Bill Text: MN SF765 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Minnesota state colleges and universities (MnSCU) faculty annuitant retire-to-work increase
Sponsorship: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2013-02-25 - Referred to State and Local Government [SF765 Detail]
Download: Minnesota-2013-SF765-Introduced.html
1.2relating to retirement; Minnesota State Colleges and University System faculty
1.3members; increasing the maximum for the annuitant retire-to-work provision;
1.4amending Minnesota Statutes 2012, sections 352.1155, subdivisions 1, 4;
1.5354.445; 354A.31, subdivision 3a.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 352.1155, subdivision 1, is amended to read:
1.8 Subdivision 1. Eligibility. Except as indicated in subdivision 4, the annuity
1.9reduction provisions of section352.115, subdivision 10 , do not apply to a person who:
1.10(1) retires from the Minnesota State Colleges and Universities system with at least
1.11ten years of combined service credit in a system under the jurisdiction of the Board of
1.12Trustees of the Minnesota State Colleges and Universities;
1.13(2) was employed on a full-time basis immediately preceding retirement as a faculty
1.14member or as an unclassified administrator in that system;
1.15(3) begins drawing an annuity from the general state employees retirement plan of
1.16the Minnesota State Retirement System; and
1.17(4) returns to work on not less than a one-third time basis and not more than a
1.18two-thirds time basis in the system from which the person retired under an agreement in
1.19which the person may notearn a salary of more than $46,000 be employed for more
1.20than two-thirds of a full-time basis in a calendar yearfrom through employment after
1.21retirement in the system from which the person retired.
1.22 Sec. 2. Minnesota Statutes 2012, section 352.1155, subdivision 4, is amended to read:
1.23 Subd. 4. Exemption limit. For a person eligible under this section whoearns more
1.24than $46,000 is employed in excess of two-thirds of a full-time basis in a calendar year from
2.1 through reemployment in the Minnesota State Colleges and Universities system following
2.2retirement, the annuity reduction provisions of section352.115, subdivision 10 , apply only
2.3to incomeover $46,000 for employment in excess of two-thirds of a full-time basis.
2.4 Sec. 3. Minnesota Statutes 2012, section 354.445, is amended to read:
2.5354.445 NO ANNUITY REDUCTION.
2.6(a) The annuity reduction provisions of section354.44, subdivision 5 , do not apply
2.7to a person who:
2.8(1) retires from the Minnesota State Colleges and Universities system with at least
2.9ten years of combined service credit in a system under the jurisdiction of the Board of
2.10Trustees of the Minnesota State Colleges and Universities;
2.11(2) was employed on a full-time basis immediately preceding retirement as a faculty
2.12member or as an unclassified administrator in that system;
2.13(3) begins drawing an annuity from the teachers retirement association; and
2.14(4) returns to work on not less than a one-third time basis and not more than a
2.15two-thirds time basis in the system from which the person retired under an agreement in
2.16which the person may notearn a salary of more than $46,000 be employed for more
2.17than two-thirds of a full-time basis in a calendar yearfrom through employment after
2.18retirement in the system from which the person retired.
2.19(b) Initial participation, the amount of time worked, and the duration of participation
2.20under this section must be mutually agreed upon by the president of the institution where
2.21the person returns to work and the employee. The president may require up to one-year
2.22notice of intent to participate in the program as a condition of participation under this
2.23section. The president shall determine the time of year the employee shall work. The
2.24employer or the president may not require a person to waive any rights under a collective
2.25bargaining agreement as a condition of participation under this section.
2.26(c) Notwithstanding any law to the contrary, a person eligible under paragraphs (a)
2.27and (b) may not, based on employment to which the waiver in this section applies, earn
2.28further service credit in a Minnesota public defined benefit plan and is not eligible to
2.29participate in a Minnesota public defined contribution plan, other than a volunteer fire plan
2.30governed by chapter 424A. No employer or employee contribution to any of these plans
2.31may be made on behalf of such a person.
2.32(d) For a person eligible under paragraphs (a) and (b) whoearns more than $46,000
2.33 is employed in excess of two-thirds of a full-time basis in a calendar yearfrom through
2.34 employment after retirement due to employment by the Minnesota state colleges and
3.1universities system, the annuity reduction provisions of section354.44, subdivision 5 , apply
3.2only to incomeover $46,000 for employment in excess of two-thirds of a full-time basis.
3.3(e) A person who returns to work under this section is a member of the appropriate
3.4bargaining unit and is covered by the appropriate collective bargaining contract. Except
3.5as provided in this section, the person's coverage is subject to any part of the contract
3.6limiting rights of part-time employees.
3.7 Sec. 4. Minnesota Statutes 2012, section 354A.31, subdivision 3a, is amended to read:
3.8 Subd. 3a. No annuity reduction. (a) The annuity reduction provisions of
3.9subdivision 3 do not apply to a person who:
3.10(1) retires from the technical college system with at least ten years of service credit
3.11in the system from which the person retires;
3.12(2) was employed on a full-time basis immediately preceding retirement as a
3.13technical college faculty member;
3.14(3) begins drawing an annuity from a first class city teachers retirement association;
3.15and
3.16(4) returns to work on not less than a one-third time basis and not more than a
3.17two-thirds time basis in the technical college system under an agreement in which the
3.18person may notearn a salary of more than $46,000 be employed for more than two-thirds
3.19of a full-time basis in a calendar yearfrom through the technical college system.
3.20(b) Initial participation, the amount of time worked, and the duration of participation
3.21under this section must be mutually agreed upon by the employer and the employee. The
3.22employer may require up to a one-year notice of intent to participate in the program as a
3.23condition of participation under this section. The employer shall determine the time
3.24of year the employee shall work.
