for 
        each year of the first 20 25 years of allowable service, 1.25 
        percent per year of allowable service in excess of 20 years of 
        allowable service but not more than 24 years of allowable 
        service, and five percent for the 25th year of allowable 
        service, Minneapolis police relief association; 
           (18) the greater of 2.5 percent per year of allowable 
        service for each of the first 20 years of allowable service 
        applied to the final salary base, or two percent per year of 
        allowable service for each of the first 20 years of allowable 
        service applied to highest patrol officer's salary base plus .5 
        percent of the final salary base per year of allowable service 
        for each of the first three years of allowable service in excess 
        of 20 years of allowable service, New Ulm police relief 
        association; 
           (19) two percent per year of allowable service for each of 
        the first 25 years of allowable service and 1.5 percent per year 
        of allowable service in excess of 25 years of allowable service, 
        Red Wing fire department relief association; 
           (20) 2.55 percent per year of allowable service for each of 
        the first 20 years of allowable service, Richfield fire 
        department relief association; 
           (21) 2.4 percent per year of allowable service for each of 
        the first 20 years of allowable service and 1.3333 percent per 
        year of allowable service in excess of 20 years of allowable 
        service but not more than 27 years of allowable service, 
        Richfield police relief association; 
           (22) for a former member with less than 20 years of 
        allowable service on June 16, 1985, 2.6 percent, and for a 
        former member with 20 or more years of allowable service on June 
        16, 1985, 2.6175 percent for each of the first 20 years of 
        allowable service and, for each former member, one percent for 
        each year of allowable service in excess of 20 years, but no 
        more than 30 years, St. Louis Park fire department relief 
        association; 
           (23) 1.9375 percent per year of allowable service for each 
        of the first 20 years of allowable service, 2.25 percent per 
        year of allowable service in excess of 20 years of allowable 
        service but not more than 25 years of allowable service, and .5 
        percent per year of allowable service in excess of 25 years of 
        allowable service, St. Paul fire department relief association; 
           (24) two percent per year of allowable service for each of 
        the first 25 years of allowable service and .5 percent per year 
        of allowable service in excess of 25 years of allowable service, 
        St. Paul police relief association; 
           (25) 2.25 percent per year of allowable service for each of 
        the first 20 years of allowable service and one percent per year 
        of allowable service in excess of 20 years but not more than 25 
        years of allowable service and .5 percent per year of allowable 
        service in excess of 25 years, Virginia fire department relief 
        association; 
           (26) two percent per year of allowable service for each of 
        the first 20 years of allowable service, one percent per year of 
        allowable service in excess of 20 years but not more than 24 
        years of allowable service, three percent for the 25th year of 
        allowable service and one percent per year of allowable service 
        in excess of 25 years of allowable service but not more than 30 
        years of allowable service, West St. Paul firefighters relief 
        association; and 
           (27) 2.333 percent for each of the first 20 years of 
        allowable service, 1.333 percent for each year of allowable 
        service in excess of 20 years but no more than 28 years, and .5 
        percent for each year of allowable service in excess of 25 
        years, Winona fire department relief association. 
           Sec. 2.  Minnesota Statutes 1992, section 353B.11, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ELIGIBILITY; SURVIVING SPOUSE BENEFIT.] 
        (a) Except as specified in paragraph (b), (c), (d), (e), or (f), 
        the person who survives a deceased active, deferred, or retired 
        member, who was legally married to the member at the time of the 
        death of the deceased member, who was legally married to the 
        member for at least one year before the separation from active 
        service if the deceased member was a deceased, deferred, or 
        retired member and who was residing with the member at the time 
        of the death of the deceased member shall be entitled to receive 
        a surviving spouse benefit.  
           (b) The person who survives a deceased active, deferred, or 
        retired member, who was legally married to the member at the 
        time of the death of the deceased member, who was legally 
        married to the member at the time of separation from active 
        service if the deceased member was a deceased deferred or 
        retired member and who was residing with the member at the time 
        of the death of the member shall be entitled to receive a 
        surviving spouse benefit in the case of former members of the 
        following consolidating relief associations:  
           (1) Albert Lea police relief association; 
           (2) Anoka police relief association; 
           (3) Austin firefighters relief association; 
           (4) Austin police relief association; 
           (5) Brainerd police benefit association; 
           (6) Columbia Heights police relief association; 
           (7) Crookston fire department relief association; 
           (8) Crookston police relief association; 
           (9) Fairmont police benefit association; 
           (10) Faribault police benefit association; 
           (11) Mankato fire department relief association; 
           (12) Red Wing police relief association; 
           (13) South St. Paul police relief association; 
           (14) Virginia fire department relief association; 
           (15) Virginia police relief association; and 
           (16) West St. Paul police relief association. 
           (c) The person who survives a deceased active, deferred, or 
        retired member, who was legally married to the member at the 
        time of the death of the deceased member, and who was legally 
        married to the member at the time of separation from active 
        service if the deceased member was a deceased deferred or 
        retired member shall be entitled to receive a surviving spouse 
        benefit in the case of former members of the following 
        consolidating relief associations:  
           (1) Chisholm police relief association; 
           (2) Hibbing police relief association; 
           (3) Mankato police benefit association; and 
           (4) New Ulm police relief association.  
           (d) The person who survives a deceased active, deferred, or 
        retired member, who was legally married to the member at the 
        time of the death of the deceased member, who was legally 
        married to the member for at least one year before the 
        separation from active service if the deceased member was the 
        recipient of a service pension or was entitled to a deferred 
        service pension and who was residing with the member at the time 
        of the death of the deceased member in the case of former 
        members of the Minneapolis fire department relief association.  
           (e) The person who survives a deceased active, deferred, or 
        retired member, who was legally married to the member at the 
        time of the death of the deceased member, who was residing with 
        the member at the time of the death of the decedent, and, if the 
        deceased member was the recipient of a service pension or was 
        entitled to a deferred service pension at the time of death, who 
        was legally married to the member for at least five years before 
        the member's death, in the case of former members of the 
        Minneapolis police relief association.  
           (f) The person who survives a deceased active, deferred, or 
        retired member, who was legally married to the member at the 
        time of the death of the deceased member, who was legally 
        married to the member for at least three years before the 
        separation from active service if the deceased member was a 
        deceased, retired, or deferred member and who was residing with 
        the member at the time of the death of the member shall be 
        entitled to receive a surviving spouse benefit in the case of 
        former members of the South St. Paul firefighters relief 
        association.  
           (f) (g) The person who survives a deceased active, 
        deferred, or retired member who was legally married to the 
        member at the time of the death of the deceased member, who was 
        legally married to the member for at least one year before the 
        separation from active service if the deceased member was a 
        deceased, deferred, or retired member and who had not deserted 
        the member at the time of the death of the deceased member shall 
        be entitled to receive a surviving spouse benefit in the case of 
        former members of the St. Paul police relief association. 
           Sec. 3.  [EFFECTIVE DATE.] 
           Sections 1 and 2 are effective on the effective date of 
        article 1, section 1. 
           Presented to the governor May 5, 1994 
           Signed by the governor May 6, 1994, 4:48 p.m.