1998 Minnesota Code
Chapters 352 - 356A Retirement
Chapter 352C Elective State Officers Retirement
Section 352C.031 Retirement allowance.

352C.031 Retirement allowance.

Subdivision 1. Unreduced retirement allowance. Upon separation from service, a former constitutional officer who has attained the age of at least 62 years and who has at least eight years of allowable service is entitled upon making written application on forms supplied by the director to a normal retirement allowance.

Subd. 2. Reduced retirement allowance. Upon separation from service, a former constitutional officer who has attained the age of at least 60 years and who has at least eight years of allowable service is entitled upon making written application on forms supplied by the director to a retirement allowance in an amount equal to a normal retirement allowance reduced by one-half of one percent for each month that the former constitutional officer is under age 62.

Subd. 3. Average salary. Average salary for purposes of calculating the normal retirement allowance pursuant to subdivision 4 shall mean the average of the highest five successive years of salary upon which contributions have been made pursuant to section 352C.09.

Subd. 4. Retirement allowance formula. (a) This paragraph applies to constitutional officers who terminate that service before July 1, 1997. The average salary multiplied by 2-1/2 percent for each year of allowable service and pro rata for completed months less than a full year shall determine the amount of the normal retirement allowance.

(b) This paragraph applies to constitutional officers who terminate that service after June 30, 1997. The retirement allowance is an amount equal to the rate under paragraph (a) per year of service of the constitutional officer's average monthly salary adjusted for that person on an actuarial equivalent basis to reflect the change in the postretirement interest rate actuarial assumption under section 356.215, subdivision 4d, from five percent to six percent. The adjustment must be calculated by or, alternatively, the adjustment procedure must be specified by the actuary retained by the legislative commission on pensions and retirement.

Subd. 5. Benefit accrual and termination. The benefit shall begin to accrue the first day of the month in which the application is received by the director but in no event earlier than the day following the termination of service or the attainment of the age required to receive such benefit, whichever is later. Thereafter, benefits shall be paid on the first day of each calendar month for that month. The benefit shall cease with the payment for the month in which the retired constitutional officer died.

Subd. 6. Payment of retirement allowances. Retirement allowances payable pursuant to this section shall be paid monthly by the executive director of the Minnesota state retirement system.

HIST: 1978 c 796 s 14; 1981 c 224 s 66; 1993 c 307 art 1 s 29; 1997 c 233 art 1 s 35