2005 Minnesota Statutes

CHAPTER 490. Judges retirement, judicial standards

RETIREMENT

  490.01 Repealed, 1949 c 640 s 5 subd 2 

  490.02 Repealed, 1949 c 640 s 5 subd 2 

     490.021 Administration of judges retirement plans. 

    The Minnesota State Retirement System shall administer the 
 judges retirement plans established by sections 490.025 to 
 490.12 in accordance with chapter 356A. 

    HIST: 1989 c 319 art 8 s 28 

     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 

  490.026 Repealed, 1959 c 688 s 6 

  490.027 Repealed, 1949 c 640 s 5; 1949 c 645 s 3 

  490.030 Repealed, 1959 c 688 s 6 

  490.031 Repealed, 1959 c 688 s 6 

  490.04 Repealed, 1978 c 475 s 2 

  490.05 Repealed, 1978 c 475 s 2 

  490.06 Repealed, 1978 c 475 s 2 

  490.07 Repealed, 1978 c 475 s 2 

  490.08 Repealed, 1978 c 475 s 2 

  490.09 Repealed, 1978 c 475 s 2 

  490.10 Repealed, 1949 c 640 s 5 subd 1 

     490.101 Retirement of district judges. 

    Subdivision 1.    Retirement age  (a) When a judge of the 
 district court who 
 has served for not less than 15 years as such judge, or as such 
 judge and as judge of a court of record, arrives at the age of 
 70 years and makes written application to the governor for 
 retirement, the governor shall direct the retirement by a 
 written order.  

    (b) When a judge of the district court who has served for 
 at least 24 years as such judge, and as judge of a court of 
 record, arrives at the age of 65 years and makes written 
 application to the governor for retirement, the governor shall 
 direct the retirement by a written order.  

    Subd. 2.    Incapacity.  If a judge of the district court 
 becomes mentally 
 or physically incapacitated from performing official duties and 
 the governor has determined that the judge shall be retired on 
 the application of either the judge or of the legally appointed 
 guardian of the judge or if a judge is retired by the supreme 
 court because of a disability pursuant to section 490.16, 
 subdivision 3, the judge shall be entitled to receive a 
 disability benefit.  

    If the judge has served for not less than 15 years as a 
 judge of district court, or as a judge of district court and as 
 a judge of a court of record, the disabled judge shall be 
 entitled to receive the maximum retirement allowance provided by 
 law for a judge of the district court pursuant to section 
 490.102.  If the judge has served less than the number of years 
 required for the maximum retirement allowance pursuant to 
 section 490.102 but for a period of not less than six years, the 
 disabled judge shall be entitled to receive a retirement 
 allowance in an amount equal to that portion of the maximum 
 retirement allowance pursuant to section 490.102, that the years 
 of service as a district court judge, or as a judge of district 
 court and as a judge of a court of record, prior to retirement 
 for disability, bears to the number of years required for the 
 maximum retirement allowance of a district court judge.  Years 
 of service shall be determined only on the basis of a whole year 
 and not on the basis of any fractional service. 

    Subd. 3.    Vacancy.  Upon the filing of such order in the 
 office 
 of 
 the secretary of state, the office of such judge shall become 
 vacant.  

    Subd. 4.    Extension of term.  When the term of any judge of 
 the district court 
 would expire three years or less from the time when the judge 
 would become eligible to retire under the provisions of this 
 section and section 490.102, upon written application by such 
 judge to the governor stating an intention to retire upon 
 eligibility, the governor shall forthwith make a written order 
 accepting such retirement application, and extending the term of 
 office for three years or such proportion thereof as may be 
 necessary for eligibility for such retirement.  

    HIST: 1949 c 640 s 1; 1959 c 688 s 2; 1965 c 762 s 1,2; 1974 c 
 129 s 1; 1981 c 224 s 219; 1986 c 444 

     490.102 Compensation allowance. 

    Subdivision 1.    Waiver.  A judge who elects to retire under 
 the 
 provisions of section 490.101 and who has an unexpired balance 
 of the elected term yet to run after such retirement, shall, in 
 order to receive the retirement compensation hereinafter 
 outlined, waive in writing the compensation allotted to the 
 office, from the date of such retirement to the date of the 
 expiration of the term for which such judge was elected, and 
 receive only during such period and thereafter retirement pay as 
 hereinafter outlined.  This subdivision shall not apply to any 
 judge who has retired prior to April 25, 1959. 

    Subd. 2.    Amount.  (a) If, at the time of retirement, the 
 judge has 
 attained the age of at least 70 years and has served for 15 
 years as such judge, or as such judge and as judge of a court of 
 record, the retiree shall receive for life, one-half the 
 compensation allotted to the office at the time of retirement or 
 on July 1, 1967, whichever is greater. 

    (b) If, at the time of retirement, the judge has attained 
 the age of at least 65 years and has served for 24 years as such 
 judge, or as such judge and as a judge of a court of record, the 
 retiree shall receive for life, one-half of the compensation 
 allotted for the office at the time of retirement or on July 1, 
 1967, whichever is greater. 

    Except for per diem payments made pursuant to section 
 484.62, and retirement pay adjustments pursuant to section 
 490.025, subdivision 2, it is unlawful for any public officer to 
 pay a retired judge an amount greater than one-half of the 
 compensation allotted to the office of such retired judge at the 
 time of retirement or on July 1, 1967, whichever is greater, 
 except when said retired judge shall have been appointed by the 
 district court, or by the Supreme Court, to serve as a special 
 master in litigation before the district court; in which case 
 per diem payments may be made to said retired judge in amounts 
 equal to per diem payments made pursuant to section 484.62.  
 Where such payments are hereafter made in violation of this 
 subdivision, it is the duty of the public officer making such 
 payment to recover the amount so paid but without interest.  
 Such recovery may be made by as many as 30 installment 
 deductions from future retirement payments to a retired judge or 
 by action in the district court. Unrecovered overpayments 
 outstanding at the time of the death of a retired judge shall be 
 a lien upon the judge's estate, in favor of the state of 
 Minnesota. 

    Subd. 3.    Application for retirement.  Any judge of the 
 district court who is serving in 
 such capacity on April 24, 1949 and who has attained or 
 hereafter attains, the age of 73 or more years and has completed 
 15 years of service, as such judge, or as such judge and as 
 judge of a court of record, shall receive retirement pay 
 hereunder if the judge applies for retirement within one year 
 after becoming eligible, but not otherwise. 

    Any judge of the district court whose initial service as 
 such judge began after April 24, 1949, after reaching a 70th 
 birthday, shall apply for retirement within one year after such 
 birthday or forfeit all retirement benefits hereunder.  However, 
 if a judge of the district court has not completed 15 years of 
 service on attaining the age of 70 years, the judge shall 
 receive retirement pay hereunder if the judge applies for 
 retirement within six months of the date of completion of 15 
 years of service.  Provided that any district judge past the age 
 of 74 years still serving on the bench and for whom retirement 
 has been allowed by a previous act passed by the 1959 
 legislature shall be permitted retirement allowance if the judge 
 retires during the current term of office or during an extended 
 term of three years thereafter which extension may be granted in 
 the same manner as provided in section 490.101, subdivision 4. 

    Subd. 3a.    Portion of maximum retirement.  If a judge of the 
 district court has attained 
 the age of at least 70 years and has completed ten or more years 
 of service as a district court judge or 15 or more years as a 
 judge of a court of record including at least six years as a 
 district court judge but less than the number of years required 
 for maximum retirement benefits, the judge may apply for 
 retirement and receive retirement pay of that portion of the 
 maximum retirement allowance allotted to the office which the 
 years of service as a district court judge, prior to retirement, 
 bears to the number of years required for the maximum retirement 
 allowance of a district court judge.  Years of service shall be 
 determined by the whole year rather than a fraction thereof.  
 Any district court judge presently serving who is over 70 years 
 of age shall forfeit any benefits under this subdivision by 
 serving beyond the expiration of the judge's present term. 

