SF 1293

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to retirement; teachers retirement 
  1.3             association; authorizing the teachers retirement 
  1.4             association to use a salary for pension purposes for a 
  1.5             certain teacher which is in excess of actual earnings. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [SALARY FOR PENSION PURPOSES ADJUSTMENT; 
  1.8   TEACHERS RETIREMENT ASSOCIATION.] 
  1.9      (a) On behalf of an eligible teacher specified in paragraph 
  1.10  (b), the teachers retirement association shall use the salary 
  1.11  for pension purposes specified in paragraph (c), if payment, if 
  1.12  applicable, under paragraph (d) is made. 
  1.13     (b) An eligible teacher is a teachers retirement 
  1.14  association member who: 
  1.15     (1) in 1982, while employed as a full-time teacher for the 
  1.16  Mounds View school district (independent school district No. 
  1.17  621), also accepted a part-time teaching position at Normandale 
  1.18  Community College; 
  1.19     (2) for the 2002-2003 school year provided teaching service 
  1.20  to Normandale Community College on a full-time basis and to 
  1.21  independent school district No. 621 on a part-time basis; and 
  1.22     (3) had a petition heard by the teachers retirement 
  1.23  association board of directors on September 12, 2002, relating 
  1.24  to the teacher's removal from the qualified part-time teacher 
  1.25  program under Minnesota Statutes, section 354.66, due to a 
  2.1   failure to meet that program's eligibility requirements. 
  2.2      (c) Notwithstanding the board's findings of fact, 
  2.3   conclusions of law, and final order to the contrary, and 
  2.4   Minnesota Statutes, sections 354.05, subdivision 35; 354.44, 
  2.5   subdivision 6; and 354.66 to the contrary, for the 2001-2002 
  2.6   school year, the teachers retirement association will use a 
  2.7   salary for pension purposes of $89,187. 
  2.8      (d) If the salary upon which contributions were made by an 
  2.9   eligible teacher under paragraph (b) as recognized in the 
  2.10  records of the teachers retirement association on the effective 
  2.11  date of this act is less than the salary amount stated in 
  2.12  paragraph (c), an eligible teacher under paragraph (b) must make 
  2.13  an additional lump sum contribution to be computed by the 
  2.14  teachers retirement association and including 8.5 percent 
  2.15  interest computed from January 1, 2002, until the end of the 
  2.16  month in which payment occurs, based on the difference between 
  2.17  the salary recognized in the records of the teachers retirement 
  2.18  association on the effective date of this act and the amount 
  2.19  specified in paragraph (c).  This lump sum contribution amount 
  2.20  is to be determined using the applicable employee and employer 
  2.21  contribution rate specified in Minnesota Statutes, section 
  2.22  354.42, subdivisions 2 and 3.  If this paragraph applies and the 
  2.23  required contribution is not made by September 1, 2003, or 
  2.24  before the effective date of retirement, whichever is earlier, 
  2.25  this section is voided. 
  2.26     Sec. 2.  [EFFECTIVE DATE.] 
  2.27     Section 1 is effective on the day following final enactment.