1.1    .................... moves to amend H.F. No. 3436; S.F. No. 3136, as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2007 Supplement, section 43A.346, subdivision 1,
1.4is amended to read:
1.5    Subdivision 1. Definition. For purposes of this section, "terminated state employee"
1.6means a person currently occupying who occupied a civil service position in the executive
1.7or legislative branch of state government, the Minnesota State Retirement System, the
1.8Public Employees Retirement Association, or the Office of the Legislative Auditor, or a
1.9person who was employed by the Metropolitan Council.
1.10EFFECTIVE DATE.This section is effective July 1, 2008.

1.11    Sec. 2. Minnesota Statutes 2007 Supplement, section 43A.346, subdivision 2, is
1.12amended to read:
1.13    Subd. 2. Eligibility. (a) This section applies to a terminated state or Metropolitan
1.14Council employee who:
1.15    (1) for at least the five years immediately preceding separation under clause (2), has
1.16been was regularly scheduled to work 1,044 or more hours per year in a position covered
1.17by a pension plan administered by the Minnesota State Retirement System or the Public
1.18Employees Retirement Association;
1.19    (2) terminates terminated state or Metropolitan Council employment;
1.20    (3) at the time of termination under clause (2), meets met the age and service
1.21requirements necessary to receive an unreduced retirement annuity from the plan and
1.22satisfies satisfied requirements for the commencement of the retirement annuity or, for
1.23an a terminated employee under the unclassified employees retirement plan, meets met
1.24the age and service requirements necessary to receive an unreduced retirement annuity
1.25from the plan and satisfies satisfied requirements for the commencement of the retirement
1.26annuity or elects elected a lump-sum payment; and
2.1    (4) agrees to accept a postretirement option position with the same or a different
2.2appointing authority, working a reduced schedule that is both (i) a reduction of at least 25
2.3percent from the employee's number of previously regularly scheduled work hours; and
2.4(ii) 1,044 hours or less in state or Metropolitan Council service.
2.5    (b) For purposes of this section, an unreduced retirement annuity includes a
2.6retirement annuity computed under a provision of law which permits retirement, without
2.7application of an earlier retirement reduction factor, whenever age plus years of allowable
2.8service total at least 90.
2.9    (c) For purposes of this section, as it applies to staff of the Public Employees
2.10Retirement Association who are at least age 62, the length of separation requirement and
2.11termination of service requirement prohibiting return to work agreements under section
2.12353.01, subdivisions 11a and 28, are not applicable.
2.13EFFECTIVE DATE.This section is effective July 1, 2008.

2.14    Sec. 3. Minnesota Statutes 2006, section 43A.346, subdivision 4, is amended to read:
2.15    Subd. 4. Annuity reduction not applicable. Notwithstanding any law to the
2.16contrary, when an eligible state employee in a postretirement option position under this
2.17section commences receipt of the annuity, the provisions of section 352.115, subdivision
2.1810 , or 353.37 governing annuities of reemployed annuitants, shall not apply for the
2.19duration of a terminated state employee's employment in the a postretirement option
2.20position.
2.21EFFECTIVE DATE.This section is effective July 1, 2008.

2.22    Sec. 4. Minnesota Statutes 2006, section 43A.346, subdivision 5, is amended to read:
2.23    Subd. 5. Appointing authority discretion. The appointing authority has sole
2.24discretion to determine if and the extent to which a postretirement option position under
2.25this section is available to a terminated state employee. Any offer of such a position
2.26must be made in writing to the employee person by the appointing authority on a form
2.27prescribed by the Department of Employee Relations and the Minnesota State Retirement
2.28System or the Public Employees Retirement Association. If the person is under age 62, an
2.29offer of a postretirement option position and any related verbal offer or agreement must
2.30not be made until at least 30 days after the person terminated employment. The appointing
2.31authority may not require a person to waive any rights under a collective bargaining
2.32agreement or unrepresented employee compensation plan as a condition of participation.
2.33EFFECTIVE DATE.This section is effective July 1, 2008.

3.1    Sec. 5. Minnesota Statutes 2006, section 43A.346, subdivision 6, is amended to read:
3.2    Subd. 6. Duration. Postretirement option employment shall be for an initial
3.3period not to exceed one year. During that period, the appointing authority may not
3.4modify the conditions specified in the written offer without the employee's agreement
3.5person's consent, except as required by law or by the collective bargaining agreement or
3.6compensation plan applicable to the employee person. At the end of the initial period,
3.7the appointing authority has sole discretion to determine if the offer of a postretirement
3.8option position will be renewed, renewed with modifications, or terminated. If the person
3.9is under age 62, an offer of renewal and any related verbal offer or agreement must not
3.10be made until at least 30 days after termination of the person's previous postretirement
3.11option employment. Postretirement option employment may be renewed for periods of
3.12up to one year, not to exceed a total duration of five years. No person shall be employed
3.13in one or a combination of postretirement option positions under this section for a total
3.14of more than five years.
3.15EFFECTIVE DATE.This section is effective July 1, 2008.

3.16    Sec. 6. Minnesota Statutes 2006, section 43A.346, subdivision 7, is amended to read:
3.17    Subd. 7. Copy to fund. The appointing authority shall provide the Minnesota
3.18State Retirement System or the Public Employees Retirement Association with a copy of
3.19the offer, the terminated state employee's acceptance of the terms, and any subsequent
3.20renewal agreement.
3.21EFFECTIVE DATE.This section is effective July 1, 2008."
3.22Amend the title accordingly