    Subd. 4.    Payment of benefits.  Retirement allowances shall be 
 paid by the 
 executive director of the Minnesota State Retirement System in 
 the same manner as other benefits are paid.  Payments by a 
 county, if any, shall be made in the manner prescribed by the 
 director. 

    Subd. 5.  Repealed, 1977 c 35 s 21 

    Subd. 6.    Surviving spouse.  The spouse of every judge of the 
 district or 
 Supreme Court who dies, in active service, shall be paid 
 one-half of the retirement compensation to which the judge would 
 have been entitled on the date of death, if the judge would have 
 been otherwise eligible for retirement under the provisions of 
 section 490.101 or under section 490.025, and had retired on 
 that date, irrespective of whether the judge attained the age of 
 retirement at the date of death or not and irrespective of 
 whether the judge had served 15 years as district judge or as a 
 judge of a court of record, and irrespective of whether the 
 judge had previously been eligible to retire, but had not 
 retired under the provisions of section 490.101, prior to death, 
 provided the spouse had been married to the judge for three 
 years prior to the judge's death.  The spouse of every judge of 
 the district court or Supreme Court who dies after retiring 
 shall be paid one-half of the retirement compensation which the 
 judge was receiving at the date of death. 

    Any judge who has heretofore retired and exercised the 
 option previously set forth in section 490.102, shall, after 
 July 1, 1961, be paid the full retirement compensation herein 
 provided for, and the judge's spouse shall upon the judge's 
 death be entitled to compensation as herein set forth. 

    The term "spouse" as used in this subdivision means the 
 surviving spouse of a district or Supreme Court judge, but only 
 if the spouse was married to the judge for a period of not less 
 than three years immediately prior to the date of the judge's 
 retirement or death, whichever occurs first. 

    If the spouse, either of a retired judge or a judge who 
 dies in active service, who is otherwise qualified under this 
 section, has not attained the age of 40 years at the time of the 
 judge's death, the spouse will not become eligible for 
 retirement compensation payments hereunder until the spouse's 
 40th birthday but shall receive the payments thereafter. 

    A spouse who is entitled to a retirement compensation under 
 the provisions of this subdivision and subdivision 7 shall be 
 paid the retirement compensation for the period of the spouse's 
 life, unless the spouse remarries, in which event the retirement 
 compensation is to cease and terminate.  All judges of the 
 district court and of the Supreme Court shall contribute four 
 percent of their state salaries, which amount shall be deducted 
 from their salaries at least once each month and paid to the 
 commissioner of finance to be deposited in a special survivor 
 retirement account.  This contribution shall be for the purpose 
 of providing the survivor benefits established by this 
 subdivision and subdivision 7 and such amount as may be 
 necessary to carry out this purpose is hereby appropriated from 
 the special retirement account.  It is declared to be the policy 
 of the legislature that the survivor benefits provided for 
 herein shall be wholly paid from contributions by the judges to 
 the special retirement account.  To implement this policy the 
 rate of contribution by the judges shall be reviewed 
 periodically and contributions adjusted to make this account 
 sufficient to cover all benefits. 

    Subd. 7.    Pre-1961 spousal benefits.  In addition to the 
 provisions of Minnesota 
 Statutes 1961, section 490.102, subdivisions 1 to 6, inclusive, 
 and notwithstanding the limitations thereof, the surviving 
 spouse of every judge of the district or Supreme Court who died 
 in active service prior to May 19, 1961, who had been married to 
 the judge for five years prior to the judge's death and who has 
 now attained the age of 49 years, shall be paid during the 
 spouse's life one-half of the retirement compensation to which 
 the judge would have been entitled, if the judge had been 
 retired as of date of death.  For the purposes of this 
 subdivision, the judge shall be deemed to have been entitled to 
 full retirement and to have retired as of the day of death.  If 
 retirement of a district judge from active service was by 
 executive order prior to enactment of Laws 1949, chapter 640, 
 the judge's unremarried surviving spouse who would otherwise 
 qualify under this section will receive one-half of the 
 compensation the judge would have received if the judge's 
 retirement occurred in 1949 after enactment of that law and the 
 judge was eligible for compensation thereunder. 

    Subd. 8.    Special survivor retirement account.  On June 30 of 
 each year, the executive director 
 of the Minnesota State Retirement System shall review the fiscal 
 condition of the special survivor retirement account in the 
 light of the prospective demands for payment therefrom in the 
 next fiscal year.  If the director determines that the balance 
 in such account on June 30 plus the prospective receipts in the 
 next fiscal year appear to be insufficient to meet the demands 
 on such account during the next fiscal year, the director on 
 July 1 of each year shall make an order increasing the rate of 
 contribution to such account by the several judges of the 
 district court from four percent of salary to such rate of 
 contribution as will, in the judgment of the director, provide 
 sufficient funds in said special survivor benefit account to pay 
 all demand thereon during the next fiscal year.  If on any 
 following June 30, the director should determine that a lower 
 rate of contribution will provide sufficient moneys to pay all 
 demands on such special survivor benefit account, the director 
 may on the next July 1, make and file an order reducing the rate 
 of contribution to such rate as will in the director's judgment 
 provide sufficient moneys to meet all demands on such special 
 account in the current fiscal year but in no event lower than 
 four percent.  Deductions of contributions shall be made in 
 accordance with rates prescribed by law or by order of the 
 director, as the case may be. 

    HIST: 1949 c 640 s 2; 1959 c 688 s 3; Ex1961 c 15 s 1-3; 1963 
 c 739 s 1; 1963 c 844 s 1-3; 1965 c 762 s 3-5; 1967 c 382 s 1; 
 Ex1967 c 38 s 5; 1969 c 987 s 1; 1974 c 129 s 2; 1974 c 417 s 3; 
 1974 c 445 s 18,19; 1981 c 31 s 8,9; 1986 c 444; 2003 c 112 art 
 2 s 50 

     490.103 Prior retirement.  

    A judge of the district court who has heretofore retired as 
 provided by law shall hereafter receive one-half of the 
 compensation allotted to the office from which the judge retired.

    HIST: 1949 c 640 s 3; 1959 c 688 s 4; Ex1961 c 15 s 4; 1986 c 
 444 

  490.104 Repealed, 1981 c 224 s 276 

     490.105 Retirement compensation, certain district and 
  Supreme Court judges.  

    The pension of a judge of the district or Supreme Court who 
 retires before June 3, 1967, or of the surviving spouse of a 
 judge of the district or Supreme Court who dies before June 3, 
 1967, shall remain in the same amount as was payable prior to 
 June 3, 1967.  

    HIST: Ex1967 c 38 s 6; 1986 c 444 

     490.106 Agreement to accept benefits, effect. 

    (1) Upon submission of an agreement to the director of the 
 Minnesota State Retirement System prior to July 1, 1975, signed 
 by a retired district or Supreme Court judge whereby the retired 
 judge who is entitled to receive benefits computed under laws in 
 effect on or prior to December 31, 1973 shall agree to accept as 
 of July 1, 1975, and thereafter, a benefit based on the salary 
 allotted the retired judge's former office at the salary level 
 in effect on January 1, 1975, and in the same proportion of the 
 salary as the proportion to which the retired judge was entitled 
 upon retirement; the state shall agree to accept the liability 
 for payment of the retirement benefit for the life of the 
 retired judge and upon the death of the retired judge the 
 payment of the benefit of the surviving spouse, if any and 
 provided spouse is otherwise entitled thereto, with adjustments 
 in the benefit amount only as may be provided under the 
 provisions of the Minnesota postretirement investment fund after 
 January 1, 1976, and to pay to the judge any accrued benefits 
 due to the retired judge as a result of the nonpayment of 
 benefits since January 1, 1975, or as a result of any deficiency 
 in benefits paid to the retired judge from and after November 
 1971. 

