HF 4553

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/25/2024 03:39pm

A bill for an act
relating to retirement; State Patrol retirement plan; adding a new section to codify
the right to return to employment and continue receiving an annuity; proposing
coding for new law in Minnesota Statutes, chapter 352B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [352B.115] REEMPLOYMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Return to employment. new text end

new text begin (a) A member of the State Patrol retirement
plan who has separated from service and is receiving an annuity under section 352B.08 or
has applied to receive an annuity under section 352B.08 may return to employment in a
position covered by the State Patrol retirement plan as early as:
new text end

new text begin (1) the second day after separation from service if the member is at least age 55; or
new text end

new text begin (2) the 31st day after separation from service if the member is at least age 50 but not yet
age 55.
new text end

new text begin (b) The executive director must seek repayment of any annuity payments made to a
member who returns to employment before the earliest day under paragraph (a), clause (1)
or (2), as applicable. The executive director may waive the repayment requirement if the
member's failure to comply with paragraph (a), clause (1) or (2), as applicable, was
inadvertent or due to no fault of the member.
new text end

new text begin Subd. 2. new text end

new text begin Effect on annuity. new text end

new text begin (a) A member's return to employment under subdivision 1
does not impact the member's continued receipt of an annuity or commencement of annuity
payments.
new text end

new text begin (b) During the period of reemployment:
new text end

new text begin (1) the amount of the annuity must not increase or decrease as a result of the
reemployment;
new text end

new text begin (2) the member must make member contributions as required under section 352B.02,
subdivisions 1a and 1b, during the period of reemployment; and
new text end

new text begin (3) the member's employer must make employer and supplemental contributions as
required under section 352B.02, subdivision 1c.
new text end

new text begin Subd. 3. new text end

new text begin Separation from service after period of reemployment. new text end

new text begin The executive director
must refund the member's contributions made during the period of reemployment, plus
interest, following the member's separation from service after the period of reemployment.
new text end

new text begin Subd. 4. new text end

new text begin Other law not applicable. new text end

new text begin Section 352.115, subdivision 10, does not apply to
a member of the State Patrol retirement plan who returns to employment under this section.
new text end

new text begin Subd. 5. new text end

new text begin Effect on mandatory retirement age. new text end

new text begin A member's right to reemployment
under subdivision 1 does not extend or affect the application of the mandatory retirement
age under section 43A.34.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end