Section 353B.11 Survivor Benefits
353B.11 SURVIVOR BENEFITS.
Subdivision 1.Eligibility; surviving spouse benefit.
(a) Except as specified in paragraph (b), (c), (d), (e), (f), (g), or (h), 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 Police Relief Association;
(4) Brainerd Police Benefit Association;
(5) Columbia Heights Police Relief Association;
(6) Crookston Fire Department Relief Association;
(7) Crookston Police Relief Association;
(8) Fairmont Police Benefit Association;
(9) Faribault Police Benefit Association;
(10) Mankato Fire Department Relief Association;
(11) Red Wing Police Relief Association;
(12) South St. Paul Police Relief Association;
(13) Virginia Fire Department Relief Association;
(14) Virginia Police Relief Association; and
(15) 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 either legally married to the member at the time of separation from active service or legally married the member after the time of separation from active service and was married for at least three years before the date of death of the member 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 is entitled to receive a surviving spouse benefit in the case of former members of the Austin Firefighters 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 legally married to the member for at least five years before death 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.
(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 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.
(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 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.
(h) 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.
Subd. 2.Eligibility; surviving child benefit.
(a) Except as specified in paragraph (b), (c), (d), (e), (f), or (g), the person who survives a deceased active, deferred, or retired member, who is the child of the deceased member and who is younger than age 18 at the time of the death of the deceased member shall be entitled to receive a surviving child benefit.
(b) The person who survives a deceased active, deferred, or retired member, who is the child of the deceased member, and who is younger than age 18 if the person is not a full-time student or age 22 if the person is a full-time student shall be entitled to receive a surviving child benefit in the case of former members of the following consolidating relief associations:
(1) Bloomington Police Relief Association;
(2) Buhl Police Relief Association;
(3) Columbia Heights Fire Department Relief Association, Paid Division;
(4) Duluth Firefighters Relief Association;
(5) Duluth Police Pension Association;
(6) Minneapolis Fire Department Relief association;
(7) Minneapolis Police Relief Association; and
(8) St. Paul Fire Department Relief Association.
(c) The person who survives a deceased active, deferred, or retired member, who is the child of the deceased member and who is younger than age 16 shall be entitled to receive a surviving child benefit in the case of former members of the following consolidating relief associations:
(1) Chisholm Police Relief Association; and
(2) Hibbing Police Relief Association.
(d) The person who survives a deceased active, deferred, or retired member, who is the child of the deceased member and who is younger than age 19 shall be entitled to receive a surviving child benefit in the case of former members of the Albert Lea Firefighters Relief Association.
(e) The person who survives a deceased active, deferred, or retired member, who is the child of the deceased member and who is younger than age 18 if the person is not a full-time student or age 21 if the person is a full-time student shall be entitled to receive a surviving child benefit in the case of former members of the Crookston Police Relief Association.
(f) The person who survives a deceased active, deferred, or retired member, who is the child of the deceased member, who was dependent on the deceased member and who is younger than age 18 shall be entitled to receive a surviving child benefit in the case of former members of the Red Wing Police Relief Association.
(g) The person who survives a deceased active, deferred, or retired member, who is the child of the deceased member and who is younger than age 18 if the person is not a full-time student or age 23 if the person is a full-time student shall be entitled to receive a surviving child benefit in the case of former members of the St. Paul Police Relief Association.
Subd. 3.Amount; surviving spouse benefit.
(a) The surviving spouse benefit shall be 30 percent of the salary base for the former members of the following consolidating relief associations:
(1) Albert Lea Firefighters Relief Association;
(2) Albert Lea Police Relief Association;
(3) Anoka Police Relief Association;
(4) Austin Police Relief Association;
(5) Brainerd Police Benefit Association;
(6) Crookston Police Relief Association;
(7) Faribault Fire Department Relief Association; and
(8) West St. Paul Firefighters Relief Association.
(b) The surviving spouse benefit shall be 25 percent of the salary base for the former members of the following consolidating relief associations:
(1) Chisholm Police Relief Association;
(2) Duluth Firefighters Relief Association;
(3) Duluth Police Pension Association;
(4) Fairmont Police Benefit Association;
(5) Red Wing Fire Department Relief Association;
(6) South St. Paul Police Relief Association; and
(7) West St. Paul Police Relief Association.
(c) The surviving spouse benefit shall be 24 percent of the salary base for the former members of the following consolidating relief associations:
(1) Fridley Police Pension Association;
(2) Richfield Police Relief Association;
(3) Rochester Fire Department Relief Association;
(4) Rochester Police Relief Association;
(5) Winona Fire Department Relief Association; and
(6) Winona Police Relief Association.
