Key: (1) language to be deleted (2) new language
Laws of Minnesota 1992 CHAPTER 403-S.F.No. 2182 An act relating to retirement; Duluth teachers retirement fund association; proposing coding for new law in Minnesota Statutes, chapter 354A; repealing Laws 1985, chapter 259, section 2; and Laws 1990, chapter 570, article 7, section 4. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. [354A.27] [DULUTH TEACHERS RETIREMENT FUND ASSOCIATION; LUMP SUM POSTRETIREMENT ADJUSTMENT MECHANISM.] Subdivision 1. [ELIGIBILITY.] A person receiving a retirement annuity, disability benefit, or surviving spouse benefit or annuity from the Duluth teachers retirement fund association who has received the annuity or benefit for at least one year may be entitled to receive a lump sum postretirement adjustment under subdivision 2, in the discretion of the board of trustees under subdivision 3. Subd. 2. [ADJUSTMENT AMOUNT.] The amount an eligible annuitant or benefit recipient is entitled to receive must be determined by the governing board as follows: (1) the years of service credit of each annuitant or the years of service credit of each decedent on behalf of whom a survivor benefit is paid must be added to the number of years the annuity or survivor benefit has been paid; (2) the dollar amount equal to up to one percent of the current assets of the fund, as defined under section 356.215, subdivision 1, clause (5), at the end of the previous fiscal year must be determined by the board of trustees; (3) the dollar amount determined under clause (2) must be divided by the total number of years for each annuitant or benefit recipient under clause (1) to arrive at the adjustment figure per unit; and (4) the adjustment for each eligible annuitant or benefit recipient is equal to the amount per unit determined under clause (3) multiplied by the number of years determined under clause (1). Subd. 3. [DISCRETION TO MODIFY ADJUSTMENT AMOUNT.] The board of trustees may eliminate or reduce the adjustment amount in any fiscal year. Subd. 4. [ANNUITIZATION OPTION.] The lump sum postretirement adjustment payable under this section, at the request of the annuitant or benefit recipient and with the approval of the board of trustees, may be converted to a monthly annuity of an equivalent actuarial value, based on: (1) the age of the annuitant or benefit recipient on the date of the lump sum postretirement adjustment; (2) the mortality table established by the board of trustees of the association and approved under section 356.215, subdivision 7; and (3) a postretirement interest rate assumption of 7.5 percent. Sec. 2. [BYLAW OR ARTICLE OF INCORPORATION AMENDMENT AUTHORIZED.] Authorization is granted in accordance with Minnesota Statutes, section 354A.12, subdivision 4, for the Duluth teachers retirement fund association to amend its articles of incorporation or bylaws to implement the postretirement adjustment mechanism set forth in section 1 if the postretirement adjustment mechanism approved in Laws 1985, chapter 259, section 2 or 3, whichever applies, and augmented by Laws 1990, chapter 570, article 7, section 4, is eliminated. Sec. 3. [REPEALER.] Laws 1985, chapter 259, section 2; and Laws 1990, chapter 570, article 7, section 4, are repealed. Sec. 4. [EFFECTIVE DATE.] Sections 1 to 3 are effective on July 1, 1992. Presented to the governor April 2, 1992 Signed by the governor April 3, 1992, 4:06 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes