Process for firefighter relief associations to terminate retirement plan modified.

A bill for an act

relating to retirement; modifying process for firefighter relief associations to

terminate retirement plan; amending Minnesota Statutes 2024, section 424B.22,

subdivisions 5, 7, 8, 9.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 424B.22, subdivision 5, is amended to read:

Subd. 5.

Determination of assets and liabilities.

(a) The board of trustees
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shall
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must
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determine the following as of the date of termination of the retirement plan:

(1) the fair market value of the assets of the special fund;

(2)
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the present value of
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each participant's accrued benefit, taking into account full vesting

under subdivision 3 and any increased lump-sum or monthly benefit level approved under

subdivision 4;

(3)
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the present value of
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any benefit remaining to be paid to
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each
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any
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retiree in pay status
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,

if any
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and to any other benefit recipient
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; and

(4) administrative expenses incurred or reasonably anticipated to be incurred through

the date on which all retirement benefits have been distributed or transferred or, if later, the

effective date of the dissolution of the relief association.

(b) The board of trustees
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shall
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must
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compile a schedule that includes the following

information:

(1) the name of each participant, including each retiree in pay status
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,
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to whom
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a
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an

accrued
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benefit
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or pension
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is or will be owed;

(2) the name of each other benefit recipient to whom a benefit
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or pension
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is or will be

owed; and

(3) for each individual described in clauses (1) and (2), the amount of the benefit
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or

pension
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to which the individual is entitled under the bylaws of the relief association, taking

into account the changes required or permitted by this section
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,
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and
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the corresponding number

of years of service on which the benefit
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or pension
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is based
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, and the earliest date on which

the benefit or pension would have been payable under the bylaws of the relief association
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.

(c) If the relief association is dissolving, in addition to the determination under paragraph

(a) for the retirement plan, the board of trustees
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shall
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must
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determine, as of the effective

date of the dissolution of the relief association, the legal obligations of the general fund of

the relief association.

Sec. 2.

Minnesota Statutes 2024, section 424B.22, subdivision 7, is amended to read:

Subd. 7.

Allocation of surplus.

(a) If the retirement plan is a defined benefit plan and

if, after completing the determination of assets, liabilities, and administrative expenses under

subdivision 5,
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there is
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the retirement plan's assets exceed liabilities and administrative

expenses, resulting in
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a surplus, the board of trustees
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shall
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must
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transfer to the affiliated

municipality the lesser of (1) the amount of the surplus, or (2) the sum of all required

contributions, without investment earnings or interest thereon, made by the municipality to

the relief association during the year in which the termination of the retirement plan occurs

or during the preceding nine years.

(b) If the affiliated municipality did not make any required contributions to the relief

association during the current or preceding nine years or if, after the transfer described in

paragraph (a), there is surplus remaining, the relief association and the municipality will

mutually agree on an allocation between them of the remaining surplus.

(c) If, within 180 days
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of
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after
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the date of termination of the retirement plan, the

municipality and relief association have not reached an agreement on the allocation of the

surplus under paragraph (b), then 50 percent of the surplus
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shall
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must
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be retained by the

relief association and 50 percent of the surplus
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shall
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must
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be transferred to the affiliated

municipality.

(d) Any surplus retained by the relief association under paragraph (c)
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shall
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must
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be

allocated among all participants eligible to share in the surplus
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under paragraph (e)
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in the

same proportion that the
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present value of the
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accrued benefit for each eligible participant

bears to the total
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present value of the
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accrued benefits of all participants eligible to share

in the surplus, and each eligible participant's
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accrued
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benefit, as determined under subdivision

5, paragraph (a), clause (2),
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shall
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must
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be increased by the participant's share of the surplus.
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If a participant is receiving or has elected to receive a monthly pension, the participant's

accrued benefit for the purpose of allocating surplus is the lump sum present value of the

monthly pension benefit to which the participant is entitled to receive.
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(e)
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The board of trustees
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shall
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must
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determine eligibility to share in the surplus, which

may include all participants and any former participants who, within the last three years or

such other number of years as determined by the board of trustees, separated from active

service and received their retirement benefit. If the board of trustees decides to include

former participants in the allocation of the surplus, the board of trustees
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shall
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must
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modify

the method for allocating the surplus to take into account the former participants.

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(e)
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(f)
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Any amount of surplus transferred to the affiliated municipality under this

subdivision may only be used for the purposes described in section
424A.08
, paragraph (a)

or (b).

Sec. 3.

Minnesota Statutes 2024, section 424B.22, subdivision 8, is amended to read:

Subd. 8.

Immediate distribution of retirement benefits and payment of all other

obligations.

