1999 Minnesota Statutes

CHAPTER 352B. State troopers, retirement

     352B.01 Definitions. 

    Subdivision 1.    Scope.  In this chapter, the terms 
 defined in this section have the meanings given them. 

    Subd. 2.    Member.  "Member" means: 

    (a) persons referred to and employed after June 30, 1943, 
 under Laws 1929, chapter 355, as amended or supplemented, 
 currently employed by the state, whose salaries or compensation 
 is paid out of state funds; 

    (b) a conservation officer employed under section 97A.201, 
 currently employed by the state, whose salary or compensation is 
 paid out of state funds; 

    (c) a crime bureau officer who was employed by the crime 
 bureau and was a member of the highway patrolmen's retirement 
 fund on July 1, 1978, whether or not that person has the power 
 of arrest by warrant after that date, or who is employed as 
 police personnel, with powers of arrest by warrant under section 
 299C.04, and who is currently employed by the state, and whose 
 salary or compensation is paid out of state funds; 

    (d) a person who is employed by the state in the department 
 of public safety in a data processing management position with 
 salary or compensation paid from state funds, who was a crime 
 bureau officer covered by the state patrol retirement plan on 
 August 15, 1987, and who was initially hired in the data 
 processing management position within the department during 
 September 1987, or January 1988, with membership continuing for 
 the duration of the person's employment in that position, 
 whether or not the person has the power of arrest by warrant 
 after August 15, 1987; and 

    (e) public safety employees defined as peace officers in 
 section 626.84, subdivision 1, paragraph (c), and employed with 
 the division of alcohol and gambling enforcement under section 
 299L.01.  

    Subd. 2a. Repealed, 1993 c 307 art 7 s 1 

    Subd. 3.    Allowable services.  "Allowable service" 
 means:  

    (a) for members defined in subdivision 2, clause (a), 
 service for which payments have been made to the state patrol 
 retirement fund, and 

    (b) for members defined in subdivision 2, clauses (b) and 
 (c), service for which payments have been made to the state 
 patrol retirement fund, service for which payments were made to 
 the state police officers retirement fund after June 30, 1961, 
 and all prior service which was credited to a member for service 
 on or before June 30, 1961.  

 Allowable service also includes any period of absence from duty 
 by a member who, by reason of injury incurred in the performance 
 of duty, is temporarily disabled and for which disability the 
 state is liable under the workers' compensation law, until the 
 date authorized by the executive director for commencement of 
 payment of a disability benefit or return to employment.  

    Subd. 4.    Department head.  "Department head" means 
 the head of any department, institution, or branch of the state 
 service that directly pays salaries from state funds to a member 
 who prepares, approves, and submits salary abstracts of 
 employees to the commissioner of finance and state treasurer. 

    Subd. 5.  Repealed, 1975 c 368 s 51 

    Subd. 6.    Accumulated deductions.  "Accumulated 
 deductions" means the total sums deducted from the salary of a 
 member and the total amount of assessments paid by a member in 
 place of deductions, and credited to the member's individual 
 account, without interest. 

    Subd. 7.    Fund.  "Fund" means the state patrol 
 retirement fund. 

    Subd. 8. Repealed, 1983 c 128 s 36 

    Subd. 9.    Surviving spouse.  "Surviving spouse" means 
 a member's or former member's legally married spouse who resided 
 with the member or former member at the time of death and was 
 married to the member or former member, for a period of at least 
 one year, during or before the time of membership. 

    Subd. 10.    Dependent child.  "Dependent child" means a 
 natural or adopted unmarried child of a deceased member under 
 the age of 18 years, including any child of the member conceived 
 during the lifetime of the member and born after the death of 
 the member. 

    Subd. 11.    Average monthly salary.  "Average monthly 
 salary" means the average of the highest monthly salaries for 
 five years of service as a member.  Average monthly salary must 
 be based upon all allowable service if this service is less than 
 five years.  It does not include 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.  A member on leave of absence receiving temporary 
 workers' compensation payments and a reduced salary or no salary 
 from the employer who is entitled to allowable service credit 
 for the period of absence may make payment to the fund for the 
 difference between salary received, if any, and the salary the 
 member would normally receive if not on leave of absence during 
 the period.  The member shall pay an amount equal to the member 
 and employer contribution rate under section 352B.02, 
 subdivisions 1b and 1c, on the differential salary amount for 
 the period of the leave of absence.  The employing department, 
 at its option, may pay the employer amount on behalf of the 
 member.  Payment made under this subdivision must include 
 interest at the rate of 8.5 percent per year, and must be 
 completed within one year of the return from the leave of 
 absence. 