    Upon receipt of agreements, for each retired judge who 
 signed an agreement, the director shall make the appropriate 
 transfer of funds to the judges' retirement fund from the 
 assets, if any, in the account for payment of retirement 
 benefits to the retired district or Supreme Court judges.  The 
 benefit shall be paid from the judges' retirement fund and shall 
 be adjusted in the same manner at the same time as other 
 benefits payable from the Minnesota postretirement investment 
 fund to state employees. 

    (2) Upon submission of agreements to the director of the 
 Minnesota State Retirement System by each district court judge 
 who elected to continue contributions to the survivors' account 
 as provided by section 490.124, subdivision 10, wherein each 
 judge shall agree to accept at time of retirement and for life a 
 benefit based on a salary not greater than the salary allotted 
 to the office of the judge at the date of retirement and 
 agreements signed by surviving spouses of deceased district and 
 Supreme Court judges who served as a judge between May 1961 and 
 July 1967 wherein each surviving spouse shall agree to accept as 
 of July 1, 1975, and thereafter, a benefit based on the salary 
 of the deceased judge's former office at the salary level in 
 effect on January 1, 1975; the contributions to the survivors' 
 account made by the district court judges.  Notwithstanding the 
 provisions of section 490.102, subdivision 8, shall not be 
 required and upon retirement of the judge, the benefit and in 
 the event of the death of the judge, the surviving spouse's 
 benefit, if any and provided the spouse is otherwise entitled 
 thereto, shall be paid from the judges' retirement fund and 
 benefits shall be adjusted at the same time and in the same 
 manner as the benefits payable from the Minnesota postretirement 
 investment fund to state employees; the liability for payment of 
 the benefits payable on July 1, 1975, from the special supreme 
 and district court survivors' account shall be transferred to 
 the judges retirement fund and benefits shall be adjusted in the 
 same manner at the same time as benefits payable from the 
 Minnesota postretirement investment fund; and the director shall 
 pay to each surviving spouse any deficiency in the amount of the 
 benefit due the spouse since November, 1971. 

    Upon receipt of the agreements provided in clause 2 the 
 director shall commence payment from the judges' retirement fund 
 of the benefits payable as of July 1, 1975, from the special 
 district and Supreme Court survivor's account.  If agreements 
 are not submitted, the contribution rate to the survivors' 
 account shall be as required by section 490.102, subdivision 8, 
 and the surviving spouse benefits shall not be payable from the 
 judges' retirement fund. 

    District and Supreme Court judges not referenced in this 
 subdivision may, prior to their retirement, submit comparable 
 agreements to the director and thus be afforded the same 
 benefits.  The contributions to the survivors' account by any 
 Supreme Court judge who makes an agreement shall not be waived 
 but shall be thereafter paid to the judges' retirement fund. 

    (3) Notwithstanding any law to the contrary, except as 
 provided by this section, the reserve to pay a retirement 
 benefit of a judge who served as a district or Supreme Court 
 judge prior to July 1, 1967, and who elected or elects to have 
 the retirement benefit computed under laws in effect on December 
 31, 1973, shall not remain or be transferred to nor shall the 
 benefit be payable from the postretirement investment fund. 

    HIST: 1975 c 418 s 2; 1980 c 607 art 14 s 45 subd 2; 1981 c 
 224 s 220 

     490.107 Retirement benefits; increase and payment. 

    (1) Effective July 1, 1978, all retirement and disability 
 benefits payable pursuant to sections 490.11, 490.12, 
 subdivisions 1 and 2, and 9, commencing with the monthly benefit 
 payment accruing on and after July 1, 1978 shall be paid by the 
 judges retirement fund. 

    (2) The county auditors of the counties which on March 30, 
 1978 are liable for the payment of retirement benefits pursuant 
 to section 490.12, subdivision 2 or 9, or Minnesota Statutes 
 1978, section 487.06, shall certify to the executive director of 
 the Minnesota State Retirement System the amount of the monthly 
 benefit that the former judge of that county is entitled to 
 receive and, annually on each June 30 shall pay to the Minnesota 
 State Retirement System for deposit in the judges retirement 
 fund an amount equal to the annual retirement benefit due to 
 each retired judge for the following fiscal year plus $25 for 
 administrative expense.  In the event of the death of the 
 retired judge, the director shall refund to the county from the 
 judges retirement fund the amount of any unexpended balance of 
 the moneys the county had paid. 

    (3) All payments made pursuant to sections 490.11 and 
 490.12, subdivision 1, after January 1, 1978, shall be made by 
 the state regardless of the date on which the payments commenced 
 or commence.  

    (4) All retirement and disability benefits to which this 
 section applies shall be payable from the judges retirement fund 
 and shall thereafter be adjusted in the same manner and at the 
 same time as other benefits payable from the Minnesota 
 postretirement investment fund.  The benefit level in effect on 
 July 1, 1978, including any increase pursuant to this clause, 
 shall be the base for any future adjustments made pursuant to 
 section 11A.18. 

    HIST: 1978 c 720 s 18; 1980 c 607 art 14 s 45 subd 2; 1981 c 
 224 s 221 

     490.108 Transfer of the county and probate court judges 
  survivors' account to the judges retirement fund. 

    As of June 1, 1979 the liability for the payment of any 
 retirement benefits to the surviving spouses of deceased county 
 and probate court judges payable and the liability for the 
 retirement benefit coverage provided from and after June 1, 1979 
 to the spouses of county and probate court judges pursuant to 
 Minnesota Statutes 1978, section 490.12, subdivision 7 shall be 
 transferred from the county and probate court judges survivors' 
 account established pursuant to Minnesota Statutes 1978, section 
 490.12, subdivisions 7 and 8 to the judges retirement fund 
 established pursuant to Minnesota Statutes, sections 490.121 to 
 490.132.  On June 1, 1979 the executive director of the 
 Minnesota State Retirement System shall transfer the entire 
 assets, including all accounts payable, of the county and 
 probate court judges survivors' account to the judges retirement 
 fund.  Any accounts payable on June 1, 1979 shall also be 
 transferred to the judges retirement fund.  The judges 
 retirement fund shall be the successor in interest to all claims 
 for and against the county and probate court judges survivors' 
 account.  Upon the transfer of the assets of the county and 
 probate court judges survivors' account to the judges retirement 
 fund, the county and probate court judges survivors' account 
 shall cease to exist as a legal entity.  

    HIST: 1979 c 296 s 4 

     490.109 Survivor benefit contribution by judges. 

    From and after June 1, 1979, each judge who is required on 
 June 1, 1979 to make a contribution pursuant to Minnesota 
 Statutes 1978, section 490.12, subdivision 8 shall continue to 
 be obligated to make an employee contribution for purposes of 
 financing retirement benefits for the prospective surviving 
 spouse of the judge.  The employee contribution shall be at the 
 rate of four percent of the salary of the judge and shall be 
 made by salary deduction periodically by the employer.  All 
 amounts received under this section shall be paid to the 
 executive director of the Minnesota State Retirement System and 
 shall be deposited to the credit of the judges retirement fund.  

    HIST: 1979 c 296 s 5 

     490.1091 Survivor benefits; amount. 

    The amount of the retirement benefit which shall be payable 
 after June 1, 1979 to each surviving spouse of a deceased county 
 or probate court judge receiving a retirement benefit from the 
 county and probate court judges survivors' account on June 1, 
 1979 and to each surviving spouse of a county or probate court 
 judge who has made contributions to the county and probate court 
 judges survivors' account pursuant to Minnesota Statutes 1978, 
 section 490.12, subdivision 8 and dies after June 1, 1979 shall 
 be calculated pursuant to Minnesota Statutes 1978, section 
 490.12, subdivision 7.  