(a) The board of trustees
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shall
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must
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liquidate the assets of the special fund and

pay retirement benefits and administrative expenses under the retirement plan within 210

days after the effective date of the termination of the retirement plan.

(b) If the retirement plan is a defined benefit plan that pays lump-sum benefits or a

defined contribution plan, without regard to whether the participant has attained age 50,
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the

board of trustees must offer
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each participant and other benefit recipient
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shall be permitted
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the option
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to elect an immediate distribution or a direct rollover of the
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participant's
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benefit

to an eligible retirement plan as permitted under section
356.633
, subdivisions 1 and 2, if

the benefit is an eligible rollover distribution as defined in section
356.633, subdivision 1
,

paragraph (d).

(c) If the retirement plan is a defined benefit plan that pays monthly pension benefits,

the board of trustees
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shall
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must
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, at the election of the participant or other benefit recipient,

purchase an annuity contract under section
424A.015, subdivision 3
, naming the participant

or other benefit recipient, as applicable, as the insured or distribute a lump-sum amount that

is equal to the present value of the monthly pension benefits to which the participant or

other benefit recipient is entitled. If an annuity is elected by the participant or other benefit

recipient, the annuity
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shall
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must
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provide for commencement at a date elected by the insured,

to be paid as an annuity for the life of the insured.
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The board of trustees must transfer
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legal

title to the annuity contract
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shall be transferred
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to the insured. If
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the participant or other

benefit recipient elects
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a lump sum
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is elected
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amount
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, the
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board of trustees must offer the

participant or other benefit recipient the
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option under paragraph (b) to take an immediate

distribution or a direct rollover
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shall apply
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.

(d) The board of trustees
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shall
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must
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complete the distribution of all assets of the special

fund by making any remaining distributions or transfers as required under subdivision 9 on

behalf of participants or other benefit recipients who cannot be located or are
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unresponsive
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nonresponsive
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and paying any remaining administrative expenses related to the termination

of the plan.

Sec. 4.

Minnesota Statutes 2024, section 424B.22, subdivision 9, is amended to read:

Subd. 9.

Missing
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or nonresponsive
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participants.

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(a) For purposes of this subdivision,

the terms defined in this subdivision have the meanings given them.

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(b) "Retirement benefit" means:

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(1) the participant's account balance if the retirement plan is a defined contribution plan;

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(2) the participant's lump-sum benefit if the retirement plan is a defined benefit plan that

pays a lump sum; or

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(3) an amount equal to the present value of the participant's benefit if the retirement plan

is a defined benefit plan that pays a monthly annuity.

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(c) "Individual retirement account" means an account that satisfies the requirements of

section 408(a) of the Internal Revenue Code which is established by an officer of the relief

association in the name of the participant or other benefit recipient at a federally insured

financial institution.

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(d)
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(a)
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If the board of trustees cannot locate a participant or other benefit recipient, the

board of trustees
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shall
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must
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make a diligent effort to obtain a current address or other contact

information as follows:

(1) send a notice to the address on file for the participant or other benefit recipient using

certified mail;

(2) check with the Minnesota State Fire Department Association, the municipality, and

any other employer of the participant;

(3) check with the participant's designated beneficiary on file with the relief association;

and

(4) use one or more of the Internet search tools that are free of charge.

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(e) the board of trustees shall
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(b) The board of trustees must dispose of the retirement

benefit of a participant or other benefit recipient under clause (1) or (2) if the board of

trustees is unable to locate the participant or other benefit recipient after taking the actions

described in paragraph (a) or the participant or other benefit recipient does not make an

election of a distribution or direct rollover under subdivision 8, paragraph (b), or an annuity

or lump sum distribution or direct rollover under subdivision 8, paragraph (c). The board

of trustees must:
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(1)
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transfer the retirement benefit to an individual retirement account
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that satisfies the

requirements of section 408(a) of the Internal Revenue Code and is established by an officer

of the relief association in the name of the participant or other benefit recipient at a federally

insured financial institution;
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or

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(2)
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consider the retirement benefit abandoned and deposit funds in the amount of the

retirement benefit with the commissioner of commerce under chapter 345, notwithstanding

any laws to the contrary, including section 345.381
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, if the board of trustees is unable to

locate the participant or other benefit recipient after taking the actions described in paragraph

(d) or the participant or other benefit recipient does not elect to receive or rollover a

retirement benefit to which the participant or other benefit recipient is entitled
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.

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(c) For the purpose of this subdivision, a retirement benefit that is a monthly pension or

annuity may be disposed of under paragraph (b) by converting the monthly pension or

annuity to a lump sum that is equal to the present value of the monthly pension or annuity

to which the participant or other benefit recipient is entitled.

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Sec. 5.
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EFFECTIVE DATE.
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Sections 1 to 4 are effective the day following final enactment.

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