as introduced - 84th Legislature, 2005 1st Special Session (2005 - 2005) Posted on 12/15/2009 12:00am
A bill for an act
relating to retirement; various public pension plans;
clarifying and revising various plan provisions;
eliminating obsolete provisions; defining final
average salary; modifying the definition of allowable
service to include time on strike; permitting judges
to purchase service credit for an authorized leave;
requiring specified payments; clarifying references to
actuarial services in determining actuarial
equivalence; defining covered salary to include
certain employer contributions to supplemental
retirement plans; specifying itemized detail of plan
administrative expenses in annual financial reporting;
excluding police officers of the University of
Minnesota from the public employees police and fire
fund; clarifying collection procedures relating to
charter schools; adding a uniform nonassignment and
legal process exemption provision; adding employees of
Bridges Medical Services, Hutchinson Area Health Care,
and Northfield Hospital to privatization coverage;
extending date for filing special law approval with
the secretary of state for the RenVilla Nursing Home;
requiring the privatization periodic filing of updated
copies of articles of incorporation and bylaws;
modifying a higher education individual retirement
account plan investment option provision; implementing
the recommendations of the Volunteer Firefighter
Relief Association working group of the state auditor;
modifying the trigger date for filing financial
reports; revising the per firefighter financing
requirements for monthly benefit service pensions;
modifying the options for crediting interest on
deferred service pensions; clarifying the deferred
service pension options available to defined
contribution plans; providing for the crediting of
service during military service leaves; requiring the
amortization of experience losses; clarifying the
compliance requirements for the qualification for fire
state aid; modifying a limit on mutual fund
investments; clarifying corporate stock and exchange
traded funds investment authority; modifying the
municipal representation requirements on relief
association governing boards; clarifying exemptions
from process and taxation; providing that certain laws
do not apply to the consolidation of specified
volunteer firefighter relief associations; providing
an ad hoc postretirement adjustment to Eveleth police
and fire trust fund benefit recipients; authorizing
the Maplewood Firefighters Relief Association to
transfer assets to the Oakdale Firefighters Relief
Association to cover service credits earned by certain
individuals; appropriating money; amending Minnesota
Statutes 2004, sections 3A.01, subdivisions 1, 2, 6,
8, by adding subdivisions; 3A.011; 3A.02, subdivisions
1, 1b, 3, 4, 5; 3A.03, subdivisions 1, 2; 3A.04,
subdivisions 1, 2, 3, 4, by adding a subdivision;
3A.05; 3A.07; 3A.10, subdivision 1; 3A.12; 3A.13;
43A.17, subdivision 9; 69.011, subdivision 2b, by
adding a subdivision; 69.021, subdivisions 5, 11;
69.051, subdivisions 1, 1a; 69.33; 69.77, subdivision
4; 69.771; 69.772, subdivisions 3, 4; 69.773,
subdivisions 4, 5; 69.775; 352.01, subdivisions 2a, 4,
5, 12, 21, 23, by adding a subdivision; 352.021,
subdivisions 1, 2, 3, 4; 352.04, subdivisions 1, 12;
352.041, subdivisions 1, 2, 3, 5; 352.115,
subdivisions 2, 3; 352.15, subdivisions 1, 3, 4;
352.22, subdivision 10; 352.87, subdivision 3; 352.91,
by adding a subdivision; 352.93, subdivision 1;
352B.01, subdivisions 1, 2, 3; 352B.02, subdivision
1e; 352B.071; 352C.021, by adding a subdivision;
352C.091, subdivision 1; 352C.10; 352D.01; 352D.015,
subdivisions 3, 4; 352D.02, subdivision 1; 352D.03;
352D.05, subdivision 4; 352D.085, subdivision 1;
352D.09, subdivision 5; 352D.12; 353.01, subdivisions
6, 10, 14, 32, 33, by adding a subdivision; 353.025;
353.026; 353.027; 353.028; 353.14; 353.15,
subdivisions 1, 3; 353.27, subdivision 11; 353.271;
353.28, subdivisions 5, 6; 353.29, subdivision 3;
353.31, subdivision 1c; 353.32, subdivision 9; 353.33,
subdivisions 3, 12; 353.64, by adding a subdivision;
353.651, subdivision 3; 353.656, subdivision 1;
353F.02, subdivision 4; 354.05, subdivision 7, by
adding a subdivision; 354.091; 354.094, subdivision 1;
354.10, subdivisions 1, 3, 4; 354.33, subdivision 5;
354.39; 354.41, subdivision 2; 354.42, by adding a
subdivision; 354.44, subdivisions 2, 6; 354A.011,
subdivision 3a, by adding a subdivision; 354A.021,
subdivision 5, by adding a subdivision; 354A.097,
subdivision 1; 354A.31, subdivisions 4, 4a, 5;
354B.21, subdivisions 2, 3; 354B.25, subdivision 2;
355.01, subdivision 3e; 356.20, subdivision 4;
356.215, subdivision 8; 356.216; 356.24, subdivision
1; 356.47, subdivision 3; 356.551; 356.65, subdivision
2; 356A.06, subdivision 7; 383B.46, subdivision 2;
383B.47; 383B.48; 383B.49; 422A.01, subdivisions 6,
11, by adding a subdivision; 422A.05, subdivision 2c;
422A.06, subdivisions 3, 5, 7, 8; 422A.10,
subdivisions 1, 2; 422A.101, subdivision 3; 422A.15,
subdivision 1; 422A.16, subdivision 9; 422A.22,
subdivisions 1, 3, 4, 6; 422A.231; 422A.24; 423B.05,
subdivision 3; 423B.09, subdivision 1, by adding a
subdivision; 423B.10, subdivision 1; 423B.17; 423C.05,
subdivision 2; 423C.09; 424A.02, subdivisions 3, 4, 7;
424A.04, subdivision 1; 424B.10, subdivision 1;
471A.10; 490.121, subdivisions 1, 4, 6, 7, 13, 14, 15,
20, 21, 22, by adding subdivisions; 490.122; 490.123,
subdivisions 1, 1a, 1b, 1c, 2, 3; 490.124,
subdivisions 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13;
490.125, subdivisions 1, 2; 490.126; 490.133; 525.05;
Laws 1999, chapter 222, article 16, section 16, as
amended; Laws 2000, chapter 461, article 4, section 4,
as amended; Laws 2004, chapter 267, article 12,
section 4; proposing coding for new law in Minnesota
Statutes, chapters 352C; 356; 383B; 423C; 424A;
proposing coding for new law as Minnesota Statutes,
chapter 490A; repealing Minnesota Statutes 2004,
sections 3A.01, subdivisions 3, 4, 6a, 7; 3A.02,
subdivision 2; 3A.04, subdivision 1a; 3A.09; 352.119,
subdivision 1; 352.15, subdivision 1a; 352C.01;
352C.011; 352C.021; 352C.031; 352C.033; 352C.04;
352C.051; 352C.09; 352C.091, subdivisions 2, 3;
353.15, subdivision 2; 353.29, subdivision 2; 353.34,
subdivision 3b; 353.36, subdivisions 2, 2a, 2b, 2c;
353.46, subdivision 4; 353.651, subdivision 2;
353.663; 353.74; 353.75; 354.10, subdivision 2;
354.59; 422A.101, subdivision 4; 422A.22, subdivisions
2, 5; 422A.221; 490.021; 490.025; 490.101; 490.102;
490.103; 490.105; 490.106; 490.107; 490.108; 490.109;
490.1091; 490.12; 490.121, subdivisions 2, 3, 5, 8, 9,
10, 11, 12, 16, 17, 18, 19, 20; 490.124, subdivision
6; 490.132; 490.15; 490.16; 490.18.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2005 OMNIBUS RETIREMENT BILL
Minnesota Statutes 2004, section 3A.01,
subdivision 1, is amended to read:
new text beginEach of new text endthe terms defined in
this sectionnew text begin,new text endfor the purposes of this chapter deleted text beginshall be
given deleted text endnew text beginhas new text endthe deleted text beginmeanings deleted text endnew text beginmeaning new text endascribed deleted text beginto themdeleted text end.
Minnesota Statutes 2004, section 3A.01, is amended
by adding a subdivision to read:
new text begin
"Actuarial equivalent"
means the condition of one allowance or benefit having an equal
actuarial present value to another allowance or benefit,
determined by the actuary retained under section 356.214 as of a
given date at a specified age with each actuarial present value
based on the mortality table applicable for the plan and
approved under section 356.215, subdivision 18, and using the
applicable preretirement or postretirement interest rate
assumption specified in section 356.215, subdivision 8.
new text end
Minnesota Statutes 2004, section 3A.01, is amended
by adding a subdivision to read:
new text begin
"Average monthly
salary" means the average of the member's highest five
successive years of salary that was received as a member of the
legislature and upon which the member has made contributions
under section 3A.03, subdivision 1, or for which the member of
the legislature has made payments for past service under
Minnesota Statutes 2004, section 3A.02, subdivision 2, or has
made, before July 1, 1994, payments in lieu of contributions
under Minnesota Statutes 1992, section 3A.031.
new text end
Minnesota Statutes 2004, section 3A.01, is amended
by adding a subdivision to read:
new text begin
"Constitutional
officer" means a person who was duly elected, qualifies for, and
serves as the governor, the lieutenant governor, the attorney
general, the secretary of state, or the state auditor of the
state of Minnesota.
new text end
Minnesota Statutes 2004, section 3A.01,
subdivision 2, is amended to read:
new text begin(a) new text end"Dependent child" means
any natural or adopted child of a deceased member of the
legislature or new text begina new text endformer legislator who is under the age of 18,
or who is under the age of 22 and is a full-time student, and
whonew text begin,new text endin either casenew text begin,new text endis unmarried and was actually dependent for
more than one-half of support upon deleted text beginsuch deleted text endnew text beginthe new text endlegislator for a
period new text beginof new text endat least 90 days immediately deleted text beginprior to deleted text endnew text beginbefore new text endthe
legislator's death. deleted text beginIt
deleted text end
new text begin
(b) The term new text endalso includes any child of the member of the
legislature or former legislator new text beginwho was new text endconceived during the
lifetime of, and new text beginwho was new text endborn after the death of, the member or
former legislator. deleted text beginThis subdivision shall be retroactive as to
any dependent child under the age of 22 years as of April 1,
1975.
deleted text end
Minnesota Statutes 2004, section 3A.01,
subdivision 6, is amended to read:
"Director" means the executive
director of the Minnesota State Retirement System new text beginwho was
appointed under section 352.03, subdivision 5new text end.
Minnesota Statutes 2004, section 3A.01, is amended
by adding a subdivision to read:
new text begin
"Former legislator" means a
legislator who has ceased to be a member of the legislature for
any reason, including, but not limited to, the expiration of the
term for which a member of the legislature was elected or the
death of the member.
new text end
Minnesota Statutes 2004, section 3A.01, is amended
by adding a subdivision to read:
new text begin
"Member of the
legislature" means a person who was a member of the House of
Representatives or of the Senate of the state of Minnesota who
has subscribed to the oath of office after July 1, 1965, and who
was first elected to a legislative office before July 1, 1997,
and retained coverage by the plan under Laws 1997, chapter 233,
article 2, section 15.
new text end
Minnesota Statutes 2004, section 3A.01,
subdivision 8, is amended to read:
"Normal retirement age"
means the age of deleted text begin60 years with regard to any member of the
legislature whose service terminates prior to the beginning of
the 1981 legislative session, and the age of deleted text end62 years deleted text beginwith
regard to any member of the legislature whose service terminates
after the beginning of the 1981 sessiondeleted text end.
Minnesota Statutes 2004, section 3A.01, is
amended by adding a subdivision to read:
new text begin
"Retirement" means the period of
time after which a former legislator is entitled to a retirement
allowance.
new text end
Minnesota Statutes 2004, section 3A.01, is
amended by adding a subdivision to read:
new text begin
(a) "Salary" means the regular
compensation payable under law to a member of the legislature
and paid to the person for service as a legislator.
new text end
new text begin
(b) The term includes the monthly compensation paid to the
member of the legislature and the per diem payments paid during
a regular or special session to the member of the legislature.
new text end
new text begin
(c) The term does not include per diem payments paid to a
member of the legislature other than during the regular or
special session; additional compensation attributable to a
leadership position under section 3.099, subdivision 3; living
expense payments under section 3.101; and special session living
expense payments under section 3.103.
new text end
Minnesota Statutes 2004, section 3A.011, is
amended to read:
The new text beginexecutive director and the board of directors of the
new text end
Minnesota State Retirement System shall administer the
legislators retirement plan in accordance with new text beginthis chapter and
new text end
chapter 356A.
Minnesota Statutes 2004, section 3A.02,
subdivision 1, is amended to read:
(a) A former legislator
is entitled, upon written application to the director, to
receive a retirement allowance monthly, if the person:
(1) has new text begineither new text endserved at least six full years, without
regard to the application of section 3A.10, subdivision 2, or
has served during all or part of four regular sessions as a
member of the legislature, which service need not be continuous;
(2) has attained the normal retirement age;
(3) has retired as a member of the legislature; and
(4) has made all contributions provided for in section
3A.03, has made payments for past service under subdivision 2,
or has made payments in lieu of contributions under Minnesota
Statutes 1992, section 3A.031, deleted text beginprior to deleted text endnew text beginbefore new text endJuly 1, 1994.
(b) deleted text beginThis paragraph applies to members of the legislature
who terminate service as a legislator before July 1, 1997. For
service rendered before the beginning of the 1979 legislative
session, but not to exceed eight years of service, the
retirement allowance is an amount equal to five percent per year
of service of that member's average monthly salary. For service
in excess of eight years rendered before the beginning of the
1979 legislative session, and for service rendered after the
beginning of the 1979 legislative session,deleted text endnew text beginUnless the former
legislator has legislative service before January 1, 1979,new text endthe
retirement allowance is an amount equal to 2-1/2 percent per
year of service of that member's average monthly salarydeleted text begin.
deleted text end
deleted text begin
(c) This paragraph applies to members of the legislature
who terminate service as a legislator after June 30, 1997. The
retirement allowance is an amount equal to the applicable rate
or rates under paragraph (b) per year of service of the member's
average monthly salary deleted text endnew text beginand new text endadjusted for that person on an
actuarial equivalent basis to reflect the change in the
postretirement interest rate actuarial assumption under section
356.215, subdivision 8, from five percent to six percent. The
adjustment must be calculated by or, alternatively, the
adjustment procedure must be specified by, the actuary retained
deleted text begin
by the Legislative Commission on Pensions and Retirement deleted text endnew text beginunder
section 356.214new text end. The purpose of this adjustment is to ensure
that the total amount of benefits that the actuary predicts an
individual member will receive over the member's lifetime under
this paragraph will be the same as the total amount of benefits
the actuary predicts the individual member would receive over
the member's lifetime under the law in effect before enactment
of this paragraph. new text beginIf the former legislator has legislative
service before January 1, 1979, the person's benefit must
include the additional benefit amount in effect on January 1,
1979, and adjusted as otherwise provided in this paragraph.
new text end
deleted text begin
(d) deleted text endnew text begin(c) new text endThe retirement allowance accrues beginning with the
first day of the month of receipt of the application, but not
before age 60, and for the remainder of the former legislator's
life, if the former legislator is not serving as a member of the
legislature or as a constitutional officer deleted text beginor commissioner deleted text endas
defined in deleted text beginsection 352C.021, subdivisions 2 and 3 deleted text endnew text beginsection 3A.01,
subdivision 1cnew text end. The annuity does not begin to accrue deleted text beginprior to
deleted text endnew text begin
before the person's new text endretirement as a legislator. No annuity
payment may be made retroactive for more than 180 days before
the date new text beginthat new text endthe annuity application is filed with the director.
deleted text begin
(e) deleted text endnew text begin(d) new text endAny member who has served during all or part of
four regular sessions is considered to have served eight years
as a member of the legislature.
deleted text begin
(f) deleted text endnew text begin(e) new text endThe retirement allowance ceases with the last
payment that accrued to the retired legislator during the
retired legislator's lifetime, except that the surviving spouse,
if any, is entitled to new text beginreceive new text endthe retirement allowance new text beginof the
retired legislator new text endfor the calendar month in which the retired
legislator died.
Minnesota Statutes 2004, section 3A.02,
subdivision 1b, is amended to read:
(a) Upon
separation from service after the beginning of the 1981
legislative session, a former member of the legislature who has
attained the age set by the board of directors of the Minnesota
State Retirement System and who is otherwise qualified deleted text beginin
accordance with deleted text endnew text beginunder new text endsubdivision 1 is entitlednew text begin,new text endupon making
written application on deleted text beginforms supplied deleted text endnew text begina form prescribed new text endby the
directornew text begin,new text endto a new text beginreduced new text endretirement allowance deleted text beginin deleted text endnew text begin. The reduced
retirement allowance is new text endan amount equal to the retirement
allowance specified in subdivision 1new text begin, paragraph (b), that is
new text end
reduced so that the reduced deleted text beginannuity deleted text endnew text beginallowance new text endis the actuarial
equivalent of the deleted text beginannuity deleted text endnew text beginallowance new text endthat would be payable if the
former member of the legislature deferred receipt of the deleted text beginannuity
deleted text endnew text begin
allowance new text endand the deleted text beginannuity deleted text endnew text beginallowance new text endamount deleted text beginwere deleted text endnew text beginwas new text endaugmented
at an annual rate of three percent compounded annually from the
date the deleted text beginannuity deleted text endnew text beginallowance new text endbegins to accrue until age 62.
(b) The age set by the board of directors under paragraph
(a) cannot be deleted text beginless deleted text endnew text beginan earlier age new text endthan the early retirement age
under section 352.116, subdivision 1a.
(c) If there is an actuarial cost to the plan of resetting
the early retirement age under paragraph (a), the retired
legislator is required to pay an additional amount to cover the
full actuarial value. The additional amount must be paid in a
lump sum within 30 days of the certification of the amount by
the executive director.
(d) The executive director of the Minnesota State
Retirement System shall report to the Legislative Commission on
Pensions and Retirement on the utilization of this
provision new text beginannually new text endon or before September 1deleted text begin, 2000deleted text end.
Minnesota Statutes 2004, section 3A.02,
subdivision 3, is amended to read:
The amounts required for payment
of retirement allowances provided by this section are
appropriated annually to the director from the participation new text beginof
the legislators retirement plan new text endin the Minnesota postretirement
investment fund deleted text beginand shall deleted text endnew text begin. The retirement allowance must new text endbe
paid monthly to the recipients entitled deleted text beginthereto deleted text endnew text beginto those
retirement allowancesnew text end.
Minnesota Statutes 2004, section 3A.02,
subdivision 4, is amended to read:
(a) The
deferred deleted text beginannuity deleted text endnew text beginretirement allowance new text endof any former legislator
must be augmented as provided herein.
new text begin
(b) new text endThe required reserves applicable to the
deferred deleted text beginannuity deleted text endnew text beginretirement allowancenew text end, determined as of the date
the benefit begins to accrue using an appropriate mortality
table and an interest assumption of six percent, must be
augmented from the first of the month following new text beginthe new text endtermination
of new text beginactive new text endservice, or July 1, 1973, whichever is later, to the
first day of the month in which the deleted text beginannuity deleted text endnew text beginallowance new text endbegins to
accrue, at the new text beginfollowing annually compounded new text endrate deleted text beginof five
percent per annum compounded annually until January 1, 1981, and
thereafter at the rate of three percent per annum compounded
annually until January 1 of the year in which the former
legislator attains age 55. From that date to the effective date
of retirement, the rate is five percent compounded annually.deleted text endnew text beginor
rates:
new text end
new text begin
rate
new text end
new text begin
period
(1) five percent
new text end
new text begin
until January 1, 1981
new text end
new text begin
(2) three percent
new text end
new text begin
from January 1, 1981, or from the
first day of the month following
the termination of active service,
whichever is later, until January 1
of the year in which the former
legislator attains age 55
(3) five percent
new text end
new text begin
from the period end date under
clause (2) to the effective date
of retirement.
new text end
deleted text begin
(b) The retirement allowance of, or the survivor benefit
payable on behalf of, a former member of the legislature who
terminated service before July 1, 1997, which is not first
payable until after June 30, 1997, must be increased on an
actuarial equivalent basis to reflect the change in the
postretirement interest rate actuarial assumption under section
356.215, subdivision 8, from five percent to six percent under a
calculation procedure and tables adopted by the board of
directors of the Minnesota State Retirement System and approved
by the actuary retained by the Legislative Commission on
Pensions and Retirement.
deleted text end
Minnesota Statutes 2004, section 3A.02,
subdivision 5, is amended to read:
(a) The board of directors
shall establish an optional retirement annuity in the form of a
joint and survivor annuity and an optional retirement annuity in
the form of a period certain and life thereafter. Except as
provided in paragraph (b), these optional annuity forms must be
actuarially equivalent to the normal deleted text beginannuity deleted text endnew text beginallowance new text endcomputed
under this section, plus the actuarial value of any surviving
spouse benefit otherwise potentially payable at the time of
retirement under section 3A.04, subdivision 1. An individual
selecting an optional annuity under this subdivision deleted text beginwaives deleted text endnew text beginand
the person's spouse waive new text endany rights to surviving spouse
benefits under section 3A.04, subdivision 1.
(b) If a retired legislator selects the joint and survivor
annuity option, the retired legislator must receive a normal
single-life deleted text beginannuity deleted text endnew text beginallowance new text endif the designated optional annuity
beneficiary dies before the retired legislator and no reduction
may be made in the annuity to provide for restoration of the
normal single-life deleted text beginannuity deleted text endnew text beginallowance new text endin the event of the death
of the designated optional annuity beneficiary.
(c) The surviving spouse of a legislator who has attained
at least age 60 and who dies while a member of the legislature
may elect an optional joint and survivor annuity under paragraph
(a), in lieu of surviving spouse benefits under section 3A.04,
subdivision 1.
Minnesota Statutes 2004, section 3A.03,
subdivision 1, is amended to read:
new text begin(a) new text endEvery member of the
legislature shall contribute nine percent of total salarydeleted text begin,deleted text endnew text begin.
new text end
new text begin
(b) The contribution must be made new text endby payroll deductiondeleted text begin,
to deleted text endnew text beginand must new text endbe paid into the state treasury and deposited in the
general fund. deleted text beginIt shall be the duty of
deleted text end
new text begin
(c) new text endThe director deleted text beginto deleted text endnew text beginmust new text endrecord the periodic contributions
of each member of the legislature and new text beginmust new text endcredit deleted text beginsuch deleted text endnew text begineach
new text end
contribution to the member's account.
Minnesota Statutes 2004, section 3A.03,
subdivision 2, is amended to read:
(a) A former member who has made
contributions under subdivision 1 and who is no longer a member
of the legislature is entitled to receive, upon written
application to the executive director on a form prescribed by
the executive director, a refund new text beginfrom the general fund new text endof all
contributions credited to the member's account with interest
computed as provided in section 352.22, subdivision 2.
(b) The refund of contributions as provided in paragraph (a)
terminates all rights of a former member of the legislature and
the survivors of the former member under this chapter.
(c) If the former member of the legislature again becomes a
member of the legislature after having taken a refund as
provided in paragraph (a), the member deleted text beginmust be considered deleted text endnew text beginis new text enda
deleted text begin
new deleted text endmember of deleted text beginthis plan deleted text endnew text beginthe unclassified employees retirement
program of the Minnesota State Retirement Systemnew text end.
new text begin
(d) new text endHowever, the member may reinstate the rights and credit
for service previously forfeited new text beginunder this chapter new text endif the
member repays all refunds takennew text begin,new text endplus interest at an annual rate
of 8.5 percent compounded annually from the date on which the
refund was taken to the date on which the refund is repaid.
deleted text begin
(d) deleted text endnew text begin(e) new text endNo person may be required to apply for or to accept
a refund.
Minnesota Statutes 2004, section 3A.04,
subdivision 1, is amended to read:
new text begin(a) new text endUpon the death of a
member of the legislature while serving as deleted text beginsuch deleted text endnew text begina new text endmember deleted text beginafter
June 30, 1973deleted text end, or upon the death of a former member of the
legislature with at least deleted text beginthe number of deleted text endnew text beginsix full new text endyears of
service deleted text beginas required by section 3A.02, subdivision 1, clause
(1) deleted text endnew text beginor service in all or part of four regular legislative
sessionsnew text end, the surviving spouse deleted text beginshall be paid deleted text endnew text beginis entitled to new text enda
survivor benefit deleted text beginin the amount of deleted text endnew text begin.
new text end
new text begin
(b) The surviving spouse benefit is new text endone-half of the
retirement allowance of the member of the legislature computed
as though the member were at least normal retirement age on the
date of death and based upon new text beginthe member's new text endallowable service
or new text beginupon new text endeight yearsnew text begin,new text endwhichever is greater. The augmentation
provided in section 3A.02, subdivision 4, if applicable, deleted text beginshall
deleted text endnew text begin
must new text endbe applied new text beginfor the period up new text endtonew text begin, and including,new text endthe month
of death.
new text begin
(c) new text endUpon the death of a former legislator receiving a
retirement allowance, the surviving spouse deleted text beginshall be deleted text endnew text beginis new text endentitled
to one-half of the amount of the new text beginretirement new text endallowance being paid
to the legislator. deleted text beginSuch
deleted text end
new text begin
(d) The surviving spouse new text endbenefit deleted text beginshall be paid during deleted text endnew text beginis
payable for new text endthe lifetime of the surviving spouse.
