HF 1240

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; various retirement plans; 
  1.3             eliminating restrictions on the purchase of service 
  1.4             credit for prior military service; amending Minnesota 
  1.5             Statutes 2000, sections 352.275, subdivision 1; 
  1.6             352B.01, subdivision 3a; 353.01, subdivision 16a; 
  1.7             354.533, subdivision 1; and 354A.097, subdivision 1. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 352.275, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [SERVICE CREDIT PURCHASE AUTHORIZED.] A 
  1.12  state employee who has at least three years of allowable service 
  1.13  with the Minnesota state retirement system and who performed 
  1.14  service in the United States armed forces before becoming a 
  1.15  state employee, or who failed to obtain service credit for a 
  1.16  military leave of absence under section 352.27, is entitled to 
  1.17  purchase allowable service credit for the initial period of 
  1.18  enlistment, induction, or call to active duty without any 
  1.19  voluntary extension by making payment under section 356.55 if 
  1.20  the employee is not entitled to receive a current or deferred 
  1.21  retirement annuity from a United States armed forces pension 
  1.22  plan and has not purchased service credit from any other defined 
  1.23  benefit public employee pension plan for the same period of 
  1.24  service. 
  1.25     Sec. 2.  Minnesota Statutes 2000, section 352B.01, 
  1.26  subdivision 3a, is amended to read: 
  2.1      Subd. 3a.  [UNCREDITED MILITARY SERVICE CREDIT PURCHASE.] 
  2.2   (a) A member who has at least three years of allowable service 
  2.3   with the state patrol retirement plan under subdivision 3 and 
  2.4   who performed service in the United States armed forces before 
  2.5   becoming a member is entitled to purchase allowable service 
  2.6   credit for the initial period of enlistment, induction, or call 
  2.7   to active duty without any voluntary extension by making payment 
  2.8   under section 356.55, if the employee is not entitled to receive 
  2.9   a current or deferred retirement annuity from a United States 
  2.10  armed forces pension plan and has not purchased service credit 
  2.11  from any other defined benefit public employee pension plan for 
  2.12  the same period of service. 
  2.13     (b) A member who desires to purchase service credit under 
  2.14  paragraph (a) must apply with the executive director to make the 
  2.15  purchase.  The application must include all necessary 
  2.16  documentation of the member's qualifications to make the 
  2.17  purchase, signed written permission to allow the executive 
  2.18  director to request and receive necessary verification of 
  2.19  applicable facts and eligibility requirements, and any other 
  2.20  relevant information that the executive director may require. 
  2.21     (c) Allowable service credit for the purchase period must 
  2.22  be granted by the state patrol retirement plan to the purchasing 
  2.23  employee upon receipt of the purchase payment amount.  Payment 
  2.24  must be made before the effective date of retirement of the 
  2.25  member. 
  2.26     Sec. 3.  Minnesota Statutes 2000, section 353.01, 
  2.27  subdivision 16a, is amended to read: 
  2.28     Subd. 16a.  [UNCREDITED MILITARY SERVICE CREDIT PURCHASE.] 
  2.29  (a) A public employee who has at least three years of allowable 
  2.30  service with the public employees retirement association or the 
  2.31  public employees police and fire plan and who performed service 
  2.32  in the United States armed forces before becoming a public 
  2.33  employee, or who failed to obtain service credit for a military 
  2.34  leave of absence under subdivision 16, paragraph (h), is 
  2.35  entitled to purchase allowable service credit for the initial 
  2.36  period of enlistment, induction, or call to active duty without 
  3.1   any voluntary extension by making payment under section 356.55 
  3.2   if the public employee is not entitled to receive a current or 
  3.3   deferred retirement annuity from a United States armed forces 
  3.4   pension plan and has not purchased service credit from any other 
  3.5   defined benefit public employee pension plan for the same period 
  3.6   of service. 
  3.7      (b) A public employee who desires to purchase service 
  3.8   credit under paragraph (a) must apply with the executive 
  3.9   director to make the purchase.  The application must include all 
  3.10  necessary documentation of the public employee's qualifications 
  3.11  to make the purchase, signed written permission to allow the 
  3.12  executive director to request and receive necessary verification 
  3.13  of applicable facts and eligibility requirements, and any other 
  3.14  relevant information that the executive director may require. 
  3.15     (c) Allowable service credit for the purchase period must 
  3.16  be granted by the public employees association or the public 
  3.17  employees police and fire plan, whichever applies, to the 
  3.18  purchasing public employee upon receipt of the purchase payment 
  3.19  amount.  Payment must be made before the effective date of 
  3.20  retirement of the public employee. 
  3.21     Sec. 4.  Minnesota Statutes 2000, section 354.533, 
  3.22  subdivision 1, is amended to read: 
  3.23     Subdivision 1.  [SERVICE CREDIT PURCHASE AUTHORIZED.] A 
  3.24  teacher who has at least three years of allowable service credit 
  3.25  with the teachers retirement association and who performed 
  3.26  service in the United States armed forces before becoming a 
  3.27  teacher as defined in section 354.05, subdivision 2, or who 
  3.28  failed to obtain service credit for a military leave of absence 
  3.29  under the provisions of section 354.53, is entitled to purchase 
  3.30  allowable and formula service credit for the initial period of 
  3.31  enlistment, induction, or call to active duty without any 
  3.32  voluntary extension by making payment under section 356.55 
  3.33  provided the teacher is not entitled to receive a current or 
  3.34  deferred retirement annuity from a United States armed forces 
  3.35  pension plan and has not purchased service credit from any other 
  3.36  defined benefit public employee pension plan for the same period 
  4.1   of service. 
  4.2      Sec. 5.  Minnesota Statutes 2000, section 354A.097, 
  4.3   subdivision 1, is amended to read: 
  4.4      Subdivision 1.  [SERVICE CREDIT PURCHASE AUTHORIZED.] A 
  4.5   teacher who has at least three years of allowable service credit 
  4.6   with the teachers retirement fund association and who performed 
  4.7   service in the United States armed forces before becoming a 
  4.8   teacher as defined in section 354A.011, subdivision 27, or who 
  4.9   failed to obtain service credit for a military leave of absence 
  4.10  period under section 354A.093, is entitled to purchase allowable 
  4.11  service credit for the initial period of enlistment, induction, 
  4.12  or call to active duty without any voluntary extension by making 
  4.13  payment under section 356.55, provided the teacher is not 
  4.14  entitled to receive a current or deferred retirement annuity 
  4.15  from a United States armed forces pension plan and has not 
  4.16  purchased service credit from another defined benefit public 
  4.17  employee pension plan for the same period of service. 
  4.18     Sec. 6.  [EFFECTIVE DATE.] 
  4.19     Sections 1 to 5 are effective the day following final 
  4.20  enactment.