    HIST: 1979 c 296 s 6 

  490.11 Repealed, 2004 c 267 art 8 s 41 

     490.12 Half pay. 

    Subdivision 1.    Retirement under section 490.11.  
 When a probate judge shall be retired under the provisions of 
 section 490.11, the judge shall receive the compensation 
 allotted to the office for the remainder of the judge's term.  
 Thereafter, if then past 65 years of age, having served as such 
 judge, or as such judge and as judge of a court of record, or as 
 such judge and a referee in probate, for 24 years, or more, the 
 judge shall receive one-half of the compensation allotted to the 
 office at the time of such retirement for life, to be paid at 
 the time and in the manner provided by law.  

    Subd. 2.    Voluntary retirement.  When a probate judge 
 has attained the age of 70 years or more and has served as such 
 judge, or as such judge and as judge of a court of record, or as 
 such judge and as referee in probate, for 20 years or more, or 
 when a probate judge has attained the age of 65 years or more 
 and has served as such judge or as such judge and as judge of a 
 court of record or as such judge and as referee in probate for 
 24 years or more, the judge may voluntarily retire from office, 
 and after retiring shall receive one-half of the compensation 
 allotted to the office at the time of such retirement for life, 
 to be paid at the time and in the manner provided by law for the 
 payment of salaries of probate judges.  

    Subd. 3.    Service not continuous.  In computing the 
 period of service of any probate judge for retirement purposes 
 the judge shall receive credit for all periods of time served in 
 the armed forces of the United States during any period when the 
 United States was at war and for any period served in the 
 Minnesota National Guard when the same had been mustered into 
 federal service and was engaged in the Mexican Border Service 
 between May 9, 1916, and March 24, 1917.  Such period of service 
 as a probate judge need not be continuous.  The service of any 
 judge in World War I and in the Mexican Border Service shall be 
 deemed service hereunder, even though such service may have been 
 prior to the commencement of any service as probate judge.  

    Subd. 4.    Limitations.  In no event shall the total 
 retirement pension to a probate judge exceed the retirement 
 pension provided by law for district judges of the county in 
 which the probate judge held office.  

    Subd. 5.    Membership in other retirement pension funds.  
  The probate judges retirement pension as provided herein 
 shall be reduced by the full amount of any retirement pension 
 other than is herein provided received by a probate judge from 
 the state, any political subdivision, or public employees 
 retirement association, until the total reduction equals the 
 amount of such other pension, if any, received prior to 
 retirement as a probate judge plus the amount of the 
 contribution, if any, made by the state or any political 
 subdivision to fund any such other pension pursuant to section 
 353.27, subdivisions 3 and 3a, in connection with service as 
 probate judge or in any other capacity.  The amount of each 
 reduction shall be remitted by the county to each such 
 contributing employer in proportion to its total contribution 
 pursuant to section 353.27, subdivisions 3 and 3a.  In the event 
 the probate judge withdraws from any retirement pension fund 
 other than as herein provided prior to retirement as a probate 
 judge, the amount contributed by the state or any political 
 subdivision shall be computed and deducted from the probate 
 judge's retirement over a five-year period commencing upon the 
 date of such judge's retirement. 

    Subd. 6.    Extension of term of judge near retirement.  
  When the term of any judge of the probate court would expire 
 three years or less from the time when the judge would become 
 eligible to retire under the provisions of this section, upon 
 written application by such judge to the governor stating an 
 intention to retire upon eligibility, the governor shall 
 forthwith make a written order accepting such retirement 
 application, and extending the judge's term of office for three 
 years or such proportion thereof as may be necessary for 
 eligibility for such retirement.  

    Subd. 7. Repealed, 1979 c 296 s 7 

    Subd. 8. Repealed, 1979 c 296 s 7 

    Subd. 9.    Retirement coverage for certain probate court 
 judges.  A probate judge who has served as a probate judge, or 
 as a probate judge and a judge of a court of record or a referee 
 in probate, and who is not elected, is not appointed or does not 
 seek election as a county court judge, who serves in a county 
 which has been combined with another county to form a county 
 court district, and who has served for a period of at least ten 
 years shall, upon retirement after attaining the age of 65 
 years, be entitled to receive a retirement allowance.  The 
 retirement allowance shall be equal to one-half of the 
 compensation allotted to the office of the probate judge for the 
 year 1970 if the retiring probate judge has credit for at least 
 24 years of service and that amount reduced by 1/24 of the 
 amount for each year which the retiring probate judge has credit 
 for less than 24 years of service if the retiring probate judge 
 does not have credit for at least 24 years of service.  

    A probate judge who has attained the age of at least 65 
 years but less than 70 years at the expiration of the term of 
 office of the judge, or who has attained the age of at least 70 
 years at or prior to the expiration of the term of office of the 
 judge, and who has served for a period of at least ten years 
 shall upon retirement be entitled to receive a retirement 
 allowance.  The retirement allowance shall be equal to one-half 
 of the compensation allotted to the office of the probate judge 
 for the year 1970 plus the salary increase granted pursuant to 
 Extra Session Laws 1971, chapter 32, section 26, if the retiring 
 probate judge has attained the age of at least 65 years but less 
 than 70 years and has credit for at least 24 years of service or 
 if the retiring probate judge has attained the age of at least 
 70 years and has credit for at least 20 years of service, and 
 that amount reduced by 1/24 of the amount for each year of 
 service less than 24 years of service if the retiring probate 
 judge has attained the age of at least 65 years but less than 70 
 years and does not have credit for at least 24 years of service 
 or by 1/20 of the amount for each year of service less than 20 
 years of service if the retiring probate judge has attained the 
 age of at least 70 years and does not have credit for at least 
 20 years of service.  

    The retirement allowance shall be payable for the life of 
 the retired probate judge.  

    A probate judge to whom this subdivision is applicable may 
 continue survivor benefit coverage for the spouse of the probate 
 judge pursuant to section 490.1091 by making the survivor 
 benefit contribution pursuant to section 490.109, based on the 
 salary allotted to the office of the probate judge for the year 
 1970.  The provisions of this section and section 490.11 shall 
 apply to judges of county court and to probate judges who have 
 become judicial officers and who have met the minimum 
 eligibility requirements for coverage specified in those 
 sections.  

    Any judge whose office is terminated pursuant to section 
 487.01, subdivision 7, shall be eligible for a retirement 
 allowance pursuant to the provisions of this section.  

    HIST: (211-9) 1931 c 253 s 2; 1947 c 183 s 1; 1947 c 472 s 1; 
 1949 c 473 s 1; 1953 c 126 s 1,2; 1955 c 556 s 1; 1955 c 794 s 
 1,2; Ex1961 c 25 s 1; 1967 c 115 s 1; 1967 c 841 s 1; Ex1967 c 
 38 s 1-3; 1974 c 445 s 20; 1976 c 239 s 121; 1981 c 224 s 222; 
 1986 c 444 

UNIFORM RETIREMENT AND SURVIVORS'

ANNUITIES FOR JUDGES

     490.121 Definitions. 

    Subdivision 1.    Scope.  For purposes of sections 
 490.121 to 490.132, terms defined in this section have the 
 meanings given them unless the context clearly indicates 
 otherwise. 

    Subd. 2.    Court.  "Court" means any court of this 
 state established by the Minnesota Constitution and any 
 municipal, county or probate court of record, and shall include 
 the Conciliation Court of the city of Duluth. 

    Subd. 3.    Judge.  "Judge" means a judge or justice of 
 any court. 

