Below for your information and review is the legislative language contained in Senate File 2239 which was passed by the state legislature and signed by the governor on June 3, 2006. The signing date of 6/3/06 is the date of enactment and starts the first window as spelled out in the legislation.
Questions concerning the early incentive may be directed to the Middle Management Association office.
Sec. 43. EARLY RETIREMENT INCENTIVE.
Subdivision 1. Eligibility. An appointing authority in the executive or legislative branch of state government or the Board of Public Defense or the Minnesota Historical Society or the Minnesota State Colleges and Universities or any school district may offer the early retirement incentive in this section to an employee who:
(1) has at least 15 years of allowable service in one or more of the funds listed in Minnesota Statutes, section 356.30, subdivision 3, or has at least five years of coverage by the individual retirement account plan governed by Minnesota Statutes, chapter 354B, and upon retirement is immediately eligible for a retirement annuity or benefit from one or more of these funds; and
(2) terminates state or teaching service after the effective date of this section and before September 1, 2006.
Subd. 2. Incentive. (a) For an employee eligible under subdivision 1, the employer may provide an amount up to $17,000, to be used:
(1) for an employee who terminates state service after the effective date of this section and on or before July 15, 2006, for deposit in the employee’s account in the health care savings plan established by Minnesota Statutes, section 352.98; or
(2) for an employee who terminates state service after July 15, 2006, and before September 1, 2006:
(i) notwithstanding Minnesota Statutes, section 352.01, subdivision 11, or 354.05, subdivision 13, whichever applies, for purchase of service credit for unperformed service sufficient to enable the employee to retire under Minnesota Statutes, section 352.116, subdivision 1, paragraph (b); 353.30; or 354.44, subdivision 6, paragraph (b), whichever applies; or
(ii) for purchase of a lifetime annuity or annuity for a specific number of years from the state unclassified retirement program to provide additional benefits under Minnesota Statutes, section 352D.06, subdivision 1.
(b) An employee is eligible for the payment under paragraph (a), clause (2), item (i), if the employee uses money from a deferred compensation account that, combined with the payment under paragraph (a), clause (2), item (i), would be sufficient to purchase enough service credit to qualify for retirement under Minnesota Statutes, section 352.116, subdivision 1, paragraph (b); 353.30, subdivision 1a; or 354.44, subdivision 6, paragraph (b), whichever applies.
(c) The cost to purchase service credit under this section must be made in accordance with Minnesota Statutes, section 356.551.
Subd. 3. Designation of positions; employer discretion. Before offering an incentive under this section, an appointing authority must be experiencing employee layoffs due to budget shortfalls or a reorganization that would be offset by offering the incentive. The appointing authority must document that the incentive payment is equal to or less than the cost of the employee layoff. The appointing authority must designate the job classifications or positions within the job classifications that qualify for the incentive. The appointing authority may modify this designation at any time. Designation of positions eligible for the incentive under this section, participation of individual employees, and the amount of the payment under this section are at the sole discretion of the appointing authority. Unilateral implementation of this section by the employer is not an unfair labor practice under Minnesota Statutes, chapter 179A.
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