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Minnesota Legislature

Office of the Revisor of Statutes

CHAPTER 490. JUDGES RETIREMENT

Table of Sections
SectionHeadnote
490.01Repealed, 1949 c 640 s 5 subd 2
490.02Repealed, 1949 c 640 s 5 subd 2
490.021Repealed, 2006 c 271 art 11 s 49
490.025
490.026Repealed, 1959 c 688 s 6
490.027Repealed, 1949 c 640 s 5; 1949 c 645 s 3
490.030Repealed, 1959 c 688 s 6
490.031Repealed, 1959 c 688 s 6
490.04Repealed, 1978 c 475 s 2
490.05Repealed, 1978 c 475 s 2
490.06Repealed, 1978 c 475 s 2
490.07Repealed, 1978 c 475 s 2
490.08Repealed, 1978 c 475 s 2
490.09Repealed, 1978 c 475 s 2
490.10Repealed, 1949 c 640 s 5 subd 1
490.101Repealed, 2006 c 271 art 11 s 49
490.102
490.103Repealed, 2006 c 271 art 11 s 49
490.104Repealed, 1981 c 224 s 276
490.105Repealed, 2006 c 271 art 11 s 49
490.106Repealed, 2006 c 271 art 11 s 49
490.107Repealed, 2006 c 271 art 11 s 49
490.108Repealed, 2006 c 271 art 11 s 49
490.109Repealed, 2006 c 271 art 11 s 49
490.1091Repealed, 2006 c 271 art 11 s 49
490.11Repealed, 2004 c 267 art 8 s 41
490.12

UNIFORM RETIREMENT AND SURVIVORS'

ANNUITIES FOR JUDGES

490.121DEFINITIONS.
490.1211UNIFORMED SERVICE.
490.122ADMINISTRATION OF JUDGES' RETIREMENT.
490.123JUDGES' RETIREMENT FUND.
490.124MATURITY OF BENEFITS; RETIREMENT AND SURVIVORS' ANNUITIES.
490.125MANDATORY RETIREMENT.
490.126PROCEDURES.
490.127Repealed, 1981 c 224 s 276
490.128Repealed, 1981 c 224 s 276
490.129Repealed, 1992 c 492 s 3
490.13Repealed, 1981 c 224 s 276
490.131Repealed, 1978 c 563 s 31
490.132Repealed, 2006 c 271 art 11 s 49
490.133RETIREMENT; TRANSITION PROVISIONS; TRANSFER TO COURT OF APPEALS.
490.15Repealed, 2006 c 271 art 11 s 49
490.16Repealed, 2006 c 271 art 11 s 49
490.17Repealed, 1973 c 214 s 3
490.18Repealed, 2006 c 271 art 11 s 49
490.01 [Repealed, 1949 c 640 s 5 subd 2]
490.02 [Repealed, 1949 c 640 s 5 subd 2]
490.021 [Repealed, 2006 c 271 art 11 s 49]
    Subdivision 1.[Repealed, 2006 c 271 art 11 s 49]
    Subd. 2.[Repealed, 2006 c 271 art 11 s 49]
    Subd. 3.[Repealed, 2006 c 271 art 11 s 49]
    Subd. 4.[Repealed, 2006 c 271 art 11 s 49]
    Subd. 5.[Repealed, 2006 c 271 art 11 s 49]
    Subd. 6.[Repealed, 2006 c 271 art 11 s 49]
    Subd. 7.[Repealed, 1967 c 700 s 10; 2006 c 271 art 11 s 49]
    Subd. 8.[Repealed, 1980 c 614 s 191; 2006 c 271 art 11 s 49]
    Subd. 9.[Repealed, 1967 c 700 s 10; 2006 c 271 art 11 s 49]
490.026 [Repealed, 1959 c 688 s 6]
490.027 [Repealed, 1949 c 640 s 5; 1949 c 645 s 3]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 [Repealed, 2006 c 271 art 11 s 49]
    Subdivision 1.[Repealed, 2006 c 271 art 11 s 49]
    Subd. 2.[Repealed, 2006 c 271 art 11 s 49]
    Subd. 3.[Repealed, 2006 c 271 art 11 s 49]
    Subd. 3a.[Repealed, 2006 c 271 art 11 s 49]
    Subd. 4.[Repealed, 2006 c 271 art 11 s 49]
    Subd. 5.[Repealed, 1977 c 35 s 21; 2006 c 271 art 11 s 49]
    Subd. 6.[Repealed, 2006 c 271 art 11 s 49]
    Subd. 7.[Repealed, 2006 c 271 art 11 s 49]
    Subd. 8.[Repealed, 2006 c 271 art 11 s 49]
490.103 [Repealed, 2006 c 271 art 11 s 49]
490.104 [Repealed, 1981 c 224 s 276]
490.105 [Repealed, 2006 c 271 art 11 s 49]
490.106 [Repealed, 2006 c 271 art 11 s 49]
490.107 [Repealed, 2006 c 271 art 11 s 49]
490.108 [Repealed, 2006 c 271 art 11 s 49]
490.109 [Repealed, 2006 c 271 art 11 s 49]
490.1091 [Repealed, 2006 c 271 art 11 s 49]
490.11 [Repealed, 2004 c 267 art 8 s 41]
    Subdivision 1.[Repealed, 2006 c 271 art 11 s 49]
    Subd. 2.[Repealed, 2006 c 271 art 11 s 49]
    Subd. 3.[Repealed, 2006 c 271 art 11 s 49]
    Subd. 4.[Repealed, 2006 c 271 art 11 s 49]
    Subd. 5.[Repealed, 2006 c 271 art 11 s 49]
    Subd. 6.[Repealed, 2006 c 271 art 11 s 49]
    Subd. 7.[Repealed, 1979 c 296 s 7; 2006 c 271 art 11 s 49]
    Subd. 8.[Repealed, 1979 c 296 s 7; 2006 c 271 art 11 s 49]
    Subd. 9.[Repealed, 2006 c 271 art 11 s 49]

