Minnesota Legislature
SF 2957
2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/17/2022 02:42pm
Current Version - 2nd Engrossment
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A bill for an act
relating to retirement; Minnesota State Retirement System; Public Employees
Retirement Association; permitting payment of retirement annuities during
employment as a health care worker; amending Laws 2020, chapter 79, article 5,
section 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Laws 2020, chapter 79, article 5, section 1, is amended to read:
Section 1. PERMITTING PAYMENT OF RETIREMENT ANNUITY DURING
PERIOD OF EMPLOYMENT AS A HEALTH CARE WORKER deleted text begin DURING A
PEACETIME EMERGENCYdeleted text end .
Subdivision 1.
Definitions.
For purposes of this section:
(1) "health care worker" means a person, whether licensed or unlicensed, employed by
a public employer deleted text begin during a peacetime emergencydeleted text end to provide health care, health-care-related
services, or long-term carenew text begin , including any person who provides operational support to a
direct patient care environmentnew text end ;
deleted text begin
(2) "peacetime emergency" means any peacetime emergency declared by the governor
in an executive order that relates to the infectious disease known as COVID-19;
deleted text end
new text begin
(2) "phased retirement agreement" means an agreement described in Minnesota Statutes,
section 353.371, between an employee, who is at least age 62, and the employee's public
employer;
new text end
new text begin
(3) "postretirement option position" means the position filled by a terminated state
employee who returns to employment with a public employer under Minnesota Statutes,
section 43A.346;
new text end
deleted text begin (3)deleted text end new text begin (4) new text end "public employer" means any political subdivision or executive branch agency
of the state, including any county, municipality, deleted text begin anddeleted text end Hennepin Healthcare System, Inc.new text begin , and
any other employer participating in a pension plan administered by the Minnesota State
Retirement System or the Public Employees Retirement Associationnew text end ; and
deleted text begin
(4) "reemployment year" means the 12-month period that a person is covered by a phased
retirement agreement under Minnesota Statutes, section 353.371, or in a postretirement
option position under Minnesota Statutes, section 43A.346.
deleted text end
new text begin
(5) "retiree" means a person who is retired or was considered retired under a pension
plan administered by the Public Employees Retirement Association or the Minnesota State
Retirement System and is receiving or is about to begin receiving a retirement annuity from
such a pension plan. A person who has terminated public service covered by the pension
plan and has satisfied the conditions to begin receiving a retirement annuity is considered
a retiree.
new text end
new text begin Subd. 1a. new text end
new text begin
Health care workers to continue receiving retirement
annuity.
new text end
new text begin
Notwithstanding any state law to the contrary, a person who is receiving a retirement
annuity and is employed by a public employer as a health care worker on or after March
13, 2020, must continue to receive the retirement annuity as provided in subdivision 2 or
3, as applicable, and the person's annuity must not be suspended or reduced due to
employment as a health care worker. A person is considered employed as a health care
worker on or after March 13, 2020, if the person was hired by a public employer before
March 13, 2020, and the person was a health care worker on or after March 13, 2020.
new text end
Subd. 2.
deleted text begin Health care workers to continue receiving retirement annuitiesdeleted text end new text begin No earnings
limitations or annuity reduction or suspension for retireesnew text end .
deleted text begin
(a) Notwithstanding any law
to the contrary, a person is entitled to continue to receive a retirement annuity if the person:
deleted text end
deleted text begin
(1) is receiving a retirement annuity and has not been employed in public service for at
least 30 days or has been retired for at least 30 days and is about to begin receiving a
retirement annuity from any of the pension plans administered by the Public Employees
Retirement Association or from any of the pension plans administered by the Minnesota
State Retirement System; and
deleted text end
deleted text begin (2) is hired or rehired by a public employer as a health care worker on or after the effective
date of a declaration of a peacetime emergencydeleted text end .
new text begin
(a) A retiree must continue or begin to receive a retirement annuity if the retiree would
otherwise be entitled to continue or begin to receive a retirement annuity had the person
not become employed by a public employer as a health care worker.