Minnesota Statutes 2004, section 3A.04,
subdivision 2, is amended to read:
new text begin(a) new text endUpon the death of a
member of the legislature while serving as a member, or upon the
death of a former member of the legislature who has rendered at
least deleted text beginthe number of deleted text endnew text beginsix full new text endyears of service deleted text beginas required by
section 3A.02, subdivision 1, clause (1) deleted text endnew text beginor service in all or
part of four regular legislative sessions new text endand who was not
receiving a retirement allowance, each dependent child of the
member or former legislator deleted text beginshall be deleted text endnew text beginis new text endentitled to receive a
survivor benefit in the following amount:
new text begin
(1) for the new text endfirst dependent child, a monthly deleted text beginallowance
which equals deleted text endnew text beginbenefit equal to new text end25 percent of the monthly
retirement allowance of the member of the legislature or new text beginthe
new text end
former legislator computed as though the member or new text beginthe new text endformer
legislator had attained at least the normal retirement age on
the date of death and based upon the average monthly salary as
of the date of death or as of the date of termination, whichever
deleted text begin
is applicable deleted text endnew text beginappliesnew text end, and the new text beginmember's new text endallowable service or
eight yearsnew text begin,new text endwhichever is greater;
new text begin
(2) new text endfor each additional dependent child, a monthly
deleted text begin
allowance which equals deleted text endnew text beginbenefit equal to new text end12-1/2 percent of the
monthly retirement allowance of the member or new text beginthe new text endformer
legislator computed as new text beginprovided new text endin deleted text beginthe case of the first child
deleted text endnew text begin
clause (1)new text end; deleted text beginbut deleted text endnew text beginand
new text end
new text begin
(3) new text endthe total amount paid to the surviving spouse and new text beginto
the new text enddependent new text beginchild or new text endchildren deleted text beginshall deleted text endnew text beginmay new text endnot exceednew text begin,new text endin any
one monthnew text begin,new text end100 percent of the monthly retirement allowance of
the member or new text beginof the new text endformer legislator computed as new text beginprovided new text endin
deleted text begin
the case of the first child deleted text endnew text beginclause (1)new text end.
new text begin
(b) new text endThe augmentation provided in section 3A.02, subdivision
4, if applicable, deleted text beginshall be applied deleted text endnew text beginapplies new text endfrom the first day of
the month next following the date of new text beginthe new text endtermination of new text beginthe
person from new text endservice as a member of the legislature to the month
of new text beginthe new text enddeath new text beginof the personnew text end.
new text begin
(c) new text endUpon the death of a former legislator who was receiving
a retirement allowance, deleted text beginthe deleted text endnew text begina new text endsurviving dependent child deleted text beginshall be
deleted text endnew text begin
is new text endentitled to the applicable percentage specified deleted text beginabove deleted text endnew text beginin
paragraph (a), clause (1) or (2), whichever applies,new text endof the
amount of the allowance which was paid to the former legislator
for the month immediately deleted text beginprior to deleted text endnew text beginbefore new text endthe date of death new text beginof
the former legislatornew text end.
new text begin
(d) new text endThe payments for dependent children deleted text beginshall deleted text endnew text beginmust new text endbe made
to the surviving spouse or new text beginto new text endthe guardian of the estate of the
dependent children, if there is one.
Minnesota Statutes 2004, section 3A.04,
subdivision 3, is amended to read:
The surviving deleted text beginspouse's deleted text endnew text beginspouse new text endand
dependent deleted text beginchildren's deleted text endnew text beginchild or children new text endsurvivor benefits payable
under this section deleted text beginshall be paid deleted text endnew text beginare payable new text endby the director
monthly in the same manner as retirement allowances are
authorized to be paid by this chapter.
Minnesota Statutes 2004, section 3A.04,
subdivision 4, is amended to read:
new text begin(a) new text endUpon the death of a member
of the legislature or new text beginof a new text endformer legislator who was not
receiving a retirement allowancedeleted text begin,deleted text endwithout new text beginleaving new text endeither a
surviving spouse or new text begina new text enddependent new text beginchild or dependent new text endchildren, the
last designated beneficiary named on a form new text beginthat was new text endfiled with
the director before the death of the legislator, or if no
designation is filed, the estate of the member or new text beginthe new text endformer
legislator, upon application, deleted text beginshall be deleted text endnew text beginis new text endentitled to a refundnew text begin.
new text end
new text begin
(b) The refund is the amount of contributions credited to
the person's account new text endplus interest as provided in section 3A.03,
subdivision 2, deleted text beginclause (2) deleted text endnew text beginparagraph (a)new text end.
Minnesota Statutes 2004, section 3A.04, is
amended by adding a subdivision to read:
new text begin
The survivor benefits and the
death refunds authorized by this section are appropriated to the
director from the general fund when they are due and payable.
new text end
Minnesota Statutes 2004, section 3A.05, is
amended to read:
new text begin
(a) new text endApplications for survivor benefits deleted text beginpursuant to deleted text endnew text beginunder
new text end
section 3A.04deleted text beginshall deleted text endnew text beginmust new text endbe filed with the director by the
surviving spouse and dependent new text beginchild or new text endchildren entitled to
benefits deleted text beginpursuant to deleted text endnew text beginunder new text endsection 3A.04, or by the guardian of
the estate, if there is one, of the dependent new text beginchild or new text endchildren.
new text begin
(b) new text endSurvivor benefits deleted text beginshall deleted text endaccrue as of the first day of
the month following the death of the member of the legislature
or former legislator and payments deleted text beginshall deleted text endcommence as of the first
of the month next following the filing of the application,
and deleted text beginshall be deleted text endnew text beginare new text endretroactive to the date the benefit accruesdeleted text begin;
provided, however, that no payment shall be retroactive for more
than deleted text endnew text beginor the first of the month occurring new text end12 months deleted text beginprior
to deleted text endnew text beginbefore new text endthe month new text beginin which new text endthe application is filed with the
directornew text begin, whichever is earliernew text end.
Minnesota Statutes 2004, section 3A.07, is
amended to read:
(a) Except as provided in paragraph (b), this chapter
applies to members of the legislature in service after July 1,
1965, who otherwise meet the requirements of this chapter.
(b) Members of the legislature who were elected for the
first time after June 30, 1997, or members of the legislature
who were elected before July 1, 1997, and who, after July 1,
1998, elect not to be members of the plan established by this
chapter are covered by the unclassified employees retirement
program governed by chapter 352D.
(c) The post-July 1, 1998, coverage election under
paragraph (b) is irrevocable and must be made on a form
prescribed by the director. new text beginThe second chance referendum
election under Laws 2002, chapter 392, article 15, also is
irrevocable.
new text end
Minnesota Statutes 2004, section 3A.10,
subdivision 1, is amended to read:
new text begin(a)
new text end
In the case of a member of the house of representativesnew text begin,new text endone
full term of office deleted text beginshall deleted text endnew text beginmust new text endbe considered two full years new text beginof
new text end
servicenew text begin,new text endnotwithstanding the fact that the oath of office deleted text beginmay be
deleted text endnew text begin
was new text endtaken on different days each biennium.
new text begin
(b) new text endIn the case of a member of the senate, one full term of
office deleted text beginshall deleted text endnew text beginmust new text endbe considered four full years new text beginof new text endservicenew text begin,
new text end
notwithstanding the fact that the oath of office deleted text beginmay be deleted text endnew text beginwas
new text end
taken on different days at the start of each term.
new text begin
(c) new text endFor purposes of this chapter, a legislative term deleted text beginshall
deleted text endnew text begin
must new text endbe deemed to commence on January deleted text begin1st deleted text endnew text begin1 new text endand to end on
December deleted text begin31st deleted text endnew text begin31new text end.
Minnesota Statutes 2004, section 3A.12, is
amended to read:
new text begin(a) new text endAny
legislator who has been deleted text beginan employee covered by deleted text endnew text begina member of a
retirement plan listed in paragraph (b) is entitled, when
otherwise qualified, to a retirement allowance or annuity from
each plan if the total allowable service in all plans or in any
two of these plans totals ten or more years.
new text end
new text begin
(b) This section applies to any retirement plan or program
administered by new text endthe Minnesota State Retirement System, or deleted text begina
member of deleted text endnew text beginany retirement plan administered by new text endthe Public
Employees Retirement Associationnew text begin,new text endincluding the Public Employees
Retirement Association police and fire fund, or the Teachers
Retirement Association, or the Minneapolis employees
retirement deleted text beginFund deleted text endnew text beginplannew text end, or the State Patrol retirement deleted text beginfund deleted text endnew text beginplannew text end,
or any other public employee retirement system in the state of
Minnesota having a like provision deleted text beginbut excluding all deleted text endnew text begin.
new text end
new text begin
(c) This section does not apply to new text endother deleted text beginfunds deleted text endnew text beginretirement
plans new text endproviding benefits for police or firefightersdeleted text begin, shall be
entitled when qualified to an annuity from each fund if the
total allowable service for which the legislator has credit in
all funds or in any two of these funds totals ten or more years,
provided deleted text endnew text begin.
new text end
new text begin
(d) new text endNo portion of the allowable service upon which the
retirement annuity from one deleted text beginfund deleted text endnew text beginplan new text endis based is again used in
the computation for benefits from another deleted text beginfund deleted text endnew text beginplannew text end. The
annuity from each deleted text beginfund shall deleted text endnew text beginplan must new text endbe determined by the
appropriate provisions of the lawnew text begin,new text endexcept that the requirement
that a person must have deleted text beginat least ten deleted text endnew text begina minimum number of new text endyears
new text begin
of new text endallowable service in the respective system or
association deleted text beginshall deleted text endnew text begindoes new text endnot apply for the purposes of this
section deleted text beginprovided deleted text endnew text beginif new text endthe combined service in two or more of these
deleted text begin
funds deleted text endnew text beginplans new text endequals ten or more years. The augmentation of
deferred annuities provided in section 3A.02, subdivision
4, deleted text beginshall apply deleted text endnew text beginapplies new text endto the annuities accruing deleted text beginhereunder deleted text endnew text beginunder
this sectionnew text end.
deleted text beginAny deleted text endnew text beginA new text endformer legislator who
has received a refund as provided in section 3A.03, subdivision
2, who is a currently contributing member of a retirement deleted text beginfund
deleted text endnew text begin
plan new text endspecified in subdivision 1new text begin, paragraph (b)new text end, may repay the
refund as provided in section 3A.03, subdivision 2. deleted text beginAny deleted text endnew text beginA
new text end
member of the legislature who has received a refund from any of
the deleted text beginfunds deleted text endnew text beginretirement plans new text endspecified in subdivision 1deleted text begin,deleted text endmay repay
the refund to the respective deleted text beginfund deleted text endnew text beginplan new text endunder such terms and
conditions consistent with the law governing deleted text beginsuch fund deleted text endnew text beginthe
retirement plan new text endif the law governing deleted text beginsuch fund deleted text endnew text beginthe plan new text endpermits
the repayment of refunds. If the total amount to be repaid,
including principal and interest exceeds $2,000, repayment may
be made in three equal installments over a period of 18 months,
with new text beginthe new text endinterest accrued during the period of new text beginthe new text endrepayment
added to the final installment.
Minnesota Statutes 2004, section 3A.13, is
amended to read:
new text begin
(a) new text endThe provisions of section 352.15deleted text beginshall deleted text endapply to the
legislators retirement plan, chapter 3A.
new text begin
(b) new text endThe executive director of the Minnesota State
Retirement System must, at the request of a retired legislator
who is enrolled in a health insurance plan covering state
employees, deduct the person's health insurance premiums from
the person's annuity and transfer the amount of the premium to a
health insurance carrier covering state employees.
new text begin
(a) The retirement plan applicable to a former
constitutional officer who was first elected to a constitutional
office after July 1, 1967, and before July 1, 1997, is the
applicable portions of this chapter and chapter 356 in effect on
the date on which the person terminated active service as a
constitutional officer.
new text end
new text begin
(b) Nothing in this section or section 352C.091,
subdivision 1, or 490.125, subdivision 2, is intended to reduce
the benefits of former constitutional officers or to adversely
modify their eligibility for benefits in effect as of the day
before the effective date of this section.
new text end
Minnesota Statutes 2004, section 352C.091,
subdivision 1, is amended to read:
deleted text beginThis
chapter deleted text endnew text begin(a) The elected officers retirement plan new text endmust be
administered by the new text beginboard of directors and the executive
director of the new text endMinnesota State Retirement System.
new text begin
(b) new text endThe elected state officers retirement plan must be
administered consistent with deleted text beginthis chapter deleted text endnew text beginthe applicable
statutory provisions governing the plan new text endand chapters 356 and
356A.
Minnesota Statutes 2004, section 352C.10, is
amended to read:
Retirement allowances payable to retired constitutional
officers deleted text beginpursuant to section 352C.031 deleted text endand surviving spouse
benefits payable deleted text beginpursuant to section 352C.04, shall deleted text endnew text beginmust new text endbe
adjusted in the same manner, at the same times and in the same
amounts as are benefits payable from the Minnesota
postretirement investment fund to retirees of a participating
public pension fund.
Minnesota Statutes 2004, section 352D.02,
subdivision 1, is amended to read:
(a) Employees enumerated in
paragraph (c), clauses (2), (3), (4), and (6) to (14), if they
are in the unclassified service of the state or Metropolitan
Council and are eligible for coverage under the general state
employees retirement plan under chapter 352, are participants in
the unclassified plan under this chapter unless the employee
gives notice to the executive director of the Minnesota State
Retirement System within one year following the commencement of
employment in the unclassified service that the employee desires
coverage under the general state employees retirement plan. For
the purposes of this chapter, an employee who does not file
notice with the executive director is deemed to have exercised
the option to participate in the unclassified plan.
(b) Persons referenced in paragraph (c), deleted text beginclauses (1) and
deleted text endnew text begin
clause new text end(5), are participants in the unclassified program under
this chapter unless the person is eligible to elect different
coverage under section 3A.07deleted text beginor 352C.011 deleted text endanddeleted text begin, after July 1,
1998, elects deleted text endnew text beginelected new text endretirement coverage by the applicable
alternative retirement plan. Persons referenced in paragraph
(c), clause (15), are participants in the unclassified program
under this chapter for judicial employment in excess of the
service credit limit in section 490.121, subdivision 22.
(c) Enumerated employees and referenced persons are:
(1) the governor, the lieutenant governor, the secretary of
state, the state auditor, and the attorney general;
(2) an employee in the Office of the Governor, Lieutenant
Governor, Secretary of State, State Auditor, Attorney General;
(3) an employee of the State Board of Investment;
(4) the head of a department, division, or agency created
by statute in the unclassified service, an acting department
head subsequently appointed to the position, or an employee
enumerated in section 15A.0815 or 15A.083, subdivision 4;
(5) a member of the legislature;
(6) a full-time unclassified employee of the legislature or
a commission or agency of the legislature who is appointed
without a limit on the duration of the employment or a temporary
legislative employee having shares in the supplemental
retirement fund as a result of former employment covered by this
chapter, whether or not eligible for coverage under the
Minnesota State Retirement System;
(7) a person who is employed in a position established
under section 43A.08, subdivision 1, clause (3), or in a
position authorized under a statute creating or establishing a
department or agency of the state, which is at the deputy or
assistant head of department or agency or director level;
(8) the regional administrator, or executive director of
the Metropolitan Council, general counsel, division directors,
operations managers, and other positions as designated by the
council, all of which may not exceed 27 positions at the council
and the chair;
(9) the executive director, associate executive director,
and not to exceed nine positions of the Higher Education
Services Office in the unclassified service, as designated by
the Higher Education Services Office before January 1, 1992, or
subsequently redesignated with the approval of the board of
directors of the Minnesota State Retirement System, unless the
person has elected coverage by the individual retirement account
plan under chapter 354B;
(10) the clerk of the appellate courts appointed under
article VI, section 2, of the Constitution of the state of
Minnesota;
(11) the chief executive officers of correctional
facilities operated by the Department of Corrections and of
hospitals and nursing homes operated by the Department of Human
Services;
(12) an employee whose principal employment is at the state
ceremonial house;
(13) an employee of the Minnesota Educational Computing
Corporation;
(14) an employee of the State Lottery who is covered by the
managerial plan established under section 43A.18, subdivision 3;
and
(15) a judge who has exceeded the service credit limit in
section 490.121, subdivision 22.
Minnesota Statutes 2004, section 355.01,
subdivision 3e, is amended to read:
"Judge" means a judge as defined in
section 490.121, subdivision deleted text begin3 deleted text endnew text begin21anew text end.
Minnesota Statutes 2004, section 356.65,
subdivision 2, is amended to read:
Any unclaimed
public pension fund amounts existing in any public pension fund
are presumed to be abandoned, but are not subject to the
provisions of sections 345.31 to 345.60. Unless the benefit
plan of the public pension fund specifically provides for a
different disposition of unclaimed or abandoned funds or
amounts, any unclaimed public pension fund amounts cancel and
must be credited to the public pension fund. If the unclaimed
public pension fund amount exceeds $25 and the inactive or
former member again becomes a member of the applicable public
pension plan or applies for a retirement annuity under section
3A.12, 352.72, 352B.30, deleted text begin352C.051,deleted text end353.71, 354.60, 356.30, or
422A.16, subdivision 8, whichever applies, the canceled amount
must be restored to the credit of the person.
Minnesota Statutes 2004, section 490.121,
subdivision 1, is amended to read:
For purposes of sections 490.121
to 490.132, new text beginunless the context clearly indicates otherwise, each
of the new text endterms defined in this section deleted text beginhave deleted text endnew text beginhas new text endthe deleted text beginmeanings
deleted text endnew text begin
meaning new text endgiven deleted text beginthem unless the context clearly indicates
otherwise deleted text endnew text beginitnew text end.
Minnesota Statutes 2004, section 490.121, is
amended by adding a subdivision to read:
new text begin
"Actuarial equivalent"
means the condition of one annuity or benefit having an equal
actuarial present value as another annuity or benefit,
determined as of a given date with each actuarial present value
based on the appropriate mortality table adopted by the board of
directors of the Minnesota State Retirement System based on the
experience of the fund as recommended by the actuary retained
under section 356.214 and approved under section 356.215,
subdivision 18, and using the applicable preretirement or
postretirement interest rate assumption specified in section
356.215, subdivision 8.
new text end
Minnesota Statutes 2004, section 490.121,
subdivision 4, is amended to read:
new text begin(a) new text end"Allowable service"
means any calendar month, subject to the service credit limit in
subdivision 22, served as a judge at any time, deleted text beginor deleted text endnew text beginduring which
the judge received compensation for that service from the state,
municipality, or county, whichever applies, and for which the
judge made any required member contribution. It also includes
any month new text endserved as a referee in probate for all referees in
probate who were in office deleted text beginprior to deleted text endnew text beginbefore new text endJanuary 1, 1974.
new text begin
(b) "Allowable service" does not mean service as a retired
judge.
new text end
Minnesota Statutes 2004, section 490.121,
subdivision 7, is amended to read:
"Annuitant" means a new text beginformer new text endjudge, new text begina
new text end
surviving spousenew text begin,new text endor new text begina new text enddependent child new text beginwho is new text endentitled to new text beginand is
receiving new text endan annuity under deleted text beginthe provisions of deleted text endsections 490.121 to
490.132.
Minnesota Statutes 2004, section 490.121, is
amended by adding a subdivision to read:
new text begin
"Approved actuary" means an
actuary as defined in section 356.215, subdivision 1, paragraph
(c).
new text end
Minnesota Statutes 2004, section 490.121, is
amended by adding a subdivision to read:
new text begin
"Court" means any court of this state
that is established by the Minnesota Constitution.
new text end
Minnesota Statutes 2004, section 490.121, is
amended by adding a subdivision to read:
new text begin
"Dependent
surviving child" means any natural or adopted child of a
deceased judge who has not reached the age of 18 years, or
having reached the age of 18, is under age 22 and who is a
full-time student throughout the normal school year, is
unmarried, and is actually dependent for more than one-half of
the child's support upon the judge for a period of at least 90
days before the judge's death. It also includes any natural
child of the judge who was born after the death of the judge.
new text end
Minnesota Statutes 2004, section 490.121,
subdivision 13, is amended to read:
"Disability" means new text beginthe new text endpermanent
inability new text beginof a judge to continue new text endto perform the functions of
judge by reason of new text begina new text endphysical or mental impairment resulting
from new text begina new text endsickness or new text beginan new text endinjury.
Minnesota Statutes 2004, section 490.121,
subdivision 14, is amended to read:
"Disability
retirement date" means the last day of the first month after new text beginthe
date on new text endwhich the governor determines, upon new text beginreceipt of the
new text end
voluntary application by the judge or otherwise, that a judge
suffers from a disability.
Minnesota Statutes 2004, section 490.121,
subdivision 15, is amended to read:
"Disability
retirement annuity" means an annuity to which a judge is
entitled under section 490.124, subdivisions 1 and 4new text begin,new text endafter new text beginthe
new text end
retirement deleted text beginfor reason deleted text endof new text beginthe judge because of a new text enddisability.
Minnesota Statutes 2004, section 490.121, is
amended by adding a subdivision to read:
new text begin
"Early retirement date"
means the last day of the month after a judge attains the age of
60 but before the judge reaches the normal retirement date.
new text end
Minnesota Statutes 2004, section 490.121, is
amended by adding a subdivision to read:
new text begin
"Early retirement
annuity" means an annuity to which a judge is entitled under
section 490.124, subdivisions 1 and 3, upon retirement by the
judge at an early retirement date.
new text end
Minnesota Statutes 2004, section 490.121,
subdivision 21, is amended to read:
"Final average
compensation" means the total amount of new text beginthe new text endsalary payable to a
judge in the highest five years new text beginout new text endof the last ten years deleted text beginprior
to deleted text endnew text beginbefore new text endthe deleted text beginevent of maturity of benefits deleted text endnew text begintermination of
judicial servicenew text end, divided by fivedeleted text begin; provided, however, that deleted text endif
the number of years of service new text beginby the judge equals or exceeds
ten. If the number of years of service by the judge new text endis less
than tennew text begin, but more than fivenew text end, the highest five deleted text beginshall deleted text endnew text beginyears of
salary must new text endbe counteddeleted text begin, and deleted text endnew text begin.new text endIf the number of years new text beginof service
by the judge new text endis less than five, the aggregate salary deleted text beginin such deleted text endnew text beginfor
the new text endperiod deleted text beginshall deleted text endnew text beginof service must new text endbe divided by the number of
months in deleted text beginsuch deleted text endnew text beginthe new text endperiod and multiplied by 12.
Minnesota Statutes 2004, section 490.121, is
amended by adding a subdivision to read:
new text begin
"Judge" means a judge or a justice of
any court as defined under subdivision 7b.
new text end
Minnesota Statutes 2004, section 490.121, is
amended by adding a subdivision to read:
new text begin
"Judges' retirement fund," "retirement fund," or "fund"
means the fund created by section 490.123.
new text end
Minnesota Statutes 2004, section 490.121, is
amended by adding a subdivision to read:
new text begin
"Mandatory
retirement date" means the last day of the month in which a
judge has attained 70 years of age.
new text end
Minnesota Statutes 2004, section 490.121, is
amended by adding a subdivision to read:
new text begin
Except as
otherwise provided in sections 490.121 to 490.132, "normal
retirement annuity" means an annuity to which a judge is
entitled under section 490.124, subdivision 1, upon retirement
on or after the normal retirement date of the judge.
new text end
Minnesota Statutes 2004, section 490.121, is
amended by adding a subdivision to read:
new text begin
"Normal retirement
date" means the last day of the month in which a judge attains
the age of 65.
new text end
Minnesota Statutes 2004, section 490.121,
subdivision 22, is amended to read:
"Service credit limit"
means the greater of: (1) 24 years of allowable service
under new text beginthis new text endchapter deleted text begin490deleted text end; or (2) for judges with allowable service
rendered deleted text beginprior to deleted text endnew text beginbefore new text endJuly 1, 1980, the number of years of
allowable service under chapter 490, which, when multiplied by
the percentage listed in section 356.315, subdivision 7 or 8,
whichever is applicable to each year of service, equals 76.8.
Minnesota Statutes 2004, section 490.121, is
amended by adding a subdivision to read:
new text begin
"Surviving spouse" means the
surviving legally married spouse of a deceased judge.
new text end
Minnesota Statutes 2004, section 490.121, is
amended by adding a subdivision to read:
new text begin
"Survivor's annuity" means
an annuity to which a surviving spouse or dependent child is
entitled under section 490.124, subdivision 9.
new text end
Minnesota Statutes 2004, section 490.122, is
amended to read:
The policy-making,
management, and administrative functions governing the operation
of the judges' retirement fund and the administration
of deleted text beginsections 490.121 to 490.132 deleted text endnew text beginthis chapter new text endare vested in the
board of directors and executive director of the Minnesota State
Retirement System deleted text beginwith such deleted text endnew text begin. In administering the plan and
fund, the board and the director have the same new text endduties,
authority, and responsibility as are provided in chapter 352.
Except as
otherwise specified, no provision of chapter 352 applies to the
judges' retirement fund or any judge.
Fiduciary
activities deleted text beginof deleted text endnew text beginrelating to new text endthe uniform new text beginjudges' new text endretirement deleted text beginand
Survivors' Annuities for Judges deleted text endnew text beginplan new text endmust be undertaken in a
manner consistent with chapter 356A.
Minnesota Statutes 2004, section 490.123,
subdivision 1, is amended to read:
new text begin(a) There is created a special fund to be known
as new text endthe "judges' retirement fundnew text begin.new text end"
new text begin
(b) The judges' retirement fund new text endmust be credited with all
contributionsdeleted text begin,deleted text endnew text begin;new text endall interest, new text begindividends, and other investment
proceeds;new text endand all other income authorized by new text beginthis chapter or
other applicable new text endlaw.
new text begin
(c) new text endFrom this fund there are appropriated the payments
authorized by sections 490.121 to 490.132, in the amounts and at
the times provided, including the necessary and reasonable
expenses of the Minnesota State Retirement System in
administering the fund and the transfers to the Minnesota
postretirement investment fund.