(d) The surviving spouse benefit shall be 40 percent of the salary base for the former members of the following consolidating relief associations:
(1) Columbia Heights Fire Department Relief Association, Paid Division; and
(2) New Ulm Police Relief Association.
(e) The surviving spouse benefit shall be 30 percent of the salary base for the former members of the following consolidating relief associations:
(1) Hibbing Firefighters Relief Association; and
(2) Hibbing Police Relief Association.
(f) The surviving spouse benefit shall be 23.75 percent of the salary base for the former members of the following consolidating relief associations:
(1) Crystal Police Relief Associations; and
(2) Minneapolis Police Relief Association.
(g) The surviving spouse benefit shall be 32 percent of the salary base for the former members of the following consolidating relief associations:
(1) St. Cloud Fire Department Relief Association; and
(2) St. Cloud Police Relief Association.
(h) The surviving spouse benefit shall be one-half of the service pension or disability benefit which the deceased member was receiving as of the date of death, or of the service pension which the deferred member would have been receiving if the service pension had commenced as of the date of death or of the service pension which the active member would have received based on the greater of the allowable service credit of the person as of the date of death or 20 years of allowable service credit if the person would have been eligible as of the date of death, for the former members of the following consolidating relief associations:
(1) Virginia Fire Department Relief Association; and
(2) Virginia Police Relief Association.
(i) The surviving spouse benefit shall be the following for the former members of the consolidating relief associations as indicated:
(1) 30 percent of the salary base, reduced by any amount awarded or payable from the service pension or disability benefit of the deceased former firefighter to a former spouse of the member by virtue of the legal dissolution of the member's marriage to the former spouse if the surviving spouse married the member after the time of separation from active service, Austin Firefighters Relief Association;
(2) 27.333 percent of the salary base, or one-half of the service pension payable to or accrued by the deceased former member, whichever is greater, Bloomington Police Relief Association;
(3) 72.25 percent of the salary base, Buhl Police Relief Association;
(4) 50 percent of the service pension which the active member would have received based on allowable service credit to the date of death and prospective service from the date of death until the date on which the person would have attained the normal retirement age, 50 percent of the service pension which the deferred member would have been receiving if the service pension had commenced as of the date of death or $175 per month if the deceased member was receiving a service pension or disability benefit as of the date of death, Chisholm Firefighters Relief Association;
(5) two-thirds of the service pension or disability benefit which the deceased member was receiving as of the date of death, or of the service pension which the deferred member would have been receiving if the service pension had commenced as of the date of death or of the service pension which the active member would have received based on the greater of the allowable service credit of the person as of the date of death or 20 years of allowable service credit if the person would have been eligible as of the date of death, Columbia Heights Police Relief Association;
(6) the greater of $300 per month or one-half of the service pension or disability benefit which the deceased member was receiving as of the date of death, or of the service pension which the deferred member would have been receiving if the service pension had commenced as of the date of death or of the service pension which the active member would have received based on the allowable service credit of the person as of the date of death if the person would have been eligible as of the date of death, Crookston Fire Department Relief Association;
(7) $100 per month, Faribault Police Benefit Association;
(8) 60 percent of the service pension or disability benefit which the deceased member was receiving as of the date of death, or of the service pension which the deferred member would have been receiving if the service pension had commenced as of the date of death or of the service pension which the active member would have received based on the allowable service credit of the person as of the date of death if the person would have been eligible as of the date of death, Mankato Fire Department Relief Association;
(9) $175 per month, Mankato Police Benefit Association;
(10) 26.25 percent of the salary base, Minneapolis Fire Department Relief Association;
(11) equal to the service pension or disability benefit which the deceased member was receiving as of the date of death, or of the service pension which the deferred member would have been receiving if the service pension had commenced as of the date of death or of the service pension which the active member would have received based on the allowable service credit of the person as of the date of death if the person would have been eligible as of the date of death, Red Wing Police Relief Association;
(12) 78.545 percent of the benefit amount payable prior to the death of the deceased active, disabled, deferred, or retired firefighter if that firefighter's benefit was 55 percent of salary or would have been 55 percent of salary if the firefighter had survived to begin benefit receipt; or 80 percent of the benefit amount payable prior to the death of the deceased active, disabled, deferred, or retired firefighter if that firefighter's benefit was 54 percent of salary or would have been 54 percent of salary if the firefighter had survived to begin benefit receipt, Richfield Fire Department Relief Association;
(13) 40 percent of the salary base for a surviving spouse of a deceased active member, disabled member, or retired or deferred member with at least 20 years of allowable service, or the prorated portion of 40 percent of the salary base that bears the same relationship to 40 percent that the deceased member's years of allowable service bear to 20 years of allowable service for the surviving spouse of a deceased retired or deferred member with at least ten but less than 20 years of allowable service, St. Louis Park Fire Department Relief Association;
(14) 26.6667 percent of the salary base, St. Louis Park Police Relief Association;
(15) 27.5 percent of the salary base, St. Paul Fire Department Relief Association;
(16) 27.5 percent of the salary base, St. Paul Police Relief Association; and
(17) 27 percent of the salary base, South St. Paul Firefighters Relief Association.