    HIST: 1943 c 637 s 12; 1973 c 178 s 1; 1973 c 492 s 14; 1977 c 
 429 s 14; 1978 c 720 s 4; 1979 c 262 s 1; 1981 c 37 s 2; 1981 c 
 224 s 274; 1983 c 128 s 17-19; 1986 c 386 art 4 s 26; 1986 c 
 444; 1987 c 229 art 7 s 1; 1987 c 259 s 21; 1989 c 319 art 13 s 
 24; 1990 c 570 art 1 s 3; 1993 c 307 art 2 s 11; art 3 s 5; 1997 
 c 129 art 2 s 15 

     352B.02 State patrol retirement fund. 

    Subdivision 1.    Fund created; membership.  A state 
 patrol retirement fund is established.  Its membership consists 
 of all persons defined in section 352B.01, subdivision 2. 

    Subd. 1a.    Member contributions.  Each member shall 
 pay a sum equal to 8.40 percent of the member's salary, which 
 shall constitute the member contribution to the fund.  

    Subd. 1b.    Salary deductions.  Member contribution 
 amounts must be deducted each pay period by the department head, 
 who shall have the total amount of the deductions paid to the 
 state treasurer for deposit in the state patrol retirement fund, 
 and have a detailed report of all deductions made each pay 
 period to the executive director of the Minnesota state 
 retirement system.  

    Subd. 1c.    Employer contributions.  In addition to 
 member contributions, department heads shall pay a sum equal to 
 12.60 percent of the salary upon which deductions were made, 
 which shall constitute the employer contribution to the fund.  
 Department contributions must be paid out of money appropriated 
 to departments for this purpose. 

    Subd. 1d.    Fund revenue and expenses.  The amounts 
 provided for in this section must be credited to the state 
 patrol retirement fund.  All money received must be deposited by 
 the state treasurer in the state patrol retirement fund.  The 
 fund must be used to pay the administrative expenses of the 
 retirement fund, and the benefits and annuities provided in this 
 chapter.  Appropriate amounts shall be transferred to or 
 withdrawn from the Minnesota postretirement investment fund as 
 provided in section 352B.26.  

    Subd. 1e.    Audit; actuarial valuation.  The 
 legislative auditor shall audit the fund.  Any actuarial 
 valuation of the fund required under section 356.215 shall be 
 prepared by the actuary retained by the legislative commission 
 on pensions and retirement.  Any approved actuary retained by 
 the executive director under section 352.03, subdivision 6, may 
 perform actuarial valuations and experience studies to 
 supplement those performed by the commission-retained actuary.  
 Any supplemental actuarial valuation or experience studies shall 
 be filed with the executive director of the legislative 
 commission on pensions and retirement.  

    Subd. 2. Repealed, 1983 c 128 s 36 

    HIST: 1943 c 637 s 1; 1947 c 577 s 1; 1949 c 627 s 2; 1957 c 
 869 s 1; 1959 c 642 s 1; 1961 c 493 s 1; 1965 c 889 s 1; 1967 c 
 244 s 1; 1969 c 693 s 1; 1969 c 1129 art 1 s 13 subd 2; 1973 c 
 178 s 2; 1973 c 755 s 1; 1976 c 163 s 62; 1978 c 646 s 1; 1981 c 
 37 s 2; 1981 c 224 s 61,274; 1982 c 397 s 1; 1983 c 128 s 20; 
 1984 c 564 s 17; 1987 c 229 art 7 s 1; art 11 s 1; 1987 c 259 s 
 22; 1990 c 591 art 2 s 4; 1995 c 262 art 3 s 1; 1997 c 233 art 1 
 s 29,30 

  352B.021 Repealed, 1975 c 368 s 51 

     352B.03 Officers, duties. 

    Subdivision 1.    Officers.  The policy-making, 
 management, and administrative functions governing the operation 
 of the state patrol retirement fund are vested in the board of 
 directors and executive director of the Minnesota state 
 retirement system with duties, authority, and responsibility as 
 provided in chapter 352.  Fiduciary activities of the fund must 
 be undertaken in a manner consistent with chapter 356A. 

    Subd. 2.    Duties of treasurer.  The state treasurer is 
 ex officio treasurer of the state patrol retirement fund.  The 
 treasurer's general bond to the state covers all liability for 
 actions as treasurer of the fund.  