Minnesota Statutes 2004, section 490.123,
subdivision 1a, is amended to read:
(a) A judge who is
covered by the federal Old Age, Survivors, Disability, and
Health Insurance Program new text beginand new text endwhose service does not exceed the
service credit limit in section 490.121, subdivision 22, shall
contribute to the fund from each salary payment a sum equal to
8.00 percent of salary.
(b) deleted text beginA judge not so covered whose service does not exceed
the service credit limit in section 490.121, subdivision 22,
shall contribute to the fund from each salary payment a sum
equal to 8.15 percent of salary.
deleted text end
deleted text begin
(c) deleted text endThe contribution under this subdivision is payable by
salary deduction. new text beginThe deduction must be made by the state court
administrator under section 352.04, subdivisions 4, 5, and 8.
new text end
Minnesota Statutes 2004, section 490.123,
subdivision 1b, is amended to read:
new text begin(a) new text endThe employer
contribution rate to the fund on behalf of a judge is 20.5
percent of salary deleted text beginand deleted text endnew text begin. The employer obligation new text endcontinues after
a judge exceeds the service credit limit in section 490.121,
subdivision 22.
new text begin
(b) new text endThe employer contribution must be paid by the state
court administrator deleted text beginand deleted text endnew text begin. The employer contribution new text endis payable
at the same time as member contributions new text beginare made new text endunder
subdivision 1a or new text beginas new text endemployee contributions new text beginare made new text endto the
unclassified deleted text beginplan in deleted text endnew text beginprogram governed by new text endchapter 352D for judges
whose service exceeds the limit in section 490.121, subdivision
22, are remitted.
Minnesota Statutes 2004, section 490.123,
subdivision 1c, is amended to read:
deleted text beginIn the event
that deleted text endnew text beginIf new text endthe employer contribution under subdivision 1b and the
assets of the judges retirement fund are insufficient to meet
reserve transfers to the Minnesota postretirement investment
fund or payments of survivor benefits deleted text beginbefore July 1, 1993 deleted text endnew text beginin a
monthnew text end, the necessary amount is appropriated from the general
fund to the executive director of the Minnesota State Retirement
System, upon new text beginthe new text endcertification new text beginof the required amount new text endby the
executive director to the commissioner of finance.
Minnesota Statutes 2004, section 490.123,
subdivision 2, is amended to read:
The commissioner of
finance deleted text beginshall be deleted text endnew text beginis the new text endex officio treasurer of the judges'
retirement fund deleted text beginand the deleted text endnew text begin. The new text endcommissioner's general bond to the
state deleted text beginshall deleted text endnew text beginmust new text endbe deleted text beginso deleted text endconditioned deleted text beginas deleted text endto cover all liability for
acting as new text beginthe new text endtreasurer of deleted text beginthis deleted text endnew text beginthe new text endfund. All deleted text beginmoneys deleted text endnew text beginmoney
new text end
received by the commissioner deleted text beginpursuant to deleted text endnew text beginunder new text endthis section
deleted text begin
shall deleted text endnew text beginmust new text endbe set aside in the state treasury to the credit of
the judges' retirement fund. deleted text beginThe commissioner shall transmit
monthly to the executive director described in section 352.03,
subdivision 5, a detailed statement of all amounts so received
and credited to the fund. The commissioner shall pay out the
fund only upon vouchers signed by said executive director;
provided that vouchers for investment may be signed by the
secretary of the State Board of Investment.
deleted text end
Minnesota Statutes 2004, section 490.123,
subdivision 3, is amended to read:
new text begin(a) new text endThe new text beginexecutive new text enddirector deleted text beginreferred
to in subdivision 2 deleted text endnew text beginof the Minnesota State Retirement System
new text end
shall, from time to time, certify to the State Board of
Investment such portions of the judges' retirement fund as in
the director's judgment may not be required for immediate use.
new text begin
(b) new text endAssets from the judges' retirement fund deleted text beginshall deleted text endnew text beginmust new text endbe
transferred to the Minnesota postretirement investment fund for
retirement and disability benefits as provided in sections
11A.18 and 352.119.
new text begin
(c) new text endThe State Board of Investment shall thereupon invest
and reinvest sums so transferred, or certified, in such
securities as are duly authorized legal investments for such
purposes under section 11A.24new text beginin compliance with sections
356A.04 and 356A.06new text end.
Minnesota Statutes 2004, section 490.124,
subdivision 1, is amended to read:
new text begin(a) new text endExcept as
qualified hereinafter from and after new text beginthe new text endmandatory retirement
date, new text beginthe new text endnormal retirement date, new text beginthe new text endearly retirement date, or
one year from the disability retirement date, as the case may
be, new text begina retiring judge is eligible to receive new text enda retirement annuity
deleted text begin
shall be payable to a retiring judge deleted text endfrom the judges' retirement
fund deleted text beginin deleted text endnew text begin.
new text end
new text begin
(b) The retirement annuity is new text endan amount equal to: (1) the
percent specified in section 356.315, subdivision 7, multiplied
by the judge's final average compensation new text beginwith that result then
new text end
multiplied by the number of years and fractions of years of
allowable service rendered deleted text beginprior to deleted text endnew text beginbefore new text endJuly 1, 1980; plus
(2) the percent specified in section 356.315, subdivision 8,
multiplied by the judge's final average compensation new text beginwith that
result then new text endmultiplied by the number of years and fractions of
years of allowable service rendered after June 30, 1980.
new text begin
(c) new text endService that exceeds the service credit limit in
section 490.121, subdivision 22, must be excluded in calculating
the retirement annuity, but new text beginthe new text endcompensation earned new text beginby the judge
new text end
during this new text beginperiod of judicial new text endservice must be used in
determining a judge's final average compensation and calculating
the retirement annuity.
Minnesota Statutes 2004, section 490.124,
subdivision 2, is amended to read:
deleted text begin
No deleted text endnew text begin(a) Unless section 356.30 applies, a new text endjudge deleted text beginshall be deleted text endnew text beginis not
new text end
eligible for an annuity at new text beginthe new text endnormal new text beginretirement date new text endor new text beginthe
new text end
early retirement date if the judge has less than five years of
allowable service.
new text begin
(b) new text endA judge who deleted text beginshall retire deleted text endnew text beginretires new text endon or, as permitted
under sections 490.121 to 490.132, after new text beginthe judge's new text endmandatory
retirement date, deleted text beginshall be deleted text endnew text beginis new text endentitled to a proportionate annuity
based upon the allowable service of the judge at new text beginthe new text enddate of
retirement.
deleted text begin
A judge who was in office on December 31, 1973, and
thereafter and who, by the date on which the current term
expires, would not be eligible to retire with full benefits
under statutes in effect on December 31, 1973, may apply to the
governor for an extension to serve up to three additional years,
stating the intention of the judge to retire upon attaining
eligibility to receive a retirement allowance. Notwithstanding
section 490.125, the governor shall forthwith make a written
order accepting the retirement application, and extending the
term of office of the judge for the period of time, not to
exceed three years, as may be necessary to make the judge
eligible for retirement, solely for purposes of computing
benefits hereunder.
deleted text end
Minnesota Statutes 2004, section 490.124,
subdivision 3, is amended to read:
The retirement
annuity deleted text beginprovided by deleted text endnew text beginunder new text endsubdivision 1 of any judge deleted text beginelecting
deleted text endnew text begin
who elects new text endto retire at an early retirement date deleted text beginshall deleted text endnew text beginmust new text endbe
reduced by one-half of one percent per month from the retirement
date to new text beginthe new text endnormal retirement date.
Minnesota Statutes 2004, section 490.124,
subdivision 4, is amended to read:
new text begin
(a) When the governor
determines that a judge is disabled under section 490.121,
subdivision 13, notice of the governor's determination must be
sent to the judge, the chief justice of the Supreme Court, the
state court administrator, and the executive director of the
Minnesota State Retirement System.
new text end
new text begin
(b) new text endFrom and after disability retirement date, a disabled
judge deleted text beginshall be deleted text endnew text beginis new text endentitled to continuation of the judge's full
salary payable by the judge's employer, as if the judge's office
were not vacated by retirement, for a period of up to one full
year, but in no event beyond the judge's mandatory retirement
date. During this year the judge deleted text beginwill deleted text endnew text beginis entitled to new text endearn
additional service credit new text beginin the judges' retirement plannew text end. The
salary deleted text beginearned will be deleted text endnew text beginpayable to a disabled judge is new text endsubject to
retirement deductions and deleted text beginwill deleted text endnew text beginmust new text endbe included in computing
final average compensation new text beginof the judgenew text end. deleted text beginThereafter
deleted text end
new text begin
(c) At the conclusion of the year of continued salary
following a disability or upon the judge's mandatory retirement
date, whichever is earlier, the disabled judge is entitled to new text enda
disability retirement annuity computed as provided in
subdivision 1 deleted text beginshall be paid, provided that deleted text endnew text begin. If the computed
retirement annuity is a smaller amount,new text endthe judge deleted text beginshall deleted text endnew text beginis
entitled to new text endreceive a minimum annuity of 25 percent of the
judge's final average compensation.
Minnesota Statutes 2004, section 490.124,
subdivision 5, is amended to read:
(a) deleted text beginAny deleted text endnew text beginA new text endbenefit to which a
judge is entitled under this section may be deferred until new text beginthe
new text end
early or normal retirement date new text beginor laternew text end, notwithstanding new text beginthe
new text end
termination of deleted text beginsuch deleted text endnew text beginthe new text endjudge's service prior thereto.
(b) The retirement annuity of, or the survivor benefit
payable on behalf of, a former judge, who terminated service
before July 1, 1997, which is not first payable until after June
30, 1997, must be increased on an actuarial equivalent basis to
reflect the change in the postretirement interest rate actuarial
assumption under section 356.215, subdivision 8, from five
percent to six percent under a calculation procedure and tables
adopted by the board of directors of the Minnesota State
Retirement System and approved by the actuary retained deleted text beginby the
Legislative Commission on Pensions and Retirement deleted text endnew text beginunder section
356.214new text end.
Minnesota Statutes 2004, section 490.124,
subdivision 8, is amended to read:
deleted text beginAny deleted text endnew text begin(a)
Except as provided in paragraph (b), a new text endjudge who retires after
December 31, 1973, deleted text beginshall be deleted text endnew text beginis new text endentitled to a retirement pension,
retirement compensation or other retirement payment under
statutes applicable solely to judges deleted text beginpursuant to deleted text endnew text beginunder new text endthis
section onlydeleted text begin, except that any such deleted text endnew text begin.
new text end
new text begin
(b) A new text endjudge new text beginwho was new text endin office deleted text beginprior to deleted text endnew text beginbefore new text endJanuary 1,
1974, who retires at or after normal retirement age may then
elect to receive during the judge's lifetime a normal retirement
annuity computed on the basis of retirement compensation
provided for such judge under statutes in effect on December 31,
1973, in lieu of the amount of normal retirement annuity
otherwise computed under sections 490.121 to 490.132.
deleted text begin
For purposes of this subdivision, the Conciliation Court of
the city of Duluth shall be deemed to have been a court of
record by the statutes in effect on December 31, 1973.
deleted text end
Minnesota Statutes 2004, section 490.124,
subdivision 9, is amended to read:
new text begin(a) new text endUpon the death of a
judge deleted text beginprior to deleted text endnew text beginbefore new text endretirement, or upon the death of a person
who has qualified for an annuity new text beginunder this section new text endbut who
ceases to be a judge deleted text beginprior to deleted text endnew text beginbefore new text endretirement and has new text beginwho new text endnot
received a refund of contributions deleted text beginpursuant to deleted text endnew text beginunder new text endsubdivision
12, a surviving spouse new text beginis entitled to,new text endor, if there be no
surviving spouse, dependent children, deleted text beginshall deleted text endnew text beginare entitled to
new text end
receive an annuity, payable monthly, equal new text beginin total new text endto 60
percent of the normal retirement annuity which would have been
payable to the judge or former judge had the date of death been
the normal retirement datedeleted text begin, provided that the deleted text endnew text begin.
new text end
new text begin
(b) The annuity payable to a new text endsurviving spouse or new text beginto
new text end
dependent children deleted text beginshall receive an annuity deleted text endnew text beginis an amount new text endof not
less than 25 percent of the judge's or new text beginthe new text endformer judge's final
average compensation.
deleted text begin
If a judge, whose surviving spouse was not entitled to
survivors benefits provided solely for judges under statutes in
effect prior to January 1, 1974, shall have died prior to
retirement on or after May 23, 1973 and before January 1, 1974,
a surviving spouse and dependent children, if any, shall be
entitled to survivors benefits as provided hereunder as if such
judge had died on January 1, 1974.
deleted text end
Minnesota Statutes 2004, section 490.124,
subdivision 10, is amended to read:
new text begin(a)
new text end
Benefits provided deleted text beginpursuant to deleted text endnew text beginunder Minnesota Statutes 2004,
new text end
section 490.102, subdivision 6, or 490.1091, for a surviving
spouse of a retired judge, payable after the death of the judge,
deleted text begin
shall be deleted text endnew text beginare new text endlimited todeleted text begin:
deleted text end
deleted text begin
(a) deleted text endspouses of judges who have retired deleted text beginprior to deleted text endnew text beginbefore
new text end
January 1, 1974deleted text begin; and deleted text endnew text begin.
new text end
(b) deleted text beginspouses of judges in office on December 31, 1973 and
thereafter who elect to continue contributions pursuant to
section 490.102, subdivision 6 or 490.109. The contributions
shall be in addition to contributions pursuant to section
490.123, and upon retirement the judge may not elect to receive
any optional annuity pursuant to subdivision 11 unless the judge
and the spouse shall waive any benefits pursuant to section
490.102, subdivision 6 or 490.1091.
deleted text end
No other judge in office on or after January 1, 1974, deleted text beginshall
be deleted text endnew text beginis new text endrequired to contribute deleted text beginpursuant to deleted text endnew text beginunder Minnesota
Statutes 2004,new text endsection 490.102, subdivision 6new text begin,new text endor 490.109.
Minnesota Statutes 2004, section 490.124,
subdivision 11, is amended to read:
new text begin(a) new text endNo survivor or death benefits may be paid in
connection with the death of a judge who retires after December
31, 1973, except as otherwise provided in sections 490.121 to
490.132.
new text begin
(b) new text endExcept as provided in subdivision 10, a judge may elect
to receive, instead of the normal retirement annuity, an
optional retirement annuity in the form of new text begineither (1) new text endan annuity
payable for a period certain and for life after that period, new text begin(2)
new text end
a joint and survivor annuity without reinstatement deleted text beginin the event
of deleted text endnew text beginif new text endthe designated beneficiary deleted text beginpredeceasing deleted text endnew text beginpredeceases new text endthe
retired judge, or new text begin(3) new text enda joint and survivor annuity with
reinstatement deleted text beginin the event of deleted text endnew text beginif new text endthe designated beneficiary
deleted text begin
predeceasing deleted text endnew text beginpredeceases new text endthe retired judge.
new text begin
(c) new text endAn optional retirement annuity must be actuarially
equivalent to a single-life annuity with no term certain and
must be established by the board of directors of the Minnesota
State Retirement System. In establishing these optional
retirement annuity forms, the board shall obtain the written
recommendation of the actuary retained deleted text beginby the Legislative
Commission on Pensions and Retirement deleted text endnew text beginunder section 356.214new text end.
The recommendations must be new text beginretained as new text enda part of the permanent
records of the board.
Minnesota Statutes 2004, section 490.124,
subdivision 12, is amended to read:
(a) A person who ceases to be a
judge deleted text beginbut who does not qualify for a retirement annuity or other
benefit under section 490.121 deleted text endis entitled to a refund in an
amount new text beginthat is new text endequal to all new text beginof new text endthe member's employee
contributions to the judges' retirement fund plus interest
computed under section 352.22, subdivision 2.
(b) A refund of contributions under paragraph (a)
terminates all service credits and all rights and benefits of
the judge and the judge's survivors new text beginunder this chapternew text end.
new text begin
(c) new text endA person who becomes a judge again after taking a
refund under paragraph (a) may reinstate the previously
terminated new text beginallowable new text endservice deleted text begincredits deleted text endnew text begincreditnew text end, rights, and
benefits by repaying the total amount of the previously received
refund. The refund repayment must include interest on the total
amount previously received at an annual rate of 8.5 percentnew text begin,
new text end
compounded annuallynew text begin,new text endfrom the date on which the refund was
received until the date on which the refund is repaid.
Minnesota Statutes 2004, section 490.124,
subdivision 13, is amended to read:
If a judge who has not received
other benefits under this chapter dies and there are no survivor
benefits payable under this chapter, a refund plus interest as
provided in subdivision 12 is payable to the last designated
beneficiary named on a form filed with the director before the
death of the judge, ornew text begin,new text endif no designation is on file, deleted text beginthe refund
is payable deleted text endto the estate of the deceased judge.
Minnesota Statutes 2004, section 490.125,
subdivision 1, is amended to read:
Except as
otherwise provided in sections 490.121 to 490.132, deleted text begineach deleted text endnew text begina new text endjudge
shall deleted text beginretire deleted text endnew text beginterminate active service as a judge new text endon the judge's
mandatory retirement date.
Minnesota Statutes 2004, section 490.125,
subdivision 2, is amended to read:
deleted text beginExcept as provided by sections
490.025, subdivision 3, 490.102, subdivisions 3 and 3a and
490.12, subdivision 2,deleted text endAny judge in office on December 31, 1973
who shall have attained 70 years of age on or prior to such date
shall retire upon the expiration of the term of office of such
judge.
Minnesota Statutes 2004, section 490.126, is
amended to read:
Proceedings for
compulsory retirement of a judge, if necessary, deleted text beginshall deleted text endnew text beginmust new text endbe
conducted in accordance with rules issued by the Supreme Court
deleted text begin
pursuant to deleted text endnew text beginunder new text endsection deleted text begin490.16 deleted text endnew text begin490A.02new text end.
Any judge may make written
application to the governor for retirement. The governor
thereupon shall direct the judge's retirement by written order
which, when filed in the Office of the Secretary of State, deleted text beginshall
effect deleted text endnew text begineffects new text enda vacancy in the office to be filled as provided
by law.
new text beginAn
new text end
application for an annuity or new text begina new text endrefund under sections 490.121 to
490.132 may be made by the new text beginpotential new text endannuitant or by someone
authorized to act for the new text beginpotential new text endannuitant. Every
application for an annuity or refund, deleted text beginwith deleted text endnew text beginaccompanied by a
new text end
proof of age and new text beginby a record of new text endyears of service when
required, deleted text beginshall deleted text endnew text beginmust new text endbe submitted to the deleted text begingoverning
body deleted text endnew text beginexecutive director new text endof the Minnesota State Retirement System
in a form prescribed by deleted text beginit deleted text endnew text beginthe directornew text end.
Unless otherwise
specifically provided by statute or agreed upon by the annuitant
and the deleted text begingoverning body deleted text endnew text beginboard of directors new text endof the new text beginMinnesota new text endState
Retirement System, annuities payable under sections 490.121 to
490.132 deleted text beginshall deleted text endnew text beginmust new text endbe paid in the manner and at the intervals as
prescribed by the executive director of the new text beginMinnesota new text endState
Retirement System. The annuity deleted text beginshall cease deleted text endnew text beginceases new text endwith the last
payment received by the annuitant while living.
None of
the money, annuities, or other benefits provided in this chapter
is assignable either in law or equity or is subject to new text beginstate
estate tax, or to new text endexecution, levy, attachment, garnishment, or
other legal process, except as provided in section 518.58,
518.581, or 518.6111.
Minnesota Statutes 2004, section 490.133, is
amended to read:
new text begin
(a) new text endIf a judge to whom or to whose survivors benefits would
be payable under new text beginMinnesota Statutes 2004,new text endsections 490.101 to
490.12deleted text begin,deleted text endis elected or appointed to the Court of Appeals, that
judge and the judge's survivorsdeleted text begin, shall deleted text endcontinue to be eligible
for benefits under those sections and not under sections 490.121
to 490.132.
new text begin
(b) new text endIn deleted text beginthat deleted text endnew text beginthe new text endcase new text beginof a judge to whom paragraph (a)
appliesnew text end, the service of the judge in the Court of Appeals deleted text beginshall
deleted text endnew text begin
must new text endbe added to the new text beginprior new text endservice as district judge, probate
judge, or judge of any other court of record in determining
eligibility and the compensation of a judge of the Court of
Appeals at the time of the judge's death, disability, or
retirement deleted text beginshall be deleted text endnew text beginis new text endthe "compensation allotted to the office"
for the purposes of calculating benefit amounts.
new text begin
(c) new text endAll other judges of the Court of Appeals and their
survivors deleted text beginshall be deleted text endnew text beginare new text endsubject to the retirement and survivor's
annuity provisions of sections 490.121 to 490.132.
new text begin
The Board on
Judicial Standards is established. The Board on Judicial
Standards is a continuation of the board established by Laws
1971, chapter 909, sections 1 and 2, as amended. For the
purposes of this chapter, "board" means the Board on Judicial
Standards.
new text end
new text begin
(a) The board
consists of one judge of the Court of Appeals, three trial court
judges, two lawyers who have practiced law in the state for at
least ten years, and four citizens who are not judges, retired
judges, or lawyers.
new text end
new text begin
(b) All members must be appointed by the governor with the
advice and consent of the senate. Senate confirmation is not
required for judicial members.
new text end
new text begin
No member
may serve more than two full four-year terms or their equivalent.
Membership terminates if a member ceases to hold the position
that qualified the member for appointment.
new text end
new text begin
The
membership terms, compensation, removal of members, and filling
of vacancies on the board are as provided in section 15.0575.
new text end
new text begin
(a)
The board shall appoint the executive secretary.
new text end
new text begin
(b) The salary of the executive secretary of the board is
85 percent of the maximum salary provided for an administrative
law judge under section 15A.083, subdivision 6a.
new text end
new text begin
A judge is
disqualified from acting as a judge, without a loss of salary,
while there is pending an indictment or any information charging
the judge with a crime that is punishable as a felony under
either Minnesota law or federal law, or while there is pending a
recommendation to the Supreme Court by the Board on Judicial
Standards for the judge's removal or retirement.
new text end
new text begin
On receipt of a
recommendation of the Board on Judicial Standards or on its own
motion, the Supreme Court may suspend a judge from office
without salary when the judge pleads guilty to or no contest to
or is found guilty of a crime that is punishable as a felony
under either Minnesota law or federal law or any other crime
that involves moral turpitude. If the conviction is reversed,
the suspension terminates and the judge must be paid a salary
for the period of suspension. If the judge is suspended and the
conviction becomes final, the Supreme Court shall remove the
judge from office.
new text end
new text begin
On receipt of a
recommendation of the Board on Judicial Standards, the Supreme
Court may retire a judge for a disability that the court
determines seriously interferes with the performance of the
judge's duties and is or is likely to become permanent, and
censure or remove a judge for an action or inaction that may
constitute persistent failure to perform the judge's duties,
incompetence in performing the judge's duties, habitual
intemperance, or conduct prejudicial to the administration of
justice that brings the judicial office into disrepute.
new text end
new text begin
The board is
specifically empowered to reopen any matter wherein any
information or evidence was previously precluded by a statute of
limitations or by a previously existing provision of time
limitation.
new text end
new text begin
(a) A judge who is retired
by the Supreme Court must be considered to have retired
voluntarily.
new text end
new text begin
(b) This section and section 490A.01 must not affect the
right of a judge who is suspended, retired, or removed under
this section from qualifying for any pension or other retirement
benefits to which the judge would otherwise be entitled by law
to receive.
new text end
new text begin
A judge removed by the Supreme Court is ineligible for any
future service in a judicial office. The question of the right
of a removed judge to practice law in this state must be
referred to the proper authority for review.
new text end
new text begin
The Supreme Court shall
make rules to implement this section.
new text end
new text begin
The provisions of sections 490A.01 and 490A.02 apply to all
judges, judicial officers, and referees.
new text end
Minnesota Statutes 2004, section 525.05, is
amended to read:
The following shall be grounds for disqualification of any
judge or referee from acting in any matter: (1) That the judge
or the judge's spouse or any of either of their kin nearer than
first cousin is interested as representative, heir, devisee,
legatee, ward, or creditor in the estate involved therein; (2)
that it involves the validity or interpretation of a will drawn
or witnessed by the judge; (3) that the judge may be a necessary
witness in the matter; (4) that it involves a property right in
respect to which the judge has been engaged or is engaged as an
attorney; or (5) that the judge was engaged in a joint
enterprise for profit with the decedent at the time of death or
that the judge is then engaged in a joint enterprise for profit
with any person interested in the matter as representative,
heir, devisee, legatee, ward, or creditor. When grounds for
disqualification exist, the judge may, and upon proper petition
of any person interested in the estate must, request another
judge or a judge who has retired deleted text beginas provided in section 490.12,
subdivision 2,deleted text endto act in the judge's stead in the matter.
new text begin
Minnesota Statutes 2004, sections 3A.01, subdivisions
3, 4, 6a, and 7; 3A.02, subdivision 2; 3A.04, subdivision 1a;
and 3A.09, are repealed.
new text end
new text begin
Minnesota Statutes 2004, sections
352C.01; 352C.011; 352C.021; 352C.031; 352C.033; 352C.04;
352C.051; 352C.09; and 352C.091, subdivisions 2 and 3, are
repealed.
new text end
new text begin
Minnesota Statutes 2004, sections 490.021; 490.025;
490.101; 490.102; 490.103; 490.105; 490.106; 490.107; 490.108;
490.109; 490.1091; 490.12; 490.121, subdivisions 2, 3, 5, 8, 9,
10, 11, 12, 16, 17, 18, 19, and 20; 490.124, subdivision 6; and
490.132, are repealed.
