HF 1267

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to retirement; St. Paul fire department and 
  1.3             police consolidation accounts; revising benefit floors 
  1.4             for certain local relief association benefit plan 
  1.5             service pension and survivor benefit recipients; 
  1.6             amending Laws 1992, chapter 563, section 5, as amended.
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Laws 1992, chapter 563, section 5, as amended 
  1.9   by Laws 1996, chapter 448, article 2, section 1, is amended to 
  1.10  read: 
  1.11     Sec. 5.  [ST. PAUL POLICE AND FIRE CONSOLIDATION ACCOUNTS; 
  1.12  LIMITATION ON POSTRETIREMENT BENEFIT REDUCTIONS.] 
  1.13     (a) A monthly service pension or retirement benefit payment 
  1.14  from the St. Paul fire department consolidation account or the 
  1.15  St. Paul police consolidation account may not be reduced in 
  1.16  amount to an amount that is less than that received by the 
  1.17  person for the immediately previous month.  
  1.18     (b) The service pension or retirement benefit payable from 
  1.19  the St. Paul fire department consolidation account or from the 
  1.20  St. Paul police consolidation account to a person who becomes 
  1.21  newly entitled to that service pension or retirement benefit may 
  1.22  not be an amount that is less than the service pension or 
  1.23  retirement benefit then payable to a comparably situated 
  1.24  pensioner or benefit recipient of that consolidation account. 
  1.25     (c) The limitation in paragraph (a) or (b) may not be 
  1.26  construed to limit the power of the executive director of the 
  2.1   public employees retirement association to require proof of 
  2.2   continuing eligibility for receipt of a disability benefit or a 
  2.3   survivor benefit, or to require the reduction in amount or 
  2.4   elimination of a disability benefit in the event of changed 
  2.5   medical circumstances, or to require the reduction in amount or 
  2.6   elimination of a survivor benefit in the event of changes in 
  2.7   eligibility. 
  2.8      Sec. 2.  [ST. PAUL POLICE AND FIRE CONSOLIDATION ACCOUNTS; 
  2.9   BENEFIT FLOOR FOR CERTAIN LOCAL RELIEF ASSOCIATION BENEFIT 
  2.10  RECIPIENTS.] 
  2.11     (a) Notwithstanding Minnesota Statutes, chapter 353A, or 
  2.12  any other law, the benefit floor provided in paragraph (c) 
  2.13  applies to the eligible benefit recipients specified in 
  2.14  paragraph (b).  An eligible benefit recipient is entitled to a 
  2.15  service pension or survivor benefit, whichever applies, as 
  2.16  calculated under the applicable relief association benefit plan 
  2.17  provisions and the applicable provisions of Minnesota Statutes, 
  2.18  chapter 353A, or the benefit floor amount, whichever is greater. 
  2.19     (b) An eligible benefit recipient is a person who is either:
  2.20     (1) a vested former active member of the former St. Paul 
  2.21  fire department relief association or the former St. Paul police 
  2.22  relief association who terminated active service prior to the 
  2.23  date of the consolidation of the relief association with the 
  2.24  public employees police and fire plan; or 
  2.25     (2) the survivor of a vested former active member of the 
  2.26  former St. Paul fire department relief association or the former 
  2.27  St. Paul police relief association who terminated active service 
  2.28  prior to the date of the consolidation of the relief association 
  2.29  with the public employees police and fire plan. 
  2.30     (c) The benefit floor amount is an amount equal to the 
  2.31  highest service pension, surviving spouse benefit, or surviving 
  2.32  child benefit, whichever applies, then currently payable to any 
  2.33  comparable eligible benefit recipient. 
  2.34     Sec. 3.  [EFFECTIVE DATE.] 
  2.35     (a) Sections 1 and 2 are effective on the day following 
  2.36  approval by the city council of the city of St. Paul and 
  3.1   compliance with Minnesota Statutes, section 645.021, subdivision 
  3.2   3. 
  3.3      (b) Sections 1 and 2 must both be approved if either 
  3.4   section is to be effective.  
  3.5      (c) Sections 1 and 2 are not intended to result in a 
  3.6   reduction in the benefit or pension paid to any benefit 
  3.7   recipient or service pensioner.