Subd. 4.Amount; surviving child benefit.
(a) The surviving child benefit shall be eight percent of the salary base for the former members of the following consolidating relief associations:
(1) Fridley Police Pension Association;
(2) Red Wing Fire Department Relief Association;
(3) Richfield Police Relief Association;
(4) Rochester Fire Department Relief Association;
(5) Rochester Police Relief Association;
(6) St. Cloud Police Relief Association;
(7) St. Louis Park Police Relief Association;
(8) South St. Paul Firefighters Relief Association;
(9) Winona Fire Department Relief Association; and
(10) Winona Police Relief Association.
(b) The surviving child benefit shall be $25 per month for the former members of the following consolidating relief associations:
(1) Anoka Police Relief Association;
(2) Austin Firefighters Relief Association;
(3) Austin Police Relief Association;
(4) Faribault Police Benefit Association;
(5) Hibbing Firefighters Relief Association;
(6) Mankato Police Benefit Association;
(7) South St. Paul Police Relief Association; and
(8) Virginia Fire Department Relief Association.
(c) The surviving child benefit shall be ten percent of the salary base for the former members of the following consolidating relief associations:
(1) Albert Lea Police Relief Association;
(2) Crookston Police Relief Association;
(3) Duluth Firefighters Relief Association;
(4) Duluth Police Pension Association;
(5) Faribault Fire Department Relief Association; and
(6) Minneapolis Fire Department Relief Association.
(d) The surviving child benefit shall be five percent of the salary base for the former members of the following consolidating relief associations:
(1) Columbia Heights Fire Department Relief Association, Paid Division;
(2) St. Paul Police Relief Association; and
(3) West St. Paul Firefighters Relief Associations.
(e) The surviving child benefit shall be $15 per month for the former members of the following consolidating relief associations:
(1) Crookston Fire Department Relief Association;
(2) Hibbing Police Relief Association; and
(3) West St. Paul Police Relief Association.
(f) The surviving child benefit shall be 7.5 percent of the salary base for the former members of the following consolidating relief associations:
(1) Bloomington Police Relief Association; and
(2) Crystal Police Relief Association.
(g) The surviving child benefit shall be the following for the former members of the consolidating relief associations as indicated:
(1) ten percent of the salary base if a surviving spouse benefit is also payable, that amount between ten percent of the salary base and 50 percent of the salary base as determined by the executive director of the public employees retirement association, based on the financial circumstances and need of the surviving child or surviving children, applied in a uniform manner, reflective to the extent practicable or determinable to the past administrative practices of the board of the consolidating relief association before the effective date of the consolidation if there is a surviving spouse but no surviving spouse benefit is also payable on account of the remarriage of the surviving spouse, or 50 percent of the salary base, payable in equal shares for more than one surviving child, if there is no surviving spouse, Albert Lea Firefighters Relief Association;
(2) four percent of the salary base, Brainerd Police Benefit Association;
(3) $125 per month if a surviving spouse benefit is also payable or an amount equal to the surviving spouse benefit, payable in equal shares if there is more than one surviving child, if no surviving spouse benefit is payable, Buhl Police Relief Association;
(4) $15 per month, Chisholm Firefighters Relief Association;
(5) $125 per month, Chisholm Police Relief Association;
(6) $50 per month, Columbia Heights Police Relief Association;
(7) 6.25 percent of the salary base, Fairmont Police Benefit Association;
(8) 12.5 percent of the service pension or disability benefit which the deceased member was receiving as of the date of death, or of the service pension which the deferred member would have been receiving if the service pension had commenced as of the date of death or of the service pension which the active member would have received based on the allowable service credit of the person as of the date of death if the person would have been eligible as of the date of death, Mankato Fire Department Relief Association;
(9) ten percent of the salary base if a surviving spouse benefit is also payable or an amount determined by the executive director of the Public Employees Retirement Association based on the financial circumstances and need of the surviving child or surviving children, applied in a uniform manner, and subject to the largest applicable amount surviving child benefit maximum if no surviving spouse benefit is also payable, Minneapolis Police Relief Association;
(10) $25 per month if a surviving spouse benefit is also payable or an amount equal to the surviving spouse benefit, payable in equal shares if there is more than one surviving child, New Ulm Police Relief Association;
