SF 2139

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to retirement; correctional state employees
retirement plan of the Minnesota State Retirement
System; establishing a process within the Department
of Corrections for the evaluation and recommendation
of potential additional inclusions in plan coverage;
amending Minnesota Statutes 2004, section 352.91, by
adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 352.91, is
amended by adding a subdivision to read:

new text begin Subd. 4a. new text end

new text begin Process for evaluating and recommending
potential employment positions for membership inclusion. new text end

new text begin (a)
The Department of Corrections and the Department of Human
Services must establish a procedure for evaluating periodic
requests by department employees for qualification for
recommendation by the commissioner for inclusion of the
employment position in the correctional facility or human
services facility in the correctional retirement plan and for
periodically determining employment positions that no longer
qualify for continued correctional retirement plan coverage.
new text end

new text begin (b) The procedure must provide for an evaluation of the
extent of the employee's working time spent in direct contact
with patients or inmates, the extent of the physical hazard that
the employee is routinely subjected to in the course of
employment, and the extent of intervention routinely expected of
the employee in the event of a facility incident. The
percentage of routine direct contact with inmates or patients
may not be less than 75 percent.
new text end

new text begin (c) The applicable commissioner shall notify the employee
of the determination of the appropriateness of recommending the
employment position for inclusion in the correctional retirement
plan, if the evaluation procedure results in a finding that the
employee:
new text end

new text begin (1) routinely spends 75 percent of the employee's time in
direct contact with inmates or patients;
new text end

new text begin (2) is regularly engaged in the rehabilitation, treatment,
custody, or supervision of inmates or patients;
new text end

new text begin (3) has a significant physical hazard involved in
employment duties; and
new text end

new text begin (4) is routinely expected to intervene in the event of a
facility incident.
new text end

new text begin (d) After providing the affected employee an opportunity to
dispute or clarify any evaluation determinations, if the
commissioner determines that the employment position is
appropriate for inclusion in the correctional retirement plan,
the commissioner shall forward that recommendation and
supporting documentation to the chair of the Legislative
Commission on Pensions and Retirement, the chair of the State
and Local Governmental Operations Committee of the senate, the
chair of the Governmental Operations and Veterans Affairs Policy
Committee of the house of representatives, and the executive
director of the Legislative Commission on Pensions and
Retirement in the form of the appropriate proposed legislation.
The recommendation must be forwarded to the legislature before
January 15 for the recommendation to be considered in that
year's legislative session.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective July 1, 2005.
new text end