1.1 	A bill for an act
1.2 	relating to retirement; volunteer firefighter relief associations; increasing the 
1.3 	state supplemental benefit for certain survivors;amending Minnesota Statutes 
1.4 	2004, section 424A.10.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 424A.10, is amended to read:
1.7 	424A.10 STATE SUPPLEMENTAL BENEFIT; VOLUNTEER 
1.8 	FIREFIGHTERS.
1.9 		Subdivision 1.~~Definition~~ Definitions. For purposes of this section~~,~~:
1.10 	(1) "qualified recipient" means an individual who receives a lump sum distribution of 
1.11 	pension or retirement benefits from a firefighters' relief association for service performed 
1.12 	as a volunteer firefighter~~.~~;
1.13 	(2) "survivor of a deceased active volunteer firefighter" means the legally married 
1.14 	spouse of a deceased volunteer firefighter, or, if none, the surviving minor child or minor 
1.15 	children of a deceased volunteer firefighter; and
1.16 	(3) "active volunteer firefighter" means a person who regularly renders fire 
1.17 	suppression service for a municipal fire department or an independent nonprofit firefighting 
1.18 	corporation, who has met the statutory and other requirements for relief association 
1.19 	membership, and who has been a fully qualified member of the relief association for 
1.20 	at least one month.
1.21 		Subd. 2.Payment of supplemental benefit. (a) Upon the payment by a firefighters' 
1.22 	relief association of a lump sum distribution to a qualified recipient, the association must 
1.23 	pay a supplemental benefit to the qualified recipient. Notwithstanding any law to the 
1.24 	contrary, the relief association may pay the supplemental benefit out of its special fund. 
2.1 	The amount of this benefit equals ten percent of the regular lump sum distribution that 
2.2 	is paid on the basis of service as a volunteer firefighter. In no case may the amount of 
2.3 	the supplemental benefit exceed $1,000.
2.4 	(b) Upon the payment by a relief association of a lump sum survivor benefit or 
2.5 	funeral benefit to a survivor of a deceased active volunteer firefighter, the association may 
2.6 	pay a supplemental survivor benefit to the survivor of the deceased volunteer firefighter 
2.7 	from the special fund of the relief association if its articles of incorporation or bylaws so 
2.8 	provide. The amount of the supplemental survivor benefit is 20 percent of the survivor 
2.9 	benefit or funeral benefit, but not to exceed $2,000.
2.10 		Subd. 3.State reimbursement. (a) By February 15 of each year, the treasurer of 
2.11 	the relief association shall apply to the commissioner of revenue for state reimbursement 
2.12 	of the amount of supplemental benefits paid under subdivision 2 during the preceding 
2.13 	calendar year. By March 15 the commissioner shall reimburse the relief association for the 
2.14 	amount of the supplemental benefits paid to qualified recipients. 
2.15 	(b) The commissioner of revenue shall prescribe the form of and supporting 
2.16 	information that must be supplied as part of the application for state reimbursement. 
2.17 	(c) The reimbursement payment must be deposited in the special fund of the relief 
2.18 	association. 
2.19 	(d) A sum sufficient to make the payments is appropriated from the general fund 
2.20 	to the commissioner of revenue.
2.21 		Subd. 4.In lieu of income tax exclusion. (a) The supplemental benefit provided 
2.22 	by this section is in lieu of the state income tax exclusion for lump sum distributions of 
2.23 	retirement benefits paid to volunteer firefighters. 
2.24 	(b) If the law is modified to exclude or exempt volunteer firefighters' lump sum 
2.25 	distributions from state income taxation, the supplemental benefits under this section 
2.26 	may no longer be paid beginning with the first calendar year in which the exclusion or 
2.27 	exemption is effective. This subdivision does not apply to exemption of all or part of a 
2.28 	lump sum distribution under section  290.032 or  290.0802. 
2.29 		Subd. 5.Retroactive reimbursement in certain instances.  A supplemental 
2.30 	survivor or funeral benefit may be paid by a relief association for the death of an active 
2.31 	volunteer firefighter that occurred on or after August 1, 2005, if the relief association 
2.32 	articles of incorporation or bylaws so provide for a supplemental survivor benefit and 
2.33 	for retroactivity.

2.34 	Sec. 2. EFFECTIVE DATE.
 2.35 	Section 1 is effective the day following final enactment.