(11) in an amount determined by the executive director of the Public Employees Retirement Association based on the financial circumstances and need of the surviving child or surviving children, applied in a uniform manner, reflective to the extent practicable or determinable to the past administrative practices of the board of the consolidating relief association before the effective date of the consolidation and not more than the largest surviving child benefit amount prescribed for any other actual or potential consolidating relief association as provided in this section, Red Wing Police Relief Association;
(12) 9.818 percent of the benefit payable to the firefighter or to which the firefighter would have been eligible at the time of death if that firefighter's benefit was or would have been 55 percent of salary and if a surviving spouse benefit is also payable or 29.454 percent if a surviving spouse benefit is not payable; or ten percent of the benefit payable to the firefighter or to which the firefighter would have been eligible at the time of death if that firefighter's benefit was or would have been 54 percent of salary and if a surviving spouse benefit is also payable or 30 percent if a surviving spouse benefit is not payable, Richfield Fire Department Relief Association;
(13) 5.3334 percent of the salary base, St. Cloud Fire Department Relief Association;
(14) five percent of the salary base if a surviving spouse benefit is also payable or 15 percent of the salary base if no surviving spouse benefit is also payable for the surviving child or children of a deceased active member, disabled member, or retired or deferred member with at least 20 years of active service, or the prorated portion of five percent of the salary base if a surviving spouse benefit is also payable or 15 percent of the salary base if no surviving spouse benefit is also payable that bears the same relationship to five or 15 percent that the deceased member's years of allowable service bear to 20 years of allowable service for the surviving child or children of a deceased retired or deferred member with at least ten but less than 20 years of allowable service, St. Louis Park Fire Department Relief Association;
(15) ten percent of the salary base, St. Paul Fire Department Relief Association; and
(16) $50 per month, Virginia Police Relief Association.
Subd. 5.Survivor benefit maximum.
(a) No surviving children or surviving family maximum shall be applicable to former members of the following consolidating relief associations:
(1) Buhl Police Relief Association;
(2) Chisholm Firefighters Relief Association;
(3) Chisholm Police Relief Association;
(4) Hibbing Firefighters Relief Association;
(5) Mankato Police Benefit Association;
(6) New Ulm Police Relief Association;
(7) Red Wing Fire Department Relief Association;
(8) Red Wing Police Relief Association;
(9) St. Paul Police Relief Association; and
(10) South St. Paul Police Relief Association.
(b) The surviving children maximum shall be 24 percent of the salary base, if a surviving spouse benefit is also payable or 48 percent of the salary base, if no surviving spouse benefit is also payable, for the former members of the following consolidating relief associations:
(1) Fridley Police Pension Association;
(2) Richfield Police Relief Association;
(3) Rochester Fire Department Relief Association;
(4) Rochester Police Relief Association;
(5) Winona Fire Department Relief Association; and
(6) Winona Police Relief Association.
(c) The surviving family maximum shall be 50 percent of the salary base for the former members of the following consolidating relief associations:
(1) Anoka Police Relief Association;
(2) Austin Firefighters Relief Association;
(3) Austin Police Relief Association;
(4) Duluth Firefighters Relief Association; and
(5) St. Louis Park Fire Department Relief Association.
(d) The surviving family maximum shall be an amount equal to the service pension which a retiring member would have received based on 20 years of allowable service credit if the member had attained the age of at least 50 years in the case of an active member, or of the service pension which the deferred member would have been receiving if the service pension had commenced as of the date of death in the case of a deferred member, or of the service pension or disability benefit which the deceased member was receiving as of the date of death, for the former members of the following consolidating relief associations:
(1) Columbia Heights Police Relief Association;
(2) Virginia Fire Department Relief Association; and
(3) Virginia Police Relief Association.
(e) The surviving children maximum shall be 25 percent of the salary base, if a surviving spouse benefit is also payable or 50 percent of the salary base, if no surviving spouse benefit is also payable, for the former members of the following consolidating relief associations:
(1) Duluth Police Pension Association; and
(2) Fairmont Police Benefit Association.
(f) The surviving children maximum shall be 22.5 percent of the salary base, if a surviving spouse benefit is also payable or 45 percent of the salary base, if no surviving spouse benefit is also payable, for the former members of the Crystal Police Relief Association.
