HF 280

as introduced - 87th Legislature (2011 - 2012) Posted on 01/31/2011 10:24am

A bill for an act
relating to state government; modifying provisions governing eligibility for a
postretirement option; amending Minnesota Statutes 2010, section 43A.346,
subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 43A.346, subdivision 2, is amended to
read:

Subd. 2.

Eligibility.

(a) This section applies to a terminated state employee who:

(1) for at least the five years immediately preceding separation under clause (2),
was regularly scheduled to work 1,044 or more hours per year in a position covered by
a pension plan administered by the Minnesota State Retirement System or the Public
Employees Retirement Association;

(2) terminated state or Metropolitan Council employment;

(3) at the time of termination under clause (2) deleted text begin , deleted text end new text begin : (i) was age 62 or new text end met the age and
service requirements necessary to receive an unreduced retirement annuity from the plan new text begin ;
new text end and new text begin (ii) new text end satisfied requirements for the commencement of the retirement annuity or, for a
terminated employee under the unclassified employees retirement plan deleted text begin , deleted text end new text begin : (i) was age 62 or new text end
met the age and service requirements necessary to receive an unreduced retirement annuity
from the plan new text begin ; new text end and new text begin (ii) new text end satisfied requirements for the commencement of the retirement
annuity or elected a lump-sum payment; and

(4) agrees to accept a postretirement option position with the same or a different
appointing authority, working a reduced schedule that is both (i) a reduction of at least 25
percent from the employee's number of previously regularly scheduled work hours; and
(ii) 1,044 hours or less in state or Metropolitan Council service.

(b) For purposes of this section, an unreduced retirement annuity includes a
retirement annuity computed under a provision of law which permits retirement, without
application of an earlier retirement reduction factor, whenever age plus years of allowable
service total at least 90.

(c) For purposes of this section, as it applies to state employees who are members
of the Public Employees Retirement Association who are at least age 62, the length of
separation requirement and termination of service requirement prohibiting return to work
agreements under section 353.01, subdivisions 11a and 28, are not applicable.