HF 2457

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to retirement; limiting service credit for 
  1.3             state legislators to 12 years; amending Minnesota 
  1.4             Statutes 1994, section 3A.03, subdivision 1; Minnesota 
  1.5             Statutes 1995 Supplement, section 3A.02, subdivision 1.
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.8   3A.02, subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [QUALIFICATIONS.] (a) A former legislator 
  1.10  is entitled, upon written application to the director, to 
  1.11  receive a retirement allowance monthly, if the person: 
  1.12     (1) has served at least six full years, without regard to 
  1.13  the application of section 3A.10, subdivision 2, or has served 
  1.14  during all or part of four regular sessions as a member of the 
  1.15  legislature, which service need not be continuous; 
  1.16     (2) has attained the normal retirement age; 
  1.17     (3) has retired as a member of the legislature; and 
  1.18     (4) has made all contributions provided for in section 
  1.19  3A.03, has made payments for past service under subdivision 2, 
  1.20  or has made payments in lieu of contributions under Minnesota 
  1.21  Statutes 1992, section 3A.031, prior to July 1, 1994. 
  1.22     (b) For service rendered before the beginning of the 1979 
  1.23  legislative session, but not to exceed eight years of service, 
  1.24  the retirement allowance is an amount equal to five percent per 
  1.25  year of service of that member's average monthly salary.  For 
  2.1   service in excess of eight years rendered before the beginning 
  2.2   of the 1979 legislative session, and for service rendered after 
  2.3   the beginning of the 1979 legislative session, the retirement 
  2.4   allowance is an amount equal to 2-1/2 percent per year of 
  2.5   service of that member's average monthly salary. 
  2.6      (c) The retirement allowance accrues beginning with the 
  2.7   first day of the month of receipt of the application, but not 
  2.8   before age 60, and for the remainder of the former legislator's 
  2.9   life, if the former legislator is not serving as a member of the 
  2.10  legislature or as a constitutional officer or commissioner as 
  2.11  defined in section 352C.021, subdivisions 2 and 3.  The annuity 
  2.12  shall not begin to accrue prior to retirement as a legislator.  
  2.13  No annuity payment shall be made retroactive for more than 180 
  2.14  days before the date the annuity application is filed with the 
  2.15  director. 
  2.16     (d) Any member who has served during all or part of four 
  2.17  regular sessions is considered to have served eight years as a 
  2.18  member of the legislature. 
  2.19     (e) The retirement allowance ceases with the last payment 
  2.20  that accrued to the retired legislator during the retired 
  2.21  legislator's lifetime, except that the surviving spouse, if any, 
  2.22  is entitled to the retirement allowance for the calendar month 
  2.23  in which the retired legislator died. 
  2.24     (f) Beginning January 1, 1997, no member of the legislature 
  2.25  shall be given service credit under this chapter in excess of 12 
  2.26  years, including service credit earned prior to January 1, 
  2.27  1997.  If a member has earned more than 12 years of service 
  2.28  credit prior to January 1, 1997, the member shall retain the 
  2.29  service credit but may not earn any additional service credit. 
  2.30     Sec. 2.  Minnesota Statutes 1994, section 3A.03, 
  2.31  subdivision 1, is amended to read: 
  2.32     Subdivision 1.  [PERCENTAGE.] Every member of the 
  2.33  legislature shall contribute nine percent of total salary, by 
  2.34  payroll deduction, to be paid into the state treasury and 
  2.35  deposited in the general fund.  Beginning January 1, 1997, no 
  2.36  member shall contribute to a retirement account under this 
  3.1   chapter if the member has earned 12 years or more of service 
  3.2   credit.  It shall be the duty of the director to record the 
  3.3   periodic contributions of each member of the legislature and 
  3.4   credit such contribution to the member's account.