1999 Minnesota Statutes

     356.30 Combined service annuity. 

    Subdivision 1.    Eligibility; computation of annuity.  
 (1) Notwithstanding any provisions to the contrary of the laws 
 governing the funds enumerated in subdivision 3, a person who 
 has met the qualifications of clause (2) may elect to receive a 
 retirement annuity from each fund in which the person has at 
 least six months allowable service, based on the allowable 
 service in each fund, subject to the provisions of clause (3).  

    (2) A person may receive upon retirement a retirement 
 annuity from each fund in which the person has at least six 
 months allowable service, and augmentation of a deferred annuity 
 calculated under the laws governing each public pension plan or 
 fund named in subdivision 3, from the date the person terminated 
 all public service if: 

    (a) the person has allowable service totaling an amount 
 that allows the person to receive an annuity in any two or more 
 of the enumerated funds; and 

    (b) the person has not begun to receive an annuity from any 
 enumerated fund or the person has made application for benefits 
 from all funds and the effective dates of the retirement annuity 
 with each fund under which the person chooses to receive an 
 annuity are within a one-year period.  

    (3) The retirement annuity from each fund must be based 
 upon the allowable service in each fund, except that:  

    (a) The laws governing annuities must be the law in effect 
 on the date of termination from the last period of public 
 service under a covered fund with which the person earned a 
 minimum of one-half year of allowable service credit during that 
 employment.  

    (b) The "average salary" on which the annuity from each 
 covered fund in which the employee has credit in a formula plan 
 shall be based on the employee's highest five successive years 
 of covered salary during the entire service in covered funds.  

    (c) The formula percentages to be used by each fund must be 
 those percentages prescribed by each fund's formula as continued 
 for the respective years of allowable service from one fund to 
 the next, recognizing all previous allowable service with the 
 other covered funds.  

    (d) Allowable service in all the funds must be combined in 
 determining eligibility for and the application of each fund's 
 provisions in respect to actuarial reduction in the annuity 
 amount for retirement prior to normal retirement.  

    (e) The annuity amount payable for any allowable service 
 under a nonformula plan of a covered fund must not be affected 
 but such service and covered salary must be used in the above 
 calculation.  

    (f) This section shall not apply to any person whose final 
 termination from the last public service under a covered fund is 
 prior to May 1, 1975.  

    (g) For the purpose of computing annuities under this 
 section the formula percentages used by any covered fund, except 
 the public employees police and fire fund and the state patrol 
 retirement fund, must not exceed the percent specified in 
 section 356.19, subdivision 4, per year of service for any year 
 of service or fraction thereof.  The formula percentage used by 
 the public employees police and fire fund and the state patrol 
 retirement fund must not exceed the percent specified in section 
 356.19, subdivision 6, per year of service for any year of 
 service or fraction thereof.  The formula percentage used by the 
 legislators retirement plan and the elective state officers 
 retirement must not exceed 2.5 percent, but this limit does not 
 apply to the adjustment provided under section 3A.02, 
 subdivision 1, paragraph (c), or 352C.031, paragraph (b). 

    (h) Any period of time for which a person has credit in 
 more than one of the covered funds must be used only once for 
 the purpose of determining total allowable service.  

    (i) If the period of duplicated service credit is more than 
 six months, or the person has credit for more than six months 
 with each of the funds, each fund shall apply its formula to a 
 prorated service credit for the period of duplicated service 
 based on a fraction of the salary on which deductions were paid 
 to that fund for the period divided by the total salary on which 
 deductions were paid to all funds for the period.  

    (j) If the period of duplicated service credit is less than 
 six months, or when added to other service credit with that fund 
 is less than six months, the service credit must be ignored and 
 a refund of contributions made to the person in accord with that 
 fund's refund provisions.  

    Subd. 2.    Repayment of refunds.  A person who has 
 service credit in one of the funds enumerated in subdivision 3 
 and who is employed or was formerly employed in a position 
 covered by one of these funds but also has received a refund 
 from any other of these funds, may repay the refund to the 
 respective fund under terms and conditions that are consistent 
 with the laws governing the other fund, except that the person 
 need not be a currently contributing member of the fund to which 
 the refund is repaid at the time the repayment is made.  Unless 
 otherwise provided by statute, the repayment of a refund under 
 this subdivision may only be made within six months following 
 termination of employment from a position covered by one of the 
 funds enumerated in subdivision 3 or before the date of 
 retirement from the fund to which the refund is repaid, 
 whichever is earlier. 

    Subd. 2a.    Purchases of prior service.  If a purchase 
 of prior service is made under the provisions of Laws 1988, 
 chapter 709, article 3, or any similar provision which allows a 
 purchase of service credit in any of the funds enumerated in 
 subdivision 3, the amount of required reserves calculated as 
 prescribed in Laws 1988, chapter 709, article 3, must be paid to 
 each fund based on the amount of benefit increase payable from 
 that fund as a result of the purchase of prior service. 

    Subd. 3.    Covered funds.  This section applies to the 
 following retirement funds: 

    (1) state employees retirement fund, established pursuant 
 to chapter 352; 

    (2) correctional employees retirement program, established 
 pursuant to chapter 352; 

    (3) unclassified employees retirement plan, established 
 pursuant to chapter 352D; 

    (4) state patrol retirement fund, established pursuant to 
 chapter 352B; 

    (5) legislators retirement plan, established pursuant to 
 chapter 3A; 

    (6) elective state officers' retirement plan, established 
 pursuant to chapter 352C; 

    (7) public employees retirement association, established 
 pursuant to chapter 353; 

    (8) public employees police and fire fund, established 
 pursuant to chapter 353; 

    (9) public employees local government correctional service 
 retirement plan, established pursuant to chapter 353E; 

    (10) teachers retirement association, established pursuant 
 to chapter 354; 

    (11) Minneapolis employees retirement fund, established 
 pursuant to chapter 422A; 

    (12) Minneapolis teachers retirement fund association, 
 established pursuant to chapter 354A; 

    (13) St. Paul teachers retirement fund association, 
 established pursuant to chapter 354A; 

    (14) Duluth teachers retirement fund association, 
 established pursuant to chapter 354A; and 

    (15) judges' retirement fund, established by sections 
 490.121 to 490.132. 

    HIST: 1975 c 232 s 1; 1981 c 37 s 2; 1981 c 298 s 11; 1983 c 
 286 s 14; 1986 c 444; 1987 c 372 art 1 s 20; art 9 s 35; 1989 c 
 319 art 2 s 23; art 5 s 4; art 13 s 92; 1991 c 340 s 31; 1992 c 
 432 art 2 s 45; 1994 c 528 art 2 s 14; 1995 c 141 art 3 s 20; 
 1995 c 262 art 1 s 13; art 3 s 6; 1997 c 233 art 1 s 61,62; 1999 
 c 222 art 2 s 17