2004 Minnesota Statutes

     43A.34 Retirement. 

    Subdivision 1.    Mandatory retirement age.  Employees 
 in the executive branch who are subject to the provisions of the 
 Minnesota State Retirement System or the Teachers Retirement 
 Association and who are serving as faculty members or 
 administrators under a contract of unlimited terms or similar 
 arrangement providing for unlimited tenure at an institution of 
 higher education, as defined by United States Code, title 20, 
 section 1141(a), as amended through December 31, 1986, must 
 retire from employment by the state upon reaching the age of 70, 
 except as provided in other law.  Other employees in the 
 executive branch who are subject to the provisions of the 
 Minnesota State Retirement System or the Teachers Retirement 
 Association, except as provided in subdivision 3 or 4, or as 
 provided in section 354.44, subdivision 1a, are not subject to a 
 mandatory retirement age provision. 

    Subd. 2. Repealed, 1987 c 186 s 16; 1987 c 284 art 2 s 9 

    Subd. 3.    Correctional personnel exempted.  Any 
 employee of the state of Minnesota in a covered classification 
 as defined in section 352.91, who is a member of the special 
 retirement program for correctional personnel established 
 pursuant to sections 352.90 to 352.95, may elect or be required 
 to retire from employment in the covered correctional position 
 upon reaching the age of 55 years.  

    A correctional employee occupying a position covered by 
 provisions of section 352.91, desiring employment beyond the 
 conditional mandatory retirement age shall, at least 30 days 
 prior to the date of reaching the conditional mandatory 
 retirement age of 55 years, and annually thereafter, request in 
 writing to the employee's appointing authority authorization to 
 continue in employment in the covered position.  Upon receiving 
 the request, the appointing authority shall have a medical 
 examination made of the employee.  If the results of the medical 
 examination establish the mental and physical ability of the 
 employee to continue the duties of employment, the employee 
 shall be continued in employment for the following year.  If the 
 determination of the appointing authority based upon the results 
 of the physical examination is adverse, the disposition of the 
 matter shall be decided by the commissioner of corrections or, 
 for employees of the Minnesota security hospital, the 
 commissioner of human services.  Based on the information 
 provided, the decision of the applicable commissioner shall be 
 made in writing and shall be final.  

    Subd. 4.    Officers exempted.  Notwithstanding any 
 provision to the contrary, (a) conservation officers and crime 
 bureau officers who were first employed on or after July 1, 
 1973, and who are members of the State Patrol retirement fund by 
 reason of their employment, and members of the Minnesota State 
 Patrol Division and Alcohol and Gambling Enforcement Division of 
 the Department of Public Safety who are members of the State 
 Patrol Retirement Association by reason of their employment, 
 shall not continue employment after attaining the age of 60 
 years, except for a fractional portion of one year that will 
 enable the employee to complete the employee's next full year of 
 allowable service as defined pursuant to section 352B.01, 
 subdivision 3; and (b) conservation officers and crime bureau 
 officers who were first employed and are members of the State 
 Patrol retirement fund by reason of their employment before July 
 1, 1973, shall not continue employment after attaining the age 
 of 70 years.  

    HIST: 1981 c 37 s 2; 1981 c 210 s 34; 1982 c 578 art 3 s 1; 
 1984 c 654 art 5 s 58; 1986 c 444; 1987 c 186 s 12,13; 1987 c 
 284 art 2 s 1,2; 1990 c 570 art 1 s 1; 1997 c 129 art 2 s 2