Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature
Office of the Revisor of Statutes

SF 4070

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/17/2022 10:39am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
Pdf Rtf

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21
1.22
2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11
2.12
2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25
2.26

A bill for an act
 relating to retirement; State Patrol retirement plan; eliminating the cap on accruals;
amending Minnesota Statutes 2020, sections 352B.011, subdivision 4; 352B.08,
subdivision 2; 352B.11, subdivision 1.

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

Section 1.

Minnesota Statutes 2020, section 352B.011, subdivision 4, is amended to read:


Subd. 4.

Average monthly salary.

(a) Subject to the limitations of section 356.611,
"average monthly salary" means the average of the highest monthly salaries for five years
of service as a member upon which contributions were deducted from pay under section
352B.02, or upon which appropriate contributions or payments were made to the fund to
receive allowable service and salary credit as specified under the applicable law. Average
monthly salary must be based upon all allowable service if this service is less than five
years.

(b) The salary used for the calculation of "average monthly salary" means the salary of
the member as defined in section 352.01, subdivision 13. deleted text begin "Average monthly salary" includes
the salary of the member during the period of covered employment rendered after reaching
the allowable service credit limit of section 352B.08, subdivision 2, paragraph (b).deleted text end The
salary used for the calculation of "average monthly salary" does not include any lump-sum
annual leave payments and overtime payments made at the time of separation from state
service, any amounts of severance pay, or any reduced salary paid during the period the
person is entitled to workers' compensation benefit payments for temporary disability.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2020, section 352B.08, subdivision 2, is amended to read:


Subd. 2.

Normal retirement annuity.

deleted text begin (a)deleted text end The annuity must be paid in monthly
installments. The annuity is equal to the amount determined by multiplying the average
monthly salary of the member by 3.0 percent for each year of allowable service and prorated
for additional completed months of allowable servicedeleted text begin , unless restricted under paragraph (b)deleted text end .

deleted text begin (b) Allowable service in excess of 33 years must not be used in computing the annuity.
This restriction does not apply to any member who has at least 28 years of allowable service
before July 1, 2013.
 deleted text end

deleted text begin (c) When the annuity commences, any member contributions attributable to allowable
service not used to compute the annuity due to the restrictions in paragraph (b) must be
refunded using procedures specified in section 352B.11, subdivision 1.
 deleted 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

Sec. 3.

Minnesota Statutes 2020, section 352B.11, subdivision 1, is amended to read:


Subdivision 1.

Refund of payments.

(a) A member who has not received other benefits
under this chapter is entitled to a refund of payments made by salary deduction, plus interest,
if the member is separated, either voluntarily or involuntarily, from the state service that
entitled the member to membership.

deleted text begin (b) A refund under section 352B.08, subdivision 2, paragraph (c), does not result in a
forfeiture of salary credit for the allowable service credit covered by the refund.
 deleted text end

deleted text begin (c)deleted text end new text begin (b) new text end In the event of the member's death, if there are no survivor benefits payable under
this chapter, a refund plus interest is payable to the last designated beneficiary on a form
filed with the director before death, or if no designation is filed, is payable to the member's
estate. Interest under this subdivision must be calculated as provided in section 352.22,
subdivision 2. To receive a refund, the application must be made on a form prescribed by
the executive director.

new text begin EFFECTIVE DATE. new text end

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