SF 1714

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

  1.1                          A bill for an act 
  1.2             relating to retirement; teachers retirement 
  1.3             association; authorizing a delayed application for 
  1.4             disability benefits and providing for retroactive 
  1.5             benefit entitlement for certain retired members. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [CORRECTIVE LEGISLATION FOR CERTAIN RETIRED 
  1.8   TEACHERS.] 
  1.9      Subdivision 1.  [ENTITLEMENT.] A retired member of the 
  1.10  teachers retirement association who: 
  1.11     (1) was born on October 28, 1931; 
  1.12     (2) terminated active service as a teacher for independent 
  1.13  school district No. 622, North St. Paul-Maplewood, on October 
  1.14  28, 1991; 
  1.15     (3) applied for a teachers retirement association 
  1.16  retirement annuity under Minnesota Statutes, section 354.44, 
  1.17  subdivision 6, clause (2), on March 23, 1992; and 
  1.18     (4) applied for and has been awarded a federal Social 
  1.19  Security program disability benefit; 
  1.20  may apply for and, if otherwise qualified, receive disability 
  1.21  benefits from the teachers retirement association as provided in 
  1.22  subdivision 2.  Benefits shall be retroactive to November 1, 
  1.23  1991, as provided in subdivision 3. 
  1.24     Subd. 2.  [AUTHORIZATION TO APPLY FOR A DISABILITY 
  1.25  BENEFIT.] Notwithstanding the application time limitation set 
  2.1   forth in Minnesota Statutes, section 354.48, subdivision 2, the 
  2.2   status of the person as an annuitant, and any other applicable 
  2.3   provision of Minnesota Statutes, chapter 354, the person 
  2.4   described in subdivision 1 may apply for a disability benefit 
  2.5   from the association and, if determined to be totally and 
  2.6   permanently disabled as defined in Minnesota Statutes, section 
  2.7   354.05, subdivision 14, shall receive a disability benefit as 
  2.8   provided under Minnesota Statutes, section 354.48, in lieu of 
  2.9   any other annuity or benefit the person may be receiving from 
  2.10  the association.  If the disability benefit is a greater amount 
  2.11  than the previously received annuity or benefit from the 
  2.12  association, payment of the difference for the period since the 
  2.13  date on which the previous annuity or benefit initially accrued 
  2.14  must be made as soon as practicable following the effective date 
  2.15  of this section by the association and any postretirement 
  2.16  adjustments granted from the Minnesota postretirement investment 
  2.17  during the interval must be appropriately recalculated. 
  2.18     Subd. 3.  [RETROACTIVE ANNUITY OR BENEFIT 
  2.19  ENTITLEMENT.] Notwithstanding the time limits and requirements 
  2.20  set forth in Minnesota Statutes, section 354.44, subdivision 4, 
  2.21  or any other applicable provision of Minnesota Statutes, chapter 
  2.22  354, the person described in subdivision 1 shall be paid the 
  2.23  applicable annuity or benefit for the period November 1, 1991 to 
  2.24  March 31, 1992.  The applicable annuity or benefit is a 
  2.25  disability benefit if the person qualifies for a disability 
  2.26  benefit under subdivision 2, or is a retirement annuity if the 
  2.27  person does not qualify.  The retroactive annuity or benefit is 
  2.28  payable with the first annuity or benefit payable following the 
  2.29  effective date of this section. 
  2.30     Subd. 4.  [RECOGNITION OF OPTIONAL ANNUITY FORM 
  2.31  ELECTION.] Any optional annuity form election by the person 
  2.32  described in this section applies to any benefit or annuity 
  2.33  payment under this section. 
  2.34     Sec. 2.  [EFFECTIVE DATE.] 
  2.35     Section 1 is effective on the day following final enactment.