HF 3436

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

A bill for an act
relating to retirement; modifying state employee postretirement employment
provisions; amending Minnesota Statutes 2006, sections 43A.346, subdivisions
5, 6; 352.115, subdivision 10; 356.47, subdivision 1.

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

Section 1.

Minnesota Statutes 2006, section 43A.346, subdivision 5, is amended to
read:

Subd. 5.

Appointing authority discretion.

The appointing authority has sole
discretion to determine if and the extent to which a postretirement option position under
this section is available to a state employee. Any offer of such a position must be made
in writing to the employee by the appointing authority on a form prescribed by the
Department of Employee Relations and the Minnesota State Retirement System or the
Public Employees Retirement Association. new text begin The offer, and any related verbal offer or
agreement, must not be made until at least 30 days after the employee's retirement. new text end The
appointing authority may not require a person to waive any rights under a collective
bargaining agreement or unrepresented employee compensation plan as a condition of
participation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to employees retiring after that date.
new text end

Sec. 2.

Minnesota Statutes 2006, section 43A.346, subdivision 6, is amended to read:

Subd. 6.

Duration.

Postretirement option employment shall be for an initial period
not to exceed one year. During that period, the appointing authority may not modify the
conditions specified in the written offer without the employee's agreement, except as
required by law or by the collective bargaining agreement or compensation plan applicable
to the employee. At the end of the initial period, the appointing authority has sole
discretion to determine if the offer of a postretirement option position will be renewed,
renewed with modifications, or terminated. new text begin For retirees employed under this section on
the effective date of this section, an offer of renewal, and any related verbal offer or
agreement, must not be made until at least 30 days after termination of the employee's
previous position. new text end Postretirement option employment may be renewed for periods of up
to one year, not to exceed a total duration of five years. No person shall be employed in
one or a combination of postretirement option positions under this section for a total
of more than five years.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2006, section 352.115, subdivision 10, is amended to read:

Subd. 10.

Reemployment of annuitant.

(a) If any retired employee again becomes
entitled to receive salary or wages from the state, or any employer who employs state
employees as that term is defined in section 352.01, subdivision 2, other than salary or
wages received as a temporary employee of the legislature during a legislative session,
the annuity or retirement allowance shall cease when the retired employee has deleted text begin earned an
amount equal to the annual maximum earnings allowable for that age for the continued
receipt of full benefit amounts monthly under the federal old age, survivors, and disability
insurance program as set by the secretary of health and human services under United
States Code, title 42, section 403, deleted text end new text begin worked 1,045 hours new text end in any calendar year. deleted text begin If deleted text end new text begin When new text end
the retired employee deleted text begin has not yet reached deleted text end new text begin reaches new text end the minimum age for the receipt of
Social Security benefits, deleted text begin the maximum earnings for the retired employee shall be equal to
the annual maximum earnings allowable for the minimum age for the receipt of Social
Security benefits deleted text end new text begin this limit does not apply new text end .

(b) deleted text begin The balance of the annual retirement annuity after cessation must be handled or
disposed of as provided in section 356.47. deleted text end

deleted text begin (c) deleted text end The annuity must be resumed when state service ends, or, if the retired employee
is still employed at the beginning of the next calendar year, at the beginning of that
calendar year, and payment must again end when the retired employee has earned the
applicable reemployment earnings maximum specified in this subdivision. If the retired
employee is granted a sick leave without pay, but not otherwise, the annuity or retirement
allowance must be resumed during the period of sick leave.

deleted text begin (d) deleted text end new text begin (c) new text end No payroll deductions for the retirement fund may be made from the earnings
of a reemployed retired employee.

deleted text begin (e) deleted text end new text begin (d) new text end No change shall be made in the monthly amount of an annuity or retirement
allowance because of the reemployment of an annuitant.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to employees retiring after that date.
new text end

Sec. 4.

Minnesota Statutes 2006, section 356.47, subdivision 1, is amended to read:

Subdivision 1.

Application.

This section applies to the balance of annual retirement
annuities on the amount of retirement annuity reductions after reemployed annuitant
earnings limitations for retirement plans governed by section deleted text begin 352.115, subdivision 10; deleted text end
353.37; 354.44, subdivision 5; or 354A.31, subdivision 3.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end