SF 4805
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/26/2026 09:17 a.m.
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A bill for an act
relating to retirement; public employees police and fire retirement plan; modifying
reemployment pension provisions for police officers; setting limits on the number
of retired police officers that a city may employ as police officers; amending
Minnesota Statutes 2024, section 353.37, 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, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Applicability; police officers. new text end
new text begin
(a) This section does not apply to the
reemployment of a police officer who is receiving an annuity or has applied to receive an
annuity from the public employees police and fire retirement plan and who, pursuant to
section 353.658, returns to employment as a police officer covered by the public employees
police and fire retirement plan.
new text end
new text begin
(b) For purposes of this subdivision, "police officer" means an individual described as
a police officer in section 353.64.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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Sec. 2.
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[353.658] REEMPLOYMENT AS A POLICE OFFICER.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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For purposes of this section, the following terms have the
meanings given:
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(1) "city" means a city within the state of Minnesota;
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(2) "police and fire plan" means the public employees police and fire retirement plan of
the Public Employees Retirement Association; and
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(3) "police officer" means an individual described as a police officer in section 353.64.
new text end
new text begin Subd. 2. new text end
new text begin Eligibility. new text end
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This section applies to a member of the police and fire plan who:
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(1) is a police officer;
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(2) separated from service with at least at least five years of allowable service in the
police and fire plan; and
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(3) is receiving or has applied to receive an annuity under section 353.651.
new text end
new text begin Subd. 3. new text end
new text begin Return to employment. new text end
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(a) A member who is eligible under subdivision 2
may return to employment for a city as a police officer covered by the police and fire 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. 4. new text end
new text begin Effect on annuity. new text end
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(a) A member's return to employment under subdivision 3
does not impact the member's continued receipt of an annuity or commencement of annuity
payments.
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(b) During the period of reemployment:
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(1) the amount of the annuity must not increase or decrease as a result of the
reemployment; and
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(2) neither the member nor the city may make contributions as required under section
353.65.
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(c) A member must not earn allowable service in the police and fire plan for employment
covered under this section.
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new text begin Subd. 5. new text end
new text begin Effect on insurance benefits. new text end
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(a) The member's return to employment under
subdivision 3 does not impact the member's continued participation in the statewide public
employees insurance program pursuant to section 43A.316, subdivision 8.
new text end
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(b) During the period of reemployment, the continued participation in the statewide
public employees insurance program is at the member's expense unless a collective bargaining
agreement or personnel policy provides otherwise.
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new text begin Subd. 6. new text end
new text begin Duration; compensation; due process. new text end
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(a) A member who returns to
employment under subdivision 3:
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(1) must be employed based on need as determined by the city;
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(2) must serve for a term not to exceed one year, which may be renewed annually at the
discretion of the city if requested or agreed to by the member;
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(3) must receive compensation according to the standard procedures applicable to the
city; and
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(4) is subject to any merit system, civil service, or other statutory due process provisions
applicable to the city.
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(b) A city's decision not to renew a one-year employment term must not be considered
a disciplinary action or deprivation subject to due process.
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new text begin Subd. 7. new text end
new text begin Limitation; reemployed annuitants. new text end
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(a) A city is limited in the number of
members it may reemploy as police officers under this section.
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(b) A city that employed five or fewer police officers during the immediately preceding
calendar year may employ any number of members who are returning to employment under
this section.
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(c) A city that employed more than five but fewer than 100 police officers over the
course of the immediately preceding calendar year may not employ more than five members
who are returning to employment under this section or a number equal to 25 percent of the
police officers employed by the city in the immediately preceding calendar year, whichever
is greater.
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(d) A city that employed 100 or more police officers over the course of the immediately
preceding calendar year may not employ more than 25 members who are returning to
employment under this section or a number equal to ten percent of the police officers
employed by the city in the immediately preceding calendar year, whichever is greater.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
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