new text end
new text begin
Minnesota
Statutes 2004, sections 490.15, 490.16, and 490.18, are repealed.
new text end
new text begin
Sections 32 to 76 are not
intended to reduce or increase the entitlement of active,
deferred, or retired judges to retirement annuities or benefits
as of July 1, 2005, as reflected in the records of the Minnesota
State Retirement System. If the executive director of the
Minnesota State Retirement System determines that any provisions
of sections 32 to 76 functions to modify, impair, or diminish
the retirement annuity or benefit entitlement of any judge that
had accrued or earned before July 1, 2005, the executive
director shall certify that determination and a recommendation
as to the required legislative correction to the chair of the
Legislative Commission on Pensions and Retirement, the chair of
the senate State and Local Governmental Operations Committee,
the chair of the house Governmental Operations and Veterans
Affairs Policy Committee, and the executive director of the
Legislative Commission on Pensions and Retirement on or before
the October 1 next following that determination.
new text end
new text begin
(a) In Minnesota Statutes, chapters 352, 352D, 355, 356,
and 487, the revisor of statutes shall change references to
"sections 490.121 to 490.132" to "chapter 490."
new text end
new text begin
(b) In Minnesota Statutes, chapter 490, the revisor of
statutes shall change references to "sections 490.121 to
490.132" to "this chapter."
new text end
new text begin
(c) In Minnesota Statutes, sections 175A.01, subdivision 4,
and 271.01, subdivision 1, the revisor of statutes shall change
references to "sections 490.15 and 490.16" to "sections 490A.01
and 490A.02."
new text end
new text begin
This article is effective July 1, 2005.
new text end
Minnesota Statutes 2004, section 352.01, is
amended by adding a subdivision to read:
new text begin
(a) "Average salary" means
the average of the highest five successive years of salary upon
which the employee has made contributions to the retirement fund
by payroll deductions. Average salary must be based upon all
allowable service if this service is less than five years.
new text end
new text begin
(b) "Average salary" does not include the payment of
accrued unused annual leave or overtime paid at time of final
separation from state service if paid in a lump sum nor does it
include the reduced salary, if any, paid during the period the
employee is entitled to workers' compensation benefit payments
for temporary disability.
new text end
new text begin
(c) For an employee covered by the correctional state
employees retirement plan, "average salary" means the average of
the monthly salary during the employee's highest five successive
years of salary as an employee covered by the general state
employees retirement plan, or the correctional state employees
retirement plan, or by a combination of the two. If the total
of the covered service is less than five years, the
determination of average salary must be based on all allowable
service.
new text end
Minnesota Statutes 2004, section 352.115,
subdivision 2, is amended to read:
The
retirement annuity hereunder payable at normal retirement age or
thereafter must be computed in accordance with the applicable
provisions of the formula stated in subdivision 3, on the basis
of the employee's average salary for the period of allowable
service. This retirement annuity is known as the "normal"
retirement annuity.
deleted text begin
For each year of allowable service, "average salary" of an
employee in determining a retirement annuity means the average
of the highest five successive years of salary upon which the
employee has made contributions to the retirement fund by
payroll deductions. Average salary must be based upon all
allowable service if this service is less than five years.
deleted text end
deleted text begin
"Average salary" does not include the payment of accrued
unused annual leave or overtime paid at time of final separation
from state service if paid in a lump sum nor does it include the
reduced salary, if any, paid during the period the employee is
entitled to workers' compensation benefit payments for temporary
disability.
deleted text end
Minnesota Statutes 2004, section 352.115,
subdivision 3, is amended to read:
(a) This paragraph,
in conjunction with section 352.116, subdivision 1, applies to a
person who became a covered employee or a member of a pension
fund listed in section 356.30, subdivision 3, before July 1,
1989, unless paragraph (b), in conjunction with section 352.116,
subdivision 1a, produces a higher annuity amount, in which case
paragraph (b) will apply. The employee's average salary, as
defined in new text beginsection 352.01,new text endsubdivision deleted text begin2 deleted text endnew text begin14anew text end, multiplied by the
percent specified in section 356.315, subdivision 1, per year of
allowable service for the first ten years and the percent
specified in section 356.315, subdivision 2, for each later year
of allowable service and pro rata for completed months less than
a full year shall determine the amount of the retirement annuity
to which the employee is entitled.
(b) This paragraph applies to a person who has become at
least 55 years old and first became a covered employee after
June 30, 1989, and to any other covered employee who has become
at least 55 years old and whose annuity amount, when calculated
under this paragraph and in conjunction with section 352.116,
subdivision 1a, is higher than it is when calculated under
paragraph (a), in conjunction with section 352.116, subdivision
1. The employee's average salary, as defined in new text beginsection 352.01,
new text end
subdivision deleted text begin2 deleted text endnew text begin14anew text end, multiplied by the percent specified in
section 356.315, subdivision 2, for each year of allowable
service and pro rata for months less than a full year shall
determine the amount of the retirement annuity to which the
employee is entitled.
Minnesota Statutes 2004, section 352.87,
subdivision 3, is amended to read:
A person specified
in subdivision 1 deleted text beginwill have deleted text endnew text beginis entitled to receive new text enda retirement
annuity applicable for allowable service credit under this
section calculated by multiplying the employee's average salary,
as defined in section deleted text begin352.115 deleted text endnew text begin352.01new text end, subdivision deleted text begin2 deleted text endnew text begin14anew text end, by the
percent specified in section 356.315, subdivision 2a, for each
year or portions of a year of allowable service credit. No
reduction for retirement deleted text beginprior to deleted text endnew text beginbefore the new text endnormal retirement
age, as specified in section 352.01, subdivision 25, applies to
service to which this section applies.
Minnesota Statutes 2004, section 352.93,
subdivision 1, is amended to read:
After
separation from state service, an employee covered under section
352.91 who has reached age 55 years and has credit for at least
three years of covered correctional service new text beginor a combination of
covered correctional service new text endand deleted text beginregular Minnesota deleted text endnew text begingeneral
employees new text endstate retirement deleted text beginSystem deleted text endnew text beginplan new text endservice is entitled upon
application to a retirement annuity under this sectionnew text begin,new text endbased
only on covered correctional employees' service. Application
may be made no earlier than 60 days before the date the employee
is eligible to retire by reason of both age and service
requirements.
deleted text begin
In this section, "average salary" means the average of the
monthly salary during the employee's highest five successive
years of salary as an employee covered by the Minnesota State
Retirement System. Average salary must be based upon all
allowable service if this service is less than five years.
deleted text end
Minnesota Statutes 2004, section 352C.021, is
amended by adding a subdivision to read:
new text begin
"Average salary," for purposes
of calculating the normal retirement annuity under section
352C.031, subdivision 4, means the average of the highest five
successive years of salary upon which contributions have been
made under section 352C.09.
new text end
Minnesota Statutes 2004, section 353.01,
subdivision 10, is amended to read:
(a) new text beginSubject to the limitations of
section 356.611,new text end"salary" means:
(1) the periodic compensation of a public employee, before
deductions for deferred compensation, supplemental retirement
plans, or other voluntary salary reduction programs, and also
means "wages" and includes net income from fees;
new text begin
(2) for a public employee who is covered by a supplemental
retirement plan under section 356.24, subdivision 1, clause (8),
(9), or (10), which require all plan contributions be made by
the employer, the contribution to the applicable supplemental
retirement plan when the contribution is from mandatory
withholdings from employees' wages;new text endand
deleted text begin
(2) deleted text endnew text begin(3) new text endfor a public employee who has prior service covered
by a local police or firefighters relief association that has
consolidated with the Public Employees Retirement Association or
to which section 353.665 applies and who has elected coverage
either under the public employees police and fire fund benefit
plan under section 353A.08 following the consolidation or under
section 353.665, subdivision 4, the rate of salary upon which
member contributions to the special fund of the relief
association were made prior to the effective date of the
consolidation as specified by law and by bylaw provisions
governing the relief association on the date of the initiation
of the consolidation procedure and the actual periodic
compensation of the public employee after the effective date of
consolidation.
(b) Salary does not mean:
(1) the fees paid to district court reporters, unused
annual vacation or sick leave payments, in lump-sum or periodic
payments, severance payments, reimbursement of expenses,
lump-sum settlements not attached to a specific earnings period,
or workers' compensation payments;
(2) employer-paid amounts used by an employee toward the
cost of insurance coverage, employer-paid fringe benefits,
flexible spending accounts, cafeteria plans, health care expense
accounts, day care expenses, or any payments in lieu of any
employer-paid group insurance coverage, including the difference
between single and family rates that may be paid to a member
with single coverage and certain amounts determined by the
executive director to be ineligible;
(3) the amount equal to that which the employing
governmental subdivision would otherwise pay toward single or
family insurance coverage for a covered employee when, through a
contract or agreement with some but not all employees, the
employer:
(i) discontinues, or for new hires does not provide,
payment toward the cost of the employee's selected insurance
coverages under a group plan offered by the employer;
(ii) makes the employee solely responsible for all
contributions toward the cost of the employee's selected
insurance coverages under a group plan offered by the employer,
including any amount the employer makes toward other employees'
selected insurance coverages under a group plan offered by the
employer; and
(iii) provides increased salary rates for employees who do
not have any employer-paid group insurance coverages;
(4) except as provided in section 353.86 or 353.87,
compensation of any kind paid to volunteer ambulance service
personnel or volunteer firefighters, as defined in subdivision
35 or 36; and
(5) the amount of compensation that exceeds the limitation
provided in section 356.611.
(c) Amounts provided to an employee by the employer through
a grievance proceeding or a legal settlement are salary only if
the settlement is reviewed by the executive director and the
amounts are determined by the executive director to be
consistent with paragraph (a) and prior determinations.
Minnesota Statutes 2004, section 353.01, is
amended by adding a subdivision to read:
new text begin
(a) "Average salary," for
purposes of calculating a retirement annuity under section
353.29, subdivision 3, means an amount equivalent to the average
of the highest salary of the member, police officer, or
firefighter, whichever applies, upon which employee
contributions were paid for any five successive years of
allowable service, based on dates of salary periods as listed on
salary deduction reports. Average salary must be based upon all
allowable service if this service is less than five years.
new text end
new text begin
(b) "Average salary" may not include any reduced salary
paid during a period in which the employee is entitled to
benefit payments from workers' compensation for temporary
disability, unless the average salary is higher, including this
period.
new text end
Minnesota Statutes 2004, section 353.29,
subdivision 3, is amended to read:
(a) This paragraph,
in conjunction with section 353.30, subdivisions 1, 1a, 1b, and
1c, applies to any member who first became a public employee or
a member of a pension fund listed in section 356.30, subdivision
3, before July 1, 1989, unless paragraph (b), in conjunction
with section 353.30, subdivision 5, produces a higher annuity
amount, in which case paragraph (b) will apply. The average
salary as defined in new text beginsection 353.01,new text endsubdivision deleted text begin2 deleted text endnew text begin17anew text end,
multiplied by the percent specified in section 356.315,
subdivision 3, for each year of allowable service for the first
ten years and thereafter by the percent specified in section
356.315, subdivision 4, per year of allowable service and
completed months less than a full year for the "basic member,"
and the percent specified in section 356.315, subdivision 1, for
each year of allowable service for the first ten years and
thereafter by the percent specified in section 356.315,
subdivision 2, per year of allowable service and completed
months less than a full year for the "coordinated member," shall
determine the amount of the "normal" retirement annuity.
(b) This paragraph applies to a member who has become at
least 55 years old and first became a public employee after June
30, 1989, and to any other member whose annuity amount, when
calculated under this paragraph and in conjunction with section
353.30, subdivision 5, is higher than it is when calculated
under paragraph (a), in conjunction with section 353.30,
subdivisions 1, 1a, 1b, and 1c. The average salary, as defined
in new text beginsection 353.01,new text endsubdivision deleted text begin2 deleted text endnew text begin17anew text end, multiplied by the percent
specified in section 356.315, subdivision 4, for each year of
allowable service and completed months less than a full year for
a basic member and the percent specified in section 356.315,
subdivision 2, per year of allowable service and completed
months less than a full year for a coordinated member, shall
determine the amount of the normal retirement annuity.
Minnesota Statutes 2004, section 353.33,
subdivision 3, is amended to read:
This disability
benefit is an amount equal to the normal annuity payable to a
member who has reached normal retirement age with the same
number of years of allowable service and the same average
salary, as provided in new text beginsection 353.01, subdivision 17a, and
new text end
section 353.29, deleted text beginsubdivisions 2 and deleted text endnew text beginsubdivision new text end3.
A basic member shall receive a supplementary monthly
benefit of $25 to age 65 or the five-year anniversary of the
effective date of the disability benefit, whichever is later.
If the disability benefits under this subdivision exceed
the average salary as defined in section deleted text begin353.29 deleted text endnew text begin353.01new text end,
subdivision deleted text begin2 deleted text endnew text begin17anew text end, the disability benefits must be reduced to an
amount equal to deleted text beginsaid deleted text endnew text beginthe new text endaverage salary.
Minnesota Statutes 2004, section 353.651,
subdivision 3, is amended to read:
The average salary
as defined in new text beginsection 353.01,new text endsubdivision deleted text begin2 deleted text endnew text begin17anew text end, multiplied by
the percent specified in section 356.315, subdivision 6, per
year of allowable service determines the amount of the normal
retirement annuity. If the member has earned allowable service
for performing services other than those of a police officer or
firefighter, the annuity representing deleted text beginsuch deleted text endnew text beginthat new text endservice deleted text beginis deleted text endnew text beginmust
be new text endcomputed under sections 353.29 and 353.30.
Minnesota Statutes 2004, section 353.656,
subdivision 1, is amended to read:
A member of the police and fire plan who becomes disabled and
physically unfit to perform duties as a police officer,
firefighter, or paramedic as defined under section 353.64,
subdivision 10, as a direct result of an injury, sickness, or
other disability incurred in or arising out of any act of duty,
which has or is expected to render the member physically or
mentally unable to perform the duties as a police officer,
firefighter, or paramedic as defined under section 353.64,
subdivision 10, for a period of at least one year, shall receive
disability benefits during the period of such disability. The
benefits must be in an amount equal to 60 percent of the
"average salary" as defined in section deleted text begin353.651 deleted text endnew text begin353.01new text end,
subdivision deleted text begin2 deleted text endnew text begin17anew text end, plus an additional percent specified in
section 356.315, subdivision 6, of that average salary for each
year of service in excess of 20 years. If the disability under
this subdivision occurs before the member has at least five
years of allowable service credit in the police and fire plan,
the disability benefit must be computed on the "average salary"
from which deductions were made for contribution to the police
and fire fund.
Minnesota Statutes 2004, section 354.05, is
amended by adding a subdivision to read:
new text begin
(a) "Average salary," for the
purpose of determining the member's retirement annuity, means
the average salary upon which contributions were made for the
highest five successive years of formula service credit.
new text end
new text begin
(b) "Average salary" may not include any more than the
equivalent of 60 monthly salary payments.
new text end
new text begin
(c) "Average salary" must be based upon all years of
formula service credit if this service credit is less than five
years.
new text end
Minnesota Statutes 2004, section 354.44,
subdivision 6, is amended to read:
(a) The formula retirement annuity must be computed in
accordance with the applicable provisions of the formulas stated
in paragraph (b) or (d) on the basis of each member's average
salary new text beginunder section 354.05, subdivision 13a,new text endfor the period of
the member's formula service credit.
deleted text begin
For all years of formula service credit, "average salary,"
for the purpose of determining the member's retirement annuity,
means the average salary upon which contributions were made and
upon which payments were made to increase the salary limitation
provided in Minnesota Statutes 1971, section 354.511, for the
highest five successive years of formula service credit
provided, however, that such "average salary" shall not include
any more than the equivalent of 60 monthly salary payments.
Average salary must be based upon all years of formula service
credit if this service credit is less than five years.
deleted text end
(b) This paragraph, in conjunction with paragraph (c),
applies to a person who first became a member of the association
or a member of a pension fund listed in section 356.30,
subdivision 3, before July 1, 1989, unless paragraph (d), in
conjunction with paragraph (e), produces a higher annuity
amount, in which case paragraph (d) applies. The average salary
as defined in deleted text beginparagraph (a) deleted text endnew text beginsection 354.05, subdivision 13anew text end,
multiplied by the following percentages per year of formula
service credit shall determine the amount of the annuity to
which the member qualifying therefor is entitled:
Coordinated Member Basic Member
Each year of service the percent the percent
during first ten specified in specified in
section 356.315, section 356.315,
subdivision 1, subdivision 3,
per year per year
Each year of service the percent the percent
thereafter specified in specified in
section 356.315, section 356.315,
subdivision 2, subdivision 4,
per year per year
(c)(i) This paragraph applies only to a person who first
became a member of the association or a member of a pension fund
listed in section 356.30, subdivision 3, before July 1, 1989,
and whose annuity is higher when calculated under paragraph (b),
in conjunction with this paragraph than when calculated under
paragraph (d), in conjunction with paragraph (e).
(ii) Where any member retires prior to normal retirement
age under a formula annuity, the member shall be paid a
retirement annuity in an amount equal to the normal annuity
provided in paragraph (b) reduced by one-quarter of one percent
for each month that the member is under normal retirement age at
the time of retirement except that for any member who has 30 or
more years of allowable service credit, the reduction shall be
applied only for each month that the member is under age 62.
(iii) Any member whose attained age plus credited allowable
service totals 90 years is entitled, upon application, to a
retirement annuity in an amount equal to the normal annuity
provided in paragraph (b), without any reduction by reason of
early retirement.
(d) This paragraph applies to a member who has become at
least 55 years old and first became a member of the association
after June 30, 1989, and to any other member who has become at
least 55 years old and whose annuity amount when calculated
under this paragraph and in conjunction with paragraph (e), is
higher than it is when calculated under paragraph (b), in
conjunction with paragraph (c). The average salary, as defined
in deleted text beginparagraph (a) deleted text endnew text beginsection 354.05, subdivision 13a,new text endmultiplied by
the percent specified by section 356.315, subdivision 4, for
each year of service for a basic member and by the percent
specified in section 356.315, subdivision 2, for each year of
service for a coordinated member shall determine the amount of
the retirement annuity to which the member is entitled.
(e) This paragraph applies to a person who has become at
least 55 years old and first becomes a member of the association
after June 30, 1989, and to any other member who has become at
least 55 years old and whose annuity is higher when calculated
under paragraph (d) in conjunction with this paragraph than when
calculated under paragraph (b), in conjunction with paragraph
(c). An employee who retires under the formula annuity before
the normal retirement age shall be paid the normal annuity
provided in paragraph (d) reduced so that the reduced annuity is
the actuarial equivalent of the annuity that would be payable to
the employee if the employee deferred receipt of the annuity and
the annuity amount were augmented at an annual rate of three
percent compounded annually from the day the annuity begins to
accrue until the normal retirement age.
(f) No retirement annuity is payable to a former employee
with a salary that exceeds 95 percent of the governor's salary
unless and until the salary figures used in computing the
highest five successive years average salary under paragraph (a)
have been audited by the Teachers Retirement Association and
determined by the executive director to comply with the
requirements and limitations of section 354.05, subdivisions 35
and 35a.
Minnesota Statutes 2004, section 354A.011, is
amended by adding a subdivision to read:
new text begin
"Average salary," for purposes
of computing a normal coordinated program retirement annuity
under section 354A.31, subdivision 4 or 4a, means an amount
equal to the average salary upon which contributions were made
for the highest five successive years of service credit but may
not, in any event, include any more than the equivalent of 60
monthly salary payments. Average salary must be based upon all
years of service credit if this service credit is less than five
years.
new text end
Minnesota Statutes 2004, section 354A.31,
subdivision 4, is amended to read:
(a) This subdivision
applies to the coordinated programs of the Minneapolis Teachers
Retirement Fund Association and the St. Paul Teachers Retirement
Fund Association.
(b) The normal coordinated retirement annuity deleted text beginshall be deleted text endnew text beginis
new text end
an amount equal to a retiring coordinated member's average
salary new text beginunder section 354A.011, subdivision 7a,new text endmultiplied by the
retirement annuity formula percentage. deleted text beginAverage salary for
purposes of this section shall mean an amount equal to the
average salary upon which contributions were made for the
highest five successive years of service credit, but which shall
not in any event include any more than the equivalent of 60
monthly salary payments. Average salary must be based upon all
years of service credit if this service credit is less than five
years.
deleted text end
(c) This paragraph, in conjunction with subdivision 6,
applies to a person who first became a member or a member in a
pension fund listed in section 356.30, subdivision 3, before
July 1, 1989, unless paragraph (d), in conjunction with
subdivision 7, produces a higher annuity amount, in which case
paragraph (d) will apply. The retirement annuity formula
percentage for purposes of this paragraph is the percent
specified in section 356.315, subdivision 1, per year for each
year of coordinated service for the first ten years and the
percent specified in section 356.315, subdivision 2, for each
year of coordinated service thereafter.
(d) This paragraph applies to a person who has become at
least 55 years old and who first becomes a member after June 30,
1989, and to any other member who has become at least 55 years
old and whose annuity amount, when calculated under this
paragraph and in conjunction with subdivision 7 is higher than
it is when calculated under paragraph (c), in conjunction with
the provisions of subdivision 6. The retirement annuity formula
percentage for purposes of this paragraph is the percent
specified in section 356.315, subdivision 2, for each year of
coordinated service.
Minnesota Statutes 2004, section 354A.31,
subdivision 4a, is amended to read:
(a) This subdivision applies
to the new law coordinated program of the Duluth Teachers
Retirement Fund Association.
(b) The normal coordinated retirement annuity is an amount
equal to a retiring coordinated member's average salary new text beginunder
section 354A.011, subdivision 7a,new text endmultiplied by the retirement
annuity formula percentage. deleted text beginAverage salary for purposes of this
section means an amount equal to the average salary upon which
contributions were made for the highest five successive years of
service credit, but may not in any event include any more than
the equivalent of 60 monthly salary payments. Average salary
must be based upon all years of service credit if this service
credit is less than five years.
deleted text end
(c) This paragraph, in conjunction with subdivision 6,
applies to a person who first became a member or a member in a
pension fund listed in section 356.30, subdivision 3, before
July 1, 1989, unless paragraph (d), in conjunction with
subdivision 7, produces a higher annuity amount, in which case
paragraph (d) applies. The retirement annuity formula
percentage for purposes of this paragraph is the percent
specified in section 356.315, subdivision 1, per year for each
year of coordinated service for the first ten years and the
percent specified in section 356.315, subdivision 2, for each
subsequent year of coordinated service.
(d) This paragraph applies to a person who is at least 55
years old and who first becomes a member after June 30, 1989,
and to any other member who is at least 55 years old and whose
annuity amount, when calculated under this paragraph and in
conjunction with subdivision 7, is higher than it is when
calculated under paragraph (c) in conjunction with subdivision
6. The retirement annuity formula percentage for purposes of
this paragraph is the percent specified in section 356.315,
subdivision 2, for each year of coordinated service.
Minnesota Statutes 2004, section 422A.01, is
amended by adding a subdivision to read:
new text begin
(a) "Average salary" means the
arithmetic average annual salary, wages, or compensation of the
member from the city for any five calendar years out of the last
ten calendar years of service, except as provided for in section
422A.16, which may include the year in which the employee
retires, as selected by the employee.
new text end
new text begin
(b) A member with more than five calendar years of service,
but less than ten calendar years, may select any five calendar
years of service to determine the average salary. A member with
less than five years of service with the city shall use all
earnings to determine the average salary.
new text end
Minnesota Statutes 2004, section 422A.15,
subdivision 1, is amended to read:
Except as
otherwise provided in subdivision 3, each contributing member
who, at the time of retirement, fulfills the conditions
necessary to enable the member to retiredeleted text begin, shall deleted text endnew text beginis entitled to
new text end
receive deleted text beginwhat shall be known as deleted text enda "formula pension and annuity"
equal to two percent for each year of allowable service for the
first ten years and thereafter 2.5 percent per year of allowable
service of the deleted text beginarithmetic deleted text endaverage deleted text beginannual deleted text endsalarydeleted text begin, wages or
compensation of the member from the city for any five calendar
years out of the last ten calendar years of service except as
provided for in section 422A.16, which may include the year in
which the employee retires, as selected by the employeedeleted text end,
multiplied by the years of service credited by the retirement
fund. The formula pension and annuity deleted text beginshall deleted text endnew text beginmust new text endbe computed on
the single life plan but subject to the option selections
provided for in section 422A.17.
In order to be entitled to the formula pension and annuity
herein provided for, the retiring employee at the time of
cessation of employment and of actual retirement deleted text beginshall deleted text endnew text beginmust new text endhave
attained the age of 60 years or have been employed by the city
not less than 30 years, or meet the qualifications provided for
in section 422A.16, and in addition thereto have contributed to
the retirement fund at the percentage rate prescribed by the
retirement law applicable when the salary, wages or compensation
was paid on all salaries, wages, or compensation received from
the city or from an applicable employing unit. The years of
service to be applied in the formula pension and annuity deleted text beginshall
deleted text endnew text begin
must new text endbe found and determined by the retirement board, except
that no credit deleted text beginshall deleted text endnew text beginmay new text endbe allowed for any year in which a back
charge is owing at time of retirement and the earnings from any
year in which a back charge is owing deleted text beginshall deleted text endnew text beginmay new text endnot be used in
determining the average deleted text beginannual deleted text endsalary.
