Minnesota Legislature
SF 765
as introduced - 88th Legislature (2013 - 2014) Posted on 02/26/2013 08:56am
Current Version - as introduced
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A bill for an act
relating to retirement; Minnesota State Colleges and University System faculty
members; increasing the maximum for the annuitant retire-to-work provision;
amending Minnesota Statutes 2012, sections 352.1155, subdivisions 1, 4;
354.445; 354A.31, subdivision 3a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, section 352.1155, subdivision 1, is amended to read:
Subdivision 1.
Eligibility.
Except as indicated in subdivision 4, the annuity
reduction provisions of section 352.115, subdivision 10, do not apply to a person who:
(1) retires from the Minnesota State Colleges and Universities system with at least
ten years of combined service credit in a system under the jurisdiction of the Board of
Trustees of the Minnesota State Colleges and Universities;
(2) was employed on a full-time basis immediately preceding retirement as a faculty
member or as an unclassified administrator in that system;
(3) begins drawing an annuity from the general state employees retirement plan of
the Minnesota State Retirement System; and
(4) returns to work on not less than a one-third time basis and not more than a
two-thirds time basis in the system from which the person retired under an agreement in
which the person may not deleted text begin earn a salary of more than $46,000deleted text end new text begin be employed for more
than two-thirds of a full-time basis new text end in a calendar year deleted text begin fromdeleted text end new text begin throughnew text end employment after
retirement in the system from which the person retired.
Sec. 2.
Minnesota Statutes 2012, section 352.1155, subdivision 4, is amended to read:
Subd. 4.
Exemption limit.
For a person eligible under this section who deleted text begin earns more
than $46,000deleted text end new text begin is employed in excess of two-thirds of a full-time basis new text end in a calendar year deleted text begin from
deleted text end new text begin throughnew text end reemployment in the Minnesota State Colleges and Universities system following
retirement, the annuity reduction provisions of section 352.115, subdivision 10, apply only
to income deleted text begin over $46,000deleted text end new text begin for employment in excess of two-thirds of a full-time basisnew text end .
Sec. 3.
Minnesota Statutes 2012, section 354.445, is amended to read:
354.445 NO ANNUITY REDUCTION.
(a) The annuity reduction provisions of section 354.44, subdivision 5, do not apply
to a person who:
(1) retires from the Minnesota State Colleges and Universities system with at least
ten years of combined service credit in a system under the jurisdiction of the Board of
Trustees of the Minnesota State Colleges and Universities;
(2) was employed on a full-time basis immediately preceding retirement as a faculty
member or as an unclassified administrator in that system;
(3) begins drawing an annuity from the teachers retirement association; and
(4) returns to work on not less than a one-third time basis and not more than a
two-thirds time basis in the system from which the person retired under an agreement in
which the person may not deleted text begin earn a salary of more than $46,000deleted text end new text begin be employed for more
than two-thirds of a full-time basis new text end in a calendar year deleted text begin fromdeleted text end new text begin throughnew text end employment after
retirement in the system from which the person retired.
(b) Initial participation, the amount of time worked, and the duration of participation
under this section must be mutually agreed upon by the president of the institution where
the person returns to work and the employee. The president may require up to one-year
notice of intent to participate in the program as a condition of participation under this
section. The president shall determine the time of year the employee shall work. The
employer or the president may not require a person to waive any rights under a collective
bargaining agreement as a condition of participation under this section.
(c) Notwithstanding any law to the contrary, a person eligible under paragraphs (a)
and (b) may not, based on employment to which the waiver in this section applies, earn
further service credit in a Minnesota public defined benefit plan and is not eligible to
participate in a Minnesota public defined contribution plan, other than a volunteer fire plan
governed by chapter 424A. No employer or employee contribution to any of these plans
may be made on behalf of such a person.
(d) For a person eligible under paragraphs (a) and (b) who deleted text begin earns more than $46,000
deleted text end new text begin is employed in excess of two-thirds of a full-time basis new text end in a calendar year deleted text begin fromdeleted text end new text begin through
new text end employment after retirement due to employment by the Minnesota state colleges and
universities system, the annuity reduction provisions of section 354.44, subdivision 5, apply
only to income deleted text begin over $46,000deleted text end new text begin for employment in excess of two-thirds of a full-time basisnew text end .
(e) A person who returns to work under this section is a member of the appropriate
bargaining unit and is covered by the appropriate collective bargaining contract. Except
as provided in this section, the person's coverage is subject to any part of the contract
limiting rights of part-time employees.
Sec. 4.
Minnesota Statutes 2012, section 354A.31, subdivision 3a, is amended to read:
Subd. 3a.
No annuity reduction.
(a) The annuity reduction provisions of
subdivision 3 do not apply to a person who:
(1) retires from the technical college system with at least ten years of service credit
in the system from which the person retires;
(2) was employed on a full-time basis immediately preceding retirement as a
technical college faculty member;
(3) begins drawing an annuity from a first class city teachers retirement association;
and
(4) returns to work on not less than a one-third time basis and not more than a
two-thirds time basis in the technical college system under an agreement in which the
person may not deleted text begin earn a salary of more than $46,000deleted text end new text begin be employed for more than two-thirds
of a full-time basis new text end in a calendar year deleted text begin fromdeleted text end new text begin throughnew text end the technical college system.
(b) Initial participation, the amount of time worked, and the duration of participation
under this section must be mutually agreed upon by the employer and the employee. The
employer may require up to a one-year notice of intent to participate in the program as a
condition of participation under this section. The employer shall determine the time
of year the employee shall work.
(c) Notwithstanding any law to the contrary, a person eligible under paragraphs
(a) and (b) may not earn further service credit in a first class city teachers retirement
association and is not eligible to participate in the individual retirement account plan or
the supplemental retirement plan established in chapter 354B as a result of service under
this section. No employer or employee contribution to any of these plans may be made on
behalf of such a person.
Sec. 5. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 4 are effective July 1, 2013.
new text end