new text end
(b) A deleted text begin person described in paragraph (a)deleted text end new text begin retiree new text end is not subject to the provisions of
Minnesota Statutes, section 352.115, subdivision 10, or 353.37, new text begin including any provisions
that limit the number of hours or percentage of time worked, salary earned, or any other
pay of any kind, new text end and the monthly amount of the deleted text begin person'sdeleted text end new text begin retiree's new text end retirement annuity deleted text begin shalldeleted text end
new text begin must new text end not deleted text begin changedeleted text end new text begin be reduced or suspendednew text end as a result of employment deleted text begin during a peacetime
emergencydeleted text end new text begin covered by this sectionnew text end , notwithstanding deleted text begin thedeleted text end additional hours and new text begin higher
new text end percentage of time workednew text begin , salary earned, or any other pay of any kind receivednew text end by the
deleted text begin persondeleted text end new text begin retireenew text end .
(c) deleted text begin Notwithstanding any law to the contrary,deleted text end A public employer may hire or rehire a
deleted text begin persondeleted text end new text begin retiree new text end under this deleted text begin subdivisiondeleted text end new text begin section new text end without deleted text begin eitherdeleted text end the public employer or the deleted text begin persondeleted text end
new text begin retiree new text end having to enter into or comply with the requirements of Minnesota Statutes, section
43A.346 or 353.371.
Subd. 3.
No limitation on hours or percentage of time worked new text begin or duration of
employment new text end under a postretirement option.
(a) A deleted text begin health care workerdeleted text end new text begin person described
in subdivision 1a new text end who deleted text begin entereddeleted text end new text begin enters new text end into a phased retirement agreement under Minnesota
Statutes, section 353.371, before deleted text begin the effective date of this sectiondeleted text end new text begin , on, or after May 13, 2020new text end ,
or deleted text begin has beendeleted text end new text begin is new text end employed in a postretirement option position under Minnesota Statutes, section
43A.346, deleted text begin sincedeleted text end before deleted text begin the effective date of this sectiondeleted text end new text begin , on, or after May 13, 2020new text end , shall not
be subject to any limitation on the number of hours or percentage of time workednew text begin , salary
earned, any other pay of any kind, or duration of employmentnew text end imposed by Minnesota Statutes,
section 43A.346 or 353.371, as applicabledeleted text begin , during any reemployment year that includes the
date on which this section expiresdeleted text end .
(b) deleted text begin Upon the expiration of a peacetime emergency,deleted text end The health care worker deleted text begin shalldeleted text end new text begin must
new text end continue to be covered by the phased retirement agreement or continue employment in the
postretirement option position, as applicable, if the health care worker elects to continue
employment, new text begin subject to the consent of the public employer, new text end except that the limitation on
the number of hours or percentage of time worked shall not apply until the deleted text begin reemploymentdeleted text end
year that begins deleted text begin after the reemployment year that includes the date on which this section
expiresdeleted text end new text begin after the expiration date in subdivision 4new text end .
(c) The period of employment deleted text begin during a peacetime emergency shalldeleted text end new text begin covered by this
section may new text end be added to and deleted text begin shalldeleted text end extend the period of employment governed by the phased
retirement agreement under Minnesota Statutes, section 353.371, subdivision 4, or in a
postretirement option position under Minnesota Statutes, section 43A.346, subdivision 6,
as applicablenew text begin , if elected by the health care worker, with the consent of the public employernew text end .
(d) The requirements of Minnesota Statutes, sections 43A.346 and 353.371, prohibiting
the crediting of additional service toward the health care worker's annuity and prohibiting
the making of employee or employer contributions during employment covered by a phased
retirement agreement or in a postretirement option position, as applicable, shall apply during
deleted text begin a peacetime emergencydeleted text end new text begin employment covered by this sectionnew text end . The monthly amount of the
health care worker's retirement annuity shall not deleted text begin changedeleted text end new text begin be reduced or suspended new text end as a result
of new text begin such new text end employmentdeleted text begin during a peacetime emergencydeleted text end , notwithstanding any increase in the
hours and percentage of time worked by the health care worker.
(e) Nothing in this section shall be considered as terminating (1) a phased retirement
agreement under Minnesota Statutes, section 353.371, or (2) the employment of a health
care worker in a postretirement option position under Minnesota Statutes, section 43A.346.
Subd. 4.
Expiration date.
This section expires on December 31 deleted text begin of the year in which
the peacetime emergency expires or is terminated or rescinded by proper authoritydeleted text end new text begin , 2023new 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