    All money of the fund received by the treasurer under this 
 chapter must be set aside in the state treasury and credited to 
 the state patrol retirement fund.  The treasurer shall transmit, 
 monthly, to the director, a detailed statement showing all 
 credits to and disbursements from the fund.  The treasurer shall 
 disburse money from the fund only on warrants issued by the 
 commissioner of finance upon vouchers signed by the director.  

    HIST: 1943 c 637 s 2; 1973 c 178 s 3; 1973 c 492 s 14; 1975 c 
 368 s 37,38; 1981 c 37 s 2; 1981 c 224 s 274; 1983 c 128 s 21; 
 1986 c 444; 1987 c 229 art 7 s 1; 1989 c 319 art 8 s 13 

  352B.04 Repealed, 1975 c 368 s 51 

     352B.05 Investments. 

    The state board of investment may invest and reinvest any 
 portions of the state patrol retirement fund not needed for 
 immediate purposes.  The executive director shall determine what 
 funds may be invested.  Money may be invested in securities 
 authorized as legal investments for the Minnesota state 
 retirement system.  The state board may sell, convey, and 
 exchange securities and invest and reinvest the funds when it 
 deems it desirable to do so.  The state board shall sell 
 securities upon request from the executive director when the 
 executive director determines funds are needed for its purposes. 
 Provisions regarding accounting procedures and restrictions and 
 conditions for the purchase and sale of securities for the 
 Minnesota state retirement system apply to the accounting, 
 purchase, and sale of securities for the state patrol retirement 
 fund.  

    HIST: 1943 c 637 s 4; 1961 c 380 s 4; 1965 c 305 s 3; 1973 c 
 178 s 5; 1978 c 562 s 2; 1981 c 37 s 2; 1981 c 224 s 274; 1983 c 
 128 s 22; 1987 c 229 art 7 s 1 

  352B.06 Repealed, 1983 c 128 s 36 

  352B.061 Repealed, 2Sp1981 c 1 s 8 

     352B.07 Actions by or against. 

    The board may sue or be sued in the name of the board of 
 directors of the state retirement system.  In all actions 
 brought by or against it, the board shall be represented by the 
 attorney general.  The attorney general shall also be the legal 
 adviser for the board.  Venue of all actions is in the Ramsey 
 county district court.  

    HIST: 1943 c 637 s 6; 1983 c 128 s 23; 1987 c 229 art 7 s 1 

     352B.071 Exemption from process. 

    None of the money, annuities, or other benefits provided 
 for in this chapter is assignable either in law or in equity or 
 be subject to execution, levy, attachment, garnishment, or other 
 legal process, except as provided in section 518.58, 518.581, or 
 518.6111. 

    HIST: 1973 c 178 s 8; 1983 c 128 s 24; 1984 c 547 s 5; 1987 c 
 157 s 4; 1987 c 229 art 7 s 1; 1997 c 203 art 6 s 92 

  352B.075 Repealed, 1981 c 224 s 276 

     352B.08 Benefits. 

    Subdivision 1.    Who is eligible; when to apply; accrual. 
  Every member who is credited with three or more years of 
 allowable service is entitled to separate from state service and 
 upon becoming 50 years old, is entitled to receive a life 
 annuity, upon separation from state service.  Members shall 
 apply for an annuity in a form and manner prescribed by the 
 executive director.  No application may be made more than 90 
 days before the date the member is eligible to retire by reason 
 of both age and service requirements.  An annuity begins to 
 accrue no earlier than 180 days before the date the application 
 is filed with the executive director.  

    Subd. 2.    Normal retirement annuity.  The annuity must 
 be paid in monthly installments.  The annuity shall be equal to 
 the amount determined by multiplying the average monthly salary 
 of the member by the percent specified in section 356.19, 
 subdivision 6, for each year and pro rata for completed months 
 of service.  

    Subd. 2a.    Early retirement.  Any member who has 
 become at least 50 years old and who has at least three years of 
 allowable service is entitled upon application to a reduced 
 retirement annuity equal to the annuity calculated under 
 subdivision 2, reduced by one-tenth of one percent for each 
 month that the member is under age 55 at the time of retirement. 