UNIFORM RETIREMENT AND SURVIVORS'

ANNUITIES FOR JUDGES

490.121 DEFINITIONS.
    Subdivision 1. Scope. For purposes of this chapter, unless the context clearly indicates
otherwise, each of the terms defined in this section has the meaning given it.
    Subd. 2.[Repealed, 2006 c 271 art 11 s 49]
    Subd. 2a. 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. 3.[Repealed, 2006 c 271 art 11 s 49]
    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, during which the judge
received compensation for that service from the state, municipality, or county, whichever applies,
and for which the judge made any required member contribution. It also includes any month
served as a referee in probate for all referees in probate who were in office before 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.
(c) "Allowable service" does not mean service as a retired judge.
    Subd. 5.[Repealed, 2006 c 271 art 11 s 49]
    Subd. 6. Annuity. "Annuity" means the payments that are made each year to an annuitant
from the judges' retirement fund under this chapter.
    Subd. 7. Annuitant. "Annuitant" means a former judge, a surviving spouse, or a dependent
child who is entitled to and is receiving an annuity under this chapter.
    Subd. 7a. Approved actuary. "Approved actuary" means an actuary as defined in section
356.215, subdivision 1, paragraph (c).
    Subd. 7b. Court. "Court" means any court of this state that is established by the Minnesota
Constitution.
    Subd. 7c. Dependent surviving child. "Dependent surviving 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 who is a full-time student throughout the normal school year, is
unmarried, and is actually dependent for more than one-half of the child's support upon the judge
for a period of at least 90 days before the judge's death. It also includes any natural child of the
judge who was born after the death of the judge.
    Subd. 8.[Repealed, 2006 c 271 art 11 s 49]
    Subd. 9.[Repealed, 2006 c 271 art 11 s 49]
    Subd. 10.[Repealed, 2006 c 271 art 11 s 49]
    Subd. 11.[Repealed, 2006 c 271 art 11 s 49]
    Subd. 12.[Repealed, 2006 c 271 art 11 s 49]
    Subd. 13. Disability. "Disability" means the permanent inability of a judge to continue to
perform the functions of judge by reason of a physical or mental impairment resulting from a
sickness or an injury.
    Subd. 14. Disability retirement date. "Disability retirement date" means the last day of
the first month after the date on which the governor determines, upon receipt of the 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 the retirement
of the judge because of a disability.
    Subd. 15a. Early retirement date. "Early retirement date" means the last day of the month
after a judge attains the age of 60 but before the judge reaches the normal retirement date.
    Subd. 15b. 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 by the judge
at an early retirement date.
    Subd. 16.[Repealed, 2006 c 271 art 11 s 49]
    Subd. 17.[Repealed, 2006 c 271 art 11 s 49]
    Subd. 18.[Repealed, 2006 c 271 art 11 s 49]
    Subd. 19.[Repealed, 2006 c 271 art 11 s 49]
    Subd. 20.[Repealed, 2006 c 271 art 11 s 49]
    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. 21b. Judge. "Judge" means a judge or a justice of any court as defined under
subdivision 7b.
    Subd. 21c. Judges' retirement fund; retirement fund; fund. "Judges' retirement fund,"
"retirement fund," or "fund" means the fund created by section 490.123.
    Subd. 21d. Mandatory retirement date. "Mandatory retirement date" means the last day of
the month in which a judge has attained 70 years of age.
    Subd. 21e. Normal retirement annuity. Except as otherwise provided in this chapter,
"normal retirement annuity" means an annuity to which a judge is entitled under section 490.124,
subdivision 1
, upon retirement on or after the normal retirement date of the judge.
    Subd. 21f. Normal retirement date. "Normal retirement date" means the last day of the
month in which a judge attains the age of 65.
    Subd. 22. Service credit limit. "Service credit limit" means the greater of: (1) 24 years of
allowable service under this chapter; or (2) for judges with allowable service rendered before 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.
    Subd. 23. Surviving spouse. "Surviving spouse" means the surviving legally married spouse