Minnesota Statutes 2004, section 422A.16,
subdivision 9, is amended to read:
Any member of
the contributing class who becomes permanently separated from
the service of the city under subdivision 8, may, by an
instrument in writing, filed with the municipal employees
retirement board within 30 days after deleted text beginsuch deleted text endnew text beginthe new text endseparation
becomes permanent, elect to allow the member contributions
to deleted text beginsuch deleted text endnew text beginthe new text endfund to the date of separation to remain on deposit
in deleted text beginsuch deleted text endnew text beginthe new text endfund, and in deleted text beginsuch deleted text endnew text beginthe new text endevent the member deleted text beginshall be
deleted text endnew text begin
is new text endentitled to receive a retirement allowance at age 65,
provided the member, or someone acting in the member's behalf if
the member be incompetent, deleted text beginshall deleted text endnew text beginmust new text endmake new text begina new text endwritten application
for deleted text beginsuch deleted text endnew text beginthe new text endretirement allowance in the same manner provided
for in section 422A.17 and in accordance with the provisions of
section 422A.15, subdivision 1new text begin,new text endexcept for determining
average deleted text beginannual deleted text endsalary. deleted text beginA member with more than five calendar
years of service but less than ten calendar years may select any
five calendar years of service to determine the average annual
salary. A member with less than five years of service with the
city shall use all earnings to determine the average annual
salary.
deleted text end
If the contributing member dies before reaching the age of
65 years, or having attained the age of 65 years without having
made the election provided for herein, the net accumulated
amount of deductions from the member's salary, pay or
compensation, plus interest, to the member's credit on date of
death deleted text beginshall be paid deleted text endnew text beginis payable new text endto deleted text beginsuch deleted text endnew text beginthe new text endperson or persons as
have been nominated by written designation filed with the
retirement board, in deleted text beginsuch deleted text endnew text beginthe new text endform deleted text beginas deleted text endnew text beginthat new text endthe retirement board
deleted text begin
shall require deleted text endnew text beginrequiresnew text end.
If the employee fails to make a designation, or if the
person or persons designated by deleted text beginsuch deleted text endnew text beginthe new text endemployee predeceases
deleted text begin
such deleted text endnew text beginthe new text endemployee, the net accumulated credit to deleted text beginsuch deleted text endnew text beginthe
new text end
employee's account on date of death deleted text beginshall be paid deleted text endnew text beginis payable new text endto
deleted text begin
such deleted text endnew text beginthe new text endemployee's estate.
The provisions of subdivisions 4, 5new text begin,new text endand 6 deleted text beginshall deleted text endalso apply
to any member qualifying for benefits under this subdivision,
except for purposes of this subdivision the age referred to in
subdivision 4 deleted text beginshall be deleted text endnew text beginis new text end65 years.
Minnesota Statutes 2004, section 490.121,
subdivision 21, is amended to read:
"Final average
compensation" means the total amount of salary payable to a
judge in the highest five years new text beginout new text endof the last ten years deleted text beginprior
to deleted text endnew text beginbefore new text endthe deleted text beginevent of maturity of benefits deleted text endnew text begintermination of
judicial servicenew text end, divided by fivedeleted text begin; provided, however, that deleted text endif
the number of years of service new text beginby the judge equals or exceeds
ten. If the number of years of service by the judge new text endis less
than ten, new text beginbut more than five,new text endthe highest five deleted text beginshall deleted text endnew text beginyears of
salary must new text endbe counteddeleted text begin, and deleted text endnew text begin.new text endIf the number of years new text beginof service
by the judge new text endis less than five, the aggregate salary deleted text beginin such deleted text endnew text beginfor
the new text endperiod deleted text beginshall deleted text endnew text beginof service must new text endbe divided by the number of
months in deleted text beginsuch deleted text endnew text beginthe new text endperiod and multiplied by 12.
new text begin
Minnesota Statutes 2004, sections 352C.031, subdivision 3;
353.29, subdivision 2; and 353.651, subdivision 2, are repealed.
new text end
new text begin
This article is effective the day following final enactment.
new text end
new text begin
This section applies to
all defined benefit plans specified in section 356.30,
subdivision 3.
new text end
new text begin
(a) An
employee covered by a plan specified in subdivision 1 may
purchase allowable service credit in the applicable plan for any
period of time during which the employee was on a public
employee strike without pay, not to exceed a period of one year,
if the employee makes a payment in lieu of salary deductions as
specified in paragraph (b) or (c), whichever applies. The
employing unit, at its option, may pay the employer portion of
the amount specified in paragraph (b) on behalf of its employees.
new text end
new text begin
(b) If payment is received by the applicable pension plan
executive director within one year from the end of the strike,
the payment amount is equal to the applicable employee and
employer contribution rates specified in law for the applicable
plan during the strike period, applied to the employee's rate of
salary in effect at the conclusion of the strike for the period
of the strike without pay, plus compound interest at a monthly
rate of 0.71 percent from the last day of the strike period
until the date payment is received.
new text end
new text begin
(c) If payment is received by the applicable pension fund
director after one year and before five years from the end of
the strike, the payment amount is the amount determined under
section 356.551.
new text end
new text begin
(d) Payments may not be made more than five years after the
end of the strike.
new text end
Minnesota Statutes 2004, section 490.121,
subdivision 4, is amended to read:
new text begin(a) new text end"Allowable service"
means any calendar month, subject to the service credit limit in
subdivision 22, served as a judge at any time, or served as a
referee in probate for all referees in probate who were in
office prior to January 1, 1974.
new text begin
(b) "Allowable service" also means a period of authorized
leave of absence for which the judge has made a payment in lieu
of contributions, not in an amount in excess of the service
credit limit under subdivision 22. To obtain the service
credit, the judge shall pay an amount equal to the normal cost
of the judges retirement plan on the date of return from the
leave of absence, as determined in the most recent actuarial
report for the plan filed with the Legislative Commission on
Pensions and Retirement, multiplied by the judge's average
monthly salary rate during the authorized leave of absence and
multiplied by the number of months of the authorized leave of
absence, plus annual compound interest at the rate of 8.5
percent from the date of the termination of the leave to the
date on which payment is made. The payment must be made within
one year of the date on which the authorized leave of absence
terminated. Service credit for an authorized leave of absence
is in addition to a uniformed service leave under section
490.1211.
new text end
Laws 1999, chapter 222, article 16, section 16, as
amended by Laws 2002, chapter 392, article 7, section 1, and
Laws 2003, First Special Session chapter 12, article 6, section
2, and Laws 2004, chapter 267, article 17, section 6, is amended
to read:
(a) Sections 2 to 6 and 8 to 13 are repealed on May 16,
2004.
(b) Sections 1 and 7 are repealed on May 16, deleted text begin2006 deleted text endnew text begin2007new text end.
Laws 2000, chapter 461, article 4, section 4, as
amended by Laws 2003, First Special Session chapter 12, article
6, section 3, and Laws 2004, chapter 267, article 17, section 7,
is amended to read:
(a) Sections 1, 2, and 3 are effective deleted text beginon deleted text endthe day following
final enactment.
(b) Sections 1, 2, and 3, are repealed deleted text beginon deleted text endMay 16, deleted text begin2006 deleted text endnew text begin2007new text end.
new text begin
Notwithstanding the payment deadline specified in Minnesota
Statutes, section 356.195, subdivision 2, paragraph (b), a Metro
Transit employee covered by the general state employees
retirement plan of the Minnesota State Retirement System who was
on strike on or after January 1, 2004, and before the effective
date of this section, is authorized to make a payment under that
paragraph on or before one year after the effective date of this
section.
new text end
new text begin
Notwithstanding the payment deadline specified in Minnesota
Statutes, section 356.195, subdivision 2, paragraph (b), a
Crosby-Ironton public school teacher covered by the Teachers
Retirement Association who was on strike during a period that
included April 1, 2005, and before the effective date of this
section, is authorized to make a payment under that paragraph on
or before one year after the effective date of this section.
new text end
new text begin
Notwithstanding the payment deadline specified in Minnesota
Statutes, section 356.195, subdivision 2, paragraph (b), a
University of Minnesota employee covered by the Minnesota State
Retirement System who was on strike on or after October 21,
2003, and before the effective date of this section, is
authorized to make a payment under that paragraph on or before
one year after the effective date of this section.
new text end
new text begin
(a) Sections 1 and 3 to 7 are effective the day following
final enactment.
new text end
new text begin
(b) Section 2 is effective retroactively from January 1,
2005, and applies to any person who was in active service as a
judge on or after that date and applies to an authorized leave
of absence that occurred before or after that date. For a
person for whom section 2 is retroactive, the equivalent
contribution payment must be made on or before July 1, 2006.
new text end
Minnesota Statutes 2004, section 352.01,
subdivision 12, is amended to read:
"Actuarial equivalent"
means the condition of one annuity or benefit having an equal
actuarial present value as another annuity or benefit,
determined as of a given date at a specified age with each
actuarial present value based on the appropriate mortality table
adopted by the board of directors based on the experience of the
fund as recommended by the actuary retained deleted text beginby the Legislative
Commission on Pensions and Retirement deleted text endnew text beginunder section 356.214, and
approved under section 356.215, subdivision 18,new text endand using the
applicable preretirement or postretirement interest rate
assumption specified in section 356.215, subdivision 8.
Minnesota Statutes 2004, section 353.01,
subdivision 14, is amended to read:
"Actuarial equivalent"
means the condition of one annuity or benefit having an equal
actuarial present value as another annuity or benefit,
determined as of a given date with each actuarial present value
based on the appropriate mortality table adopted by the board of
trustees based on the experience of the fund as recommended by
the actuary retained deleted text beginby the Legislative Commission on Pensions
and Retirement deleted text endnew text beginunder section 356.214, and approved under section
356.215, subdivision 18,new text endand using the applicable preretirement
or postretirement interest rate assumption specified in section
356.215, subdivision 8.
Minnesota Statutes 2004, section 354.05,
subdivision 7, is amended to read:
"Actuarial equivalent"
means the condition of one annuity or benefit having an equal
actuarial present value as another annuity or benefit,
determined as of a given date with each actuarial present value
based on the appropriate mortality table adopted by the board of
trustees based on the experience of the association as
recommended by the actuary retained deleted text beginby the Legislative
Commission on Pensions and Retirement deleted text endnew text beginunder section 356.214, and
approved under section 356.215, subdivision 18,new text endand using the
applicable preretirement or postretirement interest rate
assumption specified in section 356.215, subdivision 8.
Minnesota Statutes 2004, section 354.094,
subdivision 1, is amended to read:
new text begin(a) new text endUpon
granting any extended leave of absence under section 122A.46 or
136F.43, the employing unit granting the leave must certify the
leave to the association on a form specified by the executive
director. A member granted an extended leave of absence under
section 122A.46 or 136F.43 may pay employee contributions and
receive allowable service credit toward annuities and other
benefits under this chapter, for each year of the leave,
provided that the member and the employing board make the
required employer contribution in any proportion they may agree
upon, during the period of the leave. The employer may enter
into an agreement with the exclusive bargaining representative
of the teachers in the district under which, for an individual
teacher, all or a portion of the employee's contribution is paid
by the employer. Any such agreement must include a sunset of
eligibility to qualify for the payment and must not be a part of
the collective bargaining agreement. The leave period must not
exceed five years. A member may not receive more than five
years of allowable service credit under this section. The
employee and employer contributions must be based upon the rates
of contribution prescribed by section 354.42 for the salary
received during the year immediately preceding the extended
leave.
new text begin
(b) Employee contribution new text endpayments for the years for which
a member is receiving service credit while on extended leave
must be made on or before deleted text beginthe later of deleted text endJune 30 of each fiscal
year for which service credit is new text beginto be new text endreceived deleted text beginor within 30
days after first notification of the amount due, if requested by
the member, is given by the associationdeleted text end. new text beginIf payment is to be
made by a transfer of pretax assets authorized under section
356.441, payment is authorized after June 30 of the fiscal year
providing that authorization for the asset transfer has been
received by the applicable third party administrator by June 30,
and the payment must include interest at a rate of .708 percent
per month from June 30 through the end of the month in which
payment is received.new text endNo payment is permitted after the
following September 30. deleted text beginPayments received after June 30 must
include interest at an annual rate of 8.5 percent from June 30
through the end of the month in which payment is received.
deleted text end
new text begin
(c) new text endNotwithstanding the provisions of any agreements to the
contrary, employee and employer contributions may not be made to
receive allowable service credit if the member does not have
full reinstatement rights as provided in section 122A.46 or
136F.43, both during and at the end of the extended leave.
new text begin
(d) new text endAny school district paying the employee's retirement
contributions under this section shall forward to the applicable
retirement association or retirement fund a copy of the
agreement executed by the school district and the employee.
Minnesota Statutes 2004, section 354A.011,
subdivision 3a, is amended to read:
"Actuarial equivalent"
means the condition of one annuity or benefit having an equal
actuarial present value as another annuity or benefit,
determined as of a given date with each actuarial present value
based on the appropriate mortality table adopted by the
appropriate board of trustees based on the experience of that
retirement fund association as recommended by the actuary
retained deleted text beginby the Legislative Commission on Pensions and
Retirement deleted text endnew text beginunder section 356.214, and approved under section
356.215, subdivision 18,new text endand using the applicable preretirement
or postretirement interest rate assumption specified in section
356.215, subdivision 8.
Minnesota Statutes 2004, section 356.20,
subdivision 4, is amended to read:
(a) The financial
report required by this section must contain financial
statements and disclosures that indicate the financial
operations and position of the retirement plan and fund. The
report must conform with generally accepted governmental
accounting principles, applied on a consistent basis. The
report must be audited. The report must include, as part of its
exhibits or new text beginits new text endfootnotes, an actuarial disclosure item based on
the actuarial valuation calculations prepared by the
deleted text begin
commission-retained deleted text endactuary new text beginretained under section 356.214 new text endor by
the actuary retained by the retirement fund or plan, deleted text beginif
applicable deleted text endnew text beginwhichever appliesnew text end, according to applicable actuarial
requirements enumerated in section 356.215, and specified in the
most recent standards for actuarial work adopted by the
Legislative Commission on Pensions and Retirement. The accrued
assets, the accrued liabilities, including accrued reserves, and
the unfunded actuarial accrued liability of the fund or plan
must be disclosed. The disclosure item must contain a
declaration by the actuary retained deleted text beginby the Legislative
Commission on Pensions and Retirement deleted text endnew text beginunder section 356.214 new text endor
the actuary retained by the fund or plan, whichever applies,
specifying that the required reserves for any retirement,
disability, or survivor benefits provided under a benefit
formula are computed in accordance with the entry age actuarial
cost method and new text beginin accordance new text endwith the most recent applicable
standards for actuarial work adopted by the Legislative
Commission on Pensions and Retirement.
(b) Assets of the fund or plan contained in the disclosure
item must include the following statement of the actuarial value
of current assets as defined in section 356.215, subdivision 1:
Value Value
at cost at market
Cash, cash equivalents, and
short-term securities ......... .........
Accounts receivable ......... .........
Accrued investment income ......... .........
Fixed income investments ......... .........
Equity investments other
than real estate ......... .........
Real estate investments ......... .........
Equipment ......... .........
deleted text begin
Equity deleted text endnew text beginParticipation new text endin the Minnesota
postretirement investment
fund new text beginor the retirement
new text end
new text begin
benefit fundnew text end......... .........
Other ......... .........
Total assets
Value at cost .........
Value at market .........
new text begin
Actuarial new text endvalue of current assets .........
(c) The unfunded actuarial accrued liability of the fund or
plan contained in the disclosure item must include the following
measures of unfunded actuarial accrued liability, using
the new text beginactuarial new text endvalue of current assets:
(1) new text beginthe new text endunfunded actuarial accrued liability, determined by
subtracting the current assets and the present value of future
normal costs from the total current and expected future benefit
obligations; and
(2) new text beginthe new text endunfunded pension benefit obligation, determined by
subtracting the current assets from the actuarial present value
of credited projected benefits.
If the current assets of the fund or plan exceed the
actuarial accrued liabilities, the excess must be disclosed and
indicated as a surplus.
(d) The pension benefit obligations schedule included in
the disclosure must contain the following information on the
benefit obligations:
(1) the pension benefit obligation, determined as the
actuarial present value of credited projected benefits on
account of service rendered to date, separately identified as
follows:
(i) for annuitants;
retirement annuities;
disability benefits;
surviving spouse and child benefits;
(ii) for former members without vested rights;
(iii) for deferred annuitants' benefits, including
any augmentation;
(iv) for active employees;
accumulated employee contributions,
including allocated investment income;
employer-financed benefits vested;
employer-financed benefits nonvested;
total pension benefit obligation; and
(2) if there are additional benefits not appropriately
covered by the foregoing items of benefit obligations, a
separate identification of the obligation.
(e) new text beginThe report must contain an itemized exhibit describing
the administrative expenses of the plan, including, but not
limited to, the following items, classified on a consistent
basis from year to year, and with any further meaningful detail:
new text end
new text begin
(1) personnel expenses;
new text end
new text begin
(2) communication-related expenses;
new text end
new text begin
(3) office building and maintenance expenses;
new text end
new text begin
(4) professional services fees; and
new text end
new text begin
(5) other expenses.
new text end
new text begin
(f) The report must contain an itemized exhibit describing
the investment expenses of the plan, including, but not limited
to, the following items, classified on a consistent basis from
year to year, and with any further meaningful detail:
new text end
new text begin
(1) internal investment-related expenses; and
new text end
new text begin
(2) external investment-related expenses.
new text end
new text begin
(g) new text endAny additional statements or exhibits or more detailed
or subdivided itemization of a disclosure item that will enable
the management of the fund to portray a true interpretation of
the fund's financial condition must be included in the
additional statements or exhibits.
Minnesota Statutes 2004, section 356.47,
subdivision 3, is amended to read:
(a) Upon the retired member attaining
the age of 65 years or upon the first day of the month next
following the month occurring one year after the termination of
the reemployment that gave rise to the limitation, whichever is
later, and the filing of a written application, the retired
member is entitled to the payment, in a lump sum, of the value
of the person's amount under subdivision 2, plus interest at the
compound annual rate of six percent from the date that the
amount was deducted from the retirement annuity to the date of
payment.
(b) The written application must be on a form prescribed by
the chief administrative officer of the applicable retirement
plan.
(c) If the retired member dies before the payment provided
for in paragraph (a) is made, the amount is payable, upon
written application, to the deceased person's surviving spouse,
or if none, to the deceased person's designated beneficiary, or
if none, to the deceased person's estate.
new text begin
(d) In lieu of the direct payment of the person's amount
under subdivision 2, on or after the payment date under
paragraph (a), if the federal Internal Revenue Code so permits,
the retired member may elect to have all or any portion of the
payment amount under this section paid in the form of a direct
rollover to an eligible retirement plan as defined in section
402(c) of the federal Internal Revenue Code that is specified by
the retired member. If the retired member dies with a balance
remaining payable under this section, the surviving spouse of
the retired member, or if none, the deceased person's designated
beneficiary, or if none, the administrator of the deceased
person's estate may elect a direct rollover under this paragraph.
new text end
Minnesota Statutes 2004, section 422A.01,
subdivision 6, is amended to read:
"Present worth"
or "present value" means that the present amount of money if
increased at the applicable postretirement or preretirement
interest rate assumption specified in section 356.215,
subdivision 8, and based on the mortality table adopted by the
board of trustees based on the experience of the fund as
recommended by the actuary retained deleted text beginby the Legislative
Commission on Pensions and Retirement deleted text endnew text beginunder section 356.214, and
approved under section 356.215, subdivision 18,new text endwill at
retirement equal the actuarial accrued liability of the annuity
already earned.
Minnesota Statutes 2004, section 490.121,
subdivision 20, is amended to read:
"Actuarial equivalent"
means the condition of one annuity or benefit having an equal
actuarial present value as another annuity or benefit,
determined as of a given date with each actuarial present value
based on the appropriate mortality table adopted by the board of
deleted text begin
trustees deleted text endnew text begindirectors of the Minnesota State Retirement System
new text end
based on the experience of the fund as recommended by
the deleted text begincommission-retained deleted text endactuary new text beginretained under section 356.214,
and approved under section 356.215, subdivision 18,new text endand using
the applicable preretirement or postretirement interest rate
assumption specified in section 356.215, subdivision 8.
new text begin
(a) Sections 1 to 5, 8, and 9 are effective July 1, 2005.
new text end
new text begin
(b) Section 6 is effective the day following final
enactment and applies to annual financial reporting occurring on
or after June 30, 2005.
new text end
new text begin
(c) Section 4 is effective the day following final
enactment.
new text end
new text begin
(d) Section 7 is effective July 1, 2005, and applies to
retired members with an amount in a reemployed annuitant's
account on or after that date.
new text end
Minnesota Statutes 2004, section 69.011, is
amended by adding a subdivision to read:
new text begin
A
police officer employed by the University of Minnesota who is
required by the Board of Regents to be a member of the
University of Minnesota faculty retirement plan is not eligible
to be included in any police state-aid certification under this
section.
new text end
Minnesota Statutes 2004, section 352.01,
subdivision 2a, is amended to read:
(a) "State employee"
includes:
(1) employees of the Minnesota Historical Society;
(2) employees of the State Horticultural Society;
(3) employees of the Disabled American Veterans, Department
of Minnesota, Veterans of Foreign Wars, Department of Minnesota,
if employed before July 1, 1963;
(4) employees of the Minnesota Crop Improvement
Association;
(5) employees of the adjutant general who are paid from
federal funds and who are not covered by any federal civilian
employees retirement system;
(6) employees of the Minnesota State Colleges and
Universities employed under the university or college activities
program;
(7) currently contributing employees covered by the system
who are temporarily employed by the legislature during a
legislative session or any currently contributing employee
employed for any special service as defined in subdivision 2b,
clause (8);
(8) employees of the Armory Building Commission;
(9) employees of the legislature appointed without a limit
on the duration of their employment and persons employed or
designated by the legislature or by a legislative committee or
commission or other competent authority to conduct a special
inquiry, investigation, examination, or installation;
(10) trainees who are employed on a full-time established
training program performing the duties of the classified
position for which they will be eligible to receive immediate
appointment at the completion of the training period;
(11) employees of the Minnesota Safety Council;
(12) any employees on authorized leave of absence from the
Transit Operating Division of the former Metropolitan Transit
Commission who are employed by the labor organization which is
the exclusive bargaining agent representing employees of the
Transit Operating Division;
(13) employees of the Metropolitan Council, Metropolitan
Parks and Open Space Commission, Metropolitan Sports Facilities
Commission, Metropolitan Mosquito Control Commission, or
Metropolitan Radio Board unless excluded or covered by another
public pension fund or plan under section 473.415, subdivision
3;
(14) judges of the Tax Court;
(15) personnel employed on June 30, 1992, by the University
of Minnesota in the management, operation, or maintenance of its
heating plant facilities, whose employment transfers to an
employer assuming operation of the heating plant facilities, so
long as the person is employed at the University of Minnesota
heating plant by that employer or by its successor organization;
deleted text begin
and
deleted text end
(16) seasonal help in the classified service employed by
the Department of Revenuenew text begin; and
new text end
new text begin
(17) persons employed by the Department of Commerce as a
peace officer in the Insurance Fraud Prevention Division under
section 45.0135 who have attained the mandatory retirement age
specified in section 43A.34, subdivision 4new text end.
(b) Employees specified in paragraph (a), clause (15), are
included employees under paragraph (a) if employer and employee
contributions are made in a timely manner in the amounts
required by section 352.04. Employee contributions must be
deducted from salary. Employer contributions are the sole
obligation of the employer assuming operation of the University
of Minnesota heating plant facilities or any successor
organizations to that employer.
Minnesota Statutes 2004, section 352.91, is
amended by adding a subdivision to read:
new text begin
(a)
The Department of Corrections and the Department of Human
Services must establish a procedure for evaluating periodic
requests by department employees for qualification for
recommendation by the commissioner for inclusion of the
employment position in the correctional facility or human
services facility in the correctional retirement plan and for
periodically determining employment positions that no longer
qualify for continued correctional retirement plan coverage.
new text end
new text begin
(b) The procedure must provide for an evaluation of the
extent of the employee's working time spent in direct contact
with patients or inmates, the extent of the physical hazard that
the employee is routinely subjected to in the course of
employment, and the extent of intervention routinely expected of
the employee in the event of a facility incident. The
percentage of routine direct contact with inmates or patients
may not be less than 75 percent.
new text end
new text begin
(c) The applicable commissioner shall notify the employee
of the determination of the appropriateness of recommending the
employment position for inclusion in the correctional retirement
plan, if the evaluation procedure results in a finding that the
employee:
new text end
new text begin
(1) routinely spends 75 percent of the employee's time in
direct contact with inmates or patients; and
new text end
new text begin
(2) is regularly engaged in the rehabilitation, treatment,
custody, or supervision of inmates or patients.
new text end
new text begin
(d) After providing the affected employee an opportunity to
dispute or clarify any evaluation determinations, if the
commissioner determines that the employment position is
appropriate for inclusion in the correctional retirement plan,
the commissioner shall forward that recommendation and
supporting documentation to the chair of the Legislative
Commission on Pensions and Retirement, the chair of the State
and Local Governmental Operations Committee of the senate, the
chair of the Governmental Operations and Veterans Affairs Policy
Committee of the house of representatives, and the executive
director of the Legislative Commission on Pensions and
Retirement in the form of the appropriate proposed legislation.
