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SF4805 • 2026
Police officers pension provisions modification
Police officers pension provisions modification
Passed Legislature
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Bill History
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2026-03-25
House
Introduction and first reading
Official Summary Text
Police officers pension provisions modification
Current Bill Text
Read the full stored bill text
A bill for an act relating to retirement; public employees police and fire retirement plan; modifying reemployment pension provisions for police officers; setting limits on the number of retired police officers that a city may employ as police officers; amending Minnesota Statutes 2024, section 353.37, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 353. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2024, section 353.37, is amended by adding a subdivision to read: new text begin Subd. 7. new text end new text begin Applicability; police officers. new text end new text begin (a) This section does not apply to the reemployment of a police officer who is receiving an annuity or has applied to receive an annuity from the public employees police and fire retirement plan and who, pursuant to section 353.658, returns to employment as a police officer covered by the public employees police and fire retirement plan. new text end new text begin (b) For purposes of this subdivision, "police officer" means an individual described as a police officer in section 353.64. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end Sec. 2. new text begin [353.658] REEMPLOYMENT AS A POLICE OFFICER. new text end new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin For purposes of this section, the following terms have the meanings given: new text end new text begin (1) "city" means a city within the state of Minnesota; new text end new text begin (2) "police and fire plan" means the public employees police and fire retirement plan of the Public Employees Retirement Association; and new text end new text begin (3) "police officer" means an individual described as a police officer in section 353.64. new text end new text begin Subd. 2. new text end new text begin Eligibility. new text end new text begin This section applies to a member of the police and fire plan who: new text end new text begin (1) is a police officer; new text end new text begin (2) separated from service with at least at least five years of allowable service in the police and fire plan; and new text end new text begin (3) is receiving or has applied to receive an annuity under section 353.651. new text end new text begin Subd. 3. new text end new text begin Return to employment. new text end new text begin (a) A member who is eligible under subdivision 2 may return to employment for a city as a police officer covered by the police and fire plan as early as the 31st day after separation from service. new text end new text begin (b) The executive director must seek repayment of any annuity payments made to a member who returns to employment before the earliest day under paragraph (a). The executive director may waive the repayment requirement if the member's failure to comply with paragraph (a) was inadvertent or due to no fault of the member. new text end new text begin Subd. 4. new text end new text begin Effect on annuity. new text end new text begin (a) A member's return to employment under subdivision 3 does not impact the member's continued receipt of an annuity or commencement of annuity payments. new text end new text begin (b) During the period of reemployment: new text end new text begin (1) the amount of the annuity must not increase or decrease as a result of the reemployment; and new text end new text begin (2) neither the member nor the city may make contributions as required under section 353.65. new text end new text begin (c) A member must not earn allowable service in the police and fire plan for employment covered under this section. new text end new text begin Subd. 5. new text end new text begin Effect on insurance benefits. new text end new text begin (a) The member's return to employment under subdivision 3 does not impact the member's continued participation in the statewide public employees insurance program pursuant to section 43A.316, subdivision 8. new text end new text begin (b) During the period of reemployment, the continued participation in the statewide public employees insurance program is at the member's expense unless a collective bargaining agreement or personnel policy provides otherwise. new text end new text begin Subd. 6. new text end new text begin Duration; compensation; due process. new text end new text begin (a) A member who returns to employment under subdivision 3: new text end new text begin (1) must be employed based on need as determined by the city; new text end new text begin (2) must serve for a term not to exceed one year, which may be renewed annually at the discretion of the city if requested or agreed to by the member; new text end new text begin (3) must receive compensation according to the standard procedures applicable to the city; and new text end new text begin (4) is subject to any merit system, civil service, or other statutory due process provisions applicable to the city. new text end new text begin (b) A city's decision not to renew a one-year employment term must not be considered a disciplinary action or deprivation subject to due process. new text end new text begin Subd. 7. new text end new text begin Limitation; reemployed annuitants. new text end new text begin (a) A city is limited in the number of members it may reemploy as police officers under this section. new text end new text begin (b) A city that employed five or fewer police officers during the immediately preceding calendar year may employ any number of members who are returning to employment under this section. new text end new text begin (c) A city that employed more than five but fewer than 100 police officers over the course of the immediately preceding calendar year may not employ more than five members who are returning to employment under this section or a number equal to 25 percent of the police officers employed by the city in the immediately preceding calendar year, whichever is greater. new text end new text begin (d) A city that employed 100 or more police officers over the course of the immediately preceding calendar year may not employ more than 25 members who are returning to employment under this section or a number equal to ten percent of the police officers employed by the city in the immediately preceding calendar year, whichever is greater. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end