Minnesota Statutes 354.544 – Service Credit Purchase for Teaching Service in Other States
Subdivision 1.Service credit purchase authorized.
(a) A teacher who has at least three years of allowable service credit with the Teachers Retirement Association is entitled to purchase up to five years of allowable and formula service credit for periods of service as an elementary or secondary public or charter school teacher in another state by making payment of the purchase payment amount under subdivision 4.
Terms Used In Minnesota Statutes 354.544
- Allowable service: means :
(1) any service rendered by a teacher for any calendar month when the member receives salary from which deductions are made, deposited and credited in the fund;
(2) any service rendered by a person for any calendar month where payments in lieu of salary deductions are made, deposited and credited into the fund as provided in Minnesota Statutes 1980, section 354. See Minnesota Statutes 354.05
- Association: means the combined membership of all teachers who qualify and participate in the retirement program provided for in this chapter. See Minnesota Statutes 354.05
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Formula service credit: means any allowable service credit as defined in subdivision 13 except:
(1) any service rendered for which contributions were not made in full as determined by the ratio between the amounts of money credited to the teacher's account in a fiscal year and the retirement contribution payable for the fiscal year under sections 354. See Minnesota Statutes 354.05
- Member of the association: means every teacher who contributes to the teachers retirement fund as provided in this chapter who has not retired, or a teacher who exercises an option to elect coverage under another public pension plan enumerated in section 356. See Minnesota Statutes 354.05
- Retirement: means the withdrawal of a member from active teaching service who is paid a retirement annuity thereafter and commences with the date designated by the retirement board when the retirement annuity first accrues to the former member after withdrawal from active teaching service and application for an annuity under section 354. See Minnesota Statutes 354.05
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
- Teacher: means :
(1) a person who renders service as a teacher, supervisor, principal, superintendent, librarian, nurse, counselor, social worker, therapist, or psychologist in:
(i) a public school of the state other than in Independent School District No. See Minnesota Statutes 354.05
- teaching: includes the service performed by any person coming within the definition of "teacher" as set forth in subdivision 2. See Minnesota Statutes 354.05
- Termination of teaching service: means the withdrawal of a member from active teaching service by resignation or the termination of the member's teaching contract by the employer. See Minnesota Statutes 354.05
(b) Periods of service that may be purchased are:
(1) periods of service as a teacher in another state before becoming a member of the association; and
(2) periods of service as a teacher in another state during any period of employment after terminating teaching service as a member of the association and before returning to teaching service as a member of the association.
(c) A teacher is not permitted to purchase a period of service if the purchase would result in an entitlement to service credit for the same period of service in more than one pension or retirement plan.
Subd. 2.Application and documentation.
A teacher who desires to purchase service credit under subdivision 1 must apply with the executive director to make the purchase. The application must include:
(1) documentation showing the teacher’s period of employment as a teacher in another state;
(2) the period of employment for which service credit is being purchased;
(3) permission to allow the executive director to request and receive verification of such employment;
(4) documentation showing that the teacher has forfeited all rights to benefits for the period of employment as a teacher in another state; and
(5) any other relevant information requested by the executive director.
Subd. 3.Grant of service credit.
The Teachers Retirement Association must grant allowable service credit to the teacher making the purchase for the period being purchased upon receipt of the purchase payment amount. Payment must be made by the earlier of the teacher’s termination of teaching service or one year after the executive director’s approval of the teacher’s application to purchase service credit. Purchasing allowable service credit under this section does not change the date the teacher first became a member of the association for the purpose of computing an annuity under section 354.44, subdivision 6.
Subd. 4.Purchase payment amount.
The purchase payment amount is the amount determined under section 356.551 for the period or periods of service requested, except that, for purposes of calculating the purchase payment amount to purchase allowable service credit for service as a teacher in another state that occurred before becoming a member of the association or between periods of teaching service as a member of the association, section 356.551, subdivision 2, paragraph (c), shall not apply.