SCS1057A-8
  1.1      Senator Kelley moved to amend S.F. No. 1057  as follows: 
  1.2      Page 96, after line 6, insert: 
  1.3                              "ARTICLE 9
  1.4     SURVIVOR BENEFIT FOR SPOUSE OF POLICE OFFICER KILLED IN IRAQ
  1.5      Section 1.  [SURVIVOR BENEFIT FOR ST. LOUIS PARK POLICE 
  1.6   OFFICER KILLED IN IRAQ CONFLICT.] 
  1.7      Subdivision 1.  [ELIGIBILITY.] (a) Notwithstanding any 
  1.8   provision of Minnesota Statutes, section 353.657, subdivision 1, 
  1.9   regarding required length of marriage, an eligible person 
  1.10  described in paragraph (b) is authorized to apply for a 
  1.11  surviving spouse annuity from the public employees police and 
  1.12  fire retirement plan to be computed under Minnesota Statutes, 
  1.13  section 353.657, subdivision 2, as limited under this section. 
  1.14     (b) An eligible person for purposes of paragraph (a) is the 
  1.15  surviving spouse of a deceased public employees police and fire 
  1.16  retirement plan member who: 
  1.17     (1) was born on October 29, 1979; 
  1.18     (2) was a member of the public employees police and fire 
  1.19  retirement plan commencing on January 24, 2004, due to 
  1.20  employment as a police officer by the city of St. Louis Park; 
  1.21  and 
  1.22     (3) died on February 21, 2005, while providing military 
  1.23  service in Iraq. 
  1.24     Subd. 2.  [APPLICATION PROCESS.] An eligible person 
  1.25  described in subdivision 1 is authorized to apply for the 
  1.26  applicable surviving spouse annuity on a form or forms provided 
  1.27  by the executive director of the Public Employees Retirement 
  1.28  Association.  The person must provide sufficient documentation 
  1.29  of eligibility to the executive director, as the executive 
  1.30  director may prescribe, and any other documentation and 
  1.31  information required to determine the benefit payable under this 
  1.32  section. 
  1.33     Subd. 3.  [REFUND REPAYMENT AUTHORIZATION.] An annuity 
  1.34  under this section is in lieu of any death refund to which an 
  1.35  eligible person would otherwise be entitled.  If an eligible 
  1.36  person has received a death refund, that person is authorized to 
  2.1   repay that refund, under the terms specified in Minnesota 
  2.2   Statutes, section 353.35, notwithstanding any law to the 
  2.3   contrary. 
  2.4      Subd. 4.  [RETROACTIVE APPLICATION.] If a valid benefit 
  2.5   application is made by an eligible person under this section, 
  2.6   the monthly annuity payments commence retroactive to February 
  2.7   21, 2005.  
  2.8      Subd. 5.  [OFFSET.] The amount of the monthly surviving 
  2.9   spouse annuity that an eligible person receives under this 
  2.10  section must be reduced by any monthly payment that the eligible 
  2.11  person receives from the federal Veterans Administration as a 
  2.12  result of the deceased member's death while providing military 
  2.13  service in Iraq.  To receive a surviving spouse annuity under 
  2.14  this section, an eligible person must disclose to the executive 
  2.15  director of the Public Employees Retirement Association the 
  2.16  amount of the monthly benefit the person receives from the 
  2.17  Veterans Administration that is subject to this subdivision.  
  2.18  The disclosure must be made in a time and manner prescribed by 
  2.19  the executive director. 
  2.20     Sec. 2.  [EFFECTIVE DATE.] 
  2.21     Section 1 is effective the day following final enactment." 
  2.22     Amend the title accordingly 
  2.23     The motion prevailed.  #did not prevail.  So the amendment 
  2.24  was #not adopted.