reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 353E — Local Government Correctional Service Retirement › Section 353E.01 — Local Government Correctional Service Retirement Plan.

353E.01 LOCAL GOVERNMENT CORRECTIONAL SERVICE RETIREMENT PLAN.
Subdivision 1.
Plan administration; fund.
(a) The public employees local government correctional service retirement plan is established as a separate plan to be administered by the board of trustees and the executive director of the Public Employees Retirement Association.
(b) The board of trustees and the executive director shall undertake their activities in a manner consistent with chapter 356A.
(c) The association shall maintain a special fund to be known as the public employees local government correctional service retirement fund.
Subd. 2.
Revenue sources.
Member contributions under section 353E.03, subdivision 1, and employer contributions under section 353E.03, subdivision 2, and other amounts authorized by law, including any investment return on invested fund assets, must be deposited in the fund.
Subd. 3.
Investment.
Assets of the public employees local government correctional service retirement fund must be deposited in the Minnesota combined investment fund as provided in section 11A.14, if applicable, or otherwise invested under section 11A.23.
Subd. 4.
Collection of contributions.
The collection of member and employer contributions is governed by section 353.27, subdivisions 4, 7, 7b, 10, 11, and 12.
Subd. 5.
Fund disbursement restricted.
(a) The public employees local government correctional service retirement fund may be disbursed only for the purposes provided for in this chapter.
(b) The proportional share of the necessary and reasonable administrative expenses of the association and any benefits provided in this chapter must be paid from the fund. Retirement annuities, disability benefits, survivorship benefits, and any refunds of accumulated deductions may be paid only from the correctional service retirement fund after those needs have been certified by the executive director.
(c) The amounts necessary to make the payments from the fund are annually appropriated from those funds for those purposes.
History:
1999 c 222 art 2 s 7; 2009 c 169 art 1 s 55,56; 2023 c 47 art 2 s 13
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 353E — Local Government Correctional Service Retirement › Section 353E.02 — Correctional Service Retirement Plan Membership.

353E.02 CORRECTIONAL SERVICE RETIREMENT PLAN MEMBERSHIP.
Subdivision 1.
Retirement coverage.
The members of the local government correctional service retirement plan established by this chapter are:
(1) local government correctional service employees as defined in subdivision 2; and
(2) medical center protection officers as defined in subdivision 2a.
Subd. 2.
Local government correctional service employee.
(a) A local government correctional service employee, for purposes of subdivision 1, is a person whom the employer certifies:
(1) is employed in a county correctional institution as a correctional guard or officer, a joint jailer/dispatcher, or as a supervisor of correctional guards or officers or of joint jailers/dispatchers;
(2) is directly responsible for the direct security, custody, and control of the county correctional institution and its inmates;
(3) is expected to respond to incidents within the county correctional institution as part of the person's regular employment duties and is trained to do so; and
(4) is a "public employee" as defined in section 353.01, but is not a member of the public employees police and fire plan.
(b) The certification required under paragraph (a) must be made in writing on a form prescribed by the executive director of the Public Employees Retirement Association.
(c) A person who was a member of the local government correctional service retirement plan on May 15, 2000, remains a member of the plan after May 16, 2000, for the duration of the person's employment in that county correctional institution position, even if the person's subsequent service in this position does not meet the requirements set forth in paragraph (a).
Subd. 2a.
Medical center protection officer.
(a) A medical center protection officer, for purposes of subdivision 1, is a person whom the employer certifies:
(1) is employed by Hennepin Healthcare System, Inc. as a protection officer;
(2) is directly responsible for the direct security of the medical center;
(3) is expected to respond to any incidents within the medical center as part of the person's regular employment duties and is trained to do so; and
(4) is a "public employee" as defined in section 353.01, but is not a member of the public employees police and fire plan.
(b) The certification required under paragraph (a) must be made in writing on a form prescribed by the executive director of the Public Employees Retirement Association.
Subd. 3.
County correctional institution.
A county correctional institution is:
(1) a jail administered by a county;
(2) a correctional facility administered by a county;
(3) a regional correctional facility administered by or on behalf of multiple counties; or
(4) a juvenile correctional facility administered by a county or on behalf of multiple counties.
History:
1999 c 222 art 2 s 8; 2000 c 461 art 10 s 1; 2002 c 392 art 4 s 1,2; 2005 c 125 art 1, s 29; art 3 s 5,7; 1Sp2005 c 7 s 34; 2006 c 271 art 3 s 36; 2021 c 22 art 10 s 1
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 353E — Local Government Correctional Service Retirement › Section 353E.03 — Correctional Service Plan Contributions.

353E.03 CORRECTIONAL SERVICE PLAN CONTRIBUTIONS.
Subdivision 1.
Member contributions.
A member of the local government correctional service retirement plan shall make an employee contribution in an amount equal to 5.83 percent of salary.
Subd. 2.
Employer contributions.
The employer shall contribute for a member of the local government correctional service retirement plan an amount equal to 8.75 percent of salary.
History:
1999 c 222 art 2 s 9; 2000 c 461 art 10 s 2; 1Sp2001 c 10 art 3 s 28; 2002 c 392 art 4 s 3-6
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 353E — Local Government Correctional Service Retirement › Section 353E.04 — Correctional Service Plan Retirement Annuity.