    Subd. 4.    Allowable service.  (a) "Allowable service" 
 means any calendar month, subject to the service credit limit in 
 subdivision 22, served as a judge at any time, or served as a 
 referee in probate for all referees in probate who were in 
 office prior to January 1, 1974. 

    (b) "Allowable service" also means a period of authorized 
 leave of absence for which the judge has made a payment in lieu 
 of contributions, not in an amount in excess of the service 
 credit limit under subdivision 22.  To obtain the service 
 credit, the judge shall pay an amount equal to the normal cost 
 of the judges retirement plan on the date of return from the 
 leave of absence, as determined in the most recent actuarial 
 report for the plan filed with the Legislative Commission on 
 Pensions and Retirement, multiplied by the judge's average 
 monthly salary rate during the authorized leave of absence and 
 multiplied by the number of months of the authorized leave of 
 absence, plus annual compound interest at the rate of 8.5 
 percent from the date of the termination of the leave to the 
 date on which payment is made.  The payment must be made within 
 one year of the date on which the authorized leave of absence 
 terminated.  Service credit for an authorized leave of absence 
 is in addition to a uniformed service leave under section 
 490.1211. 

    Subd. 5.    Judges' retirement fund.  "Judges' 
 retirement fund", "retirement fund" or "fund" means that fund 
 created by section 490.123. 

    Subd. 6.    Annuity.  "Annuity" means the payments made 
 each year to an annuitant from the judges' retirement fund, 
 pursuant to the provisions of sections 490.121 to 490.132. 

    Subd. 7.    Annuitant.  "Annuitant" means a judge, 
 surviving spouse or dependent child entitled to an annuity under 
 the provisions of sections 490.121 to 490.132. 

    Subd. 8.    Normal retirement date.  "Normal retirement 
 date" means the last day of the month in which a judge attains 
 the age of 65. 

    Subd. 9.    Normal retirement annuity.  Except as 
 otherwise provided by sections 490.121 to 490.132, "normal 
 retirement annuity" means an annuity to which a judge is 
 entitled under section 490.124, subdivision 1, upon retirement 
 on or after normal retirement date. 

    Subd. 10.    Early retirement date.  "Early retirement 
 date" means the last day of any month after a judge attains the 
 age of 60 until the normal retirement date. 

    Subd. 11.    Early retirement annuity.  "Early 
 retirement annuity" means an annuity to which a judge is 
 entitled under section 490.124, subdivisions 1 and 3 upon 
 retirement at any early retirement date. 

    Subd. 12.    Mandatory retirement date.  "Mandatory 
 retirement date" means the last day of the month in which a 
 judge has attained 70 years of age. 

    Subd. 13.    Disability.  "Disability" means permanent 
 inability to perform the functions of judge by reason of 
 physical or mental impairment resulting from sickness or injury. 

    Subd. 14.    Disability retirement date.  "Disability 
 retirement date" means the last day of the first month after 
 which the governor determines, upon voluntary application by the 
 judge or otherwise, that a judge suffers from a disability. 

    Subd. 15.    Disability retirement annuity.  "Disability 
 retirement annuity" means an annuity to which a judge is 
 entitled under section 490.124, subdivisions 1 and 4 after 
 retirement for reason of disability. 

    Subd. 16.    Surviving spouse.  "Surviving spouse" means 
 the surviving husband or wife of a deceased judge. 

    Subd. 17.    Dependent child.  "Dependent child" means 
 any natural or adopted child of a deceased judge who has not 
 reached the age of 18 years, or having reached the age of 18, is 
 under age 22 and is a full time student throughout the normal 
 school year, unmarried and actually dependent for more than 
 one-half of the child's support upon such judge for a period of 
 at least 90 days prior to the judge's death.  It also includes 
 any natural child of the judge born after the judge's death. 

    Subd. 18.    Survivor's annuity.  "Survivor's annuity" 
 means an annuity to which a surviving spouse or dependent child 
 is entitled under section 490.124, subdivision 9. 

    Subd. 19.    Approved actuary.  "Approved actuary" means 
 any actuary who is either a fellow of the Society of Actuaries 
 or who has at least 15 years of service to major public employee 
 funds or any firm retaining such an actuary on its staff. 

    Subd. 20.    Actuarial equivalent.  "Actuarial 
 equivalent" means the condition of one annuity or benefit having 
 an equal actuarial present value as another annuity or benefit, 
 determined as of a given date with each actuarial present value 
 based on 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 actuary retained 
 under section 356.214, and approved under section 356.215, 
 subdivision 18, and using the applicable preretirement or 
 postretirement interest rate assumption specified in section 
 356.215, subdivision 8. 

    Subd. 21.    Final average compensation.  "Final average 
 compensation" means the total amount of salary payable to a 
 judge in the highest five years out of the last ten years before 
 the termination of judicial service, divided by five if the 
 number of years of service by the judge equals or exceeds ten.  
 If the number of years of service by the judge is less than ten, 
 but more than five, the highest five years of salary must be 
 counted.  If the number of years of service by the judge is less 
 than five, the aggregate salary for the period of service must 
 be divided by the number of months in the period and multiplied 
 by 12. 

    Subd. 21a.    Covered salary limitation.  "Final average 
 compensation" is subject to the limitations of section 356.611. 

    Subd. 22.    Service credit limit.  "Service credit 
 limit" means the greater of:  (1) 24 years of allowable service 
 under chapter 490; or (2) for judges with allowable service 
 rendered prior to July 1, 1980, the number of years of allowable 
 service under chapter 490, which, when multiplied by the 
 percentage listed in section 356.315, subdivision 7 or 8, 
 whichever is applicable to each year of service, equals 76.8. 

    HIST: 1973 c 744 s 1; 1977 c 307 s 28; 1978 c 626 s 1; 1978 c 
 672 s 13; 1979 c 296 s 2; 1981 c 224 s 223-226; 1986 c 444; 1987 
 c 259 s 79; 2000 c 461 art 18 s 4,5; 1Sp2001 c 10 art 3 s 27; 
 2002 c 392 art 11 s 52; 2004 c 267 art 7 s 7; 1Sp2005 c 8 art 1 
 s 30,31; art 2 s 2; art 3 s 9 

     490.1211 Uniformed service. 

    (a) A judge who is absent from employment by reason of 
 service in the uniformed services, as defined in United States 
 Code, title 38, section 4303(13), and who returns to state 
 employment as a judge upon discharge from service in the 
 uniformed service within the time frame required in United 
 States Code, title 38, section 4312(e), may obtain service 
 credit for the period of the uniformed service, provided that 
 the judge did not separate from uniformed service with a 
 dishonorable or bad conduct discharge or under other than 
 honorable conditions.  

    (b) The judge may obtain credit by paying into the fund 
 equivalent member contribution based on the contribution rate or 
 rates in effect at the time that the uniformed service was 
 performed multiplied by the full and fractional years being 
 purchased and applied to the annual salary rate.  The annual 
 salary rate is the average annual salary during the purchase 
 period that the judge would have received if the judge had 
 continued to provide employment services to the state rather 
 than to provide uniformed service, or if the determination of 
 that rate is not reasonably certain, the annual salary rate is 
 the judge's average salary rate during the 12-month period of 
 judicial employment rendered immediately preceding the purchase 
 period.  

    (c) The equivalent employer contribution and, if 
 applicable, the equivalent employer additional contribution, 
 must be paid by the employing unit, using the employer and 
 employer additional contribution rate or rates in effect at the 
 time that the uniformed service was performed, applied to the 
 same annual salary rate or rates used to compute the equivalent 
 member contribution.  

    (d) If the member equivalent contributions provided for in 
 this section are not paid in full, the judge's allowable 
 service credit must be prorated by multiplying the full and 
 fractional number of years of uniformed service eligible for 
 purchase by the ratio obtained by dividing the total member 
 contributions received by the total member contributions 
 otherwise required under this section.  

