2006 Minnesota Statutes

422A.15 SERVICE ALLOWANCE; CONTRIBUTING EMPLOYEES.
    Subdivision 1. Formula pension and annuity. Except as otherwise provided in subdivision
3, each contributing member who, at the time of retirement, fulfills the conditions necessary to
enable the member to retire is entitled to receive a "formula pension and annuity" equal to two
percent for each year of allowable service for the first ten years and thereafter 2.5 percent per
year of allowable service of the average salary, multiplied by the years of service credited by the
retirement fund. The formula pension and annuity must be computed on the single life plan but
subject to the option selections provided for in section 422A.17.
In order to be entitled to the formula pension and annuity herein provided for, the retiring
employee at the time of cessation of employment and of actual retirement must have attained the
age of 60 years or have been employed by the city not less than 30 years, or meet the qualifications
provided for in section 422A.16, and in addition thereto have contributed to the retirement fund
at the percentage rate prescribed by the retirement law applicable when the salary, wages or
compensation was paid on all salaries, wages, or compensation received from the city or from an
applicable employing unit. The years of service to be applied in the formula pension and annuity
must be found and determined by the retirement board, except that no credit may be allowed for
any year in which a back charge is owing at time of retirement and the earnings from any year in
which a back charge is owing may not be used in determining the average salary.
    Subd. 2. Withdrawal of voluntary contributions. Voluntary additions to the employee's
deposits made by the employee under section 422A.10 may be withdrawn by the retiring employee
or, with the approval of the retirement board, applied to the purchase of an additional annuity
computed and determined under a procedure specified by the actuary retained under section
356.214 utilizing the appropriate mortality table established by the board of trustees based on the
experience of the fund as recommended by the actuary retained under section 356.214 and using
the applicable postretirement interest rate assumption specified in section 356.215, subdivision 8.
    Subd. 3. Optional defined contribution annuity. In lieu of the formula pension and annuity,
a person who was a contributing member on April 28, 1973, who is eligible to retire and who
ceases to be employed and who qualifies for retirement shall have the option of electing to receive
a retirement allowance known as "the $2 bill and annuity."
If a member of the contributing class makes the election provided for in this section, the
member shall receive a minimum pension of $2 per month for each year of service. The pension
shall be the actuarial equivalent of the accumulated amounts of the annual installments as may
be fixed and designated by law throughout the period of service of the retiring employee, not to
exceed 25 years, accumulated to the date of retirement at six percent compound interest, and such
extra credit to be provided by the city as will produce the minimum pension of $2 per month for
each year of service. The pension shall be in addition to the annuity. The annuity shall be in the
actuarial equivalent of the net accumulated contributions to the credit of the retiring employee,
calculated at the date of retirement. For the purposes of this chapter, the "service allowance" for
members of the contributing class shall consist of an "annuity" and a "pension."
The pension provided for herein shall be the actuarial equivalent of the accumulated annual
installments of $2 per month for each year of service. The sum of $2 shall be computed as a single
life annuity and subject to the option selections provided for in section 422A.17. The pension and
annuity provided for in this subdivision shall be first paid from the contributing member's own
contributions and normal earned credits, plus interest, until those credits are exhausted.
The retirement allowance provided under this subdivision or any optional annuity form of
the retirement allowance shall be computed and determined under a procedure specified by the
actuary retained under section 356.214 utilizing the appropriate mortality table established by the
board of trustees based on the experience of the fund as recommended by the actuary retained
under section 356.214 and using the applicable postretirement interest rate assumption specified
in section 356.215, subdivision 8.
    Subd. 4. Service. Except as otherwise provided in this chapter, the service of each
contributing member shall be calculated from the date of original appointment. Said service
shall include periods of service at different times and service for one or more departments,
branches or independent boards of the city. In computing length of service of contributing
employees for the purpose of this chapter , periods of separations from the service shall not be
included, provided, that any contributing employee who heretofore or hereafter shall serve as a
duly elected member of the Minnesota state legislature and who at the time of entrance into the
service herein outlined was a contributing member of the retirement fund, shall receive credit
for the time spent in such service as though actually employed by such city. In order to receive
credit as herein outlined, such employee shall contribute to the retirement fund the amount that
would have been contributed by the employee if actually employed by the city. The amount of
salary, wages or compensation received by the employee immediately prior to entering the service
herein set forth, shall be the dollar amount used in determining the contributions to be made to the
retirement fund, and also the amount to be used in determining the arithmetical average annual
compensation otherwise provided for in this chapter .
    Subd. 5. Payment. All retirement allowances as herein provided shall be paid in monthly
installments and checks shall be issued and mailed to the last known address of each beneficiary
by the first business day of the month succeeding the month in which the allowance is authorized.
Where a beneficiary is under legal guardianship, monthly installments may be paid to the guardian.
History: 1973 c 133 s 15; 1973 c 770 s 4-6; 1974 c 73 s 3; 1980 c 607 art 16 s 17 subd
2; 1981 c 224 s 188; 1986 c 444; 1987 c 259 s 71,72; 2002 c 392 art 11 s 52; 1Sp2005 c 8
art 1 s 26; art 10 s 80; 2006 c 271 art 3 s 47