353E.04 CORRECTIONAL SERVICE PLAN RETIREMENT ANNUITY.
Subdivision 1.
Eligibility requirements.
After termination of public employment, a member who has attained the age of at least 55 years and who is vested under section 353.01, subdivision 47, in the local government correctional service plan is entitled, upon application, to a normal retirement annuity. Instead of a normal retirement annuity, a retiring employee may elect to receive the optional annuity provided in section 353.30, subdivision 3.
Subd. 2.
Average salary base.
In calculating the annuity under subdivision 3, "average salary" means an amount equivalent to the average of the highest salary earned as a member upon which employee contributions were paid for any five successive years of allowable service. Average salary must be based on all allowable service if this service is less than five years.
Subd. 3.
Annuity amount.
(a) The average salary as defined in subdivision 2, multiplied by 1.9 percent for each year of allowable service, determines the amount of the normal retirement annuity.
(b) If a person has earned allowable service in the general employees retirement plan of the Public Employees Retirement Association or the public employees police and fire retirement plan before participation under this chapter, the retirement annuity representing such service must be computed in accordance with the formula specified in sections 353.29 and 353.30 or 353.651, whichever applies.
Subd. 4.
Early retirement.
A member who has attained the age of at least 50 years and who is vested under section 353.01, subdivision 47, in the local government correctional service plan is entitled, upon application, to a reduced retirement annuity equal to the annuity calculated under subdivision 3, reduced so that the reduced annuity is the actuarial equivalent of the annuity that would be payable if the employee deferred receipt of the annuity from the day the annuity begins to accrue until age 55.
Subd. 5.
Accrual and duration.
The retirement annuity under this section begins to accrue as provided in section 353.29, subdivision 7. The retirement annuity is payable for the life of the recipient, or in accordance with the terms of any optional annuity form selected by the retiring member.
Subd. 6.
Multiple service limitation.
A former employee who has both public employees retirement plan and public employees local government correctional retirement plan credited service must, if qualified, receive a retirement annuity from each retirement plan that takes into account both periods of service and both covered salary amounts, but no period of service may be used more than once in calculating the annuity.
Subd. 7.
Postretirement adjustment eligibility.
An annuity under this section is eligible for postretirement adjustments under section 356.415.
History:
1999 c 222 art 2 s 10; 2002 c 392 art 11 s 52; 2009 c 169 art 1 s 57; 2010 c 359 art 1 s 43,44; 2013 c 111 art 4 s 12; 2023 c 47 art 2 s 13
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 353E — Local Government Correctional Service Retirement › Section 353E.05 — Augmentation In Certain Cases.

353E.05 AUGMENTATION IN CERTAIN CASES.
Unless prior service has been transferred or unless a combined service annuity under section 356.30 has been elected, an employee who becomes a member after being a member of the Public Employees Retirement Association or the public employees police and fire fund is covered under section 353.34, subdivision 3, with respect to that prior service. An employee who becomes a member of the Public Employees Retirement Association or the public employees police and fire plan after being a member is also covered under section 353.34, subdivision 3, with respect to that prior service, unless calculated under section 356.30.
History:
1999 c 222 art 2 s 11; 1Sp2019 c 8 art 8 s 9; 2023 c 47 art 2 s 13
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 353E — Local Government Correctional Service Retirement › Section 353E.08 — Scope And Application.

353E.08 SCOPE AND APPLICATION.
The general provisions of chapter 353 apply to the local government correctional service retirement plan except where otherwise specifically provided in sections 353E.01 to 353E.07.
History:
1999 c 222 art 2 s 14
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 353F — Privatized Public Hospital, Pera Pension Benefits › Section 353F.01 — Purpose And Intent.

353F.01 PURPOSE AND INTENT.
The purpose of this chapter is to ensure, to the extent possible, that persons employed at public medical facilities who are privatized and consequently are excluded from retirement coverage by the Public Employees Retirement Association will be entitled to receive future retirement benefits under the general employees retirement plan of the Public Employees Retirement Association commensurate with the prior contributions made by them or made on their behalf upon the privatization of the medical facility.
History:
1999 c 222 art 1 s 1; 2015 c 68 art 12 s 27
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 353F — Privatized Public Hospital, Pera Pension Benefits › Section 353F.03 — Vesting Rule For Certain Employees.

353F.03 VESTING RULE FOR CERTAIN EMPLOYEES.
Notwithstanding any provision of chapter 353 to the contrary, a privatized former public employee is eligible to receive a retirement annuity under section 353.29 of the edition of Minnesota Statutes published in the year before the year in which the privatization occurred, without regard to the requirement specified in section 353.01, subdivision 47.
History:
1999 c 222 art 1 s 3; 2010 c 359 art 1 s 47; 2013 c 111 art 3 s 19
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 353F — Privatized Public Hospital, Pera Pension Benefits › Section 353F.05 — Authorization For Additional Allowable Service For Early Retirement Purposes.