The recommendation must be forwarded to the legislature before
January 15 for the recommendation to be considered in that
year's legislative session.
new text end
Minnesota Statutes 2004, section 352B.01,
subdivision 2, is amended to read:
"Member" means:
(1) a State Patrol member currently employed after June 30,
1943, under section 299D.03 by the state, who is a peace officer
under section 626.84, and whose salary or compensation is paid
out of state funds;
(2) a conservation officer employed under section 97A.201,
currently employed by the state, whose salary or compensation is
paid out of state funds;
(3) a crime bureau officer who was employed by the crime
bureau and was a member of the Highway Patrolmen's retirement
fund on July 1, 1978, whether or not that person has the power
of arrest by warrant after that date, or who is employed as
police personnel, with powers of arrest by warrant under section
299C.04, and who is currently employed by the state, and whose
salary or compensation is paid out of state funds;
(4) a person who is employed by the state in the Department
of Public Safety in a data processing management position with
salary or compensation paid from state funds, who was a crime
bureau officer covered by the State Patrol retirement plan on
August 15, 1987, and who was initially hired in the data
processing management position within the department during
September 1987, or January 1988, with membership continuing for
the duration of the person's employment in that position,
whether or not the person has the power of arrest by warrant
after August 15, 1987;
(5) a public safety employee defined as a peace officer in
section 626.84, subdivision 1, paragraph (c), and employed with
the Division of Alcohol and Gambling Enforcement under section
299L.01; deleted text beginand
deleted text end
(6) a Fugitive Apprehension Unit officer after October 31,
2000, employed by the Office of Special Investigations of the
Department of Corrections who is a peace officer under section
626.84new text begin; and
new text end
new text begin
(7) an employee of the Department of Commerce defined as a
peace officer in section 626.84, subdivision 1, paragraph (c),
who is employed by the Division of Insurance Fraud Prevention
under section 45.0135 after January 1, 2005, and who has not
attained the mandatory retirement age specified in section
43A.34, subdivision 4new text end.
Minnesota Statutes 2004, section 353.01,
subdivision 6, is amended to read:
(a) "Governmental
subdivision" means a county, city, town, school district within
this state, or a department or unit of state government, or any
public body whose revenues are derived from taxation, fees,
assessments or from other sources.
(b) Governmental subdivision also means the Public
Employees Retirement Association, the League of Minnesota
Cities, the Association of Metropolitan Municipalities, public
hospitals owned or operated by, or an integral part of, a
governmental subdivision or governmental subdivisions, the
Association of Minnesota Counties, the Metropolitan Intercounty
Association, the Minnesota Municipal Utilities Association, the
Metropolitan Airports Commission, new text beginthe University of Minnesota
with respect to police officers covered by the public employees
police and fire retirement plan,new text endthe Minneapolis Employees
Retirement Fund for employment initially commenced after June
30, 1979, the Range Association of Municipalities and Schools,
soil and water conservation districts, economic development
authorities created or operating under sections 469.090 to
469.108, the Port Authority of the city of St. Paul, the Spring
Lake Park Fire Department, incorporated, the Lake Johanna
Volunteer Fire Department, incorporated, the Red Wing
Environmental Learning Center, and the Dakota County
Agricultural Society.
(c) Governmental subdivision does not mean any municipal
housing and redevelopment authority organized under the
provisions of sections 469.001 to 469.047; or any port authority
organized under sections 469.048 to 469.089 other than the Port
Authority of the city of St. Paul; or any hospital district
organized or reorganized prior to July 1, 1975, under sections
447.31 to 447.37 or the successor of the district, nor the
Minneapolis Community Development Agency.
Minnesota Statutes 2004, section 353.64, is
amended by adding a subdivision to read:
new text begin
(a) Unless paragraph (b) applies, a
person who is employed as a peace officer by the University of
Minnesota at any campus or facility of the university, who is
required by the university to be and is licensed as a peace
officer by the Minnesota Peace Officer Standards and Training
Board under sections 626.84 to 626.863, and who has the full
power of arrest is a member of the public employees police and
fire retirement plan.
new text end
new text begin
(b) A police officer employed by the University of
Minnesota who is required by the Board of Regents to contribute
to the University of Minnesota faculty retirement plan is not
eligible to be a member of the public employees police and fire
retirement plan.
new text end
Minnesota Statutes 2004, section 354B.21,
subdivision 2, is amended to read:
(a) deleted text beginAn eligible person is
entitled to elect coverage by the plan. If the eligible person
does not make a timely election of coverage by the plan, the
person has the coverage specified in subdivision 3.
deleted text end
deleted text begin
(b) deleted text endFor eligible persons who were employed by the former
state university system or the former community college system
before May 1, 1995, the person has the retirement coverage that
the person had for employment immediately before May 1, 1995.
deleted text begin
(c) deleted text endnew text begin(b) new text endFor all other eligible persons, deleted text beginthe election of
coverage must be made within 90 days of May 10, 1995, or 90 days
of receiving notice from the employer of the options available
under this section, whichever occurs later deleted text endnew text beginunless otherwise
specified in this section, the eligible person is authorized to
elect prospective Teachers Retirement Association plan coverage
rather than coverage by the plan established by this chapter.
The election of prospective Teachers Retirement Association plan
coverage shall be made within one year of commencing eligible
Minnesota State Colleges and Universities system employment. If
an election is not made within the specified election period due
to a termination of Minnesota State Colleges and Universities
system employment, an election may be made within 90 days of
returning to eligible Minnesota State Colleges and Universities
system employment. All elections are irrevocable. Prior to
making an election the eligible person shall be covered by the
plan indicated as default coverage under subdivision 3new text end.
new text begin
(c) A purchase of service credit in the Teachers Retirement
Association plan for any period or periods of Minnesota State
Colleges and Universities system employment occurring prior to
the election under paragraph (b) is prohibited.
new text end
Minnesota Statutes 2004, section 354B.21,
subdivision 3, is amended to read:
(a) new text beginPrior to making an
election under subdivision 2, or new text endif an eligible person fails to
elect coverage by the plan under subdivision 2 or if the person
fails to make a timely election, the following retirement
coverage applies:
(1) for employees of the board who are employed in faculty
positions in the technical colleges, in the state universities
or in the community colleges, the retirement coverage is by the
plan established by this chapter;
(2) for employees of the board who are employed in faculty
positions in the technical colleges, the retirement coverage is
by the plan established by this chapter unless on June 30, 1997,
the employee was a member of the Teachers Retirement Association
established under chapter 354 and then the retirement coverage
is by the Teachers Retirement Association, or, unless the
employee was a member of a first class city teacher retirement
fund established under chapter 354A on June 30, 1995, and then
the retirement coverage is by the Duluth Teachers Retirement
Fund Association if the person was a member of that plan on June
30, 1995, or the Minneapolis Teachers Retirement Fund
Association if the person was a member of that plan on June 30,
1995, or the St. Paul Teachers Retirement Fund Association if
the person was a member of that plan on June 30, 1995; and
(3) for employees of the board who are employed in eligible
unclassified administrative positions, the retirement coverage
is by the plan established by this chapter.
(b) If an employee fails to correctly certify prior
membership in the Teachers Retirement Association to the
Minnesota State colleges and Universities system, the system
shall not pay interest on employee contributions, employer
contributions, and additional employer contributions to the
Teachers Retirement Association under section 354.52,
subdivision 4.
new text begin
(a) Sections 1, 3, 5, and 6 are effective July 1, 2005.
new text end
new text begin
(b) Sections 2 and 4 are effective retroactively from
January 1, 2005.
new text end
new text begin
(c) Sections 7 and 8 are effective the day following final
enactment.
new text end
Minnesota Statutes 2004, section 353.28,
subdivision 5, is amended to read:
Any
amount due under this section or section 353.27, subdivision 4,
is payable with interest at an annual new text begincompound new text endrate of 8.5
percent deleted text begincompounded annually deleted text endfrom the date due until the date
payment is received by the association, with a minimum interest
charge of $10. deleted text beginInterest for past due payments of excess police
state aid under section 69.031, subdivision 5, must be charged
at an annual rate of 8.5 percent compounded annually.
deleted text end
Minnesota Statutes 2004, section 353.28,
subdivision 6, is amended to read:
new text begin(a)
new text end
If deleted text beginthe deleted text endnew text begina new text endgovernmental subdivision new text beginwhich receives the direct
proceeds of property taxation new text endfails to pay deleted text beginamounts deleted text endnew text beginan amount new text enddue
under deleted text beginchapters deleted text endnew text beginchapter new text end353, 353A, 353B, 353C, deleted text beginand deleted text endnew text beginor new text end353D deleted text beginor
fails to make payments of excess police state aid to the public
employees police and fire fund under section 69.031, subdivision
5deleted text end, the executive director shall certify deleted text beginthose amounts deleted text endnew text beginthe amount
new text end
to the governmental subdivision for payment. If the
governmental subdivision fails to remit the sum so due in a
timely fashion, the executive director shall certify deleted text beginamounts deleted text endnew text beginthe
amount new text endto the new text beginapplicable new text endcounty auditor for collection. The
county auditor shall collect deleted text beginsuch amounts deleted text endnew text beginthe amount new text endout of the
revenue of the governmental subdivision, or shall add deleted text beginthem deleted text endnew text beginthe
amount new text endto the levy of the governmental subdivision and make
payment directly to the association. This tax deleted text beginshall deleted text endnew text beginmust new text endbe
levied, collected, and apportioned in the manner new text beginthat new text endother
taxes are levied, collected, and apportioned.
new text begin
(b) If a governmental subdivision which is not funded
directly from the proceeds of property taxation fails to pay an
amount due under this chapter, the executive director shall
certify the amount to the governmental subdivision for payment.
If the governmental subdivision fails to pay the amount for a
period of 60 days after certification, the executive director
shall certify the amount to the commissioner of finance, who
shall deduct the amount from any subsequent state-aid payment or
state appropriation amount applicable to the governmental
subdivision.
new text end
new text begin
If a former employee of the Minneapolis Community
Development Agency made a prior service credit purchase payment
under Minnesota Statutes 2002, section 356.55, in an amount that
is greater than the actually required payment amount because of
the use of an inaccurate salary figure or other similar
reporting or clerical error, the general employees retirement
plan of the Public Employees Retirement Association may pay
interest on the overage amount at an annual compound rate of six
percent per year.
new text end
new text begin
(a) An eligible person, upon written application, may
receive a return of a prior service credit purchase payment
under Minnesota Statutes 2002, section 356.55, plus interest on
the amount at an annual compound rate of six percent per year.
The return amount and interest must be made in an
institution-to-institution transfer to a federal tax qualified
retirement plan or account and may not be paid directly to an
individual.
new text end
new text begin
(b) An eligible person is a person who was an employee of
the Minneapolis Community Development Agency and made a payment
for the purchase of prior service credit under Laws 2003,
chapter 127, article 12, section 31, subdivision 4, and
Minnesota Statutes 2002, section 356.55, in an erroneous amount
because of an inaccurate salary figure supplied by the employing
agency.
new text end
new text begin
(a) Sections 1 and 2 are effective July 1, 2005.
new text end
new text begin
(b) Sections 3 and 4 are effective the day following final
enactment.
new text end
new text begin
(c) Section 4 expires June 30, 2005.
new text end
Minnesota Statutes 2004, section 353F.02,
subdivision 4, is amended to read:
"Medical facility" means:
(1) new text beginBridges Medical Services;
new text end
new text begin
(2) new text endthe Fair Oaks Lodge, Wadena;
deleted text begin
(2) deleted text endnew text begin(3) new text endthe Glencoe Area Health Center;
deleted text begin
(3)
deleted text end
new text begin
(4) the Hutchinson Area Health Care;
new text end
new text begin
(5) new text endthe Kanabec Hospital;
deleted text begin
(4) deleted text endnew text begin(6) new text endthe Luverne Public Hospital;
new text begin
(7) the Northfield Hospital;
new text end
deleted text begin
(5) deleted text endnew text begin(8) new text endthe RenVilla Nursing Home;
deleted text begin
(6) deleted text endnew text begin(9) new text endthe Renville County Hospital in Olivia;
deleted text begin
(7) deleted text endnew text begin(10) new text endthe St. Peter Community Healthcare Center; and
deleted text begin
(8) deleted text endnew text begin(11) new text endthe Waconia-Ridgeview Medical Center.
Minnesota Statutes 2004, section 471A.10, is
amended to read:
(a) Unless expressly provided therein, and except as
provided in this section, no state law, charter provision, or
ordinance of a municipality relating to public employees shall
apply to a person solely by reason of that person's employment
by a private vendor in connection with services rendered under a
service contract.
(b) A private vendor purchasing or leasing existing related
facilities from a municipality or operating or maintaining the
facility shall recognize all exclusive bargaining
representatives and existing labor agreements and those
agreements shall remain in force until they expire by their
terms. Persons deleted text beginwho are not deleted text endnew text beginwho were new text endemployed by a municipality
in a related facility deleted text beginat the time of deleted text endnew text beginand who were members of the
Public Employees Retirement Association general plan due to that
employment are not permitted to remain as active members of the
plan following new text enda lease or purchase of the facility by deleted text beginthe deleted text endnew text begina
new text end
private vendor deleted text beginare not "public employees" within the meaning of
the Public Employees Retirement Act, chapter 353. Persons
employed by a municipality in a related facility at the time of
a lease or purchase of the facility by a private vendor shall
continue to be considered to be "public employees" within the
meaning of the Public Employees Retirement Act, chapter 353, but
may elect to terminate their participation in the Public
Employees Retirement Association as provided in this section.
Each such employee may exercise the election annually on the
anniversary of the person's initial employment by the
municipality. An employee electing to terminate participation
in the association is entitled to benefits that the employee
would be entitled to if terminating public employment and may
participate in a retirement program established by the private
vendordeleted text end.
Laws 2004, chapter 267, article 12, section 4, is
amended to read:
(a) Section 1, relating to the Fair Oaks Lodge, Wadena, is
effective upon the latter of:
(1) the day after the governing body of Todd County and its
chief clerical officer timely complete their compliance with
Minnesota Statutes, section 645.021, subdivisions 2 and 3; and
(2) the day after the governing body of Wadena County and
its chief clerical officer timely complete their compliance with
Minnesota Statutes, section 645.021, subdivisions 2 and 3.
(b) Section 1, relating to the RenVilla Nursing Home, is
effective upon the latter of:
(1) the day after the governing body of the city of
Renville and its chief clerical officer timely complete their
compliance with Minnesota Statutes, section 645.021,
subdivisions 2 and 3new text begin, except that the certificate of approval
must be filed before January 1, 2006new text end; and
(2) the first day of the month next following certification
to the governing body of the city of Renville by the executive
director of the Public Employees Retirement Association that the
actuarial accrued liability of the special benefit coverage
proposed for extension to the privatized RenVilla Nursing Home
employees under section 1 does not exceed the actuarial gain
otherwise to be accrued by the Public Employees Retirement
Association, as calculated by the consulting actuary retained by
the Legislative Commission on Pensions and Retirementnew text begin, or the
actuary retained under Minnesota Statutes, section 356.214,
whichever is applicablenew text end.
(c) The cost of the actuarial calculations must be borne by
the city of Renville or the purchaser of the RenVilla Nursing
Home.
(d) Section 1, relating to the St. Peter Community
Healthcare Center, is effective upon the latter of:
(1) the day after the governing body of the city of St.
Peter and its chief clerical officer timely complete their
compliance with Minnesota Statutes, section 645.021,
subdivisions 2 and 3; and
(2) the first day of the month next following certification
to the governing body of the city of St. Peter by the executive
director of the Public Employees Retirement Association that the
actuarial accrued liability of the special benefit coverage
proposed for extension to the privatized St. Peter Community
Healthcare Center employees under section 1 does not exceed the
actuarial gain otherwise to be accrued by the Public Employees
Retirement Association, as calculated by the consulting actuary
retained by the Legislative Commission on Pensions and
Retirementnew text begin, or the actuary retained under Minnesota Statutes,
section 356.214, whichever is applicablenew text end.
(e) The cost of the actuarial calculations must be borne by
the city of St. Peter or the purchaser of the St. Peter
Community Healthcare Center.
(f) If the required actions under paragraphs (b) and (c)
occur, section 1 applies retroactively to the RenVilla Nursing
Home as of the date of privatization.
(g) If the required actions under paragraph (a) occur,
section 1 applies retroactively to Fair Oaks Lodge, Wadena, as
of January 1, 2004.
(h) Sections 2 and 3 are effective deleted text beginon deleted text endthe day following
final enactment.
new text begin
(a) Section 1, relating to Bridges Medical Services, is
effective upon the later of:
new text end
new text begin
(1) the day after the governing body of the city of Ada and
its chief clerical officer timely complete their compliance with
Minnesota Statutes, section 645.021, subdivisions 2 and 3; and
new text end
new text begin
(2) the first day of the month next following certification
to the governing body of the city of Ada by the executive
director of the Public Employees Retirement Association that the
actuarial accrued liability of the special benefit coverage
proposed for extension to the privatized Bridges Medical
Services employees under section 1 does not exceed the actuarial
gain otherwise to be accrued by the Public Employees Retirement
Association, as calculated by the consulting actuary retained
under Minnesota Statutes, section 356.214.
new text end
new text begin
(b) Section 1, relating to the Hutchinson Area Health Care,
is effective upon the later of:
new text end
new text begin
(1) the day after the governing body of the city of
Hutchinson and its chief clerical officer timely complete their
compliance with Minnesota Statutes, section 645.021,
subdivisions 2 and 3; and
new text end
new text begin
(2) the first day of the month next following certification
to the governing body of the city of Hutchinson by the executive
director of the Public Employees Retirement Association that the
actuarial accrued liability of the special benefit coverage
proposed for extension to the privatized Hutchinson Area Health
Care employees under section 1 does not exceed the actuarial
gain otherwise to be accrued by the Public Employees Retirement
Association, as calculated by the consulting actuary retained by
the Legislative Commission on Pensions and Retirement.
new text end
new text begin
(c) Section 1, relating to the Northfield Hospital, is
effective upon the later of:
new text end
new text begin
(1) the day after the governing body of the city of
Northfield and its chief clerical officer timely complete their
compliance with Minnesota Statutes, section 645.021,
subdivisions 2 and 3; and
new text end
new text begin
(2) the first day of the month next following certification
to the governing body of the city of Northfield by the executive
director of the Public Employees Retirement Association that the
actuarial accrued liability of the special benefit coverage
proposed for extension to the privatized Northfield Hospital
employees under section 1 does not exceed the actuarial gain
otherwise to be accrued by the Public Employees Retirement
Association, as calculated by the consulting actuary retained by
the Legislative Commission on Pensions and Retirement.
new text end
new text begin
(d) The cost of the actuarial calculations must be borne by
the facility, the city in which the facility is located, or the
purchaser of the facility.
new text end
new text begin
(e) If the required actions in paragraphs (a), (b), or (c)
and (d) occur, section 1 applies retroactively to the date of
privatization.
new text end
new text begin
(f) Section 3 is effective the day following final
enactment.
new text end
new text begin
(g) Section 2 is effective the day following final
enactment and applies to privatizations occurring on or after
the effective date.
new text end
Minnesota Statutes 2004, section 354A.021, is
amended by adding a subdivision to read:
new text begin
(a) On or before July 1, 2006, and within six months of
the date of the approval of any amendment to the articles of
incorporation or bylaws, the chief administrative officer of
each first class city teacher retirement fund association shall
prepare and publish an updated compilation of the articles of
incorporation and the bylaws of the association.
new text end
new text begin
(b) The chief administrative officer of the first class
city teacher retirement fund association must certify the
accuracy and the completeness of the compilation.
new text end
new text begin
(c) The compilation of the articles of incorporation and
bylaws of a first class city teacher retirement fund association
must contain an index.
new text end
new text begin
(d) The compilation must be made available to association
members and other interested parties. The association may
charge a fee for a copy that reflects the price of printing or
otherwise producing the copy. Two copies of the compilation
must be filed, without charge, by each retirement fund
association with the Legislation Commission on Pensions and
Retirement, the Legislative Reference Library, the state
auditor, the commissioner of education, the chancellor of the
Minnesota State Colleges and Universities system, and the
superintendent of the applicable school district.
new text end
new text begin
(e) A first class city teacher retirement fund association
may contract with the revisor of statutes for the preparation of
the compilation.
new text end
new text begin
(f) If a first class city teacher retirement fund
association makes an updated copy of its articles of
incorporation and bylaws available on its Web site, the
retirement fund association is not obligated to file a hard copy
of the documents under paragraph (d) for the applicable filing
period.
new text end
new text begin
Section 1 is effective July 1, 2005.
new text end
Minnesota Statutes 2004, section 354B.25,
subdivision 2, is amended to read:
new text begin(a) new text endThe plan administrator
shall arrange for the purchase of investment products.
new text begin
(b) new text endThe investment products must be purchased with
contributions under section 354B.23 or with money or assets
otherwise provided by law by authority of the board.
new text begin
(c) Various investment accounts offered through new text endthe
Minnesota supplemental investment fund established under section
11A.17 and administered by the State Board of Investment deleted text beginis one
of the deleted text endnew text beginmay be included as new text endinvestment products for the individual
retirement account plan. Direct access must also be provided to
lower expense and no-load mutual funds, as those terms are
defined by the federal Securities and Exchange Commission,
including stock funds, bond funds, and balanced funds. Other
investment products or combination of investment products which
may be included are:
(1) savings accounts at federally insured financial
institutions;
(2) life insurance contracts, fixed and variable annuity
contracts from companies that are subject to regulation by the
commerce commissioner;
(3) investment options from open-ended investment companies
registered under the federal Investment Company Act of 1940,
United States Code, title 15, sections 80a-1 to 80a-64;
(4) investment options from a firm that is a registered
investment advisor under the federal Investment Advisers Act of
1940, United States Code, title 15, sections 80b-1 to 80b-21;
and
(5) investment options of a bank as defined in United
States Code, title 15, section 80b-2, subsection (a), paragraph
2, or a bank holding company as defined in the Bank Holding
Company Act of 1956, United States Code, title 12, section 1841,
subsection (a), paragraph (1).
new text begin
Section 1 is effective the day following final enactment.
new text end
Minnesota Statutes 2004, section 356.24,
subdivision 1, is amended to read:
It is unlawful
for a school district or other governmental subdivision or state
agency to levy taxes for, or to contribute public funds to a
supplemental pension or deferred compensation plan that is
established, maintained, and operated in addition to a primary
pension program for the benefit of the governmental subdivision
employees other than:
(1) to a supplemental pension plan that was established,
maintained, and operated before May 6, 1971;
(2) to a plan that provides solely for group health,
hospital, disability, or death benefits;
(3) to the individual retirement account plan established
by chapter 354B;
(4) to a plan that provides solely for severance pay under
section 465.72 to a retiring or terminating employee;
(5) for employees other than personnel employed by the
Board of Trustees of the Minnesota State Colleges and
Universities and covered under the Higher Education Supplemental
Retirement Plan under chapter 354C, if the supplemental plan
coverage is provided for in a personnel policy of the public
employer or in the collective bargaining agreement between the
public employer and the exclusive representative of public
employees in an appropriate unit, in an amount matching employee
contributions on a dollar for dollar basis, but not to exceed an
employer contribution of $2,000 a year per employee;
(i) to the state of Minnesota deferred compensation plan
under section 352.96; or
(ii) in payment of the applicable portion of the
contribution made to any investment eligible under section
403(b) of the Internal Revenue Code, if the employing unit has
complied with any applicable pension plan provisions of the
Internal Revenue Code with respect to the tax-sheltered annuity
program during the preceding calendar year;
(6) for personnel employed by the Board of Trustees of the
Minnesota State Colleges and Universities and not covered by
clause (5), to the supplemental retirement plan under chapter
354C, if the supplemental plan coverage is provided for in a
personnel policy or in the collective bargaining agreement of
the public employer with the exclusive representative of the
covered employees in an appropriate unit, in an amount matching
employee contributions on a dollar for dollar basis, but not to
exceed an employer contribution of $2,700 a year for each
employee;
(7) to a supplemental plan or to a governmental trust to
save for postretirement health care expenses qualified for
tax-preferred treatment under the Internal Revenue Code, if the
supplemental plan coverage is provided for in a personnel policy
or in the collective bargaining agreement of a public employer
with the exclusive representative of the covered employees in an
appropriate unit;
(8) to the laborer's national industrial pension fund new text beginor to
a laborer's local pension fund new text endfor the employees of a
governmental subdivision who are covered by a collective
bargaining agreement that provides for coverage by that fund and
that sets forth a fund contribution rate, but not to exceed an
employer contribution of deleted text begin$2,000 deleted text endnew text begin$5,000 new text endper year per employee;
(9) to the plumbers' and pipefitters' national pension fund
or to a plumbers' and pipefitters' local pension fund for the
employees of a governmental subdivision who are covered by a
collective bargaining agreement that provides for coverage by
that fund and that sets forth a fund contribution rate, but not
to exceed an employer contribution of deleted text begin$2,000 deleted text endnew text begin$5,000 new text endper year per
employee;
(10) to the international union of operating engineers
pension fund for the employees of a governmental subdivision who
are covered by a collective bargaining agreement that provides
for coverage by that fund and that sets forth a fund
contribution rate, but not to exceed an employer contribution of
deleted text begin
$2,000 deleted text endnew text begin$5,000 new text endper year per employee; or
(11) to a supplemental plan organized and operated under
the federal Internal Revenue Code, as amended, that is wholly
and solely funded by the employee's accumulated sick leave,
accumulated vacation leave, and accumulated severance pay new text beginat the
date of retirement or the termination of active employmentnew text end.
new text begin
Section 1 is effective the day following final enactment.
new text end
Minnesota Statutes 2004, section 69.051,
subdivision 1, is amended to read:
The board of
each salaried firefighters relief association, police relief
association, and volunteer firefighters relief association as
defined in section 424A.001, subdivision 4, with assets of at
least $200,000 or liabilities of at least $200,000 new text beginin the prior
year or in any previous yearnew text end, according to the deleted text beginmost recent
deleted text endnew text begin
applicable new text endactuarial valuation or financial report if no
valuation is required, shall:
(1) prepare a financial report covering the special and
general funds of the relief association for the preceding fiscal
year on a form prescribed by the state auditor. The financial
report deleted text beginshall deleted text endnew text beginmust new text endcontain financial statements and disclosures
which present the true financial condition of the relief
association and the results of relief association operations in
conformity with generally accepted accounting principles and in
compliance with the regulatory, financing and funding provisions
of this chapter and any other applicable laws. The financial
report deleted text beginshall deleted text endnew text beginmust new text endbe countersigned by the municipal clerk or
clerk-treasurer of the municipality in which the relief
association is located if the relief association is a
firefighters relief association which is directly associated
with a municipal fire department or is a police relief
association, or countersigned by the secretary of the
independent nonprofit firefighting corporation and by the
municipal clerk or clerk-treasurer of the largest municipality
in population which contracts with the independent nonprofit
firefighting corporation if the new text beginvolunteer firefighter new text endrelief
association is a subsidiary of an independent nonprofit
firefighting corporation;
(2) file the financial report in its office for public
inspection and present it to the city council after the close of
the fiscal year. One copy of the financial report deleted text beginshall deleted text endnew text beginmust new text endbe
furnished to the state auditor after the close of the fiscal
year; and
(3) submit to the state auditor audited financial
statements which have been attested to by a certified public
accountant, public accountant, or the state auditor within 180
days after the close of the fiscal year. The state auditor may
accept this report in lieu of the report required in clause (2).