(g) The surviving children maximum shall be 16 percent of the salary base, if a surviving spouse benefit is also payable or 48 percent of the salary base, if no surviving spouse benefit is also payable, for the former members of the following consolidating relief associations:
(1) St. Cloud Fire Department Relief Association; and
(2) St. Cloud Police Relief Association.
(h) The surviving children maximum shall be 20 percent of the salary base, if a surviving spouse benefit is also payable or 50 percent of the salary base, if no surviving spouse benefit is also payable, for the former members of the following consolidating relief associations:
(1) Albert Lea Firefighters Relief Association;
(2) Albert Lea Police Relief Association; and
(3) Faribault Fire Department Relief Association.
(i) The surviving family maximum shall be the following for the former members of the consolidating relief associations:
(1) 60 percent of the salary base, Bloomington Police Relief Association;
(2) $450 per month, Crookston Police Relief Association;
(3) 80 percent of the service pension or disability benefit which the deceased member was receiving as of the date of death, or of the service pension which the deferred member would have been receiving if the service pension had commenced as of the date of death or of the service pension which the active member would have received based on the greater of the allowable service credit of the person as of the date of death or 20 years of allowable service credit if the person would have been eligible as of the date of death, Mankato Fire Department Relief Association;
(4) 98.182 percent of the benefit amount payable or to which the firefighter was eligible prior to the death of the firefighter if that firefighter's benefit was or would have been 55 percent of salary, or 100 percent of the benefit amount payable or to which the firefighter was eligible prior to the death of the firefighter if that firefighter's benefit was or would have been 54 percent of salary, Richfield Fire Department Relief Association; and
(5) 57.5 percent of the salary base, St. Paul Fire Department Relief Association.
(j) The surviving child maximum shall be the following for the former members of the consolidating relief associations:
(1) 20 percent of the top salary payable to a patrol officer, Brainerd Police Benefit Association;
(2) ten percent of the salary base, if a surviving spouse benefit is also payable or 15 percent of the salary base, if no surviving spouse benefit is also payable, Columbia Heights Fire Department Relief Association, paid division;
(3) $105 per month if a surviving spouse benefit is also payable or $90 per month if no surviving spouse benefit is also payable, Crookston Fire Department Relief Association;
(4) $125 per month, Faribault Police Benefit Association;
(5) $30 per month if a surviving spouse benefit is also payable or $180 per month if no surviving spouse benefit is also payable, Hibbing Police Relief Association;
(6) 25 percent of the salary base, if a surviving spouse benefit is also payable or 51.25 percent of the salary base, if no surviving spouse benefit is also payable, Minneapolis Fire Department Relief Association;
(7) 17.5 percent of the salary base, if a surviving spouse benefit is also payable or 50 percent of the salary base, if no surviving spouse benefit is also payable, Minneapolis Police Relief Association;
(8) 24 percent of the salary base, St. Louis Park Police Relief Association;
(9) 23 percent of the salary base, if a surviving spouse benefit is also payable or 50 percent of the salary base, if no surviving spouse benefit is also payable, South St. Paul Firefighters Relief Association;
(10) ten percent of the salary base, West St. Paul Firefighters Relief Association; and
(11) $30 per month if a surviving spouse benefit is also payable or $75 per month if no surviving spouse benefit is also payable, West St. Paul Police Relief Association.
Subd. 6.Discontinuation; surviving spouse benefit.
For all consolidating relief associations, a surviving spouse benefit terminates only upon the death of the person entitled to receive or receiving a surviving spouse benefit.
Subd. 7.Discontinuation; surviving child benefit.
A surviving child benefit shall terminate upon the loss of eligible surviving child status by the person previously entitled to receive or receiving a surviving child benefit.
Subd. 8.Other death benefit coverage.
Any lump-sum death benefit or funeral benefit provided for in the governing benefit plan documents shall be considered to be special benefit coverage governed by section 353A.08, subdivision 6, for the former members of the following consolidating relief associations:
(1) Crookston Fire Department Relief Association;
(2) Hibbing Firefighters Relief Association;
(3) Mankato Fire Department Relief Association;
(4) Red Wing Fire Department Relief Association; and
(5) Richfield Fire Department Relief Association.
History:
1987 c 296 s 28; 1991 c 269 art 2 s 8; 1993 c 124 art 2 s 1,2; 1993 c 202 art 2 s 3-6; 1993 c 307 art 4 s 44; 1994 c 491 art 2 s 1; 1994 c 590 art 2 s 2; 1994 c 591 art 2 s 1; 1996 c 448 art 4 s 1,2; 1997 c 241 art 2 s 4-6; 2000 c 461 art 3 s 26