353F.05 AUTHORIZATION FOR ADDITIONAL ALLOWABLE SERVICE FOR EARLY RETIREMENT PURPOSES.
(a) For the purpose of determining eligibility for early retirement benefits provided under section 353.30, subdivision 1a, of the edition of Minnesota Statutes published in the year before the year in which the privatization occurred, and notwithstanding any provision of chapter 353, to the contrary, the years of allowable service for a privatized former public employee who transfers employment on the effective date of privatization and does not apply for a refund of contributions under section 353.34, subdivision 1, of the edition of Minnesota Statutes published in the year before the year in which the privatization occurred, or any similar provision, includes service with the privatized former public employer following the effective date. The privatized former public employer shall provide any reports that the executive director of the Public Employees Retirement Association may reasonably request to permit calculation of benefits.
(b) To be eligible for early retirement benefits under this section, the individual must separate from service with the privatized former public employer. The privatized former public employee, or an individual authorized to act on behalf of that employee, may apply for an annuity following application procedures under section 353.29, subdivision 4.
History:
1999 c 222 art 1 s 5; 2013 c 111 art 3 s 21; 2018 c 211 art 10 s 17
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 353F — Privatized Public Hospital, Pera Pension Benefits › Section 353F.051 — Continuation Of Disability Coverage.

353F.051 CONTINUATION OF DISABILITY COVERAGE.
Subdivision 1.
Eligibility.
A privatized former public employee who is totally and permanently disabled under section 353.01, subdivision 19, and who had a medically documented preexisting condition of the disability before the termination of coverage, may apply for a disability benefit.
Subd. 2.
Calculation of benefits.
A person qualifying under subdivision 1 is entitled to receive a disability benefit calculated under section 353.33, subdivision 3. The disability benefit must be augmented under section 353.71, subdivision 2, from the date of termination to the date the disability benefit begins to accrue.
Subd. 3.
Applicability of general law.
Except as otherwise provided, section 353.33 applies to a person who qualifies for disability under subdivision 1.
History:
1Sp2001 c 10 art 9 s 2; 2013 c 111 art 3 s 22; 2015 c 68 art 12 s 31-33
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 353F — Privatized Public Hospital, Pera Pension Benefits › Section 353F.052 — Application Of Surviving Spouse, Dependent Child Provision.

353F.052 APPLICATION OF SURVIVING SPOUSE, DEPENDENT CHILD PROVISION.
Notwithstanding any provisions of law to the contrary, subdivisions within section 353.32 of the edition of Minnesota Statutes published in the year before the year in which a privatization occurred, applicable to the surviving spouse or dependent children of a former member as defined in section 353.01, subdivision 7a, apply to the survivors of a privatized former public employee.
History:
2004 c 267 art 9 s 16; 2013 c 111 art 3 s 23
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 353F — Privatized Public Hospital, Pera Pension Benefits › Section 353F.057 — Termination From Service Requirement.

353F.057 TERMINATION FROM SERVICE REQUIREMENT.
Upon termination of service from the privatized former public employer after the effective date of privatization, a privatized former public employee must separate from any employment relationship with the privatized former public employer for at least 30 days to qualify to receive a retirement annuity under this chapter.
History:
2013 c 111 art 3 s 24; 2018 c 211 art 10 s 18
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 353F — Privatized Public Hospital, Pera Pension Benefits › Section 353F.06 — Application Of Reemployed Annuitant Earnings Limitations.

353F.06 APPLICATION OF REEMPLOYED ANNUITANT EARNINGS LIMITATIONS.
If a privatized former public employee satisfies the separation from service requirement in section 353F.057 and thereafter resumes employment with the privatized former public employer or a governmental subdivision under section 353.01, subdivision 6, the reemployed annuitant earnings limitations of section 353.37 apply.
History:
1999 c 222 art 1 s 6; 2013 c 111 art 3 s 25; 2018 c 211 art 10 s 19
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 353F — Privatized Public Hospital, Pera Pension Benefits › Section 353F.07 — Effect On Refund.

353F.07 EFFECT ON REFUND.
Notwithstanding any provision of chapter 353 to the contrary, privatized former public employees may receive a refund of employee accumulated contributions plus interest as provided in section 353.34, subdivision 2, at any time after the transfer of employment to the privatized former public employer. If a privatized former public employee has received a refund from a pension plan listed in section 356.30, subdivision 3, the person may not repay that refund unless the person again becomes a member of one of those listed plans and complies with section 356.30, subdivision 2.
History:
1999 c 222 art 1 s 7; 2012 c 286 art 7 s 3; 2013 c 111 art 3 s 26; 2018 c 211 art 10 s 20
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 353F — Privatized Public Hospital, Pera Pension Benefits › Section 353F.08 — Counseling Services.

