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HF 890

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to retirement; Minnesota state retirement 
  1.3             system and public employees retirement association; 
  1.4             modifying various definitions in the public employees 
  1.5             retirement association; making clarifications to 
  1.6             disability benefit and reemployed annuitant provisions 
  1.7             in the public employees retirement association; 
  1.8             providing for disposition of pension assets after 
  1.9             death of certain employees in the Minnesota state 
  1.10            retirement system and public employees retirement 
  1.11            association; amending Minnesota Statutes 2002, 
  1.12            sections 353.01, subdivisions 2b, 10, 12a, 12b; 
  1.13            353.33, subdivisions 4, 5, 6, 6b, 7; 353.37, 
  1.14            subdivision 3, by adding a subdivision; proposing 
  1.15            coding for new law in Minnesota Statutes, chapters 
  1.16            352F; 353F; repealing Minnesota Statutes 2002, 
  1.17            sections 353.01, subdivision 38; 353.33, subdivision 
  1.18            5b. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20     Section 1.  [352F.052] [APPLICATION OF SURVIVING SPOUSE, 
  1.21  DEPENDENT CHILD PROVISION.] 
  1.22     Subdivisions within section 352.12 of the edition of 
  1.23  Minnesota Statutes published in the year before the year in 
  1.24  which a privatization occurred, applicable to the surviving 
  1.25  spouse or dependent children of a former member, apply to 
  1.26  survivors of a terminated hospital employee of Fairview, 
  1.27  University of Minnesota Physicians, or University Affiliated 
  1.28  Family Physicians.  
  1.29     Sec. 2.  Minnesota Statutes 2002, section 353.01, 
  1.30  subdivision 2b, is amended to read: 
  1.31     Subd. 2b.  [EXCLUDED EMPLOYEES.] The following public 
  1.32  employees are not eligible to participate as members of the 
  2.1   association with retirement coverage by the public employees 
  2.2   retirement plan, the local government correctional employees 
  2.3   retirement plan under chapter 353E, or the public employees 
  2.4   police and fire retirement plan: 
  2.5      (1) public officers, other than county sheriffs, who are 
  2.6   elected to a governing body, or persons who are appointed to 
  2.7   fill a vacancy in an elective office of a governing body, whose 
  2.8   term of office first commences on or after July 1, 2002, for the 
  2.9   service to be rendered in that elective position.  Elected 
  2.10  governing body officials who were active members of the 
  2.11  association's coordinated or basic retirement plans as of June 
  2.12  30, 2002, continue participation throughout incumbency in office 
  2.13  until termination of public service occurs as defined in 
  2.14  subdivision 11a; 
  2.15     (2) election officers or election judges; 
  2.16     (3) patient and inmate personnel who perform services for a 
  2.17  governmental subdivision; 
  2.18     (4) except as otherwise specified in subdivision 12a, 
  2.19  employees who are hired for a temporary position as defined 
  2.20  under subdivision 12a, and employees who resign from a 
  2.21  nontemporary position and accept a temporary position within 30 
  2.22  days in the same governmental subdivision.; An employer must not 
  2.23  apply the definition of temporary position so as to exclude 
  2.24  employees who are hired to fill positions that are permanent or 
  2.25  that are for an unspecified period but who are serving a 
  2.26  probationary period at the start of the employment.  If the 
  2.27  period of employment extends beyond six consecutive months and 
  2.28  the employee earns more than $425 from one governmental 
  2.29  subdivision in any calendar month, the department head shall 
  2.30  report the employee for membership and require employee 
  2.31  deductions be made on behalf of the employee under section 
  2.32  353.27, subdivision 4. 
