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Key: (1) language to be deleted (2) new language

CHAPTER 34--S.F.No. 2957

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

Presented to the governor March 3, 2022

Signed by the governor March 4, 2022, 3:00 p.m.

Official Publication of the State of Minnesota
Revisor of Statutes