353F.08 COUNSELING SERVICES.
The privatized former public employer and the executive director of the Public Employees Retirement Association shall provide privatized former public employees with counseling on their benefits available under the general employees retirement plan of the Public Employees Retirement Association during a period mutually agreed upon before or after the effective date of privatization.
History:
1999 c 222 art 1 s 8; 2013 c 111 art 3 s 27
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 353F — Privatized Public Hospital, Pera Pension Benefits › Section 353F.09 — Application To Sales Of Privatized Former Public Employers.

353F.09 APPLICATION TO SALES OF PRIVATIZED FORMER PUBLIC EMPLOYERS.
A medical facility or other employing unit shall cease to be a privatized former public employer and its employees shall cease to be considered privatized former public employees under this chapter upon the sale of the operations of the medical facility or employing unit to another employer or the sale of the medical facility or employing unit to another employer. The privatized former public employees shall be entitled to benefits accrued under this chapter to the date of the sale, but shall not accrue additional benefits after the date of the sale.
History:
2018 c 211 art 10 s 21
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 353G — Volunteer Firefighters; Retirement › Section 353G.03 — Statewide Volunteer Firefighter Plan Advisory Board.

353G.03 STATEWIDE VOLUNTEER FIREFIGHTER PLAN ADVISORY BOARD.
Subdivision 1.
Establishment.
A Statewide Volunteer Firefighter Plan Advisory Board is created.
Subd. 2.
Function; purpose.
The advisory board shall meet periodically to provide advice to the board of trustees of the Public Employees Retirement Association about the retirement coverage needs of volunteer firefighters who are members of the plan and about the legislative and administrative changes that would assist the plan in accommodating volunteer firefighters who are not members of the plan.
Subd. 3.
Composition.
(a) The advisory board consists of ten members.
(b) The advisory board members are:
(1) one representative of Minnesota townships, appointed by the Minnesota Association of Townships;
(2) two representatives of Minnesota cities, appointed by the League of Minnesota Cities;
(3) one representative of Minnesota fire chiefs, who is a fire chief, appointed by the Minnesota State Fire Chiefs Association;
(4) two representatives of Minnesota volunteer firefighters, all who are active volunteer firefighters, one of whom is covered by the lump-sum division and one of whom is covered by the monthly benefit division, appointed by the Minnesota State Fire Chiefs Association;
(5) three representatives of Minnesota volunteer firefighters who are covered by the lump-sum division, appointed by the Minnesota State Fire Departments Association; and
(6) one representative of the Office of the State Auditor, designated by the state auditor.
Subd. 4.
Term.
(a) The term for the Office of the State Auditor representative is determined by the state auditor.
(b) Terms on the advisory board other than the Office of the State Auditor representative are three years.
Subd. 5.
Compensation of advisory board.
The compensation of members of the advisory board, other than the Office of the State Auditor representative, is governed by section 15.0575, subdivision 3.
History:
2009 c 169 art 9 s 12; 2015 c 68 art 8 s 12; 2018 c 211 art 16 s 7; 2020 c 108 art 7 s 9; 2023 c 47 art 10 s 9
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 353G — Volunteer Firefighters; Retirement › Section 353G.04 — Information From Municipalities And Fire Departments.

353G.04 INFORMATION FROM MUNICIPALITIES AND FIRE DEPARTMENTS.
The chief executive officers of municipalities and fire departments with volunteer firefighters covered by the statewide volunteer firefighter plan shall provide all relevant information and records requested by the board, the executive director, and the State Board of Investment as required to perform their duties.
History:
2009 c 169 art 9 s 13; 2015 c 68 art 8 s 13; 2020 c 108 art 7 s 9
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 353G — Volunteer Firefighters; Retirement › Section 353G.06 — Disestablishment Of Prior Volunteer Firefighter Relief Association Special Fund Upon Retirement Coverage Change.

353G.06 DISESTABLISHMENT OF PRIOR VOLUNTEER FIREFIGHTER RELIEF ASSOCIATION SPECIAL FUND UPON RETIREMENT COVERAGE CHANGE.
Subdivision 1.
Special fund disestablishment.
On the December 31 immediately prior to the effective date of the coverage change, the special fund of the applicable volunteer firefighter relief association, if one exists, ceases to exist as a pension fund of the association and legal title to the assets of the special fund transfers to the State Board of Investment, with the undivided beneficial title to the assets of the special fund remaining in the applicable volunteer firefighters as a group.
Subd. 2.
Other relief association changes.
In addition to the transfer and disestablishment of the special fund under subdivision 1, notwithstanding any provisions of chapter 424A or 424B to the contrary, upon the effective date of the change in coverage, if the relief association membership elects to retain the relief association as a nonprofit organization after the coverage election, the following changes must be implemented with respect to the relief association:
(1) the relief association is not authorized to receive any state aid or any municipal funds; and
(2) the relief association may not pay any service pension or benefit that was not authorized as a general fund disbursement under the articles of incorporation or bylaws of the relief association in effect immediately prior to the plan coverage election process.
Subd. 3.
Successor in interest.
Upon the disestablishment of the special fund of the relief association under this section, the plan is the successor in interest of the special fund of the relief association for all claims against the special fund other than a claim against the special fund, the relief association, the municipality, the fire department, or any person connected with the relief association in a fiduciary capacity under chapter 356A or common law that was based on any act or acts which were not performed in good faith and which constituted a breach of a fiduciary obligation. As the successor in interest of the special fund of the relief association, the plan may assert any applicable defense in any judicial proceeding which the board of trustees of the relief association or the municipality would have been entitled to assert.
History:
2009 c 169 art 9 s 15; 2010 c 359 art 6 s 3; 2015 c 68 art 8 s 15; 2020 c 108 art 7 s 9; 2023 c 47 art 10 s 9; art 11 s 1,2
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 353G — Volunteer Firefighters; Retirement › Section 353G.07 — Certification Of Service Credit.