  2.33     The membership eligibility of an employee who resigns or is 
  2.34  dismissed from a temporary position and within 30 days accepts 
  2.35  another temporary position in the same governmental subdivision 
  2.36  is determined on the total length of employment rather than on 
  3.1   each separate position.  Membership eligibility of an employee 
  3.2   who holds concurrent temporary and nontemporary positions in one 
  3.3   governmental subdivision is determined by the length of 
  3.4   employment and salary of each separate position; 
  3.5      (5) employees who are employed by reason of work emergency 
  3.6   caused by fire, flood, storm, or similar disaster; 
  3.7      (6) employees who by virtue of their employment in one 
  3.8   governmental subdivision are required by law to be a member of 
  3.9   and to contribute to any of the plans or funds administered by 
  3.10  the Minnesota state retirement system, the teachers retirement 
  3.11  association, the Duluth teachers retirement fund association, 
  3.12  the Minneapolis teachers retirement association, the St. Paul 
  3.13  teachers retirement fund association, the Minneapolis employees 
  3.14  retirement fund, or any police or firefighters relief 
  3.15  association governed by section 69.77 that has not consolidated 
  3.16  with the public employees retirement association, or any local 
  3.17  police or firefighters consolidation account but who have not 
  3.18  elected the type of benefit coverage provided by the public 
  3.19  employees police and fire fund under sections 353A.01 to 
  3.20  353A.10, or any persons covered by section 353.665, subdivision 
  3.21  4, 5, or 6, who have not elected public employees police and 
  3.22  fire plan benefit coverage.  This clause must not be construed 
  3.23  to prevent a person from being a member of and contributing to 
  3.24  the public employees retirement association and also belonging 
  3.25  to and contributing to another public pension fund for other 
  3.26  service occurring during the same period of time.  A person who 
  3.27  meets the definition of "public employee" in subdivision 2 by 
  3.28  virtue of other service occurring during the same period of time 
  3.29  becomes a member of the association unless contributions are 
  3.30  made to another public retirement fund on the salary based on 
  3.31  the other service or to the teachers retirement association by a 
  3.32  teacher as defined in section 354.05, subdivision 2; 
  3.33     (7) persons who are members of a religious order and are 
  3.34  excluded from coverage under the federal Old Age, Survivors, 
  3.35  Disability, and Health Insurance Program for the performance of 
  3.36  service as specified in United States Code, title 42, section 
  4.1   410(a)(8)(A), as amended through January 1, 1987, if no 
  4.2   irrevocable election of coverage has been made under section 
  4.3   3121(r) of the Internal Revenue Code of 1954, as amended; 
  4.4      (8) employees of a governmental subdivision who have not 
  4.5   reached the age of 23 and are enrolled on a full-time basis to 
  4.6   attend or are attending classes on a full-time basis at an 
  4.7   accredited school, college, or university in an undergraduate, 
  4.8   graduate, or professional-technical program, or a public or 
  4.9   charter high school; 
  4.10     (9) resident physicians, medical interns, and pharmacist 
  4.11  residents and pharmacist interns who are serving in a degree or 
  4.12  residency program in public hospitals; 
  4.13     (10) students who are serving in an internship or residency 
  4.14  program sponsored by an accredited educational institution; 
  4.15     (11) persons who hold a part-time adult supplementary 
  4.16  technical college license who render part-time teaching service 
  4.17  in a technical college; 
  4.18     (12) except for employees of Hennepin county, foreign 
  4.19  citizens working for a governmental subdivision with a work 
  4.20  permit of less than three years, or an H-1b visa valid for less 
  4.21  than three years of employment.  Upon notice to the association 
  4.22  that the work permit or visa extends beyond the three-year 
  4.23  period, the foreign citizens are to be reported for membership 
  4.24  from the date of the extension; 
  4.25     (13) public hospital employees who elected not to 
  4.26  participate as members of the association before 1972 and who 
  4.27  did not elect to participate from July 1, 1988, to October 1, 
  4.28  1988; 
  4.29     (14) except as provided in section 353.86, volunteer 
  4.30  ambulance service personnel, as defined in subdivision 35, but 
  4.31  persons who serve as volunteer ambulance service personnel may 
  4.32  still qualify as public employees under subdivision 2 and may be 
  4.33  members of the public employees retirement association and 
  4.34  participants in the public employees retirement fund or the 
  4.35  public employees police and fire fund, whichever applies, on the 
  4.36  basis of compensation received from public employment service 
  5.1   other than service as volunteer ambulance service personnel; 
  5.2      (15) except as provided in section 353.87, volunteer 
  5.3   firefighters, as defined in subdivision 36, engaging in 
