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352.88 PROBATION OFFICERS AND PUBLIC SAFETY TELECOMMUNICATORS.

Subdivision 1.Policy.

It is the policy of the legislature that special consideration should be given to the pension benefits for employees of the state and governmental subdivisions who devote their time and skills to assisting the community and the courts as probation officers or serving the public and public safety partners as telecommunicators. Since this work can be hazardous or high stress, special provisions are made by this section for earlier full retirement than is provided to members of the general state employees retirement plan under section 352.01, subdivision 25. The additional cost of this benefit is split between the employees and employers.

Subd. 2.Definitions.

(a) For purposes of this section and section 352.881, each of the following terms has the meaning given unless the language or context clearly indicates that a different meaning is intended. The definitions in section 352.01 apply to terms used in this section and section 352.881 unless the term is defined in this section.

(b) "Committee" means the probation and telecommunicator subplan membership committee established pursuant to section 352.881.

(c) "Employee organization" has the meaning given in section 179A.03, subdivision 6.

(d) "General plan" means the general state employees retirement plan of the Minnesota State Retirement System.

(e) "Member" means an individual to whom this section applies under subdivision 3.

(f) "Normal retirement age" means age 60.

(g) "Offset amount" means an amount available to offset the cost to purchase credit for past service upon the election by a member under subdivision 6, if state funding becomes available.

(h) "Past service" means allowable service credited to a member before January 1, 2027, and covered by the general plan that would have been service covered by this section had this section been in effect before January 1, 2027.

(i) "Probation officer" means a state employee, as defined in section 352.01, employed by the Department of Corrections:

(1) as:

(i) a corrections agent;

(ii) a corrections agent career;

(iii) a corrections agent senior;

(iv) a corrections field service district supervisor;

(v) a corrections community services regional director;

(vi) a corrections field services director;

(vii) a corrections field services program director; or

(2) whom the commissioner of corrections or the commissioner's delegate certifies, in the manner prescribed by the executive director, as having substantial responsibility for:

(i) providing community supervision services or overseeing the delivery of probation services; or

(ii) supervising employees eligible under item (i).

(j) "Public safety telecommunicator" means a state employee, as defined in section 352.01, employed by the Department of Public Safety or Metropolitan Council:

(1) as:

(i) a radio communications operator;

(ii) a radio communications supervisor;

(iii) a public safety answering point (PSAP) manager, as defined in Minnesota Rules, part 7580.0100, subpart 12;

(iv) a supervisor, transit control center; or

(2) whom the commissioner of public safety, the commissioner's delegate, the Metro Transit general manager, or the general manager's delegate, as applicable, certifies, in the manner prescribed by the executive director, as having substantial responsibility for:

(i) receiving, processing, transmitting, or dispatching emergency and nonemergency calls for law enforcement, fire, emergency medical, or other public safety services; or

(ii) supervising employees eligible under item (i).

(k) "Vesting" or "vested" means obtaining or having obtained a nonforfeitable entitlement to an annuity or benefit under this section by having earned credit for not less than three years of allowable service covered by this section or the general plan.

Subd. 3.Eligibility.

This section applies to probation officers and public safety telecommunicators, unless the probation officer or public safety telecommunicator is age 60 or older with at least three years of allowable service in the general plan on January 1, 2027.

Subd. 4.Retirement annuity.

(a) After separation from state service, a member who has attained at least normal retirement age and is vested is entitled, upon application, to a normal retirement annuity. The normal retirement annuity is equal to the member's average salary multiplied by 1.9 percent for each year of allowable service.

(b) After separation from state service, a member who has reached the age of 55 and is vested is entitled, upon application, to an early retirement annuity that is actuarially equivalent to the normal retirement annuity.

(c) Allowable service credited to a member under this section is credited in lieu of service credited to the general plan.

Subd. 5.Additional contributions.

(a) A member must make an additional employee contribution of 2.71 percent of salary.

(b) The employer of a member must make an additional employer contribution of two percent of salary.

(c) Contributions under paragraphs (a) and (b) are in addition to the contributions required by section 352.04, subdivisions 2 and 3.

(d) Contributions under paragraphs (a) and (b) must be made in the manner provided in section 352.04, subdivisions 4 to 6.

Subd. 6.Purchase of credit for past service.

(a) A member is entitled to elect a onetime purchase of credit for periods of past service to be added to the member's allowable service covered by this section and used in calculating the member's retirement annuity. The member must repay any refunds of employee contributions previously received from the general plan before purchasing past service credit under this section.

(b) A member may request an estimate of the cost of a service credit purchase under this paragraph.

(1) A member may file a request with the executive director for an estimate of the purchase price for up to three different periods of past service by filing an application on a form approved by the executive director.

(2) The member must file the request for an estimate before filing an election to purchase past service under paragraph (c).

(3) The member must submit with the estimate request payment of the administrative fee in the amount of $250 to cover the cost of preparing the estimates. If the member proceeds with the purchase, the executive director must credit the administrative fee toward the purchase price.

(4) The executive director must estimate the purchase price using the assumptions and applying any offset amount as directed under subdivision 7 for the periods of past service requested by the member and provide the estimates to the member.

(c) To purchase credit for past service, a member must file an application with the executive director on a form approved by the executive director before the annuity starting date of the member's retirement annuity or benefit. The application must:

(1) include documentation of the member's eligibility to make the purchase, signed written permission to allow the executive director to request and receive verification of applicable facts and eligibility requirements from the member's employer, and any other relevant information that the executive director may require;

(2) state the amount of credit for past service the member plans to purchase and be accompanied by a certification from one or more employers that the past service fulfills the requirements under subdivision 2, paragraph (h); and

(3) if the member did not previously pay the administrative fee under paragraph (b), include payment of the administrative fee of $250 to cover the cost of calculating the purchase price. If the member proceeds with the purchase, the executive director must credit the administrative fee toward the purchase price.

(d) The executive director must apply the assumptions and any offset amount under subdivision 7 to calculate the purchase price and notify the member. If the member elects to make the purchase of credit for past service, the member must arrange for the transfer of pretax money from another retirement plan. Payment must be made in one lump sum prior to the annuity starting date of the member's retirement annuity or benefit.

(e) Upon receipt of payment, the executive director must grant the member service credit for the period of past service for which credit was purchased.

Subd. 7.Determination of past service purchase price.

(a) The executive director must calculate the purchase price for the period of past service elected by the member. The purchase price is an amount equal to the actuarial present value, on the date of payment, of the amount of the additional retirement annuity obtained by the additional service credit being purchased minus any offset amount.

(b) The executive director must calculate the purchase price by:

(1) using the investment return assumption specified in section 356.215, subdivision 8, and the mortality table in effect for the general plan;

(2) assuming continuous future service in the plan until the plan's minimum requirements for normal retirement or retirement with an annuity unreduced for retirement at an early age are met with the additional service credit purchased;

(3) assuming a full-time equivalent salary or actual salary, whichever is greater, and a future salary history that includes annual salary increases at the applicable salary increase rate for the plan; and

(4) reducing the amount determined under clauses (1) to (3) by any offset amount.

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Revisor of Statutes