353G.07 CERTIFICATION OF SERVICE CREDIT.
(a) Annually, by March 31, the fire chief of the fire department with firefighters who are active members of either the lump-sum division or the monthly benefit division shall certify to the executive director the service credit for the previous calendar year of each firefighter rendering active service with the fire department.
(b) The fire chief shall provide to each firefighter rendering active service with the fire department notification of the amount of service credit rendered by the firefighter for the calendar year. The service credit notification must be provided to the firefighter 60 days before its certification to the executive director of the Public Employees Retirement Association, along with an indication of the process for the firefighter to challenge the fire chief's determination of service credit. If the service credit amount is challenged in a timely fashion, the fire chief shall hold a hearing on the challenge, accept and consider any additional pertinent information, and make a final determination of service credit. The final determination of service credit by the fire chief is not reviewable by the executive director of the Public Employees Retirement Association or by the board of trustees of the Public Employees Retirement Association.
(c) The service credit certification is an official public document. If a false service credit certification is filed or if false information regarding service credits is provided, section 353.19 applies.
(d) The service credit certification must be expressed as a percentage of a full year of service during which an active firefighter rendered at least the minimum level and quantity of fire suppression, emergency response, fire prevention, or fire education duties required by the fire department under the rules and regulations applicable to the fire department. No more than one year of service credit may be certified for a calendar year.
(e) If a firefighter covered by the plan leaves active firefighting service to render active military service that is required to be governed by the federal Uniformed Services Employment and Reemployment Rights Act, as amended, the person must be certified as providing a full year of service credit in each year of the military service, up to the applicable limit of the federal Uniformed Services Employment and Reemployment Rights Act. If the firefighter does not return from the military service in compliance with the federal Uniformed Services Employment and Reemployment Rights Act, the service credits applicable to that military service credit period are forfeited and cancel at the end of the calendar year in which the federal law time limit occurs.
History:
2009 c 169 art 9 s 16; 2015 c 68 art 8 s 16; 2022 c 65 art 4 s 25; 2023 c 47 art 10 s 9
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 353G — Volunteer Firefighters; Retirement › Section 353G.10 — Deferred Service Pension Amount.

353G.10 DEFERRED SERVICE PENSION AMOUNT.
A person who was an active member of a fire department covered by either the lump-sum division or the monthly benefit division of the plan who has separated from active firefighting service for at least 30 days and who has completed at least five years of service credit, but has not attained the age of 50 years, is entitled to a deferred service pension on or after attaining the age of 50 years and applying in a manner specified by the executive director for the service pension. The service pension payable is the nonforfeitable percentage of the service pension under section 353G.09, subdivision 2, and is payable without any interest on or increase in the service pension over the period of deferral.
History:
2009 c 169 art 9 s 19; 2015 c 68 art 8 s 19; 2022 c 65 art 4 s 25; 2023 c 47 art 10 s 9
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 353G — Volunteer Firefighters; Retirement › Section 353G.112 — Monthly Benefit Division Service Pension Levels.

353G.112 MONTHLY BENEFIT DIVISION SERVICE PENSION LEVELS.
The service pension amount for the firefighters of a fire department covered by the monthly benefit division of the plan is the amount specified in the retirement benefit plan document applicable to the fire department.
History:
2015 c 68 art 8 s 21; 2023 c 47 art 10 s 9
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 353G — Volunteer Firefighters; Retirement › Section 353G.115 — Disability Benefit Coverage; Authority For Casualty Insurance.

353G.115 DISABILITY BENEFIT COVERAGE; AUTHORITY FOR CASUALTY INSURANCE.
(a) Except as provided in paragraph (b) or (c), no disability benefit is payable from the statewide plan.
(b) If the board approves the arrangement, disability coverage for the lump-sum division of the statewide plan members may be provided through a group disability insurance policy obtained from an insurance company licensed to do business in this state. The lump-sum retirement account of the statewide volunteer firefighter plan is authorized to pay the premium for the disability insurance authorized by this paragraph. The proportional amount of the total annual disability insurance premium must be added to the required contribution amount determined under section 353G.08.
(c) The disability benefit coverage for the monthly benefit division is the disability service pension amount specified in the benefit plan document applicable to the fire department, applicable former volunteer firefighter relief association in effect as of the last day before the date on which retirement coverage transferred to the statewide volunteer firefighter plan, subject to all conditions and limitations in the disability service pension specified therein.
History:
2010 c 359 art 6 s 8; 2015 c 68 art 8 s 22; 2020 c 108 art 7 s 9; 2023 c 47 art 10 s 9
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 353G — Volunteer Firefighters; Retirement › Section 353G.12 — Survivor Benefit.