  5.4   activities undertaken as part of volunteer firefighter duties; 
  5.5   provided that a person who is a volunteer firefighter may still 
  5.6   qualify as a public employee under subdivision 2 and may be a 
  5.7   member of the public employees retirement association and a 
  5.8   participant in the public employees retirement fund or the 
  5.9   public employees police and fire fund, whichever applies, on the 
  5.10  basis of compensation received from public employment activities 
  5.11  other than those as a volunteer firefighter; 
  5.12     (16) pipefitters and associated trades personnel employed 
  5.13  by independent school district No. 625, St. Paul, with coverage 
  5.14  under a collective bargaining agreement by the pipefitters local 
  5.15  455 pension plan who were either first employed after May 1, 
  5.16  1997, or, if first employed before May 2, 1997, elected to be 
  5.17  excluded under Laws 1997, chapter 241, article 2, section 12; 
  5.18     (17) electrical workers, plumbers, carpenters, and 
  5.19  associated trades personnel employed by independent school 
  5.20  district No. 625, St. Paul, or the city of St. Paul, who have 
  5.21  retirement coverage under a collective bargaining agreement by 
  5.22  the electrical workers local 110 pension plan, the united 
  5.23  association plumbers local 34 pension plan, or the carpenters 
  5.24  local 87 pension plan who were either first employed after May 
  5.25  1, 2000, or, if first employed before May 2, 2000, elected to be 
  5.26  excluded under Laws 2000, chapter 461, article 7, section 5; 
  5.27     (18) bricklayers, allied craftworkers, cement masons, 
  5.28  glaziers, glassworkers, painters, allied tradesworkers, and 
  5.29  plasterers employed by the city of St. Paul or independent 
  5.30  school district No. 625, St. Paul, with coverage under a 
  5.31  collective bargaining agreement by the bricklayers and allied 
  5.32  craftworkers local 1 pension plan, the cement masons local 633 
  5.33  pension plan, the glaziers and glassworkers local L-1324 pension 
  5.34  plan, the painters and allied trades local 61 pension plan, or 
  5.35  the Twin Cities plasterers local 265 pension plan who were 
  5.36  either first employed after May 1, 2001, or if first employed 
  6.1   before May 2, 2001, elected to be excluded under Laws 2001, 
  6.2   First Special Session chapter 10, article 10, section 6; 
  6.3      (19) plumbers employed by the metropolitan airports 
  6.4   commission, with coverage under a collective bargaining 
  6.5   agreement by the plumbers local 34 pension plan, who either were 
  6.6   first employed after May 1, 2001, or if first employed before 
  6.7   May 2, 2001, elected to be excluded under Laws 2001, First 
  6.8   Special Session chapter 10, article 10, section 6; 
  6.9      (20) employees who are hired after June 30, 2002, to fill 
  6.10  seasonal positions under subdivision 12b which are limited in 
  6.11  duration by the employer to 185 consecutive calendar days or 
  6.12  less in each year of employment with the governmental 
  6.13  subdivision; 
  6.14     (21) persons who are provided supported employment or 
  6.15  work-study positions by a governmental subdivision and who 
  6.16  participate in an employment or industries program maintained 
  6.17  for the benefit of these persons where the governmental 
  6.18  subdivision limits the position's duration to three years or 
  6.19  less, including persons participating in a federal or state 
  6.20  subsidized on-the-job training, work experience, senior citizen, 
  6.21  youth, or unemployment relief program where the training or work 
  6.22  experience is not provided as a part of, or for, future 
  6.23  permanent public employment; 
  6.24     (22) independent contractors and the employees of 
  6.25  independent contractors; and 
  6.26     (23) reemployed annuitants of the association during the 
  6.27  course of that reemployment. 
  6.28     Sec. 3.  Minnesota Statutes 2002, section 353.01, 
  6.29  subdivision 10, is amended to read: 
  6.30     Subd. 10.  [SALARY.] (a) "Salary" means: 
  6.31     (1) periodic compensation of a public employee, before 
  6.32  deductions for deferred compensation, supplemental retirement 
  6.33  plans, or other voluntary salary reduction programs, and also 
  6.34  means "wages" and includes net income from fees; and 
  6.35     (2) for a public employee who has prior service covered by 
  6.36  a local police or firefighters relief association that has 
  7.1   consolidated with the public employees retirement association or 
  7.2   to which section 353.665 applies and who has elected coverage 
  7.3   either under the public employees police and fire fund benefit 
  7.4   plan under section 353A.08 following the consolidation or under 
  7.5   section 353.665, subdivision 4, "salary" means the rate of 
  7.6   salary upon which member contributions to the special fund of 
  7.7   the relief association were made prior to the effective date of 
  7.8   the consolidation as specified by law and by bylaw provisions 
  7.9   governing the relief association on the date of the initiation 
  7.10  of the consolidation procedure and the actual periodic 
  7.11  compensation of the public employee after the effective date of 
  7.12  consolidation. 
