Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

    Subdivision 1. Election of division. Notwithstanding section 518.58, subdivision 4,
paragraph (a), clause (5), a former legislator or the former spouse of a former legislator, if a
portion of the former legislator's retirement allowance is awarded to the former spouse under a
marriage dissolution property division decree by a court of competent jurisdiction, may elect to
have payment of the portion of the legislator's retirement allowance designated in the decree as
payable to the former spouse beginning as of the first day of the month following the date on
which the former legislator attains the age of 62, even if the former legislator has not applied for
the receipt of retirement allowance as of that date. In all other respects, the optional retirement
allowance division is governed by section 518.58, subdivision 4.
    Subd. 2. Calculation of subsequent portion of the retirement allowance. Upon the
eventual application for a retirement allowance under this chapter by a former legislator who
elected or was affected by the election of a benefit under subdivision 1, the subsequent retirement
allowance must be adjusted to be the actuarial equivalent of the balance of the present value of the
retirement allowance of the former legislator upon the effective date of the application remaining
after a reduction equal to the present value of the partial benefit previously paid and subsequently
payable to the former spouse, as calculated by the actuary retained under section 356.214 or as
calculated under a procedure specified by the actuary. The retirement allowance present value
calculations must include the effect of section 356.30.
    Subd. 3. No optional annuity form. Section 3A.02, subdivision 5, does not apply to a partial
retirement allowance payable under subdivision 1.
History: 2007 c 134 art 11 s 3