of a deceased judge.
    Subd. 24. 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.
History: 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; 2006 c 271 art 11 s 1-21,48
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.
History: 2004 c 267 art 3 s 8
490.122 ADMINISTRATION OF JUDGES' RETIREMENT.
    Subdivision 1. Administration. The policy-making, management, and administrative
functions governing the operation of the judges' retirement fund and the administration of
this chapter are vested in the board of directors and executive director of the Minnesota State
Retirement System. In administering the plan and fund, the board and the director have the same
duties, authority, and responsibility as are provided in chapter 352.
    Subd. 2. Inapplicability of certain laws. Except as otherwise specified, no provision of
chapter 352 applies to the judges' retirement fund or any judge.
    Subd. 3. Fiduciary responsibility. Fiduciary activities relating to the uniform judges'
retirement plan must be undertaken in a manner consistent with chapter 356A.
History: 1973 c 744 s 2; 1981 c 224 s 227; 1989 c 319 art 8 s 29; 2006 c 271 art 11 s 22
490.123 JUDGES' RETIREMENT FUND.
    Subdivision 1. Fund creation; revenue and authorized disbursements. (a) There is created
a special fund to be known as the "judges' retirement fund."
    (b) The judges' retirement fund must be credited with all contributions; all interest,
dividends, and other investment proceeds; and all other income authorized by this chapter or
other applicable law.
    (c) From this fund there are appropriated the payments authorized by this chapter, 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 and 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) The contribution under this subdivision is payable by salary deduction. The deduction
must be made by the state court administrator under section 352.04, subdivisions 4, 5, and 8.
    Subd. 1b. Employer contribution rate. (a) The employer contribution rate to the fund
on behalf of a judge is 20.5 percent of salary. The employer obligation continues after a judge
exceeds the service credit limit in section 490.121, subdivision 22.
    (b) The employer contribution must be paid by the state court administrator. The employer
contribution is payable at the same time as member contributions are made under subdivision 1a
or as employee contributions are made to the unclassified program governed by chapter 352D for
judges whose service exceeds the limit in section 490.121, subdivision 22, are remitted.
    Subd. 1c. Additional employer contribution. If 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 in
a month, the necessary amount is appropriated from the general fund to the executive director
of the Minnesota State Retirement System, upon the certification of the required amount 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 is the ex officio treasurer of
the judges' retirement fund. The commissioner's general bond to the state must be conditioned to
cover all liability for acting as the treasurer of the fund. All money received by the commissioner
under this section must be set aside in the state treasury to the credit of the judges' retirement fund.
    Subd. 3. Investment. (a) The executive director of the Minnesota State Retirement System
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.
    (b) Assets from the judges' retirement fund must be transferred to the Minnesota
postretirement investment fund for retirement and disability benefits as provided in sections
11A.18
and 352.119.
    (c) 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 in compliance with sections 356A.04 and 356A.06.
History: 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; 2006 c 271 art 11 s 23-28,48
490.124 MATURITY OF BENEFITS; RETIREMENT AND SURVIVORS' ANNUITIES.
    Subdivision 1. Basic retirement annuity. (a) Except as qualified hereinafter from and after
the mandatory retirement date, the normal retirement date, the early retirement date, or one year
from the disability retirement date, as the case may be, a retiring judge is eligible to receive a
retirement annuity from the judges' retirement fund.
    (b) The retirement annuity is an amount equal to: (1) the percent specified in section
356.315, subdivision 7, multiplied by the judge's final average compensation with that result then
