SF 4499
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/18/2026 09:28 a.m.
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A bill for an act
relating to retirement; public employees police and fire retirement plan; authorizing
payment of a retirement annuity without reduction or suspension upon
reemployment; amending Minnesota Statutes 2024, section 353.37, subdivisions
1, 5, by adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 353.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 353.37, subdivision 1, is amended to read:
Subdivision 1.
Salary maximums.
(a) If a member who is receiving an annuity from a
retirement plan administered by the associationnew text begin , other than the public employees police and
fire retirement plan,new text end is employed by (1) a governmental employer in a nonelected position
not required by law to be covered by a plan administered by the Minnesota State Retirement
System, the Teachers Retirement Association, or the St. Paul Teachers Retirement Fund
Association, or (2) by a labor organization that represents public employees who are
association members under this chapter, and the member's salary exceeds the annual
maximum salary defined in paragraph (b), the annuity shall be suspended under subdivision
2 or reduced under subdivision 3, whichever results in the higher annuity amount.
(b) The annual maximum salary means the annual maximum earnings allowable at the
member's 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, in effect for the calendar
year. If the member has not yet reached the minimum age for the receipt of Social Security
benefits, the maximum salary means the annual maximum earnings allowable for the
minimum age for the receipt of Social Security benefits.
(c) The provisions of paragraph (a) do not apply to the members of the general employees
plan of the Public Employees Retirement Association who were former members of MERF.
Sec. 2.
Minnesota Statutes 2024, section 353.37, subdivision 5, is amended to read:
Subd. 5.
Effect on annuity.
Except as provided under this section, public service
performed by an annuitant described in subdivision 1, paragraph (a), subsequent to retirement
from the general employees retirement plandeleted text begin , the public employees police and fire retirement
plan,deleted text end or the local government correctional employees retirement plan does not increase or
decrease the amount of an annuity. The annuitant shall not make any further contributions
to a defined benefit plan administered by the association by reason of this subsequent public
service.
Sec. 3.
Minnesota Statutes 2024, section 353.37, is amended by adding a subdivision to
read:
new text begin Subd. 7. new text end
new text begin Not applicable to the public employees police and fire retirement plan. new text end
new text begin
(a)
This section does not apply to the reemployment of a member of the public employees
police and fire retirement plan.
new text end
new text begin
(b) Section 353.653 applies to the reemployment of a member receiving an annuity or
who has applied to receive an annuity from the public employees police and fire retirement
plan and who returns to employment covered by the public employees police and fire
retirement plan or the general employees retirement plan.
new text end
Sec. 4.
new text begin
[353.653] REEMPLOYMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Return to employment. new text end
new text begin
(a) A member of the public employees police
and fire retirement plan who has separated from service and is receiving or has applied to
receive an annuity under section 353.651 may return to employment in a position covered
by the public employees police and fire retirement plan or the general employees retirement
plan as early as the 31st day after separation from service.
new text end
new text begin
(b) The executive director must seek repayment of any annuity payments made to a
member who returns to employment before the earliest day under paragraph (a). The
executive director may waive the repayment requirement if the member's failure to comply
with paragraph (a) was inadvertent or due to no fault of the member.
new text end
new text begin Subd. 2. new text end
new text begin Effect on annuity. new text end
new text begin
(a) A member's return to employment under subdivision 1
does not impact the member's continued receipt of an annuity or commencement of annuity
payments.
new text end
new text begin
(b) During the period of reemployment:
new text end
new text begin
(1) the amount of the annuity must not increase or decrease as a result of the
reemployment; and
new text end
new text begin
(2) neither the member nor the member's employer may make contributions as required
under section 353.65 during the period of reemployment.
new text end
Sec. 5. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 4 are effective the day following final enactment.
new text end