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2000 Minnesota Statutes

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490.121 Definitions.

Subdivision 1. Scope. For purposes of sections 490.121 to 490.132, terms defined in this section have the meanings given them unless the context clearly indicates otherwise.

Subd. 2. Court. "Court" means any court of this state established by the Minnesota Constitution and any municipal, county or probate court of record, and shall include the conciliation court of the city of Duluth.

Subd. 3. Judge. "Judge" means a judge or justice of any court.

Subd. 4. Allowable service. "Allowable service" means a whole year, or any fraction thereof, subject to the service credit limit in subdivision 22, served as a judge at any time, or served as a referee in probate for all referees in probate who were in office prior to January 1, 1974.

Subd. 5. Judges' retirement fund. "Judges' retirement fund", "retirement fund" or "fund" means that fund created by section 490.123.

Subd. 6. Annuity. "Annuity" means the payments made each year to an annuitant from the judges' retirement fund, pursuant to the provisions of sections 490.121 to 490.132.

Subd. 7. Annuitant. "Annuitant" means a judge, surviving spouse or dependent child entitled to an annuity under the provisions of sections 490.121 to 490.132.

Subd. 8. Normal retirement date. "Normal retirement date" means the last day of the month in which a judge attains the age of 65.

Subd. 9. Normal retirement annuity. Except as otherwise provided by sections 490.121 to 490.132, "normal retirement annuity" means an annuity to which a judge is entitled under section 490.124, subdivision 1, upon retirement on or after normal retirement date.

Subd. 10. Early retirement date. "Early retirement date" means the last day of any month after a judge attains the age of 62 until normal retirement date.

Subd. 11. 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 at any early retirement date.

Subd. 12. Mandatory retirement date. "Mandatory retirement date" means the last day of the month in which a judge has attained 70 years of age.

Subd. 13. Disability. "Disability" means permanent inability to perform the functions of judge by reason of physical or mental impairment resulting from sickness or injury.

Subd. 14. Disability retirement date. "Disability retirement date" means the last day of the first month after which the governor determines, upon 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 retirement for reason of disability.

Subd. 16. Surviving spouse. "Surviving spouse" means the surviving husband or wife of a deceased judge.

Subd. 17. Dependent child. "Dependent 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 is a full time student throughout the normal school year, unmarried and actually dependent for more than one-half of the child's support upon such judge for a period of at least 90 days prior to the judge's death. It also includes any natural child of the judge born after the judge's death.

Subd. 18. 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.

Subd. 19. Approved actuary. "Approved actuary" means any actuary who is either a fellow of the society of actuaries or who has at least 15 years of service to major public employee funds or any firm retaining such an actuary on its staff.

Subd. 20. 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 trustees based on the experience of the fund as recommended by the commission-retained actuary and using the applicable preretirement or postretirement interest rate assumption specified in section 356.215, subdivision 4d.

Subd. 21. Final average compensation. "Final average compensation" means the total amount of salary payable to a judge in the highest five years of the last ten years prior to the event of maturity of benefits, divided by five; provided, however, that if the number of years of service is less than ten, the highest five shall be counted, and if the number of years is less than five, the aggregate salary in such period shall be divided by the number of months in such period and multiplied by 12.

Subd. 22. Service credit limit. "Service credit limit" means the greater of: (1) 24 years of allowable service under chapter 490; or (2) for judges with allowable service rendered prior to July 1, 1980, the number of years of allowable service under chapter 490, which, when multiplied by the percentage listed in section 356.19, subdivision 7 or 8, whichever is applicable to each year of service, equals 76.8.

HIST: 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

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