HF 2478

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to teacher retirement; eliminating the 
  1.3             application of the reemployed annuitant earnings 
  1.4             limitation to retirees serving as substitute teachers; 
  1.5             amending Minnesota Statutes 1998, sections 354.05, by 
  1.6             adding a subdivision; 354.44, subdivision 5; 354A.011, 
  1.7             by adding a subdivision; and 354A.31, subdivision 3. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 354.05, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 3a.  [SUBSTITUTE TEACHER.] "Substitute teacher" means 
  1.12  a person who is:  (1) employed as a teacher on a temporary basis 
  1.13  to replace a regularly appointed teacher who is on leave, 
  1.14  terminated employment, died, or was discharged; and (2) serves 
  1.15  for a period less than a full school year. 
  1.16     Sec. 2.  Minnesota Statutes 1998, section 354.44, 
  1.17  subdivision 5, is amended to read: 
  1.18     Subd. 5.  [RESUMPTION OF TEACHING SERVICE AFTER 
  1.19  RETIREMENT.] (a) Except as provided in paragraph (c), any person 
  1.20  who retired under the provisions of this chapter and has 
  1.21  thereafter resumed teaching in any employer unit to which this 
  1.22  chapter applies is eligible to continue to receive payments in 
  1.23  accordance with the annuity except that annuity payments must be 
  1.24  reduced during the calendar year immediately following any 
  1.25  calendar year in which the person's income from the teaching 
  1.26  service is in an amount greater than the annual maximum earnings 
  2.1   allowable for that age for the continued receipt of full benefit 
  2.2   amounts monthly under the federal old age, survivors and 
  2.3   disability insurance program as set by the secretary of health 
  2.4   and human services under United States Code, title 42, section 
  2.5   403.  The amount of the reduction must be one-half of the amount 
  2.6   in excess of the applicable reemployment income maximum 
  2.7   specified in this subdivision and must be deducted from the 
  2.8   annuity payable for the calendar year immediately following the 
  2.9   calendar year in which the excess amount was earned.  If the 
  2.10  person has not yet reached the minimum age for the receipt of 
  2.11  social security benefits, the maximum earnings for the person 
  2.12  must be equal to the annual maximum earnings allowable for the 
  2.13  minimum age for the receipt of social security benefits.  
  2.14     (b) If the person is retired for only a fractional part of 
  2.15  the calendar year during the initial year of retirement, the 
  2.16  maximum reemployment income specified in this subdivision must 
  2.17  be prorated for that calendar year.  
  2.18     (c) The reemployment income maximums of this subdivision do 
  2.19  not apply to a retired teacher who is reemployed as a substitute 
  2.20  teacher.  After a person has reached the age of 70, no 
  2.21  reemployment income maximum is applicable regardless of the 
  2.22  amount of income. 
  2.23     (d) For the purpose of this subdivision, income from 
  2.24  teaching service includes, but is not limited to:  
  2.25     (a) (1) all income for services performed as a consultant 
  2.26  or an independent contractor for an employer unit covered by the 
  2.27  provisions of this chapter; and 
  2.28     (b) (2) the greater of either the income received or an 
  2.29  amount based on the rate paid with respect to an administrative 
  2.30  position, consultant, or independent contractor in an employer 
  2.31  unit with approximately the same number of pupils and at the 
  2.32  same level as the position occupied by the person who resumes 
  2.33  teaching service.  
  2.34     Sec. 3.  Minnesota Statutes 1998, section 354A.011, is 
  2.35  amended by adding a subdivision to read: 
  2.36     Subd. 26a.  [SUBSTITUTE TEACHER.] "Substitute teacher" 
  3.1   means a person who is:  (1) employed as a teacher on a temporary 
  3.2   basis to replace a regularly appointed teacher who is on leave, 
  3.3   terminated employment, died, or was discharged; and (2) serves 
  3.4   for a period less than a full school year. 
  3.5      Sec. 4.  Minnesota Statutes 1998, section 354A.31, 
  3.6   subdivision 3, is amended to read: 
  3.7      Subd. 3.  [RESUMPTION OF TEACHING AFTER COMMENCEMENT OF A 
  3.8   RETIREMENT ANNUITY.] (a) Except as provided in paragraph (c), 
  3.9   any person who retired and is receiving a coordinated program 
  3.10  retirement annuity under the provisions of sections 354A.31 to 
  3.11  354A.41 or any person receiving a basic program retirement 
  3.12  annuity under the governing sections in the articles of 
  3.13  incorporation or bylaws and who has resumed teaching service for 
  3.14  the school district in which the teachers retirement fund 
  3.15  association exists is entitled to continue to receive retirement 
  3.16  annuity payments, except that annuity payments must be reduced 
  3.17  during the calendar year immediately following the calendar year 
  3.18  in which the person's income from the teaching service is in an 
  3.19  amount greater than the annual maximum earnings allowable for 
  3.20  that age for the continued receipt of full benefit amounts 
  3.21  monthly under the federal old age, survivors, and disability 
  3.22  insurance program as set by the secretary of health and human 
  3.23  services under United States Code, title 42, section 403.  The 
  3.24  amount of the reduction must be one-third the amount in excess 
  3.25  of the applicable reemployment income maximum specified in this 
  3.26  subdivision and must be deducted from the annuity payable for 
  3.27  the calendar year immediately following the calendar year in 
  3.28  which the excess amount was earned.  If the person has not yet 
  3.29  reached the minimum age for the receipt of social security 
  3.30  benefits, the maximum earnings for the person must be equal to 
  3.31  the annual maximum earnings allowable for the minimum age for 
  3.32  the receipt of social security benefits. 
  3.33     (b) If the person is retired for only a fractional part of 
  3.34  the calendar year during the initial year of retirement, the 
  3.35  maximum reemployment income specified in this subdivision must 
  3.36  be prorated for that calendar year. 
  4.1      (c) The reemployment income maximums of this subdivision do 
  4.2   not apply to a retired teacher who is reemployed as a substitute 
  4.3   teacher.  After a person has reached the age of 70, no 
  4.4   reemployment income maximum is applicable regardless of the 
  4.5   amount of any compensation received for teaching service for the 
  4.6   school district in which the teachers retirement fund 
  4.7   association exists.  
  4.8      (d) For the purpose of this subdivision, income from 
  4.9   teaching service includes:  (i) all income for services 
  4.10  performed as a consultant or independent contractor; or income 
  4.11  resulting from working with the school district in any capacity; 
  4.12  and (ii) the greater of either the income received or an amount 
  4.13  based on the rate paid with respect to an administrative 
  4.14  position, consultant, or independent contractor in the school 
  4.15  district in which the teachers retirement fund association 
  4.16  exists and at the same level as the position occupied by the 
  4.17  person who resumes teaching service. 
  4.18     Sec. 5.  [EFFECTIVE DATE.] 
  4.19     Sections 1 to 4 are effective July 1, 2000.