SF 2321

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; clarifying the current and past
coverage for a certain Minnesota correctional
facility-St. Cloud employee; amending Minnesota
Statutes 2004, section 352.91, subdivision 3d.

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

Section 1.

Minnesota Statutes 2004, section 352.91,
subdivision 3d, is amended to read:

Subd. 3d.

Other correctional personnel.

(a) "Covered
correctional service" means service by a state employee in one
of the employment positions at a correctional facility or at the
Minnesota Security Hospital specified in paragraph (b), provided
that at least 75 percent of the employee's working time is spent
in direct contact with inmates or patients and the fact of this
direct contact is certified to the executive director by the
appropriate commissioner, unless the person elects to retain the
current retirement coverage under Laws 1996, chapter 408,
article 8, section 21.

(b) The employment positions are as follows:
baker, new text begin central services administrative specialist-intermediate,
new text end chemical dependency counselor supervisor, chief cook, cook, cook
coordinator, corrections behavior therapist, corrections
behavior therapist specialist, corrections parent education
coordinator, corrections security caseworker, corrections
security caseworker career, corrections teaching assistant,
dentist, electrician supervisor, general repair worker,
library/information research services specialist,
library/information research services specialist senior, plumber
supervisor, psychologist 3, recreation therapist, recreation
therapist coordinator, recreation program assistant, recreation
therapist senior, deleted text begin stores clerk senior, deleted text end water treatment plant
operator, work therapy technician, work therapy assistant, work
therapy program coordinator.

(c) "Covered correctional service" also means service as
the director or as an assistant group supervisor of the
Phoenix/Pomiga treatment/behavior change program of the
Department of Corrections.

new text begin (d) "Covered correctional service" also means service
between April 25, 1990, through September 7, 1994, as a stores
clerk at the Minnesota Correctional Facility-St. Cloud.
new text end

Sec. 2. new text begin COVERAGE FOR PRIOR STATE SERVICE FOR CERTAIN
PERSONS.
new text end

new text begin Subdivision 1. new text end

new text begin Election of prior state service
coverage. new text end

new text begin (a) An employee who has retirement coverage for past
correctional service transferred to the correctional state
employees retirement plan under section 1, paragraph (d), is
entitled to elect to obtain prior service credit for eligible
state service performed as a stores clerk after April 24, 1990,
and before September 8, 1994, with the Department of
Corrections. All eligible prior service credit must be
purchased.
new text end

new text begin (b) The commissioner of corrections shall certify the
eligible state service as a stores clerk rendered by the
employee to the executive director of the Minnesota State
Retirement System.
new text end

new text begin (c) The covered correctional plan employee who has past
service covered under section 1, paragraph (d), is entitled to
purchase the past service if the department certifies that the
employee met the eligibility requirements for coverage. The
employee shall pay the difference between the employee
contributions actually paid during the period and what should
have been paid under the correctional state employees retirement
plan, as determined under subdivision 2. Payment for past
service must be completed by June 30, 2006.
new text end

new text begin Subd. 2. new text end

new text begin Payment for past service. new text end

new text begin (a) An employee
electing to obtain prior service credit under subdivision 1,
paragraph (c), must pay an additional employee contribution for
that prior service. The additional member contribution is the
contribution differential percentage rate applied to the actual
salary paid to the employee during the period of the prior
eligible state service, plus interest on the total amount at the
rate of 8.5 percent per annum, compounded annually from June 1,
1992, to the date on which the past service payment is made.
The contribution differential percentage is the difference
between 4.9 percent of salary and the applicable employee
contribution rate of the general state employees retirement plan
during the April 24, 1990, and September 8, 1994, period.
new text end

new text begin (b) The additional member contribution may be paid only in
a lump sum. Payment must accompany the election to obtain prior
service credit. No election to make the past service payment
may be made by the person or accepted by the executive director
after June 30, 2006.
new text end

new text begin Subd. 3. new text end

new text begin Transfer of assets. new text end

new text begin Assets must be transferred
from the general state employees retirement plan to the
correctional state employees retirement plan in an amount equal
to the present value of benefits accrued under the general
employees retirement plan for the employee transferring to the
correctional state employees retirement plan, as determined by
the actuary retained under Minnesota Statutes, section 356.214,
and calculated under the relevant provisions of Minnesota
Statutes, section 356.215. The transfer of assets must be made
within 45 days after the employee elects to transfer coverage to
the correctional state employees retirement plan.
new text end

new text begin Subd. 4. new text end

new text begin Effect of the asset transfer. new text end

new text begin Upon transfer of
assets in subdivision 3, the service credit associated with
those assets in the general state employees plan of the
Minnesota State Retirement System for the covered correctional
plan employee is forfeited and may not be reinstated. The
service credit and transferred assets must be credited to the
correctional state employees retirement plan.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective the day following final
enactment.
new text end