353G.12 SURVIVOR BENEFIT.
Subdivision 1.
Entitlement.
(a) A survivor of a deceased active member of the plan or a deceased deferred member of the plan, upon application as prescribed by the executive director, is entitled to receive a survivor benefit.
(b) A survivor is the spouse of the member, or if none, the minor child or children of the member, or if none, the estate of the member.
Subd. 2.
Lump-sum plan; survivor benefit amount.
The amount of the survivor benefit for the lump-sum division is the amount of the lump-sum service pension that would have been payable to the member of the lump-sum division on the date of death if the member had been age 50 or older on that date.
Subd. 3.
Monthly benefit plan; survivor benefit amount.
The amount of the survivor benefit for the monthly benefit division is the survivor service pension amount specified in the retirement benefit plan document applicable to the fire department, subject to all conditions and limitations for the benefit specified therein.
History:
2009 c 169 art 9 s 21; 2015 c 68 art 8 s 23,24; 2023 c 47 art 10 s 9
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 353G — Volunteer Firefighters; Retirement › Section 353G.121 — Monthly Benefit Division; Post-transfer Benefit Plan Document Modifications.

353G.121 MONTHLY BENEFIT DIVISION; POST-TRANSFER BENEFIT PLAN DOCUMENT MODIFICATIONS.
(a) The fire chief of a fire department that has an active membership who are covered by the monthly benefit division of the plan may initiate the process of modifying the retirement benefit plan document under this section.
(b) The modification procedure is initiated when the applicable fire chief files with the executive director of the Public Employees Retirement Association a written summary of the desired benefit plan document modification, the proposed benefit plan document modification language, a written request for the preparation of an actuarial cost estimate for the proposed benefit plan document modification, and payment of the estimated cost of the actuarial cost estimate.
(c) Upon receipt of the modification request and related documents, the executive director shall review the language of the proposed benefit plan document modification and, if a clarification is needed in the submitted language, shall inform the fire chief of the necessary clarification. Once the proposed benefit plan document modification language has been clarified by the fire chief and resubmitted to the executive director, the executive director shall arrange for the approved actuary retained by the Public Employees Retirement Association to prepare a benefit plan document modification cost estimate under the applicable provisions of section 356.215 and of the standards for actuarial work adopted by the Legislative Commission on Pensions and Retirement. Upon completion of the benefit plan document modification cost estimate, the executive director shall forward the estimate to the fire chief who requested it and to the chief financial officer of the municipality or entity with which the fire department is primarily associated.
(d) The fire chief, upon receipt of the cost estimate, shall circulate the cost estimate with the active firefighters in the fire department and shall take reasonable steps to provide the estimate results to any affected retired members of the fire department and their beneficiaries. The chief financial officer of the municipality or entity associated with the fire department shall present the proposed modification language and the cost estimate to the governing body of the municipality or entity for its consideration at a public hearing held for that purpose.
(e) If the governing body of the municipality or entity approves the modification language, the chief administrative officer of the municipality or entity shall notify the executive director of the Public Employees Retirement Association of that approval. The benefit plan document modification is effective on the January 1 next following the date of filing the approval with the Public Employees Retirement Association.
History:
2015 c 68 art 8 s 25; 2020 c 108 art 7 s 8; 2023 c 47 art 10 s 9
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 353G — Volunteer Firefighters; Retirement › Section 353G.14 — Distributions From Lump-sum Division.

353G.14 DISTRIBUTIONS FROM LUMP-SUM DIVISION.
Subdivision 1.
Lump sum.
Unless a volunteer firefighter requests an annuity under subdivision 2, the executive director must distribute a lump-sum service pension in the form of a single payment from the account of each fire department covered by the plan in which the volunteer firefighter earned a retirement benefit under section 353G.09.
Subd. 2.
Annuity.
The executive director may purchase an annuity contract on behalf of a volunteer firefighter retiring from the lump-sum division of the plan with a total premium payment in an amount equal to the lump-sum service pension payable under section 353G.09 if the purchase was requested by the volunteer firefighter in a manner prescribed by the executive director. The annuity contract must be purchased from an insurance carrier that is licensed to do business in this state. If purchased, the annuity contract is in lieu of any service pension or other benefit from the lump-sum plan of the plan. The annuity contract may be purchased at any time after the volunteer firefighter discontinues active service, but the annuity contract must stipulate that no annuity amounts are payable before the volunteer firefighter attains the age of 50.
History:
2009 c 169 art 9 s 23; 2015 c 68 art 8 s 27; 2023 c 47 art 10 s 8,9
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 353G — Volunteer Firefighters; Retirement › Section 353G.16 — Exemption From Process.

353G.16 EXEMPTION FROM PROCESS.
The provisions of section 356.401 apply to the statewide volunteer firefighter plan.
History:
2009 c 169 art 9 s 25; 2015 c 68 art 8 s 29; 2020 c 108 art 7 s 9
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 354 — Teachers Retirement › Section 354.091 — Service Credit.