    Subd. 3.    Optional annuity forms.  In lieu of the 
 single life annuity provided in subdivision 2, the member or 
 former member may elect an optional annuity form.  The board of 
 the Minnesota state retirement system shall establish a joint 
 and survivor annuity, payable to a designated beneficiary for 
 life, adjusted to the actuarial equivalent value of the single 
 life annuity.  The board shall also establish an additional 
 optional annuity with an actuarial equivalent value of the 
 single life annuity in the form of a joint and survivor annuity 
 which provides that the elected annuity be reinstated to the 
 single life annuity provided in subdivision 2, if after 
 commencing the elected joint and survivor annuity, the 
 designated beneficiary dies before the member, which 
 reinstatement is not retroactive but takes effect for the first 
 full month occurring after the death of the designated 
 beneficiary.  The board may also establish other actuarial 
 equivalent value optional annuity forms.  In establishing 
 actuarial equivalent value optional annuity forms, each optional 
 annuity form shall have the same present value as a regular 
 single life annuity using the mortality table adopted by the 
 board and the interest assumption specified in section 356.215, 
 subdivision 4d, and the board shall obtain the written 
 recommendation of the commission-retained actuary.  These 
 recommendations shall be a part of the permanent records of the 
 board.  

    HIST: 1943 c 637 s 7; 1947 c 577 s 2; 1949 c 627 s 1; 1953 c 
 453 s 1-3; 1957 c 869 s 2-5; 1959 c 642 s 2-4; 1961 c 493 s 2; 
 1965 c 889 s 2,3; 1967 c 244 s 2; 1969 c 693 s 2; 1971 c 278 s 
 1; 1973 c 178 s 10; 1973 c 755 s 2; 1977 c 429 s 15; 1978 c 562 
 s 4; 1980 c 600 s 6; 1981 c 224 s 62; 1982 c 397 s 2; 1983 c 49 
 s 1; 1983 c 128 s 25; 1983 c 286 s 4; 1986 c 444; 1987 c 229 art 
 7 s 1; art 11 s 1; 1987 c 259 s 23; 1987 c 372 art 9 s 7; 1989 c 
 319 art 1 s 10; art 13 s 25; art 17 s 6,7; 1990 c 570 art 12 s 
 13,14; 1993 c 307 art 1 s 24,25; 1994 c 528 art 1 s 10; 1995 c 
 262 art 3 s 2; 1997 c 233 art 1 s 31,32; 1999 c 222 art 14 s 1 

  352B.09 Repealed, 1973 c 178 s 22 

     352B.10 Disability benefits. 

    Subdivision 1.    Injuries, payment amounts.  Any member 
 who becomes disabled and physically or mentally unfit to perform 
 duties as a direct result of an injury, sickness, or other 
 disability incurred in or arising out of any act of duty, shall 
 receive disability benefits while disabled.  The benefits must 
 be paid in monthly installments equal to the member's average 
 monthly salary multiplied by 60 percent, plus an additional 
 percent equal to that specified in section 356.19, subdivision 
 6, for each year and pro rata for completed months of service in 
 excess of 20 years, if any. 

    Subd. 2.    Disabled while not on duty.  If a member 
 terminates employment after at least one year of service because 
 of sickness or injury occurring while not on duty and not 
 engaged in state work entitling the member to membership, and 
 the member becomes disabled and physically or mentally unfit to 
 perform the duties of the position because of sickness or injury 
 occurring while not engaged in covered employment, the member is 
 entitled to disability benefits.  The benefit must be in the 
 same amount and computed in the same way as if the member were 
 55 years old at the date of disability and the annuity were paid 
 under section 352B.08.  If disability under this clause occurs 
 after one but before 15 years service, the disability benefit 
 must be computed as though the member had 15 years service. 

    Subd. 3.    Annual and sick leave; work at lower pay.  
 No member shall receive any disability benefit payment when the 
 member has unused annual leave or sick leave or under any other 
 circumstances, when during the period of disability there has 
 been no impairment of salary.  Should the member or former 
 member resume gainful work and earn less than the salary 
 received at the date of disability or the salary currently paid 
 for similar positions, the disability benefit must be continued 
 in an amount which when added to earnings does not exceed the 
 salary received at the date of disability or the salary 
 currently paid for similar positions, whichever is higher.  The 
 disability benefit must not exceed the disability benefit 
 originally allowed. 

    Subd. 4.    Proof of disability.  No disability benefit 
 payment shall be made except upon adequate proof furnished to 
 the director of the existence of the disability.  While 
 disability benefits are being paid, the director has the right, 
 at reasonable times, to require the disabled former member to 
 submit proof of the continuance of the disability claimed.  

    Subd. 5.    Optional annuity.  A disabled member may, in 
 lieu of survivorship coverage under section 352B.11, subdivision 
 2, choose the normal disability benefit or an optional annuity 
 as provided in section 352B.08, subdivision 3.  The choice of an 
 optional annuity must be made before commencement of payment of 
 the disability benefit, or within 90 days of attaining age 65 or 
 reaching the five-year anniversary of the effective date of the 
 disability benefit, whichever is later.  It is effective on the 
 date on which the disability benefit begins to accrue, or the 
 month following attainment of age 65 or the five-year 
 anniversary of the effective date of the disability benefit, 
 whichever is later.  

