Subdivision 1. Covered plans. This section applies to the following retirement plans:
(1) the general state employees retirement plan of the Minnesota State Retirement System established under chapter 352;
(2) the correctional state employees retirement plan of the Minnesota State Retirement System established under chapter 352;
(3) the State Patrol retirement plan established under chapter 352B;
(4) the unclassified state employees retirement program of the Minnesota State Retirement System established under chapter 352D;
(5) the general employee retirement plan of the Public Employees Retirement Association established under chapter 353;
(6) the public employees police and fire retirement plan established under chapter 353;
(7) the local government correctional employees retirement plan of the Public Employees Retirement Association established under chapter 353E;
(8) the Teachers Retirement Association established under chapter 354;
(9) the St. Paul Teachers Retirement Fund Association established under chapter 354A; and
(10) the uniform judicial retirement plan established under chapter 490.
Subd. 2. Treatment. (a) The treatment specified in this section applies if, after the accrual date of an annuity or benefit from an applicable plan or plans, a marriage dissolution decree or annulment decree is rendered that specifies that the designation of an optional annuity must be revoked and if the other requirements specified in this section are satisfied.
(b) Notwithstanding any law to the contrary, if the applicable pension plan or plans have provisions of law that revise the monthly benefit amount payable to the primary annuitant upon the death of the individual named as the optional joint annuitant, the monthly benefit amount must be recomputed as though the individual that had been named as the optional joint annuitant died on the date a certified copy of the marriage dissolution or annulment decree is received by the chief administrative officer. Payment of any benefit adjustment under this section is prospective only.
Subd. 3. Restrictions. (a) This section does not apply if the marriage dissolution decree or annulment decree is not consistent with the requirements under section 518.58.
(b) The pension plan benefit recipient must not designate, and the court may not require that the member designate, a subsequent optional annuity beneficiary.
(c) This section does not apply if more than one surviving individual was named as an optional joint annuitant.
Subd. 4. Submission of documentation. To receive the treatment provided in this section, an eligible retiree or disabilitant must provide, to the chief administrative officer of the applicable pension plan, a certified copy of the marriage dissolution or annulment decree. The retiree or disabilitant and the joint annuitant must also submit a form, prescribed by the chief administrative officer of the applicable pension plan and signed by both individuals, requesting the annuity bounce back as provided in subdivision 2. The individuals must also provide any other documentation the chief administrative officer may request.
2010 c 359 art 10 s 1; 2013 c 111 art 7 s 8
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.