multiplied by the number of years and fractions of years of allowable service rendered before
July 1, 1980; plus (2) the percent specified in section 356.315, subdivision 8, multiplied by the
judge's final average compensation with that result then multiplied by the number of years and
fractions of years of allowable service rendered after June 30, 1980.
    (c) Service that exceeds the service credit limit in section 490.121, subdivision 22, must be
excluded in calculating the retirement annuity, but the compensation earned by the judge during
this period of judicial service must be used in determining a judge's final average compensation
and calculating the retirement annuity.
    Subd. 2. Minimum service requirement. (a) Unless section 356.30 applies, a judge is not
eligible for an annuity at the normal retirement date or the early retirement date if the judge
has less than five years of allowable service.
    (b) A judge who retires on or, as permitted under this chapter, after the judge's mandatory
retirement date, is entitled to a proportionate annuity based upon the allowable service of the
judge at the date of retirement.
    Subd. 3. Early reduced retirement. The retirement annuity under subdivision 1 of any
judge who elects to retire at an early retirement date must be reduced by one-half of one percent
per month from the retirement date to the normal retirement date.
    Subd. 4. Disability retirement. (a) When the governor determines that a judge is disabled
under section 490.121, subdivision 13, notice of the governor's determination must be sent to
the judge, to the chief justice of the Supreme Court, to the state court administrator, and to the
executive director of the Minnesota State Retirement System.
    (b) From and after disability retirement date, a disabled judge is 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 is entitled to earn additional service credit in the
judges' retirement plan. The salary payable to a disabled judge is subject to retirement deductions
and must be included in computing final average compensation of the judge.
    (c) At the conclusion of the year of continued salary following a disability or upon the judge's
mandatory retirement date, whichever is earlier, the disabled judge is entitled to a disability
retirement annuity computed as provided in subdivision 1. If the computed retirement annuity
is a smaller amount, the judge is entitled to receive a minimum annuity of 25 percent of the
judge's final average compensation.
    Subd. 5. Deferred benefits. (a) A benefit to which a judge is entitled under this section may
be deferred until the early or normal retirement date or later, notwithstanding the termination
of the 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 under section 356.214.
    Subd. 6.[Repealed, 2006 c 271 art 11 s 49]
    Subd. 7.[Repealed, 1977 c 432 s 49]
    Subd. 8. Exclusive normal retirement benefits. (a) Except as provided in paragraph (b),
a judge who retires after December 31, 1973, is entitled to a retirement pension, retirement
compensation or other retirement payment under statutes applicable solely to judges under this
section only.
    (b) A judge who was in office before 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 this chapter.
    Subd. 9. Survivors' annuity. (a) Upon the death of a judge before retirement, or upon the
death of a person who has qualified for an annuity under this section but who ceases to be a
judge before retirement and who has not received a refund of contributions under subdivision
12, a surviving spouse is entitled to, or, if there be no surviving spouse, dependent children,
are entitled to receive an annuity, payable monthly, equal in total 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.
    (b) The annuity payable to a surviving spouse or to dependent children is an amount of not
less than 25 percent of the judge's or the former judge's final average compensation.
     (c) The surviving spouse of a deceased judge may elect to receive, in lieu of the annuity
under paragraphs (a) and (b), an annuity equal to the 100 percent joint and survivor annuity which
the judge or former judge could have qualified for on the date of death.
    Subd. 10. Prior survivors' benefits; limitation. (a) Benefits provided under Minnesota
