2007 Minnesota Statutes

353.29 RETIREMENT ANNUITY UPON TERMINATION OF MEMBERSHIP.
    Subdivision 1. Age and allowable service requirements. Upon termination of membership,
a person who has attained normal retirement age and who received credit for not less than three
years of allowable service is entitled upon application to a retirement annuity. The retirement
annuity is known as the "normal" retirement annuity.
    Subd. 2.[Repealed, 1Sp2005 c 8 art 1 s 32]
    Subd. 3. Retirement annuity formula. (a) This paragraph, in conjunction with section
353.30, subdivisions 1a, 1b, and 1c, applies to any member who first became a public employee
or a member of a pension fund listed in section 356.30, subdivision 3, before July 1, 1989, unless
paragraph (b), in conjunction with section 353.30, subdivision 5, produces a higher annuity
amount, in which case paragraph (b) will apply. The average salary as defined in section 353.01,
subdivision 17a , multiplied by the percent specified in section 356.315, subdivision 3, for each
year of allowable service for the first ten years and thereafter by the percent specified in section
356.315, subdivision 4, per year of allowable service and completed months less than a full year
for a basic member, and the percent specified in section 356.315, subdivision 1, for each year of
allowable service for the first ten years and thereafter by the percent specified in section 356.315,
subdivision 2 , per year of allowable service and completed months less than a full year for a
coordinated member shall determine the amount of the normal retirement annuity.
    (b) This paragraph applies to a member who has become at least 55 years old and first
became a public employee after June 30, 1989, and to any other member whose annuity amount,
when calculated under this paragraph and in conjunction with section 353.30, subdivision 5,
is higher than it is when calculated under paragraph (a), in conjunction with section 353.30,
subdivisions 1a, 1b, and 1c . The average salary, as defined in section 353.01, subdivision 17a,
multiplied by the percent specified in section 356.315, subdivision 4, for each year of allowable
service and completed months less than a full year for a basic member and the percent specified in
section 356.315, subdivision 2, per year of allowable service and completed months less than a
full year for a coordinated member, shall determine the amount of the normal retirement annuity.
    Subd. 4. Application for annuity. Application for a retirement annuity may be made by
a member or by a person authorized to act on behalf of the member. Every application for
retirement must be made in writing on a form prescribed by the executive director and must
be substantiated by written proof of the member's age and identity. The notarized signature of
a member's spouse on a retirement annuity application acknowledging the member's annuity
selection meets the notice requirement to the spouse under section 356.46, subdivision 3. An
application for a retirement annuity is not complete until all necessary supporting documents are
received by the executive director.
    Subd. 5.[Repealed, 1959 c 650 s 57]
    Subd. 6. Retirement before eligibility for Social Security benefits. A member or former
member who retires before becoming eligible for Social Security retirement benefits may elect to
receive an optional retirement annuity from the association that provides for different annuity
amounts over different periods of retirement. The election of this optional retirement annuity must
be exercised by making application to the board of trustees. The optional annuity must take
the form of an annuity payable for the period before the annuitant becomes eligible for Social
Security old age retirement benefits in a greater amount than the amount of the annuity calculated
under subdivisions 2 and 3 on the basis of the age of the annuitant at retirement. The optional
annuity must be the actuarial equivalent of the normal retirement annuity computed on the basis
of age at retirement. This greater amount must be paid until the annuitant reaches age 62, at which
time the payment from the association must be reduced. The board of trustees shall establish the
method of computing the optional retirement annuity under this subdivision. In establishing the
method of computing the optional retirement annuity, the board of trustees shall obtain the written
approval of the actuary retained under section 356.214. The recommendations must be a part of
the permanent records of the board of trustees.
    Subd. 7. Annuities; accrual. Except as to elected public officials, a retirement annuity
granted under this chapter begins with the first day of the first calendar month after the date of
termination of public service. The annuity must be paid in equal monthly installments and does
not accrue beyond the end of the month in which entitlement to the annuity has terminated. If the
annuitant dies prior to negotiating the check for the month in which death occurs, payment must
be made to the surviving spouse, or if none, to the designated beneficiary, or if none, to the estate.
An annuity granted to an elective public official accrues on the day following expiration
of public office or expiration of the right to hold that office. The annuity for the month during
which the expiration occurred is prorated accordingly. An annuity, once granted, must not be
increased, decreased, or revoked except under this chapter. An annuity payment may be made
retroactive for up to one year prior to that month in which a complete application is received by
the executive director under subdivision 4.
    Subd. 8. Annuities; payment. Payment of any annuity or benefit for a given month must be
mailed by the association to the annuitant, recipient of a disability benefit, or survivor, or must be
automatically deposited under section 356.401, subdivision 2, during the first week of that month.
The board may contract for professional services to identify deceased annuitants and benefit
recipients through a review of nationally maintained death records.
History: 1957 c 935 s 9; 1959 c 650 s 13-16; 1963 c 639 s 1; 1965 c 714 s 4; 1965 c 880 s 4;
Ex1967 c 53 s 4; 1971 c 106 s 19-21; 1973 c 753 s 39-42; 1974 c 229 s 14; 1975 c 102 s 6,11,12;
1976 c 329 s 21; 1977 c 429 s 25,26; 1978 c 471 s 2,3; 1979 c 216 s 8,9; 1981 c 180 s 8; 1981 c
224 s 83; 1983 c 73 s 4,5; 1986 c 444; 1987 c 259 s 28; 1987 c 284 art 5 s 8; 1987 c 372 art 9 s
10,11; 1988 c 709 art 5 s 16; 1989 c 319 art 3 s 10,11; art 13 s 31-33; 1990 c 570 art 12 s 20;
1991 c 341 s 16; 1992 c 432 art 2 s 9; 1993 c 307 art 4 s 18; 1997 c 233 art 1 s 40; 2002 c 392 art
11 s 52; 1Sp2005 c 8 art 1 s 11; 2006 c 271 art 3 s 20,47; 2007 c 134 art 2 s 24