Subdivision 1. Teacher defined. For purposes of this section, "teacher" means a teacher as defined in section 122A.15, subdivision 1, who:
(a) is employed in a public elementary or secondary school in the state and
(b) either
(1)(i) has at least 15 total years of full-time teaching service in elementary, secondary, and technical colleges, or at least 15 years of allowable service as defined in sections 354.05, subdivision 13; 354.092; 354.093; 354.094; 354.53; 354.66; 354A.011, subdivision 4; 354A.091; 354A.092; 354A.093; 354A.094; or Laws 1982, chapter 578, article II, section 1 and
(ii) has or will have attained the age of 55 years but less than 65 years as of the June 30 in the school year during which an application for an early retirement incentive is made, or
(2) has at least 30 total years of full-time teaching service in elementary, secondary, and technical colleges, or at least 30 years of allowable service as defined in sections 354.05, subdivision 13; 354.092; 354.093; 354.094; 354.53; 354.66; 354A.011, subdivision 4; 354A.091; 354A.092; 354A.093; 354A.094; or Laws 1982, chapter 578, article II, section 1.
Subd. 2. Retirement. For purposes of this section, "retirement" means termination of services in the employing district and withdrawal from active teaching service.
Subd. 3. Employment exemptions for retired teachers. Notwithstanding the provisions of subdivision 2, a teacher who has entered into an agreement for termination of services and withdrawal from active teaching service with an early retirement incentive may be employed as a substitute teacher, behind-the-wheel instructor, or coach after retirement.
Subd. 4. Unemployment benefits. Any amount of unemployment benefits that the teacher receives and for which the district is required to pay into the unemployment insurance program trust fund pursuant to section 268.052, subdivision 1, may be deducted by the district from the amount of the teacher's early retirement incentive or recovered by the district from the teacher up to the amount of the early retirement incentive.
Subd. 5. Applications. A teacher meeting the requirements of subdivision 1 may apply to the school board of the employing district for a contract for termination of services, withdrawal from active teaching service, and payment of an early retirement incentive. This application must be submitted on or before February 1 of the school year at the end of which the teacher wishes to retire. A school board must approve or deny the application within 30 days after it is received by the board. The amount of the early retirement incentive shall be agreed upon between the teacher and the school board. The early retirement incentive shall be paid by the employing district at the time and in the manner mutually agreed upon by a teacher and the board.
1980 c 609 art 6 s 28; 1981 c 358 art 8 s 3-8; 1982 c 548 art 4 s 11; 1983 c 67 s 1; 1983 c 314 art 10 s 4,5; 1984 c 463 art 7 s 15; 1986 c 444; 1987 c 258 s 12; 1987 c 398 art 7 s 30-32; 1989 c 246 s 2; 1994 c 465 art 2 s 13; 1994 c 488 s 8; 1996 c 412 art 13 s 24; 1997 c 66 s 79,80; 1998 c 397 art 8 s 85,86,101; art 11 s 3; 1999 c 107 s 66; 2000 c 343 s 4; 2011 c 27 s 1; 2014 c 272 art 3 s 18
Structure Minnesota Statutes
Chapters 120 - 129C — Education Code: Prekindergarten - Grade 12
Chapter 122A — Teachers And Other Educators
Section 122A.01 — Definitions.
Section 122A.05 — Professional Practices; Intent.
Section 122A.06 — Definitions.
Section 122A.07 — Professional Educator Licensing And Standards Board Membership.
Section 122A.092 — Teacher Preparation Programs.
Section 122A.093 — Fraud; Gross Misdemeanor.
Section 122A.11 — Definitions.
Section 122A.12 — Board Of School Administrators.
Section 122A.14 — Duties Of Board Of School Administrators.
Section 122A.15 — Teachers, Supervisory And Support Personnel, Definitions, Licensure.
Section 122A.16 — Qualified Teacher Defined.
Section 122A.17 — Validity Of Certificates Or Licenses.
