2004 Minnesota Statutes

     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