Minnesota Statutes 2004, section 69.051,
subdivision 1a, is amended to read:
(a) The board of each
volunteer firefighters relief association, as defined in section
424A.001, subdivision 4, deleted text beginwith assets of less than $200,000 and
liabilities less than $200,000, according to the most recent
financial report, shall deleted text endnew text beginthat is not required to file a financial
report and audit under subdivision 1 must new text endprepare a detailed
statement of the financial affairs for the preceding fiscal year
of the relief association's special and general funds in the
style and form prescribed by the state auditor. The detailed
statement must show the sources and amounts of all money
received; all disbursements, accounts payable and accounts
receivable; the amount of money remaining in the treasury; total
assets including a listing of all investments; the accrued
liabilities; and all items necessary to show accurately the
revenues and expenditures and financial position of the relief
association.
(b) The detailed financial statement required under
paragraph (a) must be certified by an independent public
accountant or auditor or by the auditor or accountant who
regularly examines or audits the financial transactions of the
municipality. In addition to certifying the financial condition
of the special and general funds of the relief association, the
accountant or auditor conducting the examination shall give an
opinion as to the condition of the special and general funds of
the relief association, and shall comment upon any exceptions to
the report. The independent accountant or auditor deleted text beginshall deleted text endnew text beginmust
new text end
have at least five years of public accounting, auditing, or
similar experience, and deleted text beginshall deleted text endnew text beginmust new text endnot be an active, inactive,
or retired member of the relief association or the fire or
police department.
(c) The detailed statement required under paragraph (a)
must be countersigned by the municipal clerk or clerk-treasurer
of the municipality, or, where applicable, by the secretary of
the independent nonprofit firefighting corporation and by the
municipal clerk or clerk-treasurer of the largest municipality
in population which contracts with the independent nonprofit
firefighting corporation if the relief association is a
subsidiary of an independent nonprofit firefighting corporation.
(d) The volunteer firefighters' relief association board
must file the detailed statement required under paragraph (a) in
the relief association office for public inspection and present
it to the city council within 45 days after the close of the
fiscal year, and must submit a copy of the detailed statement to
the state auditor within 90 days of the close of the fiscal year.
Minnesota Statutes 2004, section 69.771, is
amended to read:
The
applicable provisions of sections 69.771 to 69.776deleted text beginshall deleted text endapply
to any firefighters' relief association other than a relief
association enumerated in section 69.77, subdivision 1a, which
is organized under any laws of this state, which is composed of
volunteer firefighters or new text beginis new text endcomposed partially of volunteer
firefighters and partially of salaried firefighters with
retirement coverage provided by the public employees police and
fire fund and whichnew text begin, in either case,new text endoperates subject to the
service pension minimum requirements for entitlement and
maximums contained in section 424A.02, or new text beginsubject to new text enda special
law modifying those requirements or maximums.
Notwithstanding any law to the contrary, a
municipality may lawfully contribute public funds, including new text beginthe
transfer of new text endany applicable fire state aid, or new text beginmay new text endlevy property
taxes for the support of a firefighters' relief association
specified in subdivision 1, however organized, which provides
retirement coverage or pays a service pension to retired
firefighter or a retirement benefit to a disabled firefighter or
a surviving dependent of either an active or retired firefighter
for the operation and maintenance of the relief association only
if the municipality and the relief association new text beginboth new text endcomply with
the new text beginapplicable new text endprovisions of sections 69.771 to 69.776.
deleted text begin
Any deleted text endnew text begin(a) A new text endmunicipality in which there exists a firefighters'
relief association as specified in subdivision 1 which does not
comply with the applicable provisions of sections 69.771 to
69.776 or the provisions of any applicable special law relating
to the funding or financing of the association deleted text beginshall deleted text endnew text begindoes new text endnot
qualify initially to receive, deleted text beginor be deleted text endnew text beginand is not new text endentitled
subsequently to retain, fire state aid deleted text beginpursuant to deleted text endnew text beginunder
new text end
sections 69.011 to 69.051 until the reason for new text beginthe
new text end
disqualification new text beginspecified by the state auditor new text endis remedied,
whereupon the municipality or relief association, if otherwise
qualified, deleted text beginshall be deleted text endnew text beginis new text endentitled to again receive fire state aid
for the year occurring immediately subsequent to the year in
which the disqualification is remedied.
new text begin
(b) new text endThe state auditor shall determine if a municipality to
which a firefighters' relief association is directly associated
or a firefighters' relief association fails to comply with the
provisions of sections 69.771 to 69.776 or the funding or
financing provisions of any applicable special law based upon
the information contained in the annual financial report of the
firefighters' relief association required deleted text beginpursuant to deleted text endnew text beginunder
new text end
section 69.051deleted text begin.deleted text endnew text begin, the actuarial valuation of the relief
association, if applicable, the relief association officers'
financial requirements of the relief association and minimum
municipal obligation determination documentation under section
69.772, subdivisions 3 and 4; 69.773, subdivisions 4 and 5; or
69.774, subdivision 2, if requested to be filed by the state
auditor, the applicable municipal or nonprofit firefighting
corporation budget, if requested to be filed by the state
auditor, and any other relevant documents or reports obtained by
the state auditor.
new text end
new text begin
(c) The municipality or nonprofit firefighting corporation
and the associated relief association are not eligible to
receive or to retain fire state aid if:
new text end
new text begin
(1) the relief association fails to prepare or to file the
financial report or financial statement under section 69.051;
new text end
new text begin
(2) the relief association treasurer is not bonded in the
manner and in the amount required by section 69.051, subdivision
2;
new text end
new text begin
(3) the relief association officers fail to determine or
improperly determine the accrued liability and the annual
accruing liability of the relief association under section
69.772, subdivisions 2, 2a, and 3, paragraph (c), clause (2), if
applicable;
new text end
new text begin
(4) if applicable, the relief association officers fail to
obtain and file a required actuarial valuation or the officers
file an actuarial valuation that does not contain the special
fund actuarial liability calculated under the entry age normal
actuarial cost method, the special fund current assets, the
special fund unfunded actuarial accrued liability, the special
fund normal cost under the entry age normal actuarial cost
method, the amortization requirement for the special fund
unfunded actuarial accrued liability by the applicable target
date, a summary of the applicable benefit plan, a summary of the
membership of the relief association, a summary of the actuarial
assumptions used in preparing the valuation, and a signed
statement by the actuary attesting to its results and certifying
to the qualifications of the actuary as an approved actuary
under section 356.215, subdivision 1, paragraph (c);
new text end
new text begin
(5) the municipality failed to provide a municipal
contribution, or the nonprofit firefighting corporation failed
to provide a corporate contribution, in the amount equal to the
minimum municipal obligation if the relief association is
governed under section 69.772, or the amount necessary, when
added to the fire state aid actually received in the plan year
in question, to at least equal in total the calculated annual
financial requirements of the special fund of the relief
association if the relief association is governed under section
69.773, and, if the municipal or corporate contribution is
deficient, the municipality failed to include the minimum
municipal obligation certified under section 69.772, subdivision
3, or 69.773, subdivision 5, in its budget and tax levy or the
nonprofit firefighting corporation failed to include the minimum
corporate obligation certified under section 69.774, subdivision
2, in the corporate budget;
new text end
new text begin
(6) the relief association did not receive municipal
ratification for the most recent plan amendment when municipal
ratification was required under section 69.772, subdivision 6;
69.773, subdivision 6; or 424A.02, subdivision 10;
new text end
new text begin
(7) the relief association invested special fund assets in
an investment security that is not authorized under section
69.775;
new text end
new text begin
(8) the relief association had an administrative expense
that is not authorized under section 69.80 or 424A.05,
subdivision 3, or the municipality had an expenditure that is
not authorized under section 424A.08;
new text end
new text begin
(9) the relief association officers fail to provide a
complete and accurate public pension plan investment portfolio
and performance disclosure under section 356.219;
new text end
new text begin
(10) the relief association fails to obtain the
acknowledgment from a broker of the statement of investment
restrictions under section 356A.06, subdivision 8b;
new text end
new text begin
(11) the relief association officers permitted to occur a
prohibited transaction under section 356A.06, subdivision 9, or
424A.001, subdivision 7, or failed to undertake correction of a
prohibited transaction that did occur; or
new text end
new text begin
(12) the relief association pays a defined benefit service
pension in an amount that is in excess of the applicable service
pension maximum under section 424A.02, subdivision 3.
new text end
Minnesota Statutes 2004, section 69.772,
subdivision 3, is amended to read:
new text begin(a) new text endDuring the month of
July, the officers of the relief association shall determine the
overall funding balance of the special fund for the current
calendar year, the financial requirements of the special fund
for the following calendar year and the minimum obligation of
the municipality with respect to the special fund for the
following calendar year in accordance with the requirements of
this subdivision.
deleted text begin
(1) deleted text endnew text begin(b) new text endThe overall funding balance of the special fund for
the current calendar year deleted text beginshall deleted text endnew text beginmust new text endbe determined in the
following manner:
deleted text begin
(a) deleted text endnew text begin(1) new text endThe total accrued liability of the special fund for
all active and deferred members of the relief association as of
December 31 of the current year deleted text beginshall deleted text endnew text beginmust new text endbe calculated
deleted text begin
pursuant to deleted text endnew text beginunder new text endsubdivisions 2 and 2a, if applicable.
deleted text begin
(b) deleted text endnew text begin(2) new text endThe total present assets of the special fund
projected to December 31 of the current year, including receipts
by and disbursements from the special fund anticipated to occur
on or before December 31 deleted text beginshall deleted text endnew text begin, must new text endbe calculated. To the
extent possible, for those assets for which a market value is
readily ascertainable, the current market value as of the date
of the calculation for those assets deleted text beginshall deleted text endnew text beginmust new text endbe utilized in
making this calculation. For any asset for which no market
value is readily ascertainable, the cost value or the book
value, whichever is applicable, deleted text beginshall deleted text endnew text beginmust new text endbe utilized in making
this calculation.
deleted text begin
(c) deleted text endnew text begin(3) new text endThe amount of the total present assets of the
special fund calculated deleted text beginpursuant to deleted text endnew text beginunder new text endclause deleted text begin(b) shall deleted text endnew text begin(2)
must new text endbe subtracted from the amount of the total accrued
liability of the special fund calculated deleted text beginpursuant to deleted text endnew text beginunder
new text end
clause deleted text begin(a) deleted text endnew text begin(1)new text end. If the amount of total present assets exceeds
the amount of the total accrued liability, then the special fund
deleted text begin
shall be deleted text endnew text beginis new text endconsidered to have a surplus over full funding. If
the amount of the total present assets is less than the amount
of the total accrued liability, then the special fund deleted text beginshall be
deleted text endnew text begin
is new text endconsidered to have a deficit from full funding. If the
amount of total present assets is equal to the amount of the
total accrued liability, then the special fund deleted text beginshall be deleted text endnew text beginis
new text end
considered to be fully funded.
deleted text begin
(2) deleted text endnew text begin(c) new text endThe financial requirements of the special fund for
the following calendar year deleted text beginshall deleted text endnew text beginmust new text endbe determined in the
following manner:
deleted text begin
(a) deleted text endnew text begin(1) new text endThe total accrued liability of the special fund for
all active and deferred members of the relief association as of
December 31 of the calendar year next following the current
calendar year deleted text beginshall deleted text endnew text beginmust new text endbe calculated deleted text beginpursuant to deleted text endnew text beginunder
new text end
subdivisions 2 and 2a, if applicable.
deleted text begin
(b) deleted text endnew text begin(2) new text endThe increase in the total accrued liability of the
special fund for the following calendar year over the total
accrued liability of the special fund for the current year deleted text beginshall
deleted text endnew text begin
must new text endbe calculated.
deleted text begin
(c) deleted text endnew text begin(3) new text endThe amount of anticipated future administrative
expenses of the special fund deleted text beginshall deleted text endnew text beginmust new text endbe calculated by
multiplying the dollar amount of the administrative expenses of
the special fund for the most recent new text beginprior calendar new text endyear by the
factor of 1.035.
deleted text begin
(d) deleted text endnew text begin(4) new text endIf the special fund is fully funded, the financial
deleted text begin
requirement deleted text endnew text beginrequirements new text endof the special fund for the following
calendar year deleted text beginshall be deleted text endnew text beginare new text endthe deleted text beginfigure which represents the
increase in the deleted text endtotal deleted text beginaccrued liability deleted text endof the deleted text beginspecial fund as
deleted text endnew text begin
amounts new text endcalculated deleted text beginpursuant to subclause (b) deleted text endnew text beginunder clauses (2)
and (3)new text end.
deleted text begin
(e) deleted text endnew text begin(5) new text endIf the special fund has a deficit from full
funding, the financial requirements of the special fund for the
following calendar year deleted text beginshall be deleted text endnew text beginare new text endthe financial requirements
of the special fund calculated as though the special fund were
fully funded deleted text beginpursuant to subclause (d) deleted text endnew text beginunder clause (4) new text endplus an
amount equal to one-tenth of the new text beginoriginal new text endamount of the deficit
from full funding of the special fund as determined deleted text beginpursuant to
this section for the calendar year 1971 until that deficit from
full funding is fully retired, and plus an amount equal to
one-tenth of the increase in the deficit from full funding of
the special fund deleted text endnew text beginunder clause (2) new text endresulting new text begineither new text endfrom an
increase in the amount of the service pension deleted text beginaccruing after
December 31, 1971 deleted text endnew text beginoccurring in the last ten years or from a net
annual investment loss occurring during the last ten years new text enduntil
each increase in the deficit from full funding is fully
retired. new text beginThe annual amortization contribution under this clause
may not exceed the amount of the deficit from full funding.
new text end
deleted text begin
(f) deleted text endnew text begin(6) new text endIf the special fund has a surplus over full
funding, the financial requirements of the special fund for the
following calendar year deleted text beginshall be deleted text endnew text beginare new text endthe financial requirements
of the special fund calculated as though the special fund were
fully funded deleted text beginpursuant to subclause (d) deleted text endnew text beginunder clause (4) new text endreduced
by an amount equal to one-tenth of the amount of the surplus
over full funding of the special fund.
deleted text begin
(3) deleted text endnew text begin(d) new text endThe minimum obligation of the municipality with
respect to the special fund deleted text beginshall be deleted text endnew text beginis new text endthe financial
requirements of the special fund reduced by the amount of any
fire state aid payable deleted text beginpursuant to deleted text endnew text beginunder new text endsections 69.011 to
69.051 new text beginreasonably new text endanticipated to be received by the municipality
for transmittal to the special fund during the following
calendar year, an amount of interest on the assets of the
special fund projected to the beginning of the following
calendar year calculated at the rate of five percent per annum,
and the amount of any deleted text beginanticipated deleted text endcontributions to the special
fund new text beginrequired new text endby the new text beginrelief association bylaws from the active
new text end
members of the relief association new text beginreasonably anticipated to be
received new text endduring the following calendar year. new text beginA reasonable
amount of anticipated fire state aid is an amount that does not
exceed the fire state aid actually received in the prior year
multiplied by the factor 1.035.
new text end
Minnesota Statutes 2004, section 69.772,
subdivision 4, is amended to read:
new text begin(a) new text endThe officers of the
relief association shall certify the financial requirements of
the special fund of the relief association and the minimum
obligation of the municipality with respect to the special fund
of the relief association as determined deleted text beginpursuant to deleted text endnew text beginunder
new text end
subdivision 3 to the governing body of the municipality on or
before August 1 of each year. new text beginThe financial requirements of the
relief association and the minimum municipal obligation must be
included in the financial report or financial statement under
section 69.051.
new text end
new text begin
(b) new text endThe municipality shall provide for at least the minimum
obligation of the municipality with respect to the special fund
of the relief association by tax levy or from any other source
of public revenue.
new text begin
(c) new text endThe municipality may levy taxes for the payment of the
minimum municipal obligation without any limitation as to rate
or amount and irrespective of any limitations imposed by other
provisions of law upon the rate or amount of taxation until the
balance of the special fund or any fund of the relief
association has attained a specified level. In addition, any
taxes levied deleted text beginpursuant to deleted text endnew text beginunder new text endthis section deleted text beginshall deleted text endnew text beginmust new text endnot cause
the amount or rate of any other taxes levied in that year or to
be levied in a subsequent year by the municipality which are
subject to a limitation as to rate or amount to be reduced.
new text begin
(d) new text endIf the municipality does not include the full amount of
the minimum municipal obligations in its levy for any year, the
officers of the relief association shall certify that amount to
the county auditor, who shall spread a levy in the amount of the
new text begin
certified new text endminimum municipal obligation new text beginon the taxable property
of the municipalitynew text end.
new text begin
(e) If the state auditor determines that a municipal
contribution actually made in a plan year was insufficient under
section 69.771, subdivision 3, paragraph (c), clause (5), the
state auditor may request a copy of the certifications under
this subdivision from the relief association or from the city.
The relief association or the city, whichever applies, must
provide the certifications within 14 days of the date of the
request from the state auditor.
new text end
Minnesota Statutes 2004, section 69.773,
subdivision 4, is amended to read:
deleted text beginPrior
to deleted text endnew text begin(a) On or before new text endAugust 1 of each year, the officers of the
relief association shall determine the financial requirements of
the special fund of the relief association in accordance with
the requirements of this subdivision.
new text begin
(b) new text endThe financial requirements of the relief
association deleted text beginshall deleted text endnew text beginmust new text endbe based on the most recent actuarial
valuation of the special fund prepared in accordance with
subdivision 2. If the relief association has an unfunded
actuarial accrued liability as reported in the most recent
actuarial valuation, the financial requirements deleted text beginshall deleted text endnew text beginmust new text endbe
determined by adding the figures calculated deleted text beginpursuant to deleted text endnew text beginunder
paragraph (d),new text endclauses deleted text begin(a) deleted text endnew text begin(1)new text end, deleted text begin(b) deleted text endnew text begin(2)new text end, and deleted text begin(c) deleted text endnew text begin(3)new text end. If
the relief association does not have an unfunded actuarial
accrued liability as reported in the most recent actuarial
valuation, the financial requirements deleted text beginshall deleted text endnew text beginmust new text endbe an amount
equal to the figure calculated deleted text beginpursuant to deleted text endnew text beginunder paragraph (d),
new text end
clauses deleted text begin(a) deleted text endnew text begin(1) new text endand deleted text begin(b) deleted text endnew text begin(2)new text end, reduced by an amount equal to
one-tenth of the amount of any assets in excess of the actuarial
accrued liability of the relief association.
new text begin
(c) new text endThe determination of whether or not the relief
association has an unfunded actuarial accrued liability
deleted text begin
shall deleted text endnew text beginmust new text endbe based on the current market value of assets for
which a market value is readily ascertainable and the cost or
book value, whichever is applicable, for assets for which no
market value is readily ascertainable.
deleted text begin
(a)
deleted text end
new text begin
(d) The components of the financial requirements of the
relief association are the following:
new text end
new text begin
(1) new text endThe normal level cost requirement for the following
year, expressed as a dollar amount, deleted text beginshall be deleted text endnew text beginis new text endthe figure for
the normal level cost of the relief association as reported in
the actuarial valuation.
deleted text begin
(b) deleted text endnew text begin(2) new text endThe amount of anticipated future administrative
expenses of the special fund deleted text beginshall deleted text endnew text beginmust new text endbe calculated by
multiplying the dollar amount of the administrative expenses of
the special fund for the most recent new text beginprior calendar new text endyear by the
factor of 1.035.
deleted text begin
(c) deleted text endnew text begin(3) new text endThe amortization contribution requirement to retire
the current unfunded actuarial accrued liability by the
established date for full funding deleted text beginshall be deleted text endnew text beginis new text endthe figure for the
amortization contribution as reported in the actuarial
valuation. If there has not been a change in the actuarial
assumptions used for calculating the actuarial accrued liability
of the special fund, a change in the bylaws of the relief
association governing the service pensions, retirement benefits,
or bothnew text begin,new text endpayable from the special fundnew text begin,new text endor a change in the
actuarial cost method used to value all or a portion of the
special fund which change or changes, which by themselvesnew text begin,
new text end
without inclusion of any other items of increase or decrease,
produce a net increase in the unfunded actuarial accrued
liability of the special fund deleted text beginsince December 31, 1970deleted text end, the
established date for full funding deleted text beginshall be deleted text endnew text beginis the new text endDecember 31deleted text begin,
1990 deleted text endnew text beginoccurring ten years laternew text end. If there has been a change in
the actuarial assumptions used for calculating the actuarial
accrued liability of the special fund, a change in the bylaws of
the relief association governing the service pensions,
retirement benefits, or both payable from the special fund or a
change in the actuarial cost method used to value all or a
portion of the special fund and the change or changes, by
themselves and without inclusion of any other items of increase
or decrease, produce a net increase in the unfunded actuarial
accrued liability of the special fund deleted text beginsince December 31, 1970,
but prior to January 1, 1979 deleted text endnew text beginwithin the past 20 yearsnew text end, the
established date for full funding deleted text beginshall be December 31, 1998,
and if there has been a change since December 31, 1978, the
established date for full funding shall deleted text endnew text beginmust new text endbe determined using
the following procedure:
(i) new text beginthe unfunded actuarial accrued liability of the special
fund attributable to experience losses that have occurred since
the most recent prior actuarial valuation must be determined and
the level annual dollar contribution needed to amortize the
experience loss over a period of ten years ending on the
December 31 occurring ten years later must be calculated;
new text end
new text begin
(ii) new text endthe unfunded actuarial accrued liability of the
special fund deleted text beginshall deleted text endnew text beginmust new text endbe determined in accordance with the
provisions governing service pensions, retirement benefits, and
actuarial assumptions in effect before an applicable change;
deleted text begin
(ii) deleted text endnew text begin(iii) new text endthe level annual dollar contribution needed to
amortize this unfunded actuarial accrued liability amount by the
date for full funding in effect deleted text beginprior to deleted text endnew text beginbefore new text endthe change deleted text beginshall
deleted text endnew text begin
must new text endbe calculated using the interest assumption specified in
section 356.215, subdivision 8, in effect before any applicable
change;
deleted text begin
(iii) deleted text endnew text begin(iv) new text endthe unfunded actuarial accrued liability of the
special fund deleted text beginshall deleted text endnew text beginmust new text endbe determined in accordance with any new
provisions governing service pensions, retirement benefits, and
actuarial assumptions and the remaining provisions governing
service pensions, retirement benefits, and actuarial assumptions
in effect before an applicable change;
deleted text begin
(iv) deleted text endnew text begin(v) new text endthe level annual dollar contribution needed to
amortize the difference between the unfunded actuarial accrued
liability amount calculated deleted text beginpursuant to subclause (i) deleted text endnew text beginunder item
(ii) new text endand the unfunded actuarial accrued liability amount
calculated deleted text beginpursuant to subclause (iii) deleted text endnew text beginunder item (iv) new text endover a
period of 20 years starting December 31 of the year in which the
change is effective deleted text beginshall deleted text endnew text beginmust new text endbe calculated using the interest
assumption specified in section 356.215, subdivision 8, in
effect after any applicable change;
deleted text begin
(v) deleted text endnew text begin(vi) new text endthe annual amortization contribution calculated
deleted text begin
pursuant to subclause (iv) shall deleted text endnew text beginunder item (v) must new text endbe added to
the annual amortization contribution calculated deleted text beginpursuant to
subclause (ii) deleted text endnew text beginunder items (i) and (iii)new text end;
deleted text begin
(vi) deleted text endnew text begin(vii) new text endthe period in which the unfunded actuarial
accrued liability amount determined in deleted text beginsubclause (iii) deleted text endnew text beginitem (iv)
new text end
will be amortized by the total annual amortization contribution
computed deleted text beginpursuant to subclause (v) shall deleted text endnew text beginunder item (vi) must new text endbe
calculated using the interest assumption specified in section
356.215, subdivision 8, in effect after any applicable change,
rounded to the nearest integral number of years, but which deleted text beginshall
deleted text endnew text begin
must new text endnot exceed a period of 20 years from the end of the year in
which the determination of the date for full funding using this
procedure is made and which deleted text beginshall deleted text endnew text beginmust new text endnot be less than the
period of years beginning in the year in which the determination
of the date for full funding using this procedure is made and
ending by the date for full funding in effect before the change;
deleted text begin
(vii) deleted text endnew text begin(viii) new text endthe period determined deleted text beginpursuant to subclause
(vi) shall deleted text endnew text beginunder item (vii) must new text endbe added to the date as of
which the actuarial valuation was prepared and the resulting
date deleted text beginshall be deleted text endnew text beginis new text endthe new date for full funding.