  7.13     (b) Salary does not mean: 
  7.14     (1) fees paid to district court reporters, unused annual 
  7.15  vacation or sick leave payments, in lump-sum or periodic 
  7.16  payments, severance payments, reimbursement of expenses, 
  7.17  lump-sum settlements not attached to a specific earnings period, 
  7.18  or workers' compensation payments; 
  7.19     (2) employer-paid amounts used by an employee toward the 
  7.20  cost of insurance coverage, employer-paid fringe benefits, 
  7.21  flexible spending accounts, cafeteria plans, health care expense 
  7.22  accounts, day care expenses, or any payments in lieu of any 
  7.23  employer-paid group insurance coverage, including the difference 
  7.24  between single and family rates that may be paid to a member 
  7.25  with single coverage and certain amounts determined by the 
  7.26  executive director to be ineligible; 
  7.27     (3) the amount equal to that which the employing 
  7.28  governmental subdivision would otherwise pay toward single or 
  7.29  family insurance coverage for a covered employee when, through a 
  7.30  contract or agreement with some but not all employees, the 
  7.31  employer: 
  7.32     (i) discontinues, or for new hires does not provide, 
  7.33  payment toward the cost of the employee's selected insurance 
  7.34  coverages under a group plan offered by the employer; 
  7.35     (ii) makes the employee solely responsible for all 
  7.36  contributions toward the cost of the employee's selected 
  8.1   insurance coverages under a group plan offered by the employer, 
  8.2   including any amount the employer makes toward other employees' 
  8.3   selected insurance coverages under a group plan offered by the 
  8.4   employer; and 
  8.5      (iii) provides increased salary rates for employees who do 
  8.6   not have any employer-paid group insurance coverages; and 
  8.7      (4) except as provided in section 353.86 or 353.87, 
  8.8   compensation of any kind paid to volunteer ambulance service 
  8.9   personnel or volunteer firefighters, as defined in subdivision 
  8.10  35 or 36; and 
  8.11     (5) compensation that exceeds the limitation provided in 
  8.12  section 356.611.  
  8.13     Sec. 4.  Minnesota Statutes 2002, section 353.01, 
  8.14  subdivision 12a, is amended to read: 
  8.15     Subd. 12a.  [TEMPORARY POSITION.] (1) (a) "Temporary 
  8.16  position" means an employment position predetermined by the 
  8.17  employer at the time of hiring to be a period of six months or 
  8.18  less.  Temporary position also means an employment position 
  8.19  occupied by a person hired by the employer as a temporary 
  8.20  replacement who is employed for a predetermined period of six 
  8.21  months or less. 
  8.22     (2) (b) "Temporary position" does not mean an employment 
  8.23  position for a specified or unspecified term in which a person 
  8.24  serves a probationary period as a requirement for subsequent 
  8.25  employment on a permanent or unlimited basis. 
  8.26     (c) If employment in a temporary position extends beyond 
  8.27  six consecutive months, the head of the department shall report 
  8.28  the employee for membership if salary in any month exceeds the 
  8.29  salary threshold specified in subdivision 2a.  The membership 
  8.30  eligibility of an employee who resigns or is dismissed from a 
  8.31  temporary position and accepts another temporary position in the 
  8.32  same governmental subdivision within 30 days is determined on 
  8.33  the total length of employment rather than on each separate 
  8.34  position. 
  8.35     Sec. 5.  Minnesota Statutes 2002, section 353.01, 
  8.36  subdivision 12b, is amended to read: 
  9.1      Subd. 12b.  [SEASONAL POSITION.] "Seasonal position" means 
  9.2   a position where the nature of the work or its duration are 
  9.3   related to a specific season or seasons of the year, regardless 
  9.4   of whether or not the employing agency anticipates that the same 
  9.5   employee will return to the position each season in which it 
  9.6   becomes available.  The entire period of employment in a 
  9.7   business year must be used to determine whether or not a 
  9.8   position may be excluded as seasonal when there is less than a 
  9.9   30-day break between one seasonal position and a subsequent 
  9.10  seasonal position for employment with the same governmental 
  9.11  employer.  Seasonal positions include, but are not limited to, 
  9.12  coaching athletic activities or employment to plow snow or to 
  9.13  maintain roads or parks, or to operate skating rinks, ski 
  9.14  lodges, golf courses, or swimming pools. 
