HF 303

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to retirement; public employees police and 
  1.3             fire plan; providing for purchase of certain service 
  1.4             credit for prior police or salaried firefighter 
  1.5             service; amending Minnesota Statutes 2000, section 
  1.6             353A.10, subdivision 1; proposing coding for new law 
  1.7             in Minnesota Statutes, chapter 353. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [353.645] [PURCHASE OF PRIOR SERVICE CREDIT.] 
  1.10     Subdivision 1.  [AUTHORIZATION.] A member of the police and 
  1.11  fire plan who has at least three years of allowable service 
  1.12  credit with the police and fire fund is entitled to purchase up 
  1.13  to ten years of allowable service credit for employment by a 
  1.14  governmental subdivision as a full-time police officer or 
  1.15  full-time salaried firefighter in a position that was not 
  1.16  covered by the police and fire fund but was covered by a local 
  1.17  relief association governed by Minnesota Statutes, section 
  1.18  69.77.  To purchase service credit, an eligible person must make 
  1.19  payments required under section 356.55 or 356.551, whichever is 
  1.20  applicable.  This authorization applies only if the person is 
  1.21  not entitled to receive a current or deferred service pension or 
  1.22  retirement annuity or a current disability benefit from another 
  1.23  Minnesota public pension plan, including a local police or paid 
  1.24  fire relief association, for that service. 
  1.25     Subd. 2.  [APPLICATION AND DOCUMENTATION.] A person who 
  1.26  desires to purchase service credit under subdivision 1 must 
  2.1   apply in writing with the executive director to make the 
  2.2   purchase.  The application must include all necessary 
  2.3   documentation of the person's qualifications to make the 
  2.4   purchase, signed written permission to allow the executive 
  2.5   director to request and receive necessary verification of 
  2.6   applicable facts and eligibility requirements, and any other 
  2.7   relevant information that the executive director may require. 
  2.8      Subd. 3.  [SERVICE CREDIT GRANT.] Allowable service credit 
  2.9   for the purchase period must be granted by the public employees 
  2.10  retirement association to the purchasing person only upon 
  2.11  receipt of the purchase payment amount.  Payment must be made 
  2.12  before the person's effective date of retirement. 
  2.13     Sec. 2.  Minnesota Statutes 2000, section 353A.10, 
  2.14  subdivision 1, is amended to read: 
  2.15     Subdivision 1.  [PROHIBITION ON SERVICE CREDIT PURCHASES 
  2.16  AND REPAYMENT OF REFUNDS.] Except as provided in section 
  2.17  353.645, no member of the public employees retirement 
  2.18  association or of the fund who has credit for service rendered 
  2.19  before the consolidation as a member of a local police or 
  2.20  firefighters relief association which has consolidated with the 
  2.21  fund shall be entitled to purchase credit for that prior local 
  2.22  relief association service, make payments in lieu of member 
  2.23  contribution deductions for that prior local relief association 
  2.24  service, or repay any refund of member contributions previously 
  2.25  taken.  
  2.26     A person who has credit for service in more than one local 
  2.27  police or firefighters relief association which have 
  2.28  consolidated with the fund for service before the consolidation 
  2.29  shall not be entitled to purchase credit for any of that local 
  2.30  relief association service, but shall be entitled to receive 
  2.31  allowable service credit for service previously credited by the 
  2.32  most recent local relief association under section 353.01, 
  2.33  subdivisions 11, 16, and 18, if the person elects coverage by 
  2.34  the public employee police and fire fund benefit plan.  
  2.35     No person who was a member of a local police or 
  2.36  firefighters relief association which has consolidated with the 
  3.1   fund shall be entitled to purchase credit in the fund for any 
  3.2   prior service which at the time it was rendered was covered by 
  3.3   the public employees retirement association, although a refund 
  3.4   under section 353.34 may be repaid in accordance with section 
  3.5   353.35, 353.71, or 356.30.  
  3.6      No person who was a member of a local police or 
  3.7   firefighters relief association which has consolidated with the 
  3.8   fund shall be entitled to make any payments in lieu of salary 
  3.9   deductions, voluntary assessments, or purchases of credit for 
  3.10  prior service to the fund in connection with any service for 
  3.11  which the person has already received credit by the local relief 
  3.12  association or by any other Minnesota public pension plan or for 
  3.13  establishing a higher average salary rate than otherwise to the 
  3.14  credit of the person.  
  3.15     Sec. 3.  [EFFECTIVE DATE.] 
  3.16     (a) Sections 1 and 2 are effective the day following final 
  3.17  enactment. 
  3.18     (b) Section 1 is repealed effective May 16, 2002.