354.091 SERVICE CREDIT.
Subdivision 1.
Definition; monthly base salary.
For purposes of this section, "monthly base salary" means the annual base salary, as defined in section 354.05, subdivision 41, divided by 12.
Subd. 2.
Service credit annual limit.
No teacher may receive credit for more than one year of teaching service for any fiscal year.
Subd. 3.
Service credit calculation.
(a) Except as specified in subdivisions 4 and 5, service credit must be calculated monthly by dividing the teacher's monthly salary by the monthly base salary for the teacher's employing unit and multiplying the result by 11.1 percent.
(b) For purposes of computing service credit, salary must be allocated to each calendar month based on the pay period begin and end dates. If the pay period covers more than one calendar month, the salary must be allocated based on the number of days in each calendar month.
(c) A teacher may not receive more than 11.1 percent of a year's service credit in a calendar month.
(d) Annual service credit must be calculated by adding the allowable monthly service credit for all 12 months of the fiscal year, with the result rounded to two decimal places, subject to the annual limit specified in subdivision 2.
Subd. 4.
Service credit determination for Minnesota State Colleges and Universities system teachers.
For all services rendered on or after July 1, 2003, service credit for all members employed by the Minnesota State Colleges and Universities system must be determined:
(1) for full-time employees, by the definition of full-time employment contained in the collective bargaining agreement for those units listed in section 179A.10, subdivision 2, or contained in the applicable personnel or salary plan for those positions designated in section 179A.10, subdivision 1; and
(2) for part-time employees, by the appropriate proration of full-time equivalency based on the provisions contained in the collective bargaining agreement for those units listed in section 179A.10, subdivision 2, or contained in the applicable personnel or salary plan for those positions designated in section 179A.10, subdivision 1, and the applicable procedures of the Minnesota State Colleges and Universities system.
Subd. 5.
Service credit procedure, nontraditional schedules.
For employer units that have nontraditional work schedules or pay schedules, the procedure for determining service credit must be specified by the executive director with the approval of the board of trustees.
History:
1974 c 289 s 13; 1981 c 160 s 3; 1982 c 578 art 1 s 6; 1989 c 319 art 2 s 8; 1994 c 528 art 3 s 11; 2000 c 461 art 3 s 29; 2004 c 267 art 3 s 4; 1Sp2005 c 8 art 10 s 52; 2010 c 359 art 7 s 3
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 354 — Teachers Retirement › Section 354.092 — Sabbatical Leave.

354.092 SABBATICAL LEAVE.
Subdivision 1.
Definition.
A sabbatical leave for the purpose of this section means a sabbatical leave as defined in section 122A.49 or the applicable personnel policy of the Minnesota State Colleges and Universities.
Subd. 2.
Pay rate; certification.
A sabbatical leave must be compensated by a minimum of one-third of the salary that the member received for a comparable period during the prior fiscal year. Upon granting a sabbatical leave, the employing unit granting the leave must certify the leave to the association on a form specified by the executive director.
Subd. 3.
Employer and employee contributions.
Employer contributions and deductions for employee contributions at the applicable rate specified in section 354.42 must be made by the employing unit based on the full normal base contract salary that would have been paid to the member if the member were not on sabbatical leave. The employer must meet the reporting and remittance requirements under section 354.52.
Subd. 4.
Service credit.
A member may not receive more than three years of allowable service credit in any ten consecutive years under this section. Notwithstanding the provisions of any agreements to the contrary, employee and employer contributions may not be made to receive allowable service credit under this section if the member does not retain the right to full reinstatement both during and at the end of the sabbatical leave.
History:
1974 c 289 s 54; 1975 c 306 s 8; 1981 c 160 s 4; 1Sp1985 c 12 art 11 s 4; 1986 c 444; 1989 c 319 art 2 s 9; 1991 c 340 s 10; 1997 c 241 art 3 s 4-6; 1998 c 397 art 11 s 3; 2000 c 461 art 3 s 30; 2015 c 68 art 13 s 30
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 354 — Teachers Retirement › Section 354.093 — Parental Leave.

354.093 PARENTAL LEAVE.
Upon granting a parental leave for the birth or adoption of a child, the employing unit granting the leave must certify the leave to the association on a form specified by the executive director. A member of the association granted parental leave of absence by the employing unit is entitled to service credit not to exceed one year for the period of leave upon payment under section 354.72. Notwithstanding the provisions of any agreements to the contrary, the contributions specified in this section may not be made to receive allowable service credit under this section if the member does not retain the right to full reinstatement at the end of the leave.
History:
1976 c 329 s 29; 1991 c 340 s 11; 1995 c 141 art 3 s 20; 2000 c 461 art 3 s 31; 2007 c 134 art 2 s 32
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 354 — Teachers Retirement › Section 354.095 — Medical Leave.