    HIST: 1943 c 637 s 8; 1957 c 869 s 6; 1959 c 642 s 5; 1961 c 
 493 s 3; 1965 c 889 s 4; 1969 c 693 s 3; 1973 c 178 s 11; 1973 c 
 755 s 3; 1975 c 359 s 23; 1977 c 429 s 16; 1981 c 68 s 14; 
 1Sp1985 c 7 s 8; 1986 c 444; 1987 c 229 art 7 s 1; 1989 c 319 
 art 1 s 11; art 17 s 8,9; 1992 c 464 art 1 s 40; 1993 c 307 art 
 2 s 12-14; 1995 c 262 art 3 s 3; 1996 c 438 art 2 s 3; 1997 c 
 233 art 1 s 33 

     352B.101 Application for disability benefit. 

    A member claiming a disability benefit must file a written 
 application for benefits in the office of the system in a form 
 and manner prescribed by the executive director.  The member 
 shall provide medical evidence to support the application.  The 
 benefit begins to accrue the day following the start of 
 disability or the day following the last day for which the 
 member was paid, whichever is later, but not earlier than 180 
 days before the date the application is filed with the executive 
 director.  

    HIST: 1983 c 128 s 26; 1987 c 229 art 7 s 1; 1993 c 307 art 1 
 s 26 

     352B.105 Termination of disability benefits. 

    Disability benefits payable under section 352B.10 shall 
 terminate at the end of the month the beneficiary becomes 65 
 years old.  If the beneficiary is still disabled when the 
 beneficiary becomes 65 years old, the beneficiary shall be 
 deemed to be a retired member and, if the beneficiary had chosen 
 an optional annuity under section 352B.10, subdivision 5, shall 
 receive an annuity in accordance with the terms of the optional 
 annuity previously chosen.  If the beneficiary had not chosen an 
 optional annuity under section 352B.10, subdivision 5, the 
 beneficiary may choose to receive either a normal retirement 
 annuity computed under section 352B.08, subdivision 2, or an 
 optional annuity as provided in section 352B.08, subdivision 3. 
 An optional annuity must be chosen within 90 days of attaining 
 age 65 or reaching the five-year anniversary of the effective 
 date of the disability benefit, whichever is later.  If an 
 optional annuity is chosen, the optional annuity shall begin to 
 accrue the first of the month following attainment of age 65 or 
 the five-year anniversary of the effective date of the 
 disability benefit, whichever is later. 

    HIST: 1969 c 693 s 4; 1973 c 178 s 12; 1981 c 68 s 15; 1983 c 
 128 s 27; 1987 c 229 art 7 s 1; 1992 c 464 art 1 s 41; 1993 c 
 307 art 2 s 15; 1995 c 141 art 3 s 5 

     352B.11 Retirees. 

    Subdivision 1.    Refund of payments.  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 state service that entitled the member to membership.  In 
 the event of the member's death, if there are no survivor 
 benefits payable under this chapter, a refund is payable to the 
 last designated beneficiary on a form filed with the director 
 before death, or if no designation is filed, the refund is 
 payable to the member's estate.  Interest must be computed at 
 the rate of six percent a year, compounded annually.  To receive 
 a refund, application must be made on a form prescribed by the 
 executive director. 

    Subd. 2.    Death; payment to spouse and children.  If a 
 member serving actively as a member, or a member or former 
 member receiving the disability benefit before attaining age 65 
 or reaching the five-year anniversary of the effective date of 
 the disability benefit, whichever is later, provided by section 
 352B.10, subdivisions 1 and 2, dies from any cause before 
 attaining age 65 or reaching the five-year anniversary of the 
 effective date of the disability benefit, whichever is later, 
 the surviving spouse and dependent children are entitled to 
 benefit payments as follows: 

    (a) A member with at least three years of allowable service 
 is deemed to have elected a 100 percent joint and survivor 
 annuity payable to a surviving spouse only on or after the date 
 the member or former member became or would have become 55. 

    (b) The surviving spouse of a member who had credit for 
 less than three years of service shall receive, for life, a 
 monthly annuity equal to 50 percent of that part of the average 
 monthly salary of the member from which deductions were made for 
 retirement.  