  9.15     Sec. 6.  Minnesota Statutes 2002, section 353.33, 
  9.16  subdivision 4, is amended to read: 
  9.17     Subd. 4.  [PROCEDURE TO DETERMINE ELIGIBILITY.] The 
  9.18  applicant shall provide a medical report signed by a licensed 
  9.19  physician, psychologist, or chiropractor and the applicant must 
  9.20  authorize the release of medical and health care evidence, 
  9.21  including all medical records and relevant information from any 
  9.22  source, to support the application for total and permanent 
  9.23  disability benefits.  The medical adviser shall verify the 
  9.24  medical evidence and, if necessary for disability determination, 
  9.25  suggest referral of the applicant to specialized medical 
  9.26  consultants.  The association shall also obtain from the 
  9.27  employer, certification of the member's past public service, 
  9.28  dates of paid sick leave and vacation beyond the last working 
  9.29  day and whether or not sick leave or annual leave has been 
  9.30  allowed.  If upon consideration of the medical evidence received 
  9.31  and the recommendations of the medical adviser, it is determined 
  9.32  that the applicant is totally and permanently disabled within 
  9.33  the meaning of the law, the association shall grant the person a 
  9.34  disability benefit.  The fact that An employee is placed on 
  9.35  leave of absence without compensation because of disability does 
  9.36  is not bar the person barred from receiving a disability benefit.
 10.1      Sec. 7.  Minnesota Statutes 2002, section 353.33, 
 10.2   subdivision 5, is amended to read: 
 10.3      Subd. 5.  [BENEFITS PAID UNDER WORKERS' COMPENSATION LAW.] 
 10.4   Disability benefits paid shall be coordinated with any amounts 
 10.5   received or receivable under workers' compensation law, such as 
 10.6   temporary total, permanent total, temporary partial, permanent 
 10.7   partial, or economic recovery compensation benefits, that 
 10.8   represent wage loss, received in either periodic or lump sum 
 10.9   payments from the employer under applicable workers' 
 10.10  compensation laws, after deduction of amount of attorney fees, 
 10.11  authorized under applicable workers' compensation laws, paid by 
 10.12  a disabilitant.  If the total of the single life annuity 
 10.13  actuarial equivalent disability benefit and the workers' 
 10.14  compensation benefit exceeds:  (1) the salary the disabled 
 10.15  member received as of the date of the disability or (2) the 
 10.16  salary currently payable for the same employment position or an 
 10.17  employment position substantially similar to the one the person 
 10.18  held as of the date of the disability, whichever is greater, the 
 10.19  disability benefit must be reduced to that amount which, when 
 10.20  added to the workers' compensation benefits, does not exceed the 
 10.21  greater of the salaries described in clauses (1) and (2). 
 10.22     Sec. 8.  Minnesota Statutes 2002, section 353.33, 
 10.23  subdivision 6, is amended to read: 
 10.24     Subd. 6.  [CONTINUING ELIGIBILITY FOR BENEFITS.] The 
 10.25  association shall determine eligibility for continuation of 
 10.26  disability benefits and require periodic examinations and 
 10.27  evaluations of disabled members as frequently as deemed 
 10.28  necessary.  The association shall require the disabled member to 
 10.29  provide a medical report signed by a licensed physician, 
 10.30  psychologist, or chiropractor and the disabled member shall 
 10.31  authorize the release of medical evidence, including all medical 
 10.32  and health care records and information from any source, 
 10.33  relating to an application for continuation of disability 
 10.34  benefits.  Disability benefits are contingent upon a disabled 
 10.35  person's participation in a vocational rehabilitation program 
 10.36  evaluation if the executive director determines that the 
 11.1   disabled person may be able to return to a gainful occupation.  
 11.2   If a member is found to be no longer totally and permanently 
 11.3   disabled, payments must cease the first of the month following 
 11.4   the expiration of a 30-day period after the member receives a 
 11.5   certified letter notifying the member that payments will cease. 
