Subdivision 1. Exclusive benefit of members and beneficiaries. (a) The public plans and funds specified in subdivision 4 are established to provide for the retirement of their members and to provide funds for the beneficiaries of members in the event of death of a member.
(b) The public plans and funds are established and must be maintained for the exclusive benefit of the members and the beneficiaries of the members. Except as provided in subdivisions 2 and 3, no part of the moneys of the plans and funds may revert to the plan or fund or be used for or diverted to purposes other than the exclusive benefit of the members or their beneficiaries.
Subd. 2. Allowable expenses. The necessary, reasonable, and direct expenses of maintaining, protecting, and administering the public plan or fund, as authorized in the laws governing the plan or fund, must be considered as expenditures for the exclusive benefit of the members or their beneficiaries.
Subd. 3. Effect of amendments or termination. (a) If a public plan or fund defined in subdivision 4 is terminated or the plan or fund provisions are amended, no part of the moneys held in the plan or fund may be used for or diverted to any purpose other than the exclusive benefit of the members or their beneficiaries, except as provided in this subdivision.
(b) If a plan or fund is terminated, all affected members have a nonforfeitable interest in their benefits that were accrued and funded to date. The value of the accrued benefits to be credited to the account of each affected member must be calculated as of the date of termination and the funding ratio of the plan or fund must be applied to the accrued benefit of each affected member.
(c) The board of trustees of the plan or fund shall, as soon as administratively feasible following the termination, pay each eligible member or beneficiary on behalf of a member the amount in the member's account in a lump sum. In the case of a member whose whereabouts is unknown, the board shall notify the member at the last known address by certified mail with return receipt requested advising the member of the member's right to a pending distribution. If the member cannot be located in this manner, the board shall establish a custodial account for the member's benefit in a federally insured bank, savings association, or credit union in which the member's account balance must be deposited. If the board receives proof of death of a member that is satisfactory to the board, the account balance must be paid to the beneficiary of the member.
Subd. 4. Covered plans and funds. This section applies to all public pension and retirement plans and funds established under the laws of the state of Minnesota that receive contributions from moneys derived from taxation.
Subd. 5. Construction. Nothing contained in this section may be construed to authorize, or otherwise imply, a legislative policy or intent favoring the termination of any plan or fund to which this section applies.
1983 c 286 s 23; 1995 c 202 art 1 s 25; 2002 c 392 art 11 s 1
Structure Minnesota Statutes
Chapters 352 - 356B — Retirement
Chapter 356 — Retirement Systems, Generally
Section 356.001 — Purpose Of Public Plans.
Section 356.195 — Service Credit Purchase Procedures For Strike Periods.
Section 356.20 — Public Pension Fund Financial Reporting Requirement.
Section 356.214 — Actuarial Valuation Preparation.
Section 356.215 — Actuarial Valuations And Experience Studies.
Section 356.22 — Interpretation.
Section 356.23 — Supplemental Valuations; Alternative Reports And Valuations.
Section 356.245 — Local Elected Officials.
Section 356.25 — Local Governmental Pension Fund Prohibitions; Exclusions.
Section 356.30 — Combined Service Annuity.
Section 356.302 — Disability Benefit With Combined Service.
Section 356.303 — Survivor Benefit With Combined Service.
Section 356.311 — Coverage By More Than One Plan.
Section 356.315 — Retirement Benefit Formula Percentages.
Section 356.32 — Proportionate Annuity At Age 65.
Section 356.40 — Date For Payment Of Annuities And Benefits.
Section 356.401 — Exemption From Process.
Section 356.403 — Normal Retirement Age; Savings Clause.
Section 356.406 — Loss Of Entitlement To Benefits For Survivor Causing Death Of Pension Plan Member.
Section 356.407 — Restoration Of Survivor Benefits.
Section 356.408 — Termination Of Survivor Designation.
Section 356.415 — Postretirement Adjustments; Statewide Retirement Plans.
Section 356.42 — Postretirement Adjustment; Lump-sum Payments.
Section 356.441 — Payment Acceptance Allowed.
Section 356.461 — Various Retirement Systems; Joint And Survivor Annuity Computation.
Section 356.465 — Supplemental Needs Trust As Optional Annuity Form Recipient.
Section 356.47 — Disposition Of Amount In Excess Of Reemployed Annuitant Earnings Limitations.
Section 356.48 — Revocation Of Optional Annuity Due To Marriage Dissolution Or Annulment.
Section 356.49 — Provision Of Information In Event Of Marriage Dissolution.
Section 356.59 — Interest Rates.
Section 356.611 — Limitation On Public Employee Salaries For Pension Purposes.
Section 356.62 — Payment Of Employee Contribution.
Section 356.63 — Limitation On Use Of Public Pension Plan Assets.
Section 356.631 — Additional Sources Of Funding.
Section 356.635 — Internal Revenue Code Compliance.
Section 356.64 — Real Estate Investments.
Section 356.646 — Plan Participant Investment Responsibility.
Section 356.65 — Disposition Of Abandoned Public Pension Fund Amounts.
Section 356.82 — Savings Clause.
Section 356.87 — Health Insurance Withholding.
Section 356.91 — Voluntary Membership Dues Deduction.
Section 356.96 — Pension Plan Appeal Procedures.
Section 356.97 — Information Services And Technology.
Section 356.98 — Allocation Of Receivables.
Section 356.99 — Correction Of Erroneous Defined Benefit Plan Coverage.