    (c) The surviving spouse of a member who had credit for at 
 least three years service and who died after becoming 55 years 
 old, may elect to receive a 100 percent joint and survivor 
 annuity, for life, notwithstanding a subsequent remarriage, in 
 lieu of the annuity prescribed in paragraph (b). 

    (d) The surviving spouse of any member who had credit for 
 three years or more and who was not 55 years old at death, shall 
 receive the benefit equal to 50 percent of the average monthly 
 salary as described in clause (b) until the deceased member 
 would have become 55 years old, and beginning the first of the 
 month following that date, may elect to receive the 100 percent 
 joint and survivor annuity.  

    (e) Each dependent child shall receive a monthly annuity 
 equal to ten percent of that part of the average monthly salary 
 of the former member from which deductions were made for 
 retirement.  A dependent child over 18 and under 23 years of age 
 also may receive the monthly benefit provided in this section, 
 if the child is continuously attending an accredited school as a 
 full-time student during the normal school year as determined by 
 the director.  If the child does not continuously attend school 
 but separates from full-time attendance during any part of a 
 school year, the annuity shall cease at the end of the month of 
 separation.  In addition, a payment of $20 per month shall be 
 prorated equally to surviving dependent children when the former 
 member is survived by one or more dependent children.  Payments 
 for the benefit of any qualified dependent child must be made to 
 the surviving spouse, or if there is none, to the legal guardian 
 of the child.  The maximum monthly benefit for any one family 
 must not be less than 50 nor exceed 70 percent of the average 
 monthly salary for any number of children. 

    (f) If the member dies under circumstances that entitle the 
 surviving spouse and dependent children to receive benefits 
 under the workers' compensation law, the workers' compensation 
 benefits received by them must not be deducted from the benefits 
 payable under this section. 

    (g) The surviving spouse of a deceased former member who 
 had credit for three or more years of allowable service, but not 
 the spouse of a former member receiving a disability benefit 
 under section 352B.10, subdivision 2, is entitled to receive the 
 100 percent joint and survivor annuity at the time the deceased 
 member would have become 55 years old.  If a former member dies 
 who does not qualify for other benefits under this chapter, the 
 surviving spouse or, if none, the children or heirs are entitled 
 to a refund of the accumulated deductions left in the fund plus 
 interest at the rate of six percent per year compounded annually.

    Subd. 2a.    Applications for survivor benefits.  An 
 application for benefits under this section must be filed in the 
 office of the system in a form and manner prescribed by the 
 executive director.  The benefit shall begin to accrue the day 
 following the date of death but shall not be retroactive for 
 more than six months before the date the application is filed.  

    Subd. 3.    Refund; effect.  When any member or former 
 member accepts a refund, all existing service credits and all 
 rights and benefits to which the member or former member was 
 entitled before acceptance of the refund terminate. 

    Subd. 4.    Reentry into state service.  When a former 
 member, who has become separated from state service that 
 entitled the member to membership and has received a refund of 
 retirement payments, reenters the state service in a position 
 that entitles the member to membership, that member shall 
 receive credit for the period of prior allowable state service 
 if the member repays into the fund the amount of the refund, 
 plus interest on it at an annual rate of 8.5 percent compounded 
 annually, at any time before subsequent retirement.  Repayment 
 may be made in installments or in a lump sum.  

    Subd. 5.    Death of annuitant or beneficiary.  If a 
 retired member who did not select an optional annuity under 
 section 352B.08, subdivision 3, dies or if the last eligible 
 recipient of an optional annuity under section 352B.08, 
 subdivision 3, dies and the total amounts paid as an annuity are 
 less than the accumulated member contributions under section 
 352B.02, subdivision 1a, to the credit of the retired member on 
 the date of retirement, the surviving spouse, or if none, the 
 former member's surviving children in equal shares, or if none, 
 the last recipient's estate is entitled, upon application, to a 
 refund.  The refund is equal to the balance of accumulated 
 member contributions under section 352B.02, subdivision 1a, 
 remaining after subtracting the total amount of benefits paid to 
 the decedent. 

