3A.02 RETIREMENT ALLOWANCE.
Subdivision 1. Qualifications.
(a) A former legislator is entitled, upon written application to
the director, to receive a retirement allowance monthly, if the person:
(1) has either served at least six full years, without regard to the application of section
3A.10, subdivision 2
, or has served during all or part of four regular sessions as a member of the
legislature, which service need not be continuous;
(2) has attained the normal retirement age;
(3) has retired as a member of the legislature; and
(4) has made all contributions provided for in section
, has made payments for past
service under subdivision 2, or has made payments in lieu of contributions under Minnesota
Statutes 1992, section
, before July 1, 1994.
(b) Unless the former legislator has legislative service before January 1, 1979, the retirement
allowance is an amount equal to 2-1/2 percent per year of service of that member's average
monthly salary and adjusted for that person on an actuarial equivalent basis to reflect the change
in the postretirement interest rate actuarial assumption under section
, subdivision 8, from
five percent to six percent. The adjustment must be calculated by or, alternatively, the adjustment
procedure must be specified by, the actuary retained under section
. The purpose of this
adjustment is to ensure that the total amount of benefits that the actuary predicts an individual
member will receive over the member's lifetime under this paragraph will be the same as the total
amount of benefits the actuary predicts the individual member would receive over the member's
lifetime under the law in effect before enactment of this paragraph. If the former legislator has
legislative service before January 1, 1979, the person's benefit must include the additional benefit
amount in effect on January 1,1979, and adjusted as otherwise provided in this paragraph.
(c) The retirement allowance accrues beginning with the first day of the month of receipt
of the application, but not before age 60, and for the remainder of the former legislator's life, if
the former legislator is not serving as a member of the legislature or as a constitutional officer as
defined in section
, subdivision 1c. The annuity does not begin to accrue before the person's
retirement as a legislator. No annuity payment may be made retroactive for more than 180 days
before the date that the annuity application is filed with the director.
(d) Any member who has served during all or part of four regular sessions is considered to
have served eight years as a member of the legislature.
(e) The retirement allowance ceases with the last payment that accrued to the retired
legislator during the retired legislator's lifetime, except that the surviving spouse, if any, is entitled
to receive the retirement allowance of the retired legislator for the calendar month in which
the retired legislator died.
Subd. 1a.[Repealed, 1973 c 653 s 47
Subd. 1b. Reduced retirement allowance.
(a) Upon separation from service after the
beginning of the 1981 legislative session, a former member of the legislature who has attained the
age set by the board of directors of the Minnesota State Retirement System and who is otherwise
qualified under subdivision 1 is entitled, upon making written application on a form prescribed by
the director, to a reduced retirement allowance. The reduced retirement allowance is an amount
equal to the retirement allowance specified in subdivision 1, paragraph (b), that is reduced so that
the reduced allowance is the actuarial equivalent of the allowance that would be payable if the
former member of the legislature deferred receipt of the allowance and the allowance amount was
augmented at an annual rate of three percent compounded annually from the date the allowance
begins to accrue until age 62.
(b) The age set by the board of directors under paragraph (a) cannot be an earlier age than
the early retirement age under section
352.116, subdivision 1a
(c) If there is an actuarial cost to the plan of resetting the early retirement age under
paragraph (a), the retired legislator is required to pay an additional amount to cover the full
actuarial value. The additional amount must be paid in a lump sum within 30 days of the
certification of the amount by the executive director.
(d) The executive director of the Minnesota State Retirement System shall report to the
Legislative Commission on Pensions and Retirement on the utilization of this provision annually
on or before September 1.
Subd. 2.[Repealed, 2006 c 271 art 10 s 33
Subd. 3. Appropriation.
The amounts required for payment of retirement allowances
provided by this section are appropriated annually to the director from the participation of the
legislators retirement plan in the Minnesota postretirement investment fund. The retirement
allowance must be paid monthly to the recipients entitled to those retirement allowances.
Subd. 4. Deferred annuities augmentation.
(a) The deferred retirement allowance of any
former legislator must be augmented as provided herein.
(b) The required reserves applicable to the deferred retirement allowance, determined as
of the date the benefit begins to accrue using an appropriate mortality table and an interest
assumption of six percent, must be augmented from the first of the month following the
termination of active service, or July 1, 1973, whichever is later, to the first day of the month in
which the allowance begins to accrue, at the following annually compounded rate or rates:
(1) five percent until January 1, 1981;
(2) three percent from January 1, 1981, or from the first day of the month following the
termination of active service, whichever is later, until January 1 of the year in which the former
legislator attains age 55; and
(3) five percent from the period end date under clause (2) to the effective date of retirement.
Subd. 5. Optional annuities.
(a) The board of directors shall establish an optional retirement
annuity in the form of a joint and survivor annuity and an optional retirement annuity in the form
of a period certain and life thereafter. Except as provided in paragraph (b), these optional annuity
forms must be actuarially equivalent to the normal allowance computed under this section, plus
the actuarial value of any surviving spouse benefit otherwise potentially payable at the time of
retirement under section
3A.04, subdivision 1
. An individual selecting an optional annuity under
this subdivision and the person's spouse waive any rights to surviving spouse benefits under
3A.04, subdivision 1
(b) If a retired legislator selects the joint and survivor annuity option, the retired legislator
must receive a normal single-life allowance if the designated optional annuity beneficiary dies
before the retired legislator and no reduction may be made in the annuity to provide for restoration
of the normal single-life allowance in the event of the death of the designated optional annuity
(c) The surviving spouse of a legislator who has attained at least age 55 and who dies while a
member of the legislature may elect an optional joint and survivor annuity under paragraph (a), in
lieu of surviving spouse benefits under section
, subdivision 1.
History: 1965 c 896 s 2; 1967 c 877 s 1,2; 1969 c 155 s 1; 1969 c 399 s 1; 1969 c 1115 s 1;
1971 c 928 s 1,2; 1973 c 653 s 1-3; 1974 c 445 s 2-4; 1975 c 368 s 3-5; 1977 c 35 s 12; 1978 c
796 s 3-6; 1980 c 607 art 14 s 45 subd 2; 1981 c 224 s 4; 1986 c 444; 1989 c 319 art 16 s 3-5;
1993 c 307 art 1 s 1; art 2 s 1; 1994 c 528 art 1 s 1; 1995 c 186 s 2; 1995 c 262 art 8 s 1; 1997 c
233 art 1 s 3,4; 1999 c 222 art 9 s 1; 2002 c 392 art 11 s 52; 2006 c 271 art 10 s 13-17; art 12 s 1