 11.6      Sec. 9.  Minnesota Statutes 2002, section 353.33, 
 11.7   subdivision 6b, is amended to read: 
 11.8      Subd. 6b.  [DUTIES OF THE MEDICAL ADVISER.] At the request 
 11.9   of the executive director, the medical adviser shall designate 
 11.10  licensed physicians, psychologists, or chiropractors to examine 
 11.11  applicants for disability benefits and review the medical 
 11.12  reports based upon these examinations to determine whether an 
 11.13  applicant is totally and permanently disabled as defined in 
 11.14  section 353.01, subdivision 19, disabled as defined in section 
 11.15  353.656, or eligible for continuation of disability benefits 
 11.16  under subdivision 6.  The medical examiner shall also review, at 
 11.17  the request of the executive director, all medical and health 
 11.18  care statements on behalf of an applicant for disability 
 11.19  benefits, and shall report in writing to the executive director 
 11.20  conclusions and recommendations on those matters referred for 
 11.21  advice. 
 11.22     Sec. 10.  Minnesota Statutes 2002, section 353.33, 
 11.23  subdivision 7, is amended to read: 
 11.24     Subd. 7.  [PARTIAL REEMPLOYMENT.] If, following a work or 
 11.25  non-work-related injury or illness, a disabled person resumes a 
 11.26  gainful occupation who remains totally and permanently disabled 
 11.27  as defined in section 353.01, subdivision 19, has income from 
 11.28  work that is not substantial gainful activity from which 
 11.29  earnings are less than the salary at the date of disability or 
 11.30  the salary currently paid for similar positions, the board shall 
 11.31  continue the disability benefit in an amount that, when added to 
 11.32  the earnings and workers' compensation benefit, does not exceed 
 11.33  the salary at the date of disability or the salary currently 
 11.34  paid for similar positions, whichever is higher, provided the 
 11.35  disability benefit does not exceed the disability benefit 
 11.36  originally allowed, plus any postretirement adjustments payable 
 12.1   after December 31, 1988, in accordance with section 11A.18, 
 12.2   subdivision 10.  No deductions for the retirement fund may be 
 12.3   taken from the salary of a disabled person who is receiving a 
 12.4   disability benefit as provided in this subdivision. 
 12.5      Sec. 11.  Minnesota Statutes 2002, section 353.37, is 
 12.6   amended by adding a subdivision to read: 
 12.7      Subd. 1b.  [RETIREMENT AGE.] For purposes of this section, 
 12.8   retirement age means retirement age as defined in United States 
 12.9   Code, title 42, section 416(l). 
 12.10     Sec. 12.  Minnesota Statutes 2002, section 353.37, 
 12.11  subdivision 3, is amended to read: 
 12.12     Subd. 3.  [REDUCTION OF ANNUITY.] The association shall 
 12.13  reduce the amount of the annuity as follows: 
 12.14     (a) for of a person who has not reached normal retirement 
 12.15  age, by one-half of the amount in excess of the applicable 
 12.16  reemployment income maximum under subdivision 1;. 
 12.17     (b) for a person who has reached normal retirement age, but 
 12.18  has not reached age 70, one-third of the amount in excess of the 
 12.19  applicable reemployment income maximum under subdivision 1; 
 12.20     (c) for a person who has reached age 70, or for salary 
 12.21  earned through service in an elected office, there is no 
 12.22  reduction upon reemployment, regardless of income. 
 12.23  There is no reduction upon reemployment, regardless of income, 
 12.24  for a person who has reached retirement age. 
 12.25     Sec. 13.  [353F.052] [APPLICATION OF SURVIVING SPOUSE, 
 12.26  DEPENDENT CHILD PROVISION.] 
 12.27     Subdivisions within section 353.32 of the edition of 
 12.28  Minnesota Statutes published in the year before the year in 
 12.29  which a privatization occurred, applicable to the surviving 
 12.30  spouse or dependent children of a former member as defined in 
 12.31  section 353.01, subdivision 7a, apply to survivors of a 
 12.32  terminated medical facility or other public employing unit 
 12.33  employee. 
 12.34     Sec. 14.  [REPEALER.] 
 12.35     Minnesota Statutes 2002, sections 353.01, subdivision 38; 
 12.36  and 353.33, subdivision 5b, are repealed. 
 13.1      Sec. 15.  [EFFECTIVE DATE.] 
 13.2      Sections 1 to 14 are effective July 1, 2003.