    HIST: 1943 c 637 s 9; 1953 c 453 s 4; 1957 c 869 s 7,8; 1959 c 
 642 s 6; 1961 c 493 s 4; 1965 c 889 s 5; 1967 c 244 s 3,4; 1969 
 c 693 s 5; 1971 c 278 s 2; 1973 c 70 s 1; 1973 c 178 s 13; 1973 
 c 755 s 4; 1975 c 359 s 23; 1978 c 646 s 2; 1979 c 50 s 41; 1981 
 c 37 s 2; 1981 c 224 s 63,274; 1982 c 397 s 3,4; 1983 c 128 s 
 28-30; 1984 c 564 s 18,19; 1986 c 444; 1987 c 229 art 7 s 1; 
 1987 c 372 art 9 s 8; 1989 c 319 art 1 s 12; art 13 s 26,27; art 
 17 s 10; 1990 c 570 art 12 s 15,16; 1991 c 34 s 1; 1991 c 269 
 art 2 s 2; 1992 c 598 art 1 s 7; 1993 c 307 art 2 s 16; 1996 c 
 438 art 1 s 2 

  352B.12 Repealed, 1973 c 178 s 22 

  352B.13 Repealed, 1983 c 128 s 36 

  352B.131 Repealed, 1993 c 307 art 7 s 1 

  352B.14 Repealed, 1993 c 307 art 7 s 1 

  352B.15 Repealed, 1973 c 178 s 22 

  352B.16 Repealed, 1973 c 178 s 22 

  352B.17 Repealed, 1973 c 178 s 22 

  352B.18 Repealed, 1973 c 178 s 22 

  352B.19 Repealed, 1973 c 178 s 22 

  352B.20 Repealed, 1973 c 178 s 22 

  352B.21 Repealed, 1973 c 178 s 22 

  352B.22 Repealed, 1973 c 178 s 22 

  352B.23 Repealed, 1973 c 178 s 22 

  352B.24 Repealed, 1973 c 178 s 22 

     352B.25 Continuing appropriation; payment of pension 
  funds by individuals. 

    The state patrol retirement fund and the participation in 
 the Minnesota postretirement investment fund must be disbursed 
 only for the purposes provided in this chapter.  The expenses of 
 the system and any benefits or annuities provided in this 
 chapter, other than benefits payable from the Minnesota 
 postretirement investment fund, must be paid from the state 
 patrol retirement fund.  The amounts necessary to make the 
 payments from the state patrol retirement fund and the 
 participation in the Minnesota postretirement investment fund 
 are annually appropriated from those funds for those purposes.  

    HIST: 1969 c 693 s 17; 1973 c 178 s 17; 1980 c 607 art 14 s 45 
 subd 2; 1980 c 614 s 138; 1981 c 37 s 2; 1981 c 224 s 274; 1987 
 c 229 art 7 s 1 

     352B.26 Participation in Minnesota postretirement 
  investment fund. 

    Subdivision 1.    Authorization.  The state patrol 
 retirement fund shall participate in the Minnesota 
 postretirement investment fund.  Assets required by this section 
 must be deposited in the fund.  Amounts shall be withdrawn from 
 the fund only to pay annuities as provided.  The money is 
 annually appropriated for this purpose. 

    Subd. 2. Repealed, 1987 c 259 s 83 

    Subd. 3.    Valuation of assets; adjustment of benefits. 
  (a) For former members beginning receipt of annuities and 
 qualified recipients of joint and survivor annuities and 
 surviving spouse benefits, the required reserves must be 
 determined in accordance with the appropriate mortality table 
 adopted by the board of directors of the Minnesota state 
 retirement system based on the experience of the fund as 
 recommended by the commission-retained actuary and using the 
 interest assumption specified in section 356.215, subdivision 
 4d.  Assets representing the required reserves for these 
 annuities must be transferred to the Minnesota postretirement 
 investment fund as of the last business day of the month in 
 which the retirement annuity begins as specified in section 
 11A.18.  

    (b) Annuity payments must be adjusted in accordance with 
 section 11A.18. 

    (c) An increase in annuity payments under this section must 
 be made automatically unless written notice is filed by the 
 annuitant with the executive director of the Minnesota state 
 retirement system requesting that the increase not be made.  

    HIST: 1969 c 977 s 1; 1971 c 414 s 8; 1973 c 178 s 18; 1978 c 
 562 s 7,8; 1980 c 607 art 14 s 36,45 subd 2; s 46; 1981 c 37 s 
 2; 1981 c 224 s 64,65; 1Sp1985 c 7 s 35; 1987 c 229 art 7 s 1; 
 art 11 s 1; 1987 c 259 s 24; 1996 c 305 art 1 s 76 

  352B.261 Repealed, 1993 c 307 art 7 s 1 

  352B.262 Repealed, 1993 c 307 art 7 s 1 

  352B.265 Repealed, 1996 c 310 s 1 

     352B.27 Savings clause. 

