HF 465

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; granting public employees of 
  1.3             the police and fire fund of the public employee's 
  1.4             retirement association service credit for service in 
  1.5             the United States armed forces; amending Minnesota 
  1.6             Statutes 2000, section 353.01, subdivision 16a. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 353.01, 
  1.9   subdivision 16a, is amended to read: 
  1.10     Subd. 16a.  [UNCREDITED MILITARY SERVICE CREDIT PURCHASE.] 
  1.11  (a) A public employee who has at least three years of allowable 
  1.12  service with the public employees retirement association or the 
  1.13  public employees police and fire plan police and fire plan of 
  1.14  the public employee's retirement association and who performed 
  1.15  service in the United States armed forces before becoming a 
  1.16  public employee, or who failed to obtain service credit for a 
  1.17  military leave of absence under subdivision 16, paragraph (h), 
  1.18  is entitled to purchase allowable service credit for the initial 
  1.19  period of enlistment, induction, or call to active duty without 
  1.20  any voluntary extension by making payment under section 356.55 
  1.21  paragraph (c) if the public employee is not entitled to receive 
  1.22  a current or deferred retirement annuity from a United States 
  1.23  armed forces pension plan and has not purchased service credit 
  1.24  from any other defined benefit public employee pension plan for 
  1.25  the same period of service. 
  1.26     (b) A public employee who desires to purchase service 
  2.1   credit under paragraph (a) must apply with the executive 
  2.2   director to make the purchase.  The application must include all 
  2.3   necessary documentation of the public employee's qualifications 
  2.4   to make the purchase, signed written permission to allow the 
  2.5   executive director to request and receive necessary verification 
  2.6   of applicable facts and eligibility requirements, and any other 
  2.7   relevant information that the executive director may require. 
  2.8      (c) Allowable service credit for the purchase period shall 
  2.9   be capped at a maximum of 48 months, and must be granted by the 
  2.10  public employees association or the public employees police and 
  2.11  fire plan, whichever applies, police and fire plan of the public 
  2.12  employee's retirement association to the purchasing public 
  2.13  employee upon receipt of the purchase payment amount.  The 
  2.14  purchase payment amount must be based upon the public employee's 
  2.15  average full-time monthly salary rate during the first year of 
  2.16  public employment following service in the United States armed 
  2.17  forces and must be without interest.  Payment must be made 
  2.18  before the effective date of retirement of the public employee. 
  2.19     Sec. 2.  [EFFECTIVE DATE.] 
  2.20     Section 1 is effective the day following final enactment.