1999 Minnesota Statutes

     353.37 Public reemployment of annuitant. 

    Subdivision 1.    Salary maximums.  The annuity of a 
 person otherwise eligible for an annuity under this chapter must 
 be suspended under subdivision 2 or reduced under subdivision 3, 
 whichever results in the higher annual annuity amount, if the 
 person reenters public service as a nonelective employee of a 
 governmental subdivision in a position covered by this chapter 
 or returns to work as an employee of a labor organization that 
 represents public employees who are association members under 
 this chapter and salary for the reemployment service exceeds the 
 annual maximum earnings allowable for that age for the continued 
 receipt of full benefit amounts monthly under the federal Old 
 Age, Survivors and Disability Insurance Program as set by the 
 secretary of health and human services under United States Code, 
 title 42, section 403, in any calendar year.  If the person has 
 not yet reached the minimum age for the receipt of social 
 security benefits, the maximum salary for the person is equal to 
 the annual maximum earnings allowable for the minimum age for 
 the receipt of social security benefits.  

    Subd. 1a. Repealed, 1981 c 180 s 18 

    Subd. 2.  MS 1971 Repealed, 1973 c 753 s 85 

    Subd. 2.    Suspension of annuity.  The association 
 shall suspend the annuity on the first of the month after the 
 month in which the salary of the reemployed annuitant exceeds 
 the maximums set in subdivision 1, based only on those months in 
 which the annuitant is actually employed in nonelective public 
 service in a position covered under this chapter or employment 
 with a labor organization that represents public employees who 
 are association members under this chapter.  An annuitant who is 
 elected to public office after retirement may hold office and 
 receive an annuity otherwise payable from the association. 

    Subd. 3.  MS 1971 Repealed, 1973 c 753 s 85 

    Subd. 3.    Reduction of annuity.  The association shall 
 reduce the amount of the annuity as follows: 

    (a) for a person who has not reached normal retirement age, 
 one-half of the amount in excess of the applicable reemployment 
 income maximum under subdivision 1; 

    (b) for a person who has reached normal retirement age, but 
 has not reached age 70, one-third of the amount in excess of the 
 applicable reemployment income maximum under subdivision 1; 

    (c) for a person who has reached age 70, or for salary 
 earned through service in an elected office, there is no 
 reduction upon reemployment, regardless of income.  

    Subd. 4.    Resumption of annuity.  The association 
 shall resume paying a full annuity to the reemployed annuitant 
 at the start of each calendar year until the salary exceeds the 
 maximums under subdivision 1, or on the first of the month 
 following termination of employment which resulted in the 
 suspension of the annuity.  The executive director may adopt 
 policies regarding the suspension and reduction of annuities 
 under this section.  

    Subd. 5.    Effect on annuity.  Except as provided under 
 this section, public service performed by an annuitant 
 subsequent to retirement under this chapter does not increase or 
 decrease the amount of an annuity.  The annuitant shall not make 
 any further contributions to the association's defined benefit 
 plan by reason of this subsequent public service. 

    HIST: 1957 c 935 s 17; 1959 c 650 s 26,58; Ex1961 c 87 s 1; 
 1963 c 641 s 31; 1963 c 853 s 1,2; 1967 c 711 s 2; 1971 c 412 s 
 2; 1973 c 753 s 63; 1975 c 102 s 18; 1977 c 429 s 32; 1980 c 342 
 s 7; 1981 c 224 s 91; 1988 c 709 art 5 s 21; 1992 c 440 s 1; 
 1993 c 307 art 4 s 30; 1994 c 528 art 2 s 9-11