Minnesota Statutes 2004, section 69.773,
subdivision 5, is amended to read:
new text begin(a) new text endThe officers
of the relief association shall determine the minimum obligation
of the municipality with respect to the special fund of the
relief association for the following calendar year deleted text beginprior to deleted text endnew text beginon
or before new text endAugust 1 of each year in accordance with the
requirements of this subdivision.
new text begin
(b) new text endThe minimum obligation of the municipality with respect
to the special fund deleted text beginshall be deleted text endnew text beginis new text endan amount equal to the financial
requirements of the special fund of the relief association
determined deleted text beginpursuant to deleted text endnew text beginunder new text endsubdivision 4, reduced by the
estimated amount of any fire state aid payable deleted text beginpursuant to deleted text endnew text beginunder
new text end
sections 69.011 to 69.051new text beginreasonably new text endanticipated to be received
by the municipality for transmittal to the special fund of the
relief association during the following year and the amount of
any anticipated contributions to the special fund new text beginrequired new text endby
the new text beginrelief association bylaws from the active new text endmembers of the
relief association new text beginreasonably anticipated to be received new text endduring
the following calendar year. new text beginA reasonable amount of anticipated
fire state aid is an amount that does not exceed the fire state
aid actually received in the prior year multiplied by the factor
1.035.
new text end
new text begin
(c) new text endThe officers of the relief association shall certify
the financial requirements of the special fund of the relief
association and the minimum obligation of the municipality with
respect to the special fund of the relief association as
determined deleted text beginpursuant to deleted text endnew text beginunder new text endsubdivision 4 and this subdivision
to the governing body of the municipality by August 1 of each
year. new text beginThe financial requirements of the relief association and
the minimum municipal obligation must be included in the
financial report or financial statement under section 69.051.
new text end
new text begin
(d) new text endThe municipality shall provide for at least the minimum
obligation of the municipality with respect to the special fund
of the relief association by tax levy or from any other source
of public revenue. The municipality may levy taxes for the
payment of the minimum municipal obligation without any
limitation as to rate or amount and irrespective of any
limitations imposed by other provisions of law or charter upon
the rate or amount of taxation until the balance of the special
fund or any fund of the relief association has attained a
specified level. In addition, any taxes levied deleted text beginpursuant to
deleted text endnew text begin
under new text endthis section deleted text beginshall deleted text endnew text beginmust new text endnot cause the amount or rate of
any other taxes levied in that year or to be levied in a
subsequent year by the municipality which are subject to a
limitation as to rate or amount to be reduced.
new text begin
(e) new text endIf the municipality does not include the full amount of
the minimum municipal obligation in its levy for any year, the
officers of the relief association shall certify that amount to
the county auditor, who shall spread a levy in the amount of the
minimum municipal obligation new text beginon the taxable property of the
municipalitynew text end.
new text begin
(f) If the state auditor determines that a municipal
contribution actually made in a plan year was insufficient under
section 69.771, subdivision 3, paragraph (c), clause (5), the
state auditor may request from the relief association or from
the city a copy of the certifications under this subdivision.
The relief association or the city, whichever applies, must
provide the certifications within 14 days of the date of the
request from the state auditor.
new text end
Minnesota Statutes 2004, section 69.775, is
amended to read:
new text begin
(a) new text endThe special fund assets of deleted text beginthe deleted text endnew text begina new text endrelief deleted text beginassociations
deleted text endnew text begin
association new text endgoverned by sections 69.771 to 69.776 must be
invested in securities that are authorized investments under
section 356A.06, subdivision 6 or 7.
new text begin
(b) new text endNotwithstanding the foregoing, up to 75 percent of the
market value of the assets of the new text beginspecial new text endfundnew text begin, not including
any money market mutual funds,new text endmay be invested in open-end
investment companies registered under the federal Investment
Company Act of 1940, if the portfolio investments of the
investment companies comply with the type of securities
authorized for investment under section 356A.06, subdivision 7.
new text begin
(c) new text endSecurities held by the associations before June 2,
1989, that do not meet the requirements of this section may be
retained after that date if they were proper investments for the
association on that date.
new text begin
(d) new text endThe governing board of the association may select and
appoint investment agencies to act for and in its behalf or may
certify special fund assets for investment by the State Board of
Investment under section 11A.17.
new text begin
(e) new text endThe governing board of the association may certify
general fund assets of the relief association for investment by
the State Board of Investment in fixed income pools or in a
separately managed account at the discretion of the State Board
of Investment as provided in section 11A.14.
new text begin
(f) new text endThe governing board of the association may select and
appoint a qualified private firm to measure management
performance and return on investment, and the firm shall use the
formula or formulas developed by the state board under section
11A.04, clause (11).
Minnesota Statutes 2004, section 356A.06,
subdivision 7, is amended to read:
(a) [AUTHORITY.] Except to the extent otherwise
authorized by law or bylaws, a covered pension plan not
described by subdivision 6, paragraph (a), may invest its assets
only in accordance with this subdivision.
(b) [SECURITIES GENERALLY.] The covered pension plan has
the authority to purchase, sell, lend, or exchange the
securities specified in paragraphs (c) to deleted text begin(g) deleted text endnew text begin(h)new text end, including
puts and call options and future contracts traded on a contract
market regulated by a governmental agency or by a financial
institution regulated by a governmental agency. These
securities may be owned as units in commingled trusts that own
the securities described in paragraphs (c) to deleted text begin(g) deleted text endnew text begin(h)new text end.
(c) [GOVERNMENT OBLIGATIONS.] The covered pension plan may
invest funds in governmental bonds, notes, bills, mortgages, and
other evidences of indebtedness provided the issue is backed by
the full faith and credit of the issuer or the issue is rated
among the top four quality rating categories by a nationally
recognized rating agency. The obligations in which funds may be
invested under this paragraph include guaranteed or insured
issues of (1) the United States, its agencies, its
instrumentalities, or organizations created and regulated by an
act of Congress; (2) Canada and its provinces, provided the
principal and interest is payable in United States dollars; (3)
the states and their municipalities, political subdivisions,
agencies, or instrumentalities; (4) the International Bank for
Reconstruction and Development, the Inter-American Development
Bank, the Asian Development Bank, the African Development Bank,
or any other United States government sponsored organization of
which the United States is a member, provided the principal and
interest is payable in United States dollars.
(d) [CORPORATE OBLIGATIONS.] The covered pension plan may
invest funds in bonds, notes, debentures, transportation
equipment obligations, or any other longer term evidences of
indebtedness issued or guaranteed by a corporation organized
under the laws of the United States or any state thereof, or the
Dominion of Canada or any province thereof if they conform to
the following provisions:
(1) the principal and interest of obligations of
corporations incorporated or organized under the laws of the
Dominion of Canada or any province thereof must be payable in
United States dollars; and
(2) obligations must be rated among the top four quality
categories by a nationally recognized rating agency.
(e) [OTHER OBLIGATIONS.] (1) The covered pension plan may
invest funds in bankers acceptances, certificates of deposit,
deposit notes, commercial paper, mortgage participation
certificates and pools, asset backed securities, repurchase
agreements and reverse repurchase agreements, guaranteed
investment contracts, savings accounts, and guaranty fund
certificates, surplus notes, or debentures of domestic mutual
insurance companies if they conform to the following provisions:
(i) bankers acceptances and deposit notes of United States
banks are limited to those issued by banks rated in the highest
four quality categories by a nationally recognized rating
agency;
(ii) certificates of deposit are limited to those issued by
(A) United States banks and savings institutions that are rated
in the highest four quality categories by a nationally
recognized rating agency or whose certificates of deposit are
fully insured by federal agencies; or (B) credit unions in
amounts up to the limit of insurance coverage provided by the
National Credit Union Administration;
(iii) commercial paper is limited to those issued by United
States corporations or their Canadian subsidiaries and rated in
the highest two quality categories by a nationally recognized
rating agency;
(iv) mortgage participation or pass through certificates
evidencing interests in pools of first mortgages or trust deeds
on improved real estate located in the United States where the
loan to value ratio for each loan as calculated in accordance
with section 61A.28, subdivision 3, does not exceed 80 percent
for fully amortizable residential properties and in all other
respects meets the requirements of section 61A.28, subdivision
3;
(v) collateral for repurchase agreements and reverse
repurchase agreements is limited to letters of credit and
securities authorized in this section;
(vi) guaranteed investment contracts are limited to those
issued by insurance companies or banks rated in the top four
quality categories by a nationally recognized rating agency or
to alternative guaranteed investment contracts where the
underlying assets comply with the requirements of this
subdivision;
(vii) savings accounts are limited to those fully insured
by federal agencies; and
(viii) asset backed securities must be rated in the top
four quality categories by a nationally recognized rating agency.
(2) Sections 16A.58, 16C.03, subdivision 4, and 16C.05 do
not apply to certificates of deposit and collateralization
agreements executed by the covered pension plan under clause
(1), item (ii).
(3) In addition to investments authorized by clause (1),
item (iv), the covered pension plan may purchase from the
Minnesota Housing Finance Agency all or any part of a pool of
residential mortgages, not in default, that has previously been
financed by the issuance of bonds or notes of the agency. The
covered pension plan may also enter into a commitment with the
agency, at the time of any issue of bonds or notes, to purchase
at a specified future date, not exceeding 12 years from the date
of the issue, the amount of mortgage loans then outstanding and
not in default that have been made or purchased from the
proceeds of the bonds or notes. The covered pension plan may
charge reasonable fees for any such commitment and may agree to
purchase the mortgage loans at a price sufficient to produce a
yield to the covered pension plan comparable, in its judgment,
to the yield available on similar mortgage loans at the date of
the bonds or notes. The covered pension plan may also enter
into agreements with the agency for the investment of any
portion of the funds of the agency. The agreement must cover
the period of the investment, withdrawal privileges, and any
guaranteed rate of return.
(f) [CORPORATE STOCKS.] The covered pension plan may
invest funds in stocks or convertible issues of any corporation
organized under the laws of the United States or the states
thereof, new text beginany corporation organized under the laws of new text endthe
Dominion of Canada or its provinces, or any corporation listed
on deleted text beginthe New York Stock Exchange or the American Stock Exchange deleted text endnew text beginan
exchange regulated by an agency of the United States or of the
Canadian national governmentnew text end, if they conform to the following
provisions:
(1) the aggregate value of corporate stock investments, as
adjusted for realized profits and losses, must not exceed 85
percent of the market or book value, whichever is less, of a
fund, less the aggregate value of investments according to
deleted text begin
subdivision 6 deleted text endnew text beginparagraph (h)new text end;
(2) investments must not exceed five percent of the total
outstanding shares of any one corporation.
(g) [EXCHANGE TRADED FUNDS.] new text beginThe covered pension plan may
invest funds in exchange traded funds, subject to the maximums,
the requirements, and the limitations set forth in paragraph
(d), (e), (f), or (h), whichever applies.
new text end
new text begin
(h) new text end[OTHER INVESTMENTS.] (1) In addition to the
investments authorized in paragraphs (b) to deleted text begin(f) deleted text endnew text begin(g)new text end, and subject
to the provisions in clause (2), the covered pension plan may
invest funds in:
(i) venture capital investment businesses through
participation in limited partnerships and corporations;
(ii) real estate ownership interests or loans secured by
mortgages or deeds of trust through investment in limited
partnerships, bank sponsored collective funds, trusts, and
insurance company commingled accounts, including separate
accounts;
(iii) regional and mutual funds through bank sponsored
collective funds and open-end investment companies registered
under the Federal Investment Company Act of 1940;
(iv) resource investments through limited partnerships,
private placements, and corporations; and
(v) international securities.
(2) The investments authorized in clause (1) must conform
to the following provisions:
(i) the aggregate value of all investments made according
to clause (1) may not exceed 35 percent of the market value of
the fund for which the covered pension plan is investing;
(ii) there must be at least four unrelated owners of the
investment other than the deleted text beginstate board deleted text endnew text begincovered pension plan new text endfor
investments made under clause (1), item (i), (ii), (iii), or
(iv);
(iii) covered pension plan participation in an investment
vehicle is limited to 20 percent thereof for investments made
under clause (1), item (i), (ii), (iii), or (iv); and
(iv) covered pension plan participation in a limited
partnership does not include a general partnership interest or
other interest involving general liability. The covered pension
plan may not engage in any activity as a limited partner which
creates general liability.
Minnesota Statutes 2004, section 424A.02,
subdivision 3, is amended to read:
(a) Annually
on or before August 1 as part of the certification of the
financial requirements and minimum municipal obligation
determined under section 69.772, subdivision 4, or 69.773,
subdivision 5, as applicable, the secretary or some other
official of the relief association designated in the bylaws of
each relief association shall calculate and certify to the
governing body of the applicable qualified municipality the
average amount of available financing per active covered
firefighter for the most recent three-year period. The amount
of available financing shall include any amounts of fire state
aid received or receivable by the relief association, any
amounts of municipal contributions to the relief association
raised from levies on real estate or from other available
revenue sources exclusive of fire state aid, and one-tenth of
the amount of assets in excess of the accrued liabilities of the
relief association calculated under section 69.772, subdivision
2; 69.773, subdivisions 2 and 4; or 69.774, subdivision 2, if
any.
(b) The maximum service pension which the relief
association has authority to provide for in its bylaws for
payment to a member retiring after the calculation date when the
minimum age and service requirements specified in subdivision 1
are met must be determined using the table in paragraph (c) or
(d), whichever applies.
(c) For a relief association where the governing bylaws
provide for a monthly service pension to a retiring member, the
maximum monthly service pension amount per month for each year
of service credited that may be provided for in the bylaws is
the new text begingreater of the service pension amount provided for in the
bylaws on the date of the calculation of the average amount of
the available financing per active covered firefighter or the
new text end
maximum service pension figure corresponding to the average
amount of available financing per active covered firefighter:
Minimum Average Amount of Maximum Service Pension
Available Financing per Amount Payable per Month
Firefighter for Each Year of Service
$... $ .25
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42 deleted text endnew text begin41new text end.50
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84 deleted text endnew text begin81 new text end1.00
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126 deleted text endnew text begin122 new text end1.50
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168 deleted text endnew text begin162 new text end2.00
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209 deleted text endnew text begin203 new text end2.50
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252 deleted text endnew text begin243 new text end3.00
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294 deleted text endnew text begin284 new text end3.50
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335 deleted text endnew text begin324 new text end4.00
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378 deleted text endnew text begin365 new text end4.50
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420 deleted text endnew text begin405 new text end5.00
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503 deleted text endnew text begin486 new text end6.00
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587 deleted text endnew text begin567 new text end7.00
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672 deleted text endnew text begin648 new text end8.00
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755 deleted text endnew text begin729 new text end9.00
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839 deleted text endnew text begin810 new text end10.00
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923 deleted text endnew text begin891 new text end11.00
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1007 deleted text endnew text begin972 new text end12.00
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1090 deleted text endnew text begin1053 new text end13.00
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1175 deleted text endnew text begin1134 new text end14.00
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1259 deleted text endnew text begin1215 new text end15.00
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1342 deleted text endnew text begin1296 new text end16.00
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1427 deleted text endnew text begin1377 new text end17.00
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1510 deleted text endnew text begin1458 new text end18.00
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1594 deleted text endnew text begin1539 new text end19.00
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1677 deleted text endnew text begin1620 new text end20.00
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1762 deleted text endnew text begin1701 new text end21.00
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1845 deleted text endnew text begin1782 new text end22.00
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1888 deleted text endnew text begin1823 new text end22.50
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1929 deleted text endnew text begin1863 new text end23.00
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2014 deleted text endnew text begin1944 new text end24.00
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2098 deleted text endnew text begin2025 new text end25.00
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2183 deleted text endnew text begin2106 new text end26.00
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2267 deleted text endnew text begin2187 new text end27.00
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2351 deleted text endnew text begin2268 new text end28.00
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2436 deleted text endnew text begin2349 new text end29.00
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2520 deleted text endnew text begin2430 new text end30.00
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2604 deleted text endnew text begin2511 new text end31.00
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2689 deleted text endnew text begin2592 new text end32.00
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2773 deleted text endnew text begin2673 new text end33.00
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2857 deleted text endnew text begin2754 new text end34.00
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2942 deleted text endnew text begin2834 new text end35.00
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3026 deleted text endnew text begin2916 new text end36.00
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3110 deleted text endnew text begin2997 new text end37.00
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3194 deleted text endnew text begin3078 new text end38.00
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3278 deleted text endnew text begin3159 new text end39.00
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3362 deleted text endnew text begin3240 new text end40.00
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3446 deleted text endnew text begin3321 new text end41.00
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3530 deleted text endnew text begin3402 new text end42.00
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3614 deleted text endnew text begin3483 new text end43.00
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3698 deleted text endnew text begin3564 new text end44.00
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3782 deleted text endnew text begin3645 new text end45.00
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3866 deleted text endnew text begin3726 new text end46.00
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3950 deleted text endnew text begin3807 new text end47.00
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4034 deleted text endnew text begin3888 new text end48.00
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4118 deleted text endnew text begin3969 new text end49.00
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4202 deleted text endnew text begin4050 new text end50.00
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4286 deleted text endnew text begin4131 new text end51.00
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4370 deleted text endnew text begin4212 new text end52.00
deleted text begin
Effective beginning December 31, 2003:
deleted text end
deleted text begin
4454 deleted text endnew text begin4293 new text end53.00
deleted text begin
4538 deleted text endnew text begin4374 new text end54.00
deleted text begin
4622 deleted text endnew text begin4455 new text end55.00
deleted text begin
4706 deleted text endnew text begin4536 new text end56.00
(d) For a relief association in which the governing bylaws
provide for a lump sum service pension to a retiring member, the
maximum lump sum service pension amount for each year of service
credited that may be provided for in the bylaws is the new text begingreater
of the service pension amount provided for in the bylaws on the
date of the calculation of the average amount of the available
financing per active covered firefighter or the new text endmaximum service
pension figure corresponding to the average amount of available
financing per active covered firefighter for the applicable
specified period:
Minimum Average Amount Maximum Lump Sum Service
of Available Financing Pension Amount Payable
per Firefighter for Each Year of Service
$.. $10
11 20
16 30
23 40
27 50
32 60
43 80
54 100
65 120
77 140
86 160
97 180
108 200
131 240
151 280
173 320
194 360
216 400
239 440
259 480
281 520
302 560
324 600
347 640
367 680
389 720
410 760
432 800
486 900
540 1000
594 1100
648 1200
702 1300
756 1400
810 1500
864 1600
918 1700
972 1800
1026 1900
1080 2000
1134 2100
1188 2200
1242 2300
1296 2400
1350 2500
1404 2600
1458 2700
1512 2800
1566 2900
1620 3000
1672 3100
1726 3200
1753 3250
1780 3300
1820 3375
1834 3400
1888 3500
1942 3600
1996 3700
2023 3750
2050 3800
2104 3900
2158 4000
2212 4100
2265 4200
2319 4300
2373 4400
2427 4500
2481 4600
2535 4700
2589 4800
2643 4900
2697 5000
2751 5100
2805 5200
2859 5300
2913 5400
2967 5500
3021 5600
3075 5700
3129 5800
3183 5900
3237 6000
3291 6100
3345 6200
3399 6300
3453 6400
3507 6500
3561 6600
3615 6700
3669 6800
3723 6900
3777 7000
deleted text begin
Effective beginning December 31, 2003:
deleted text end
3831 7100
3885 7200
3939 7300
3993 7400
4047 7500
(e) For a relief association in which the governing bylaws
provide for a monthly benefit service pension as an alternative
form of service pension payment to a lump sum service pension,
the maximum service pension amount for each pension payment type
must be determined using the applicable table contained in this
subdivision.
(f) If a relief association establishes a service pension
in compliance with the applicable maximum contained in paragraph
(c) or (d) and the minimum average amount of available financing
per active covered firefighter is subsequently reduced because
of a reduction in fire state aid or because of an increase in
the number of active firefighters, the relief association may
continue to provide the prior service pension amount specified
in its bylaws, but may not increase the service pension amount
until the minimum average amount of available financing per
firefighter under the table in paragraph (c) or (d), whichever
applies, permits.
(g) No relief association is authorized to provide a
service pension in an amount greater than the largest applicable
flexible service pension maximum amount even if the amount of
available financing per firefighter is greater than the
financing amount associated with the largest applicable flexible
service pension maximum.
Minnesota Statutes 2004, section 424A.02,
subdivision 4, is amended to read:
new text begin(a) new text endIf the bylaws governing the relief association so
provide exclusively, the relief association may pay a defined
contribution lump sum service pension in lieu of any defined
benefit service pension governed by subdivision 2.
new text begin
(b) new text endAn individual account for each firefighter who is a
member of the relief association deleted text beginshall deleted text endnew text beginmust new text endbe established. To
each individual new text beginactive new text endmember account deleted text beginshall deleted text endnew text beginmust new text endbe credited deleted text begina
right to deleted text endan equal share of: deleted text begin(a) deleted text endnew text begin(1) new text endany amounts of fire state
aid received by the relief association; deleted text begin(b) deleted text endnew text begin(2) new text endany amounts of
municipal contributions to the relief association raised from
levies on real estate or from other available revenue sources
exclusive of fire state aid; and deleted text begin(c) deleted text endnew text begin(3) new text endany amounts equal to
the share of the assets of the special fund to the credit
of: deleted text begin(1) deleted text endnew text begin(i) new text endany former member who terminated active service
with the fire department to which the relief association is
associated deleted text beginprior to deleted text endnew text beginbefore new text endmeeting the minimum service
requirement provided for in subdivision 1 and has not returned
to active service with the fire department for a period no
shorter than five years; or deleted text begin(2) deleted text endnew text begin(ii) new text endany retired member who
retired deleted text beginprior to deleted text endnew text beginbefore new text endobtaining a full nonforfeitable interest
in the amounts credited to the individual member
account deleted text beginpursuant to deleted text endnew text beginunder new text endsubdivision 2 and any applicable
provision of the bylaws of the relief association. In addition,
any deleted text begininterest or deleted text endinvestment deleted text beginincome earned deleted text endnew text beginreturn new text endon the assets of
the special fund deleted text beginshall deleted text endnew text beginmust new text endbe credited in proportion to the
share of the assets of the special fund to the credit of each
individual new text beginactive new text endmember account new text beginthrough the date on which the
investment return is recognized by and credited to the special
fundnew text end.
new text begin
(c) new text endAt the time of retirement deleted text beginpursuant to deleted text endnew text beginunder new text endsubdivision
1 and any applicable provision of the bylaws of the relief
association, a retiring member deleted text beginshall be deleted text endnew text beginis new text endentitled to that
portion of the assets of the special fund to the credit of the
member in the individual member account which is
nonforfeitable deleted text beginpursuant to deleted text endnew text beginunder new text endsubdivision 2 and any
applicable provision of the bylaws of the relief association
based on the number of years of service to the credit of the
retiring member.
Minnesota Statutes 2004, section 424A.02,
subdivision 7, is amended to read:
(a) A member of a
relief association deleted text beginto which this section applies deleted text endis entitled to
a deferred service pension if the member:
(1) has completed the lesser of the minimum period of
active service with the fire department specified in the bylaws
or 20 years of active service with the fire department;
(2) has completed at least five years of active membership
in the relief association; and
(3) separates from active service and membership before
reaching age 50 or the minimum age for retirement and
commencement of a service pension specified in the bylaws
governing the relief association if that age is greater than age
50.
(b) The deferred service pension deleted text beginstarts deleted text endnew text beginis payable new text endwhen the
former member reaches age 50new text begin,new text endor the minimum age specified in
the bylaws governing the relief association if that age is
greater than age 50new text begin,new text endand when the former member makes a valid
written application.
(c) A relief association that provides a lump sum service
pension new text begingoverned by subdivision 3 new text endmay, when its governing bylaws
so provide, pay interest on the deferred lump sum service
pension during the period of deferral. If provided for in the
bylaws, interest must be paid in one of the following manners:
(1) at the investment performance rate actually earned on
that portion of the assets if the deferred benefit amount is
invested by the relief association in a separate account
established and maintained by the relief association or if the
deferred benefit amount is invested in a separate investment
vehicle held by the relief association;
(2) at deleted text beginthe deleted text endnew text beginan new text endinterest rate of new text beginup to new text endfive percent,
compounded annuallynew text begin, as set by the board of directors and
approved as provided in subdivision 10new text end; or
(3) at a rate equal to the actual time weighted total rate
of return investment performance of the special fund as reported
by the Office of the State Auditor under section 356.219, up to
five percent, compounded annually, and applied consistently for
all deferred service pensioners.
deleted text begin
(d) deleted text endA relief association may not use the method provided
for in deleted text beginparagraph (c),deleted text endclause (3), until it has modified its
bylaws to be consistent with that clause.
new text begin
(d) Interest under paragraph (c), clause (2) or (3), is
payable from the first day of the month next following the date
on which the municipality has approved the deferred service
pension interest rate established by the board of trustees or
from the first day of the month next following the date on which
the member separated from active fire department service and
relief association membership, whichever is later, to the last
day of the month immediately before the month in which the
deferred member becomes eligible to begin receipt of the service
pension and applies for the deferred service pension.
new text end
(e) new text beginA relief association that provides a defined
contribution service pension may, if its governing bylaws so
provide, credit interest or additional investment performance on
the deferred lump sum service pension during the period of
deferral. If provided for in the bylaws, the interest must be
paid in one of the manners specified in paragraph (c) or
alternatively the relief association may credit any investment
return on the assets of the special fund of the defined
contribution volunteer firefighter relief association in
proportion to the share of the assets of the special fund to the
credit of each individual deferred member account through the
date on which the investment return is recognized by and
credited to the special fund.
new text end
new text begin
(f) new text endFor a deferred service pension that is transferred to a
separate account established and maintained by the relief
association or separate investment vehicle held by the relief
association, the deferred mem