Minnesota Statutes Retirement (Ch. 352-356B) § 353.31. Survivor benefits

Subdivision 1. Benefits for surviving spouse and dependent children; before retirement. Upon the death of a basic member before retirement or upon the death of a basic member who was disabled and receiving disability benefits undersection 353.33at the time of death who has had at least 18 months of credited allowable service, the surviving spouse and dependent child or children of the member, as defined insection 353.01, subdivisions 15and20, are entitled to receive the monthly benefit provided below:

Notwithstanding the definition of surviving spouse undersection 353.01, subdivision 20, 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 that is 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 undersection 353.32, subdivision 1, if provided for in a marriage dissolution decree but not a monthly surviving spouse benefit even if required by the decree.

Subd. 1a. Maximum family benefit. Payments for the benefit of a dependent child or children, as defined insection 353.01, subdivision 15, must be made to the surviving parent, or to the legal guardian of the child. The maximum monthly benefit for a family must not exceed an amount equal to 70 percent of the member's specified average monthly salary, and the minimum benefit for a family including a 100 percent joint and survivor annuity under subdivision 1b, must not be less than 50 percent of the basic member's specified average monthly salary.

Subd. 1c. Coordinated members. Except for benefits provided undersection 353.32, no survivor benefits are payable to the surviving spouse or dependent children of a deceased coordinated member.

Subds. 2 to 7. Repealed by Laws 1973, c. 753, § 85, eff. July 1, 1973.

Subd. 8. Accrual of benefits. All benefits under this section and survivor benefits otherwise provided in this chapter when payable to persons qualifying therefor shall accrue on the date of death of a basic member or the first day of the month following the death of an annuitant or disabilitant. No payment may be made retroactively more than five months before the first of the month in which a complete application is received by the executive director, and no benefit shall accrue beyond the end of the month in which entitlement to such benefits has terminated.

Subd. 9. Application for benefits. Every claim or demand for a survivor benefit or spouse's annuity shall be initiated by written application in the manner and form prescribed by the executive director, filed in the office of the retirement association, showing compliance with the statutory conditions qualifying the applicant for such survivor benefit or spouse's annuity.

Subd. 10. Repealed by Laws 1973, c. 753, § 85, eff. July 1, 1973.

Subd. 11. Repealed by Laws 1977, c. 429, § 65, eff. July 1, 1977.

Subd. 12. Postretirement adjustment eligibility. A survivor benefit under subdivision 1 or 1b orsection 353.32, subdivision 1a,1b, or1c, is eligible for postretirement adjustments undersection 356.415.