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Minnesota Legislature

Office of the Revisor of Statutes

490.025 Retirement of Supreme Court justices.

Subdivision 1. Requisites. When a justice of the Supreme Court, having served at least one term, arrives at the age of 70 years, or having served at least two full terms or the equivalent thereof, becomes incapacitated for the performance of official duties to the extent that the public service suffers therefrom, and makes written application to the governor for retirement, the governor, on determining that such justice has arrived at such age and has served at least one term or that such disability exists, shall direct the retirement by written order which shall effect a vacancy in the office to be filled as provided by law.

Subd. 2. Retirement compensation; amount. A justice retiring pursuant to subdivision 1 shall be entitled to receive the compensation allotted to the office of the justice for the remainder of the term for which the justice was elected. If a justice be retired for age or disability and, at the time of retirement, had served as a justice for two full terms or the equivalent thereof or as a justice and as a judge of the district court for 15 years, the justice shall, after qualifying for a pension be entitled to receive, for the remainder of the life of the justice, a retirement annuity equal to one-half of the compensation allotted to the office of the justice at the time of retirement or discontinuance of service plus 2-1/2 percent of the compensation allotted to the office of the justice at the time of retirement or discontinuance of service for each year, not exceeding ten, which the justice served in office in excess of two full terms, or the equivalent thereof, on the Supreme Court or in excess of 15 years as a justice of the Supreme Court and as a judge of the district court. Any retirement annuity to which a justice is entitled pursuant to this section may be deferred until the former justice attains retirement age notwithstanding the termination of service by the justice prior to attaining retirement age. The retirement annuity shall be paid by the executive director of the Minnesota State Retirement System in the same manner as other retirement annuities and benefits are paid.

Subd. 3. Retirement age. If a justice of the Supreme Court serves for two full terms and during this period attains the age of 70, the justice, upon the completion of this period, may apply for and be entitled to receive, for the remainder of the life of the justice, the equivalent of the retirement annuity granted to retiring justices of the Supreme Court pursuant to subdivision 2, or if a justice serves a minimum period of 12 years on the Supreme Court and attains the age of 65, the justice may, on or after terminating active service, be entitled to apply for and receive, for the remainder of the life of the justice, the equivalent of the retirement annuity payable pursuant to subdivision 2 to a retired justice whose final elective term has expired.

Subd. 4. Age limit. Unless at the time of this enactment a justice has already reached the age of 73, the justice shall not acquire an increase of two and one-half percent of the compensation allotted to the office in retirement pay, as provided in subdivision 2, after the justice has reached the age of 73 years.

Subd. 5. Commissioner. Upon retirement of a justice of the Supreme Court, the court may appoint the justice a commissioner of that court to aid and assist in the performance of such of its duties as may be assigned with the justice's consent.

Subd. 6. Prior retirement. Each justice and commissioner of the Supreme Court who has heretofore retired under the statutes in force at the time of retirement shall, from the date of retirement, receive retirement compensation at the rate and for the time provided in the statutes in force at the time of retirement.

Subd. 7. Repealed, 1967 c 700 s 10

Subd. 8. Repealed, 1980 c 614 s 191

Subd. 9. Repealed, 1967 c 700 s 10

HIST: 1943 c 595 s 1-4; 1953 c 360 s 1; 1953 c 455 s 1,2; 1955 c 648 s 1; 1959 c 564 s 1; Ex1967 c 38 s 4; 1969 c 399 s 49; 1973 c 494 s 14,15; 1974 c 445 s 16,17; 1982 c 578 art 1 s 12,13; 1986 c 444