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Minnesota Legislature

Office of the Revisor of Statutes

490.126 Procedures.

Subdivision 1. Compulsory retirement. Proceedings for compulsory retirement of a judge, if necessary, shall be conducted in accordance with rules issued by the Supreme Court pursuant to section 490.16.

Subd. 2. Vacancies. Any judge may make written application to the governor for retirement. The governor thereupon shall direct the judge's retirement by written order which, when filed in the Office of the Secretary of State, shall effect a vacancy in the office to be filled as provided by law.

Subd. 3. Application for annuity or refund. Application for an annuity or refund under sections 490.121 to 490.132 may be made by the annuitant or by someone authorized to act for the annuitant. Every application for an annuity or refund, with proof of age and years of service when required, shall be submitted to the governing body of the Minnesota State Retirement System in a form prescribed by it.

Subd. 4. Manner of payment. Unless otherwise specifically provided by statute or agreed upon by the annuitant and the governing body of the state retirement system, annuities payable under sections 490.121 to 490.132 shall be paid in the manner and at the intervals as prescribed by the executive director of the state retirement system. The annuity shall cease with the last payment received by the annuitant while living.

Subd. 5. Exemption from process; no assignment. None of the money, annuities, or other benefits provided in this chapter is assignable either in law or equity or is 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 744 s 6; 1981 c 224 s 233; 1986 c 444; 1988 c 668 s 10; 1997 c 203 art 6 s 92