HF 3311

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to retirement; general employees retirement plan of the Public
Employees Retirement Association; authorizing revocation of retirement annuity
application in favor of disability benefit application in certain instances.

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

Section 1. new text begin PERA-GENERAL; ST. PAUL PUBLIC WORKS EMPLOYEE;
RETIREMENT ANNUITY REVOCATION.
new text end

new text begin (a) Notwithstanding any provision of Minnesota Statutes, chapter 353, to the
contrary, an eligible person described in paragraph (b) is entitled to withdraw a retirement
annuity application previously filed with the general employees retirement plan of
the Public Employees Retirement Association and to apply for a disability benefit if
determined to have been totally and permanently disabled as of the date of the termination
of active employment.
new text end

new text begin (b) An eligible person is a person who:
new text end

new text begin (1) was born on March 9, 1949;
new text end

new text begin (2) was an employee of the Department of Public Works of the city of St. Paul
prior to terminating active employment;
new text end

new text begin (3) suffered an employment-related shoulder injury on May 9, 2006;
new text end

new text begin (4) suffers from and has been treated for stress and related disorders; and
new text end

new text begin (5) filed an application for a retirement annuity from the general employees
retirement plan of the Public Employees Retirement Association on December 12, 2006,
without being provided with a disability benefit application and without being provided
with any benefit counseling by the Public Employees Retirement Association.
new text end

new text begin (c) If the eligible person, upon withdrawing the retirement annuity application
in writing and upon filing a disability benefit application with the Public Employees
Retirement Association, is determined to have been totally and permanently disabled as
of the date of the termination of active employment under Minnesota Statutes, sections
353.01, subdivision 19, and 353.33, the eligible person is entitled to receive a disability
benefit effective retroactively from the date on which the eligible person terminated active
employment, under the same annuity option selection made on December 12, 2006. The
amount of any increased benefit amount between the date of the termination of active
employment and the disability determination date is payable in a lump sum as soon as is
practicable following the disability determination date, plus compound interest at the rate
of 8.5 percent per annum on the amount of the difference from the date of the retirement
annuity payment to the date of the lump sum payment.
new text end

new text begin (d) If the previously filed retirement annuity application is withdrawn under this
section and the eligible person is determined not to have been totally and permanently
disabled as of the date of the termination of active employment, the prior retirement
annuity application is reinstated.
new text end

new text begin (e) The authority to withdraw a previously filed retirement annuity application under
this section expires on January 1, 2009.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to any eligible person who was a public employee on December 1, 2006.
new text end