LCPR04-072
1.1 ............... moves to amend H.F. No. 1412; S.F. No.
1.2 1293, as follows:
1.3 Delete everything after the enacting clause and insert:
1.4 "Section 1. SALARY FOR PENSION PURPOSES ADJUSTMENT;
1.5 TEACHERS RETIREMENT ASSOCIATION.
1.6 Subdivision 1. ADMINISTRATIVE HEARING. The Teachers
1.7 Retirement Association shall hold an administrative hearing
1.8 under Minnesota Statutes, sections 14.57 to 14.62, to determine
1.9 whether an eligible individual under subdivision 3, paragraph
1.10 (b), became enrolled in the qualified part-time teacher program
1.11 under Minnesota Statutes, section 354.66, because forms,
1.12 brochures, or other material provided to the individual and
1.13 applicable school district regarding this program failed to
1.14 indicate with sufficient clarity that a teacher providing
1.15 teaching services to a school district and to the Minnesota
1.16 State Colleges and Universities System is ineligible for this
1.17 program. Notice of the hearing must be provided within 30 days
1.18 of the effective date of this section and the hearing must be
1.19 held as soon thereafter as practicable.
1.20 Subd. 2. EFFECT OF HEARING. Subdivision 3 is effective
1.21 if all requirements under that subdivision are satisfied, and if
1.22 the administrative hearing required by subdivision 1 results in
1.23 a finding of fact that materials referred to in subdivision 1
1.24 were sufficiently misleading to the individual and to
2.1 representatives of the Mounds View School District (Independent
2.2 School District No. 621) to cause the ineligible individual to
2.3 become enrolled in the qualified part-time teaching program. If
2.4 subdivision 3 is effective, the Teachers Retirement Association
2.5 must bear all costs related to the hearings. If subdivision 3
2.6 is not effective, the eligible individual must bear these costs.
2.7 Subd. 3. PENSION SALARY ADJUSTMENT. (a) On behalf of an
2.8 eligible teacher specified in paragraph (b), the Teachers
2.9 Retirement Association shall use the salary for pension purposes
2.10 specified in paragraph (c), if payment, if applicable, under
2.11 paragraph (d) is made.
2.12 (b) An eligible teacher is a Teachers Retirement
2.13 Association member who:
2.14 (1) in 1982, while employed as a full-time teacher by
2.15 Independent School District No. 621 also accepted a part-time
2.16 teaching position at Normandale Community College;
2.17 (2) for the 2002-2003 school year provided teaching service
2.18 to Normandale Community College on a full-time basis and to
2.19 Independent School District No. 621 on a part-time basis; and
2.20 (3) had a petition heard by the Teachers Retirement
2.21 Association board of directors on September 12, 2002, relating
2.22 to the teacher's removal from the qualified part-time teacher
2.23 program under Minnesota Statutes, section 354.66, due to a
2.24 failure to meet that program's eligibility requirements.
2.25 (c) Notwithstanding the Teachers Retirement Association
2.26 board's findings of fact, conclusions of law, and final order to
2.27 the contrary, and Minnesota Statutes, sections 354.05,
2.28 subdivision 35; 354.44, subdivision 6; and 354.66 to the
2.29 contrary, for the 2001-2002 school year the Teachers Retirement
2.30 Association will use a salary for pension purposes of $89,187.
2.31 (d) If the salary upon which contributions were made by an
2.32 eligible teacher under paragraph (b) as recognized in the
2.33 records of the Teachers Retirement Association on the effective
2.34 date of this act is less than the salary amount stated in
2.35 paragraph (c), an eligible teacher under paragraph (b) must make
2.36 an additional lump sum contribution to be computed by the
3.1 Teachers Retirement Association and including 8.5 percent
3.2 interest computed from January 1, 2002, until the end of the
3.3 month in which payment occurs, based on the difference between
3.4 the salary recognized for the 2001-2002 school year in the
3.5 records of the Teachers Retirement Association on the effective
3.6 date of this act and the amount specified in paragraph (c).
3.7 This lump sum contribution amount is to be determined using the
3.8 applicable employee and employer contribution rate specified in
3.9 Minnesota Statutes 2002, section 354.42, subdivisions 1 and 2.
3.10 If this paragraph applies and the required contribution is not
3.11 made within 90 days after the date of the findings of fact from
3.12 the hearing required under subdivision 1, or before the
3.13 effective date of retirement, whichever is earlier, this section
3.14 is voided.
3.15 Sec. 2. EFFECTIVE DATE.
3.16 Section 1 is effective on the day following final
3.17 enactment."
3.18 Delete the title and insert:
3.19 "A bill for an act
3.20 relating to retirement; Teachers Retirement
3.21 Association; authorizing the Teachers Retirement
3.22 Association, based on the outcome of an administrative
3.23 hearing, to use a salary for pension purposes for a
3.24 certain teacher which is in excess of actual earnings."