354.095 MEDICAL LEAVE.
(a) Upon granting a medical leave, an employing unit must certify the leave to the association on a form specified by the executive director. A member of the association who is on an authorized medical leave of absence is entitled to receive allowable service credit, not to exceed five years, for the period of leave, upon making the prescribed payment to the fund under section 354.72. A member may not receive more than one year of allowable service credit during any fiscal year by making payment under this section. A member may not receive disability benefits under section 354.48 and receive allowable service credit under this section for the same period of time.
(b) The executive director shall reject an application for disability benefits under section 354.48 if the member is applying only because an employer-sponsored provider of private disability insurance benefits requires the application and the member would not have applied for disability benefits in the absence of the requirement. The member shall submit a copy of the disability insurance policy that requires an application for disability benefits from the plan if the member wishes to assert that the application is only being submitted because of the disability insurance policy requirement.
(c) Notwithstanding the provisions of any agreement to the contrary, employee and employer contributions may not be made to receive allowable service credit under this section if the member does not retain the right to full reinstatement both during and at the end of the medical leave.
History:
1990 c 570 art 7 s 1; 1991 c 340 s 13; 1995 c 141 art 3 s 20; 2007 c 134 art 2 s 34; 2018 c 211 art 11 s 5
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 354 — Teachers Retirement › Section 354.096 — Family Leave.

354.096 FAMILY LEAVE.
Subdivision 1.
Certification.
Upon granting a family leave to a member, an employing unit must certify the leave to the association on a form specified by the executive director.
Subd. 2.
Payment.
Notwithstanding any laws to the contrary, a member who is granted a family leave under United States Code, title 42, section 12631, may receive allowable service credit for the leave by making payment under section 354.72.
Subd. 3.
Subsequent eligibility.
The member shall return to public service after the leave period under United States Code, title 42, section 12631, to receive allowable service for a subsequent authorized family leave.
History:
1994 c 528 art 3 s 12; 2004 c 267 art 3 s 5; 2007 c 134 art 2 s 35; 2008 c 349 art 5 s 28
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 354 — Teachers Retirement › Section 354.10 — Funds Not Subject To Assignment Or Process; Beneficiaries.

354.10 FUNDS NOT SUBJECT TO ASSIGNMENT OR PROCESS; BENEFICIARIES.
Subdivision 1.
Exemption; exceptions.
(a) The provisions of section 356.401 apply to the teachers retirement plan.
(b) The right of a teacher to take advantage of the benefits provided by this chapter, is a personal right only and is not assignable. All money to the credit of a teacher's account in the fund or any money payable to the teacher from the fund belongs to the state of Minnesota until actually paid to the teacher or a beneficiary under this chapter.
(c) The association may acknowledge a properly completed power of attorney form.
Subd. 2.
[Repealed, 1Sp2005 c 8 art 10 s 81]
Subd. 3.
Payment to public bodies.
If, in the judgment of the executive director, conditions so warrant, payment of an annuity, a retirement benefit, or a refund may be made to a public body in behalf of an annuitant, disabilitant, or survivor upon such terms as the executive director may prescribe.
Subd. 4.
Changes in designated beneficiaries.
(a) A beneficiary designated by a retiree or member under section 354.05, subdivision 22, may be changed or revoked by the retiree or member on a form provided by the executive director.
(b) A change or revocation made under this subdivision is valid only if the properly completed form is received by the association on or before the date of death of the retiree or the member.
(c) If a designated beneficiary dies before the retiree or member designating the beneficiary and a new beneficiary is not designated, the retiree's or member's estate is the beneficiary.
History:
(2950-10) 1931 c 406 s 10; 1955 c 361 s 8; 1961 c 745 s 1; 1971 c 789 s 6; 1974 c 289 s 14; 1975 c 306 s 9; 1977 c 67 s 5; 1978 c 772 s 62; 1979 c 303 art 3 s 30; 1984 c 547 s 7; 1986 c 444; 1987 c 157 s 6; 1989 c 319 art 2 s 10; 1991 c 340 s 14-16; 1994 c 528 art 3 s 13,14; 1995 c 141 art 3 s 20; 1997 c 203 art 6 s 92; 1999 c 222 art 9 s 6; 2000 c 461 art 3 s 33; 2003 c 127 art 3 s 20; 1Sp2005 c 8 art 10 s 53-55
2023 Minnesota Statutes › Chapters 352 - 356B — Retirement › Chapter 354 — Teachers Retirement › Section 354.105 — Payments Using Pretax Transfers.

354.105 PAYMENTS USING PRETAX TRANSFERS.
If a current or past member is making a payment to the Teachers Retirement Association to receive service credit under a provision of this chapter, chapter 356, or applicable special law, and this payment is to be made by a transfer of pretax assets authorized under section 356.441, payment is authorized after the due date, but not to exceed 90 days, provided that the authorization for the asset transfer has been received by the applicable third-party administrator by the due date, and the payment must include interest at the applicable monthly rate or rates specified in section 356.59, subdivision 4, compounded annually, from the due date through the end of the month in which the Teachers Retirement Association receives the payment.
History:
2007 c 134 art 2 s 36; 1Sp2019 c 8 art 8 s 10