3.25(c) Notwithstanding any law to the contrary, a person eligible under paragraphs
3.26(a) and (b) may not earn further service credit in a first class city teachers retirement
3.27association and is not eligible to participate in the individual retirement account plan or
3.28the supplemental retirement plan established in chapter 354B as a result of service under
3.29this section. No employer or employee contribution to any of these plans may be made on
3.30behalf of such a person.
3.31 Sec. 5. EFFECTIVE DATE.
3.32Sections 1 to 4 are effective July 1, 2013.
1.3members; increasing the maximum for the annuitant retire-to-work provision;
1.4amending Minnesota Statutes 2012, sections 352.1155, subdivisions 1, 4;
1.5354.445; 354A.31, subdivision 3a.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 352.1155, subdivision 1, is amended to read:
1.8 Subdivision 1. Eligibility. Except as indicated in subdivision 4, the annuity
1.9reduction provisions of section
1.10(1) retires from the Minnesota State Colleges and Universities system with at least
1.11ten years of combined service credit in a system under the jurisdiction of the Board of
1.12Trustees of the Minnesota State Colleges and Universities;
1.13(2) was employed on a full-time basis immediately preceding retirement as a faculty
1.14member or as an unclassified administrator in that system;
1.15(3) begins drawing an annuity from the general state employees retirement plan of
1.16the Minnesota State Retirement System; and
1.17(4) returns to work on not less than a one-third time basis and not more than a
1.18two-thirds time basis in the system from which the person retired under an agreement in
1.19which the person may not
1.20than two-thirds of a full-time basis in a calendar year
1.21retirement in the system from which the person retired.
1.22 Sec. 2. Minnesota Statutes 2012, section 352.1155, subdivision 4, is amended to read:
1.23 Subd. 4. Exemption limit. For a person eligible under this section who
1.24
2.1 through reemployment in the Minnesota State Colleges and Universities system following
2.2retirement, the annuity reduction provisions of section
2.3to income
2.4 Sec. 3. Minnesota Statutes 2012, section 354.445, is amended to read:
2.5354.445 NO ANNUITY REDUCTION.
2.6(a) The annuity reduction provisions of section
2.7to a person who:
2.8(1) retires from the Minnesota State Colleges and Universities system with at least
2.9ten years of combined service credit in a system under the jurisdiction of the Board of
2.10Trustees of the Minnesota State Colleges and Universities;
2.11(2) was employed on a full-time basis immediately preceding retirement as a faculty
2.12member or as an unclassified administrator in that system;
2.13(3) begins drawing an annuity from the teachers retirement association; and
2.14(4) returns to work on not less than a one-third time basis and not more than a
2.15two-thirds time basis in the system from which the person retired under an agreement in
2.16which the person may not
2.17than two-thirds of a full-time basis in a calendar year
2.18retirement in the system from which the person retired.
2.19(b) Initial participation, the amount of time worked, and the duration of participation
2.20under this section must be mutually agreed upon by the president of the institution where
2.21the person returns to work and the employee. The president may require up to one-year
2.22notice of intent to participate in the program as a condition of participation under this
2.23section. The president shall determine the time of year the employee shall work. The
2.24employer or the president may not require a person to waive any rights under a collective
2.25bargaining agreement as a condition of participation under this section.
2.26(c) Notwithstanding any law to the contrary, a person eligible under paragraphs (a)
2.27and (b) may not, based on employment to which the waiver in this section applies, earn
2.28further service credit in a Minnesota public defined benefit plan and is not eligible to
2.29participate in a Minnesota public defined contribution plan, other than a volunteer fire plan
2.30governed by chapter 424A. No employer or employee contribution to any of these plans
2.31may be made on behalf of such a person.
2.32(d) For a person eligible under paragraphs (a) and (b) who
2.33 is employed in excess of two-thirds of a full-time basis in a calendar year
2.34 employment after retirement due to employment by the Minnesota state colleges and
3.1universities system, the annuity reduction provisions of section
3.2only to income
3.3(e) A person who returns to work under this section is a member of the appropriate
3.4bargaining unit and is covered by the appropriate collective bargaining contract. Except
3.5as provided in this section, the person's coverage is subject to any part of the contract
3.6limiting rights of part-time employees.
3.7 Sec. 4. Minnesota Statutes 2012, section 354A.31, subdivision 3a, is amended to read:
3.8 Subd. 3a. No annuity reduction. (a) The annuity reduction provisions of
3.9subdivision 3 do not apply to a person who:
3.10(1) retires from the technical college system with at least ten years of service credit
3.11in the system from which the person retires;
3.12(2) was employed on a full-time basis immediately preceding retirement as a
3.13technical college faculty member;
3.14(3) begins drawing an annuity from a first class city teachers retirement association;
3.15and
3.16(4) returns to work on not less than a one-third time basis and not more than a
3.17two-thirds time basis in the technical college system under an agreement in which the
3.18person may not
3.19of a full-time basis in a calendar year
3.20(b) Initial participation, the amount of time worked, and the duration of participation
3.21under this section must be mutually agreed upon by the employer and the employee. The
3.22employer may require up to a one-year notice of intent to participate in the program as a
3.23condition of participation under this section. The employer shall determine the time
3.24of year the employee shall work.
3.25(c) Notwithstanding any law to the contrary, a person eligible under paragraphs
3.26(a) and (b) may not earn further service credit in a first class city teachers retirement
3.27association and is not eligible to participate in the individual retirement account plan or
3.28the supplemental retirement plan established in chapter 354B as a result of service under
3.29this section. No employer or employee contribution to any of these plans may be made on
3.30behalf of such a person.
3.31 Sec. 5. EFFECTIVE DATE.
3.32Sections 1 to 4 are effective July 1, 2013.