    Subdivision 1.    Earlier retirement laws.  The rights, 
 privileges, annuities, and benefits, whether presently accrued 
 or to accrue in the future, extended to those persons designated 
 or described in Laws 1967, chapter 244, section 4; Laws 1969, 
 chapter 693, sections 15 and 17; Laws 1971, chapter 278, section 
 3; and Laws 1971, chapter 543, section 1 continue in effect as 
 provided, notwithstanding any law to the contrary.  

    Subd. 2.    Benefits to continue.  Except as otherwise 
 specifically provided in this chapter, all persons who on May 8, 
 1973, are receiving any benefit, annuity, or payment from the 
 highway patrol officers' retirement fund shall, after May 8, 
 1973, receive the same benefit, annuity, or payment from the 
 fund.  

    HIST: 1973 c 178 s 19; 1986 c 444; 1987 c 229 art 7 s 1 

  352B.28 Repealed, 1993 c 307 art 7 s 1 

     352B.29 Highway patrolmen's retirement association; 
  transfer of functions. 

    Notwithstanding other provisions of this chapter and 
 chapter 352, effective July 1, 1973, all powers, duties, 
 responsibilities, books, papers, and records of the highway 
 patrolmen's retirement association and of the officers of the 
 highway patrolmen's retirement association are transferred to 
 the Minnesota state retirement system.  The officers of the 
 highway patrolmen's retirement association as constituted under 
 this chapter as amended are abolished.  

    HIST: 1973 c 755 s 7; 1981 c 37 s 2; 1981 c 224 s 274; 1983 c 
 63 s 2; 1987 c 229 art 7 s 1 

     352B.30 Coverage by more than one retirement system or 
  association. 

    Subdivision 1.    Entitlement to annuity.  Any person 
 who has been an employee covered by the Minnesota state 
 retirement system, or a member of the public employees 
 retirement association including the public employees retirement 
 association police and fire fund, or the teachers retirement 
 association, or the state patrol retirement fund, or any other 
 public employee retirement system in Minnesota having a like 
 provision but excluding all other funds providing benefits for 
 police or firefighters is entitled when qualified to an annuity 
 from each fund if total allowable service in all funds or in any 
 two of these funds totals three or more years.  No part of the 
 allowable service upon which the retirement annuity from one 
 fund is based may again be used in the computation for benefits 
 from another fund.  The member must not have taken a refund from 
 any one of these funds since service entitling the member to 
 coverage under the system or membership in any of the 
 associations last terminated.  The annuity from each fund must 
 be determined by the appropriate law except that the requirement 
 that a person must have at least three years allowable service 
 in the respective system or association does not apply for the 
 purposes of this section if the combined service in two or more 
 of these funds equals three or more years. 

    Subd. 2.    Computation of deferred annuity.  Deferred 
 annuities must be computed according to this chapter on the 
 basis of allowable service before termination of service and 
 augmented as provided in this chapter.  The required reserves 
 applicable to a deferred annuity must be augmented by interest 
 compounded annually from the first day of the month following 
 the month in which the member terminated service, or July 1, 
 1971, whichever is later, to the first day of the month in which 
 the annuity begins to accrue.  The rates of interest used for 
 this purpose shall be five percent per year compounded annually 
 until January 1, 1981, and after that date three percent per 
 year compounded annually.  The mortality table and interest 
 assumption used to compute the annuity shall be those in effect 
 when the member files application for annuity. 

    Subd. 3.    Refund repayment.  A person who has received 
 a refund from the state patrol retirement fund who is a member 
 of a public retirement system included in subdivision 1, may 
 repay the refund with interest to the state patrol retirement 
 fund as provided in section 352B.11, subdivision 4. 

    Subd. 4.    1997 postretirement fund interest changes.  
 The retirement annuity or disability benefit of, or the survivor 
 benefit payable on behalf of, a former member who terminated 
 service before July 1, 1997, which is not first payable until 
 after June 30, 1997, must be increased on an actuarial 
 equivalent basis to reflect the change in the postretirement 
 interest rate actuarial assumption under section 356.215, 
 subdivision 4d, from five percent to six percent under a 
 calculation procedure and tables adopted by the board and 
 approved by the actuary retained by the legislative commission 
 on pensions and retirement. 

    HIST: 1975 c 368 s 40; 1977 c 429 s 63; 1978 c 796 s 11; 1981 
 c 37 s 2; 1981 c 224 s 274; 1983 c 128 s 31; 1986 c 444; 1987 c 
 229 art 7 s 1; 1987 c 372 art 9 s 9; 1989 c 319 art 13 s 28; 
 1990 c 426 art 1 s 43; 1997 c 233 art 1 s 34