    (e) To receive allowable service credit under this 
 section, the contributions specified in this section and section 490.121 
 must be 
 transmitted to the fund during the period which begins with the 
 date on which the individual returns to judicial employment and 
 which has a duration of three times the length of the uniformed 
 service period, but not to exceed five years.  If the determined 
 payment period is calculated to be less than one year, the 
 contributions required under this section to receive service 
 credit may be within one year from the discharge date.  

    (f) The amount of allowable service credit obtainable under 
 this section and section 490.121 may not exceed five years, unless a 
 longer purchase 
 period is required under United States Code, title 38, section 
 4312.  

    (g) The state court administrator shall pay interest on all 
 equivalent member and employer contribution amounts payable 
 under this section.  Interest must be computed at a rate of 
 8.5 percent compounded annually from the end of each fiscal year 
 of the leave or break in service to the end of the month in 
 which payment is received. 

    HIST: 2004 c 267 art 3 s 8 

     490.122 Administration of judges' retirement. 

    The policy-making, management, and administrative functions 
 governing the operation of the judges' retirement fund and the 
 administration of sections 490.121 to 490.132 are vested in the 
 board of directors and executive director of the Minnesota State 
 Retirement System with such duties, authority, and 
 responsibility as are provided in chapter 352.  Except as 
 otherwise specified, no provision of chapter 352 applies to the 
 judges' retirement fund or any judge.  Fiduciary activities of 
 the uniform retirement and survivors' annuities for judges must 
 be undertaken in a manner consistent with chapter 356A. 

    HIST: 1973 c 744 s 2; 1981 c 224 s 227; 1989 c 319 art 8 s 29 

     490.123 Judges' retirement fund. 

    Subdivision 1.    Fund creation; revenue and authorized 
 disbursements.  The "judges' retirement fund" must be credited 
 with all contributions, all interest, and all other income 
 authorized by law.  From this fund there are appropriated the 
 payments authorized by sections 490.121 to 490.132, in the 
 amounts and at the times provided, including the necessary and 
 reasonable expenses of the Minnesota State Retirement System in 
 administering the fund and the transfers to the Minnesota 
 postretirement investment fund.  

    Subd. 1a.    Member contribution rates.  (a) A judge who 
 is covered by the federal old age, survivors, disability, and 
 health insurance program whose service does not exceed the 
 service credit limit in section 490.121, subdivision 22, shall 
 contribute to the fund from each salary payment a sum equal to 
 8.00 percent of salary.  

    (b) A judge not so covered whose service does not exceed 
 the service credit limit in section 490.121, subdivision 22, 
 shall contribute to the fund from each salary payment a sum 
 equal to 8.15 percent of salary. 

    (c) The contribution under this subdivision is payable by 
 salary deduction. 

    Subd. 1b.    Employer contribution rate.  The employer 
 contribution rate to the fund on behalf of a judge is 20.5 
 percent of salary and continues after a judge exceeds the 
 service credit limit in section 490.121, subdivision 22. 

    The employer contribution must be paid by the state court 
 administrator and is payable at the same time as member 
 contributions under subdivision 1a or employee contributions to 
 the unclassified plan in chapter 352D for judges whose service 
 exceeds the limit in section 490.121, subdivision 22, are 
 remitted. 

    Subd. 1c.    Additional employer contribution.  In the 
 event that the employer contribution under subdivision 1b and 
 the assets of the judges retirement fund are insufficient to 
 meet reserve transfers to the Minnesota postretirement 
 investment fund or payments of survivor benefits before July 1, 
 1993, the necessary amount is appropriated from the general fund 
 to the executive director of the Minnesota State Retirement 
 System, upon certification by the executive director to the 
 commissioner of finance. 

    Subd. 1d. Repealed, 2002 c 220 art 10 s 40 

    Subd. 1e.    Participation in the postretirement 
 investment fund.  Notwithstanding any laws to the contrary, 
 all judges and survivors receiving a benefit under this chapter 
 shall receive that benefit from the postretirement investment 
 fund.  Required reserves for those judges not receiving benefits 
 from the postretirement investment fund as of July 1, 2002, 
 shall be transferred to the postretirement investment fund to 
 pay future benefits by July 31, 2002. 

    Subd. 2.    Commissioner of finance.  The commissioner 
 of finance shall be ex officio treasurer of the judges' 
 retirement fund and the commissioner's general bond to the state 
 shall be so conditioned as to cover all liability for acting as 
 treasurer of this fund.  All moneys received by the commissioner 
 pursuant to this section shall be set aside in the state 
 treasury to the credit of the judges' retirement fund.  The 
 commissioner shall transmit monthly to the executive director 
 described in section 352.03, subdivision 5, a detailed statement 
 of all amounts so received and credited to the fund.  The 
 commissioner shall pay out the fund only upon vouchers signed by 
 said executive director; provided that vouchers for investment 
 may be signed by the secretary of the State Board of Investment. 

    Subd. 3.    Investment.  The director referred to in 
 subdivision 2 shall, from time to time, certify to the State 
 Board of Investment such portions of the judges' retirement fund 
 as in the director's judgment may not be required for immediate 
 use.  Assets from the judges' retirement fund shall be 
 transferred to the Minnesota postretirement investment fund for 
 retirement and disability benefits as provided in sections 
 11A.18 and 352.119.  The State Board of Investment shall 
 thereupon invest and reinvest sums so transferred, or certified, 
 in such securities as are duly authorized legal investments for 
 such purposes under section 11A.24.  

    HIST: 1973 c 492 s 14; 1973 c 744 s 3; 1980 c 607 art 14 s 45 
 subd 2; s 46; art 15 s 16; 1980 c 614 s 155; 1981 c 224 s 228; 
 1986 c 444; 1988 c 709 art 10 s 1; 1991 c 345 art 1 s 103; 1992 
 c 363 art 1 s 18; 1992 c 492 s 2; 1992 c 513 art 4 s 45; 1998 c 
 390 art 5 s 4,5; 2000 c 461 art 18 s 6,7; 2002 c 220 art 10 s 
 34; 2003 c 112 art 2 s 47 

     490.124 Maturity of benefits; retirement and survivors' 
  annuities. 

    Subdivision 1.    Basic retirement annuity.  Except as 
 qualified hereinafter from and after mandatory retirement date, 
 normal retirement date, early retirement date, or one year from 
 the disability retirement date, as the case may be, a retirement 
 annuity shall be payable to a retiring judge from the judges' 
 retirement fund in an amount equal to:  (1) the percent 
 specified in section 356.315, subdivision 7, multiplied by the 
 judge's final average compensation multiplied by the number of 
 years and fractions of years of allowable service rendered prior 
 to July 1, 1980; plus (2) the percent specified in section 
 356.315, subdivision 8, multiplied by the judge's final average 
 compensation multiplied by the number of years and fractions of 
 years of allowable service rendered after June 30, 1980.  
 Service that exceeds the service credit limit in section 
 490.121, subdivision 22, must be excluded in calculating the 
 retirement annuity, but compensation earned during this service 
 must be used in determining a judge's final average compensation 
 and calculating the retirement annuity.  

    Subd. 2.    Minimum service requirement; extension of 
 term.  No judge shall be eligible for an annuity at normal or 
 early retirement date if the judge has less than five years of 
 allowable service.  A judge who shall retire on or, as permitted 
 under sections 490.121 to 490.132, after mandatory retirement 
 date, shall be entitled to a proportionate annuity based upon 
 the allowable service of the judge at date of retirement. 