Section 122A.18 — Board To Issue Licenses.
Section 122A.181 — Tier 1 License.
Section 122A.182 — Tier 2 License.
Section 122A.183 — Tier 3 License.
Section 122A.184 — Tier 4 License.
Section 122A.185 — Teacher Licensure Assessment.
Section 122A.187 — Expiration And Renewal.
Section 122A.188 — Licensure Denial; Appeal.
Section 122A.19 — Bilingual And English As A Second Language Teachers; Licenses.
Section 122A.20 — Suspension Or Revocation Of Licenses.
Section 122A.21 — Teachers' And Administrators' Licenses; Fees.
Section 122A.22 — District Verification Of Teacher Licenses.
Section 122A.23 — Applicants Trained In Other States.
Section 122A.2451 — Alternative Teacher Preparation Providers And Programs.
Section 122A.26 — Community Education Teachers; Licensure Requirements.
Section 122A.27 — Alternative Preparation Licensing For Administrators.
Section 122A.28 — Teachers Of Deaf And Hard-of-hearing Students; Licensure Requirements.
Section 122A.29 — Teachers Of Blind And Visually Impaired Students; Licensure Requirements.
Section 122A.31 — American Sign Language/english Interpreters.
Section 122A.33 — License And Degree Exemption For Head Coach.
Section 122A.40 — Employment; Contracts; Termination.
Section 122A.41 — Teacher Tenure Act; Cities Of The First Class; Definitions.
Section 122A.414 — Alternative Teacher Pay.
Section 122A.4144 — Supplemental Agreements; Alternative Teacher Pay.
Section 122A.415 — Alternative Compensation Revenue.
Section 122A.4155 — Alternative Compensation Rural District Application Assistance.
Section 122A.417 — Alternative Teacher Compensation Revenue For St. Croix River Education District.
Section 122A.42 — General Control Of Schools.
Section 122A.43 — Short-term, Limited Contracts.
Section 122A.44 — Contracting With Teachers; Substitute Teachers.
Section 122A.45 — Teacher Contracts For Summer School.
Section 122A.46 — Extended Leaves Of Absence.
Section 122A.47 — Return To Full-time Work.
Section 122A.48 — Teacher Early Retirement Incentive Program.
Section 122A.49 — Sabbatical Leave For Teachers.
Section 122A.50 — Preparation Time.
Section 122A.51 — Teacher Lunch Period.
Section 122A.54 — Exchange Teachers.
Section 122A.55 — Staff Exchange Program.
Section 122A.56 — Faculty Exchange And Temporary Assignment Program.
Section 122A.57 — Exchanges Between Education Faculty.
Section 122A.58 — Coaches, Termination Of Duties.
Section 122A.59 — Come Teach In Minnesota Hiring Bonuses.
Section 122A.60 — Staff Development Program.
Section 122A.61 — Reserved Revenue For Staff Development.
Section 122A.624 — Educational Effectiveness Program.
Section 122A.625 — Educational Effectiveness Plan.
Section 122A.627 — Positive Behavioral Interventions And Supports.
Section 122A.63 — Grants To Prepare Indian Teachers.
Section 122A.635 — Collaborative Urban And Greater Minnesota Educators Of Color Grant Program.
Section 122A.66 — Teacher Training; Effects Of Drugs And Alcohol.
Section 122A.68 — Teaching Residency Program.
Section 122A.69 — Practice Or Student Teachers.
Section 122A.695 — Best Practices.
Section 122A.70 — Teacher Mentorship And Retention Of Effective Teachers.
Section 122A.71 — Research On Program Effectiveness.
Section 122A.72 — Teacher Centers.
Section 122A.73 — Grants For Grow Your Own Programs.
Section 122A.74 — Principals' Leadership Institute.
Section 122A.76 — Statewide Concurrent Enrollment Teacher Training Program.
Section 122A.90 — Interstate Agreement On Qualifications Of Educational Personnel.