Statutes 2004, section 490.102, subdivision 6, or 490.1091, for a surviving spouse of a retired
judge, payable after the death of the judge, are limited to spouses of judges who have retired
before January 1, 1974.
    (b) No other judge in office on or after January 1, 1974, is required to contribute under
Minnesota Statutes 2004, section 490.102, subdivision 6, or 490.109.
    Subd. 11. Limitation on survivor benefits; optional annuities. (a) 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 this chapter.
    (b) 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 either (1) an annuity payable for
a period certain and for life after that period, (2) a joint and survivor annuity without reinstatement
if the designated beneficiary predeceases the retired judge, or (3) a joint and survivor annuity with
reinstatement if the designated beneficiary predeceases the retired judge.
    (c) 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 under section 356.214. The recommendations
must be retained as a part of the permanent records of the board.
    Subd. 12. Refund. (a) A person who ceases to be a judge is entitled to a refund in an amount
that is equal to all of 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 under this chapter.
    (c) A person who becomes a judge again after taking a refund under paragraph (a) may
reinstate the previously terminated allowable service credit, 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, to the estate of the deceased judge.
History: 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; 2006 c 271 art 11 s 29-39,48; art 12 s 3
490.125 MANDATORY RETIREMENT.
    Subdivision 1. Mandatory retirement age. Except as otherwise provided in this chapter, a
judge shall terminate active service as a judge on the judge's mandatory retirement date.
    Subd. 2. Exception. 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.
History: 1973 c 744 s 5 subds 1,2; 1986 c 444; 2006 c 271 art 11 s 40,41,48
490.126 PROCEDURES.
    Subdivision 1. Compulsory retirement. Proceedings for compulsory retirement of a
judge, if necessary, must be conducted in accordance with rules issued by the Supreme Court
under section 490A.02.
    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, effects a vacancy in the office to be filled as provided by law.
    Subd. 3. Application for annuity or refund. An application for an annuity or a refund
under this chapter may be made by the potential annuitant or by someone authorized to act for the
potential annuitant. Every application for an annuity or refund, accompanied by a proof of age
and by a record of years of service when required, must be submitted to the executive director of
the Minnesota State Retirement System in a form prescribed by the director.
    Subd. 4. Manner of payment. Unless otherwise specifically provided by statute or agreed
upon by the annuitant and the board of directors of the Minnesota State Retirement System,
annuities payable under this chapter must be paid in the manner and at the intervals as prescribed
by the executive director of the Minnesota State Retirement System. The annuity ceases 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.
History: 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; 2006 c 271 art 11 s 42,48
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 [Repealed, 2006 c 271 art 11 s 49]
490.133 RETIREMENT; TRANSITION PROVISIONS; TRANSFER TO COURT OF
APPEALS.
    (a) If a judge to whom or to whose survivors benefits would be payable under Minnesota
Statutes 2004, sections 490.101 to 490.12, is elected or appointed to the Court of Appeals, that
judge and the judge's survivors continue to be eligible for benefits under those sections and not
under sections 490.121 to 490.132.
    (b) In the case of a judge to whom paragraph (a) applies, the service of the judge in the Court
of Appeals must be added to the prior 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 is the "compensation allotted
to the office" for the purposes of calculating benefit amounts.
    (c) All other judges of the Court of Appeals and their survivors are subject to the retirement
and survivor's annuity provisions of this chapter.
History: 1982 c 501 s 24; 2006 c 271 art 11 s 43,48
490.15 [Repealed, 2006 c 271 art 11 s 49]
490.16 [Repealed, 2006 c 271 art 11 s 49]
490.17 [Repealed, 1973 c 214 s 3]
490.18 [Repealed, 2006 c 271 art 11 s 49]