    A judge who was in office on December 31, 1973, and 
 thereafter and who, by the date on which the current term 
 expires, would not be eligible to retire with full benefits 
 under statutes in effect on December 31, 1973, may apply to the 
 governor for an extension to serve up to three additional years, 
 stating the intention of the judge to retire upon attaining 
 eligibility to receive a retirement allowance.  Notwithstanding 
 section 490.125, the governor shall forthwith make a written 
 order accepting the retirement application, and extending the 
 term of office of the judge for the period of time, not to 
 exceed three years, as may be necessary to make the judge 
 eligible for retirement, solely for purposes of computing 
 benefits hereunder. 

    Subd. 3.    Early retirement.  The retirement annuity 
 provided by subdivision 1 of any judge electing to retire at an 
 early retirement date shall be reduced by one-half of one 
 percent per month from the retirement date to normal retirement 
 date. 

    Subd. 4.    Disability retirement.  From and after 
 disability retirement date, a disabled judge shall be entitled 
 to continuation of the judge's full salary payable by the 
 judge's employer, as if the judge's office were not vacated by 
 retirement, for a period of up to one full year, but in no event 
 beyond the judge's mandatory retirement date.  During this year 
 the judge will earn additional service credit.  The salary 
 earned will be subject to retirement deductions and will be 
 included in computing final average compensation.  Thereafter a 
 disability retirement annuity computed as provided in 
 subdivision 1 shall be paid, provided that the judge shall 
 receive a minimum annuity of 25 percent of the judge's final 
 average compensation. 

    Subd. 5.    Deferred benefits.  (a) Any benefit to which 
 a judge is entitled under this section may be deferred until 
 early or normal retirement date, notwithstanding termination of 
 such judge's service prior thereto. 

    (b) The retirement annuity of, or the survivor benefit 
 payable on behalf of, a former judge, 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 8, from five 
 percent to six percent under a calculation procedure and tables 
 adopted by the board of directors of the Minnesota State 
 Retirement System and approved by the actuary retained by the 
 Legislative Commission on Pensions and Retirement. 

    Subd. 6.    Part-time judges.  Notwithstanding other 
 provisions of this section, except as provided herein, service 
 by a judge who was not paid an annual salary or who served in a 
 jurisdiction in which the judge was entitled to practice law 
 while serving as a judge shall be credited only at one-half of 
 the regular rate.  Any period of part time uncredited judicial 
 service may be credited service for the purposes of sections 
 490.121 to 490.132 only if: 

    (a) The judge or the judge's employer pays to the judges' 
 retirement fund a sum equal to the rate of employee tax 
 specified in the Federal Insurance Contributions Act during the 
 period of part time service applied to one-half of the average 
 salary earned during the period of part-time service, plus 
 accrued interest thereon at the rate of five percent per year 
 compounded annually from the period of service so credited to 
 the date payment is made; 

    (b) The payment is made in not more than 36 monthly 
 installments; and 

    (c) The judge shall elect to make the payment and shall 
 commence doing so within 90 days after the commencement of the 
 judge's first term in office. 

    Subd. 7.  Repealed, 1977 c 432 s 49 

    Subd. 8.    Exclusive normal retirement benefits.  Any 
 judge who retires after December 31, 1973, shall be entitled to 
 a retirement pension, retirement compensation or other 
 retirement payment under statutes applicable solely to judges 
 pursuant to this section only, except that any such judge in 
 office prior to January 1, 1974, who retires at or after normal 
 retirement age may then elect to receive during the judge's 
 lifetime a normal retirement annuity computed on the basis of 
 retirement compensation provided for such judge under statutes 
 in effect on December 31, 1973, in lieu of the amount of normal 
 retirement annuity otherwise computed under sections 490.121 to 
 490.132.  For purposes of this subdivision, the Conciliation 
 Court of the city of Duluth shall be deemed to have been a court 
 of record by the statutes in effect on December 31, 1973.  

    Subd. 9.    Survivors' annuity.  Upon the death of a 
 judge prior to retirement, or upon the death of a person who has 
 qualified for an annuity but who ceases to be a judge prior to 
 retirement and has not received a refund of contributions 
 pursuant to subdivision 12, a surviving spouse or, if there be 
 no surviving spouse, dependent children, shall receive an 
 annuity, payable monthly, equal to 60 percent of the normal 
 retirement annuity which would have been payable to the judge or 
 former judge had the date of death been the normal retirement 
 date, provided that the surviving spouse or dependent children 
 shall receive an annuity of not less than 25 percent of the 
 judge's or former judge's final average compensation. 

    If a judge, whose surviving spouse was not entitled to 
 survivors benefits provided solely for judges under statutes in 
 effect prior to January 1, 1974, shall have died prior to 
 retirement on or after May 23, 1973 and before January 1, 1974, 
 a surviving spouse and dependent children, if any, shall be 
 entitled to survivors benefits as provided hereunder as if such 
 judge had died on January 1, 1974. 

    Subd. 10.    Prior survivors' benefits; limitation.  
 Benefits provided pursuant to section 490.102, subdivision 6, or 
 490.1091, for a surviving spouse of a retired judge, payable 
 after the death of the judge, shall be limited to: 

    (a) Spouses of judges who have retired prior to January 1, 
 1974; and 

    (b) Spouses of judges in office on December 31, 1973 and 
 thereafter who elect to continue contributions pursuant to 
 section 490.102, subdivision 6 or 490.109.  The contributions 
 shall be in addition to contributions pursuant to section 
 490.123, and upon retirement the judge may not elect to receive 
 any optional annuity pursuant to subdivision 11 unless the judge 
 and the spouse shall waive any benefits pursuant to section 
 490.102, subdivision 6 or 490.1091. 

    No other judge in office on or after January 1, 1974, shall 
 be required to contribute pursuant to section 490.102, 
 subdivision 6 or 490.109. 

    Subd. 11.    Optional annuities.  No survivor or death 
 benefits may be paid in connection with the death of a judge who 
 retires after December 31, 1973, except as otherwise provided in 
 sections 490.121 to 490.132.  Except as provided in subdivision 
 10, a judge may elect to receive, instead of the normal 
 retirement annuity, an optional retirement annuity in the form 
 of an annuity payable for a period certain and for life after 
 that period, a joint and survivor annuity without reinstatement 
 in the event of the designated beneficiary predeceasing the 
 retired judge, or a joint and survivor annuity with 
 reinstatement in the event of the designated beneficiary 
 predeceasing the retired judge.  An optional retirement annuity 
 must be actuarially equivalent to a single-life annuity with no 
 term certain and must be established by the board of directors 
 of the Minnesota State Retirement System.  In establishing these 
 optional retirement annuity forms, the board shall obtain the 
 written recommendation of the actuary retained by the 
 Legislative Commission on Pensions and Retirement.  The 
 recommendations must be a part of the permanent records of the 
 board. 

    Subd. 12.    Refund.  (a) A person who ceases to be a 
 judge but who does not qualify for a retirement annuity or other 
 benefit under section 490.121 is entitled to a refund in an 
 amount equal to all the member's employee contributions to the 
 judges' retirement fund plus interest computed under section 
 352.22, subdivision 2. 

    (b) A refund of contributions under paragraph (a) 
 terminates all service credits and all rights and benefits of 
 the judge and the judge's survivors.  A person who becomes a 
 judge again after taking a refund under paragraph (a) may 
 reinstate the previously terminated service credits, rights, and 
 benefits by repaying the total amount of the previously received 
 refund.  The refund repayment must include interest on the total 
 amount previously received at an annual rate of 8.5 percent 
 compounded annually from the date on which the refund was 
 received until the date on which the refund is repaid. 

    Subd. 13.    Death refund.  If a judge who has not 
 received other benefits under this chapter dies and there are no 
 survivor benefits payable under this chapter, a refund plus 
 interest as provided in subdivision 12 is payable to the last 
 designated beneficiary named on a form filed with the director 
 before the death of the judge, or if no designation is on file, 
 the refund is payable to the estate of the deceased judge. 

