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490.12 Half pay.

Subdivision 1. Retirement under section 490.11. When a probate judge shall be retired under the provisions of section 490.11, the judge shall receive the compensation allotted to the office for the remainder of the judge's term. Thereafter, if then past 65 years of age, having served as such judge, or as such judge and as judge of a court of record, or as such judge and a referee in probate, for 24 years, or more, the judge shall receive one-half of the compensation allotted to the office at the time of such retirement for life, to be paid at the time and in the manner provided by law.

Subd. 2. Voluntary retirement. When a probate judge has attained the age of 70 years or more and has served as such judge, or as such judge and as judge of a court of record, or as such judge and as referee in probate, for 20 years or more, or when a probate judge has attained the age of 65 years or more and has served as such judge or as such judge and as judge of a court of record or as such judge and as referee in probate for 24 years or more, the judge may voluntarily retire from office, and after retiring shall receive one-half of the compensation allotted to the office at the time of such retirement for life, to be paid at the time and in the manner provided by law for the payment of salaries of probate judges.

Subd. 3. Service not continuous. In computing the period of service of any probate judge for retirement purposes the judge shall receive credit for all periods of time served in the armed forces of the United States during any period when the United States was at war and for any period served in the Minnesota national guard when the same had been mustered into federal service and was engaged in the Mexican border service between May 9, 1916, and March 24, 1917. Such period of service as a probate judge need not be continuous. The service of any judge in World War I and in the Mexican border service shall be deemed service hereunder, even though such service may have been prior to the commencement of any service as probate judge.

Subd. 4. Limitations. In no event shall the total retirement pension to a probate judge exceed the retirement pension provided by law for district judges of the county in which the probate judge held office.

Subd. 5. Membership in other retirement pension funds. The probate judges retirement pension as provided herein shall be reduced by the full amount of any retirement pension other than is herein provided received by a probate judge from the state, any political subdivision, or public employees retirement association, until the total reduction equals the amount of such other pension, if any, received prior to retirement as a probate judge plus the amount of the contribution, if any, made by the state or any political subdivision to fund any such other pension pursuant to section 353.27, subdivisions 3 and 3a, in connection with service as probate judge or in any other capacity. The amount of each reduction shall be remitted by the county to each such contributing employer in proportion to its total contribution pursuant to section 353.27, subdivisions 3 and 3a. In the event the probate judge withdraws from any retirement pension fund other than as herein provided prior to retirement as a probate judge, the amount contributed by the state or any political subdivision shall be computed and deducted from the probate judge's retirement over a five-year period commencing upon the date of such judge's retirement.

Subd. 6. Extension of term of judge near retirement. When the term of any judge of the probate court would expire three years or less from the time when the judge would become eligible to retire under the provisions of this section, upon written application by such judge to the governor stating an intention to retire upon eligibility, the governor shall forthwith make a written order accepting such retirement application, and extending the judge's term of office for three years or such proportion thereof as may be necessary for eligibility for such retirement.

Subd. 7. Repealed, 1979 c 296 s 7

Subd. 8. Repealed, 1979 c 296 s 7

Subd. 9. Retirement coverage for certain probate court judges. A probate judge who has served as a probate judge, or as a probate judge and a judge of a court of record or a referee in probate, and who is not elected, is not appointed or does not seek election as a county court judge, who serves in a county which has been combined with another county to form a county court district, and who has served for a period of at least ten years shall, upon retirement after attaining the age of 65 years, be entitled to receive a retirement allowance. The retirement allowance shall be equal to one-half of the compensation allotted to the office of the probate judge for the year 1970 if the retiring probate judge has credit for at least 24 years of service and that amount reduced by 1/24 of the amount for each year which the retiring probate judge has credit for less than 24 years of service if the retiring probate judge does not have credit for at least 24 years of service.

A probate judge who has attained the age of at least 65 years but less than 70 years at the expiration of the term of office of the judge, or who has attained the age of at least 70 years at or prior to the expiration of the term of office of the judge, and who has served for a period of at least ten years shall upon retirement be entitled to receive a retirement allowance. The retirement allowance shall be equal to one-half of the compensation allotted to the office of the probate judge for the year 1970 plus the salary increase granted pursuant to Extra Session Laws 1971, chapter 32, section 26, if the retiring probate judge has attained the age of at least 65 years but less than 70 years and has credit for at least 24 years of service or if the retiring probate judge has attained the age of at least 70 years and has credit for at least 20 years of service, and that amount reduced by 1/24 of the amount for each year of service less than 24 years of service if the retiring probate judge has attained the age of at least 65 years but less than 70 years and does not have credit for at least 24 years of service or by 1/20 of the amount for each year of service less than 20 years of service if the retiring probate judge has attained the age of at least 70 years and does not have credit for at least 20 years of service.

The retirement allowance shall be payable for the life of the retired probate judge.

A probate judge to whom this subdivision is applicable may continue survivor benefit coverage for the spouse of the probate judge pursuant to section 490.1091 by making the survivor benefit contribution pursuant to section 490.109, based on the salary allotted to the office of the probate judge for the year 1970. The provisions of this section and section 490.11 shall apply to judges of county court and to probate judges who have become judicial officers and who have met the minimum eligibility requirements for coverage specified in those sections.

Any judge whose office is terminated pursuant to section 487.01, subdivision 7, shall be eligible for a retirement allowance pursuant to the provisions of this section.

HIST: (211-9) 1931 c 253 s 2; 1947 c 183 s 1; 1947 c 472 s 1; 1949 c 473 s 1; 1953 c 126 s 1,2; 1955 c 556 s 1; 1955 c 794 s 1,2; Ex1961 c 25 s 1; 1967 c 115 s 1; 1967 c 841 s 1; Ex1967 c 38 s 1-3; 1974 c 445 s 20; 1976 c 239 s 121; 1981 c 224 s 222; 1986 c 444

Official Publication of the State of Minnesota
Revisor of Statutes