HF 740

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to retirement; general employees retirement 
  1.3             plan of the public employees retirement association; 
  1.4             authorizing certain retirees to revoke retirement 
  1.5             annuity applications and apply for disability benefits.
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [PERA-GENERAL; AUTHORITY TO REVOKE RETIREMENT 
  1.8   ANNUITY APPLICATION.] 
  1.9      (a) Notwithstanding any provision of Minnesota Statutes, 
  1.10  sections 353.29 and 353.33 to the contrary, an eligible person 
  1.11  defined in paragraph (b) is entitled to revoke a prior 
  1.12  retirement annuity application, to apply for a disability 
  1.13  benefit, and, if totally and permanently disabled, to receive 
  1.14  retroactive disability benefits as provided in paragraph (d). 
  1.15     (b) An eligible person is a person who: 
  1.16     (1) was born on June 1, 1939; 
  1.17     (2) was employed on an intermittent basis by Hennepin 
  1.18  county; 
  1.19     (3) applied for a disability benefit from the general 
  1.20  employees retirement plan of the public employees retirement 
  1.21  association on April 23, 2001, which application was denied on 
  1.22  July 6, 2001, and which application was withdrawn on October 16, 
  1.23  2001; 
  1.24     (4) terminated employment from Hennepin county on June 15, 
  1.25  2001; 
  2.1      (5) retired effective July 1, 2001; and 
  2.2      (6) was subsequently determined eligible for disability 
  2.3   benefits from the federal old age, survivors and disability 
  2.4   insurance program. 
  2.5      (c) An eligible person may revoke any prior retirement 
  2.6   annuity application.  The revocation must be in writing.  If the 
  2.7   subsequent disability benefit application is not finally 
  2.8   approved, the retirement annuity must be reinstated. 
  2.9      (d) An eligible person may apply for a disability benefit 
  2.10  from the general employees retirement plan of the public 
  2.11  employees retirement association, notwithstanding any time 
  2.12  limitation or other procedural impediment.  If the eligible 
  2.13  person is determined to be totally and permanently disabled 
  2.14  under Minnesota Statutes, section 353.01, subdivision 19, the 
  2.15  person must receive an additional payment representing the 
  2.16  difference between the retirement annuity amounts paid between 
  2.17  July 1, 2001, and the date of the initial payment of the 
  2.18  disability benefit and the disability benefit amounts that would 
  2.19  have been payable during the period, plus compound interest at 
  2.20  the monthly rate of 0.71 percent on the differential amounts. 
  2.21     (e) The authority to revoke the current retirement annuity 
  2.22  application and to apply for a disability benefit expires on 
  2.23  December 31, 2003. 
  2.24     Sec. 2.  [EFFECTIVE DATE.] 
  2.25     Section 1 is effective the day following final enactment.