    HIST: 1973 c 744 s 4; 1974 c 406 s 92; 1975 c 418 s 3,4; 1978 
 c 626 s 2,3; 1979 c 296 s 3; 1980 c 607 art 15 s 17; 1981 c 224 
 s 229-232; 1981 c 319 s 1,2; 1983 c 128 s 35; 1983 c 286 s 22; 
 1984 c 574 s 16; 1986 c 444; 1987 c 259 s 80; 1988 c 709 art 9 s 
 4; art 10 s 2; 1989 c 319 art 5 s 7; 1991 c 345 art 1 s 104; 
 1992 c 432 art 1 s 10; 1992 c 598 art 1 s 13; 1993 c 307 art 1 s 
 41,42; 1996 c 438 art 1 s 4; 1997 c 233 art 1 s 66,67; 2000 c 
 461 art 18 s 8; 2002 c 392 art 11 s 52; 2004 c 267 art 9 s 23 

     490.125 Mandatory retirement.  

    Subdivision 1.    Mandatory retirement.  Except as otherwise 
 provided in sections 
 490.121 to 490.132, each judge shall retire on the judge's 
 mandatory retirement date.  

    Subd. 2.    Exception.  Except as provided by sections 490.025, 
 subdivision 3, 490.102, subdivisions 3 and 3a and 490.12, 
 subdivision 2, any judge in office on December 31, 1973 who 
 shall have attained 70 years of age on or prior to such date 
 shall retire upon the expiration of the term of office of such 
 judge.  

    HIST: 1973 c 744 s 5 subds 1,2; 1986 c 444 

     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.  The 
 provisions of section 356.401 apply to the judges retirement 
 plan.  

    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; 1Sp2005 c 8 art 10 s 79 

  490.127 Repealed, 1981 c 224 s 276 

  490.128 Repealed, 1981 c 224 s 276 

  490.129 Repealed, 1992 c 492 s 3 

  490.13 Repealed, 1981 c 224 s 276 

  490.131 Repealed, 1978 c 563 s 31 

     490.132 Coverage for certain Supreme Court justices. 

    A judge of the Supreme Court who holds office on or prior 
 to January 1, 1974, shall be covered by the applicable 
 provisions of sections 490.025 to 490.106, shall continue to 
 receive all the benefits thereunder and shall not be covered by 
 the provisions of sections 490.121 to 490.132 unless the judge 
 had elected, in writing, to be covered by the provisions of 
 sections 490.121 to 490.132 by notifying the director of the 
 state retirement system by January 1, 1974. 

    HIST: 1973 c 744 s 12; 1981 c 224 s 235 

     490.133 Retirement; transition provisions; transfer to 
  Court of Appeals. 

    If a judge to whom or to whose survivors benefits would be 
 payable under sections 490.101 to 490.12, is elected or 
 appointed to the Court of Appeals, that judge and the judge's 
 survivors, shall continue to be eligible for benefits under 
 those sections and not under sections 490.121 to 490.132.  In 
 that case, the service of the judge in the Court of Appeals 
 shall be added to the service as district judge, probate judge, 
 or judge of any other court of record in determining eligibility 
 and the compensation of a judge of the Court of Appeals at the 
 time of the judge's death, disability, or retirement shall be 
 the "compensation allotted to the office" for the purposes of 
 calculating benefit amounts.  All other judges of the court of 
 appeals and their survivors shall be subject to the retirement 
 and survivor's annuity provisions of sections 490.121 to 490.132.

    HIST: 1982 c 501 s 24 

BOARD ON JUDICIAL STANDARDS

     490.15 Establishment; composition. 

    Subdivision 1.    Board created; composition.  The Board on 
 Judicial Standards is 
 established and consists of one judge of the Court of Appeals, 
 three trial court judges, two lawyers who have practiced law in 
 the state for ten years and four citizens who are not judges, 
 retired judges, or lawyers.  The executive secretary is 
 appointed by the governor.  Commencing July 1, 1980, the board 
 shall appoint the executive secretary.  All members shall be 
 appointed by the governor with the advice and consent of the 
 senate except that senate confirmation shall not be required for 
 the judicial members.  No member shall serve more than two full 
 four-year terms or their equivalent.  Membership terminates if a 
 member ceases to hold the position that qualified the member for 
 appointment. 

    Subd. 2.    Section 15.0575 applies.  The membership terms, 
 compensation, removal of 
 members, and filling of vacancies on the board shall be as 
 provided in section 15.0575. 

    Subd. 3.    Salary of executive secretary.  The salary of the 
 executive secretary of the 
 board shall be 85 percent of the maximum salary provided for an 
 administrative law judge under section 15A.083, subdivision 6a. 

    HIST: 1971 c 909 s 1; 1973 c 214 s 2; 1974 c 514 s 1; 1975 c 
 271 s 6; 1976 c 134 s 75; 1977 c 455 s 87; 1978 c 713 s 1; 1983 
 c 305 s 27; 1984 c 379 s 3; 1986 c 444; 1987 c 377 s 9; 1996 c 
 408 art 11 s 6 

     490.16 Powers. 

    Subdivision 1.    Felony charge.  A judge is disqualified from 
 acting as a 
 judge, without loss of salary, while there is pending an 
 indictment or any information charging the judge with a crime 
 punishable as a felony under Minnesota or federal law, or a 
 recommendation to the Supreme Court by the Board on Judicial 
 Standards for the judge's removal or retirement. 

    Subd. 2.    Suspension.  On recommendation of the Board on 
 Judicial 
 Standards or on its own motion, the Supreme Court may suspend a 
 judge from office without salary when the judge pleads guilty or 
 no contest or is found guilty of a crime punishable as a felony 
 under Minnesota or federal law or any other crime that involves 
 moral turpitude.  If the conviction is reversed, suspension 
 terminates and the judge shall be paid a salary for the period 
 of suspension.  If the judge is suspended and the conviction 
 becomes final, the Supreme Court shall remove the judge from 
 office. 

    Subd. 3.    Disability retirement.  On recommendation of the 
 Board on Judicial 
 Standards, the Supreme Court may retire a judge for disability 
 that seriously interferes with the performance of duties and is 
 or is likely to become permanent, and censure or remove a judge 
 for action or inaction that may constitute persistent failure to 
 perform duties, incompetence in performing duties, habitual 
 intemperance or conduct prejudicial to the administration of 
 justice that brings the judicial office into disrepute. 

    The board is specifically empowered to reopen any matter 
 wherein any information or evidence was previously precluded by 
 a statute of limitations or by a previously existing provision 
 of time limitation. 

    Subd. 4.    Effect of retirement by Supreme Court.  A judge 
 retired by the Supreme Court shall be 
 considered to have retired voluntarily.  A judge removed by the 
 Supreme Court is ineligible for judicial office and the question 
 of the removed judge's right to practice law in this state shall 
 be referred to the proper authority for review. 

    Subd. 5.    Rules.  The Supreme Court shall make rules to 
 implement 
 this section. 

    Subd. 6.    Other retirement benefits.  This section and section 
 490.15, shall not affect 
 the right of a judge who is suspended, retired or removed 
 hereunder from qualifying for any pension or other retirement 
 benefits to which the judge would otherwise be entitled by law. 

    HIST: 1971 c 909 s 2; 1975 c 271 s 6; 1976 c 239 s 122; 1978 c 
 475 s 1; 1978 c 713 s 2; 1986 c 444 

  490.17 Repealed, 1973 c 214 s 3 

     490.18 Persons affected. 

    The provisions of sections 490.15 and 490.16 apply to all 
 judges, judicial officers, and referees. 

    HIST: 1973 c 214 s 1; 1983 c 359 s 72