2006 Minnesota Statutes

353.37 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    Subd. 1a.[Repealed, 1981 c 180 s 18]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. 1b. Retirement age. For purposes of this section, "retirement age" means retirement
age as defined in United States Code, title 42, section 416(l).
    Subd. 2.MS 1971 [Repealed, 1973 c 753 s 85]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    Subd. 3.MS 1971 [Repealed, 1973 c 753 s 85]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 of
a person who has not reached the retirement age by one-half of the amount in excess of the
applicable reemployment income maximum under subdivision 1.
There is no reduction upon reemployment, regardless of income, for a person who has reached the
retirement age.
    Subd. 3a. Disposition of suspension or reduction amount. The balance of the annual
retirement annuity after suspension or the amount of the retirement annuity reduction must be
handled or disposed of as provided in section 356.47.
    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.
History: 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; 2000 c 461 art 2 s 5; 2002 c 392 art 11 s 52; 2004 c 267 art 7 s 2,3