HF 4576

as introduced - 91st Legislature (2019 - 2020) Posted on 05/04/2020 03:20pm

A bill for an act
relating to retirement; amending requirements for reemploying retired members
of PERA and MSRS; amending requirements relating to members who continue
employment under a postretirement option available under PERA or MSRS.

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

Section 1. new text begin PERMITTING PAYMENT OF RETIREMENT ANNUITY DURING
PERIOD OF EMPLOYMENT AS A HEALTH CARE WORKER DURING A
PEACETIME EMERGENCY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section:
new text end

new text begin (1) "health care worker" means a person, whether licensed or unlicensed, employed by
a public employer during a peacetime emergency to provide health care, health-care-related
services, or long-term care;
new text end

new text begin (2) "peacetime emergency" means any peacetime emergency declared by the governor
in an executive order that relates to the infectious disease known as COVID-19;
new text end

new text begin (3) "public employer" means any political subdivision or executive branch agency of
the state, including any county, municipality, and Hennepin Healthcare System, Inc.; and
new text end

new text begin (4) "reemployment year" means the 12-month period that a person is covered by a phased
retirement agreement under Minnesota Statutes, section 353.371, or in a postretirement
option position under Minnesota Statutes, section 43A.346.
new text end

new text begin Subd. 2. new text end

new text begin Health care workers to continue receiving retirement annuities. new text end

new text begin (a)
Notwithstanding any law to the contrary, a person is entitled to continue to receive a
retirement annuity if the person:
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new text begin (1) is receiving a retirement annuity and has not been employed in public service for at
least 30 days or has been retired for at least 30 days and is about to begin receiving a
retirement annuity from any of the pension plans administered by the Public Employees
Retirement Association or from any of the pension plans administered by the Minnesota
State Retirement System; and
new text end

new text begin (2) is hired or rehired by a public employer as a health care worker on or after the effective
date of a declaration of a peacetime emergency.
new text end

new text begin (b) A person described in paragraph (a) is not subject to the provisions of Minnesota
Statutes, section 352.115, subdivision 10, or 353.37, and the monthly amount of the person's
retirement annuity shall not change as a result of employment during a peacetime emergency,
notwithstanding the additional hours and percentage of time worked by the person.
new text end

new text begin (c) Notwithstanding any law to the contrary, a public employer may hire or rehire a
person under this subdivision without either the public employer or the person having to
enter into or comply with the requirements of Minnesota Statutes, section 43A.346 or
353.371.
new text end

new text begin Subd. 3. new text end

new text begin No limitation on hours or percentage of time worked under a postretirement
option. new text end

new text begin (a) A health care worker who entered into a phased retirement agreement under
Minnesota Statutes, section 353.371, before the effective date of this section, or has been
employed in a postretirement option position under Minnesota Statutes, section 43A.346,
since before the effective date of this section, shall not be subject to any limitation on the
number of hours or percentage of time worked imposed by Minnesota Statutes, section
43A.346 or 353.371, as applicable, during any reemployment year that includes the date on
which this section expires.
new text end

new text begin (b) Upon the expiration of a peacetime emergency, the health care worker shall continue
to be covered by the phased retirement agreement or continue employment in the
postretirement option position, as applicable, if the health care worker elects to continue
employment, except that the limitation on the number of hours or percentage of time worked
shall not apply until the reemployment year that begins after the reemployment year that
includes the date on which this section expires.
new text end

new text begin (c) The period of employment during a peacetime emergency shall be added to and shall
extend the period of employment governed by the phased retirement agreement under
Minnesota Statutes, section 353.371, subdivision 4, or in a postretirement option position
under Minnesota Statutes, section 43A.346, subdivision 6, as applicable.
new text end

new text begin (d) The requirements of Minnesota Statutes, sections 43A.346 and 353.371, prohibiting
the crediting of additional service toward the health care worker's annuity and prohibiting
the making of employee or employer contributions during employment covered by a phased
retirement agreement or in a postretirement option position, as applicable, shall apply during
a peacetime emergency. The monthly amount of the health care worker's retirement annuity
shall not change as a result of employment during a peacetime emergency, notwithstanding
any increase in the hours and percentage of time worked by the health care worker.
new text end

new text begin (e) Nothing in this section shall be considered as terminating (1) a phased retirement
agreement under Minnesota Statutes, section 353.371, or (2) the employment of a health
care worker in a postretirement option position under Minnesota Statutes, section 43A.346.
new text end

new text begin Subd. 4. new text end

new text begin Expiration date. new text end

new text begin This section expires on December 31 of the year in which
the peacetime emergency expires or is terminated or rescinded by proper authority.
new text end

new text begin EFFECTIVE DATE. new text end

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