HF 1772

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to retirement; providing an exception to the 
  1.3             restriction on contributions to supplemental pension 
  1.4             plans; amending Minnesota Statutes 2000, section 
  1.5             356.24, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 356.24, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [RESTRICTION; EXCEPTIONS.] It is unlawful 
  1.10  for a school district or other governmental subdivision or state 
  1.11  agency to levy taxes for, or contribute public funds to a 
  1.12  supplemental pension or deferred compensation plan that is 
  1.13  established, maintained, and operated in addition to a primary 
  1.14  pension program for the benefit of the governmental subdivision 
  1.15  employees other than: 
  1.16     (1) to a supplemental pension plan that was established, 
  1.17  maintained, and operated before May 6, 1971; 
  1.18     (2) to a plan that provides solely for group health, 
  1.19  hospital, disability, or death benefits; 
  1.20     (3) to the individual retirement account plan established 
  1.21  by chapter 354B; 
  1.22     (4) to a plan that provides solely for severance pay under 
  1.23  section 465.72 to a retiring or terminating employee; 
  1.24     (5) for employees other than personnel employed by the 
  1.25  state university board or the community college board and 
  2.1   covered by the board of trustees of the Minnesota state colleges 
  2.2   and universities supplemental retirement plan under chapter 
  2.3   354C, if provided for in a personnel policy of the public 
  2.4   employer or in the collective bargaining agreement between the 
  2.5   public employer and the exclusive representative of public 
  2.6   employees in an appropriate unit, in an amount matching employee 
  2.7   contributions on a dollar for dollar basis, but not to exceed an 
  2.8   employer contribution of $2,000 a year per employee; 
  2.9      (i) to the state of Minnesota deferred compensation plan 
  2.10  under section 352.96; or 
  2.11     (ii) in payment of the applicable portion of the 
  2.12  contribution made to any investment eligible under section 
  2.13  403(b) of the Internal Revenue Code, if the employing unit has 
  2.14  complied with any applicable pension plan provisions of the 
  2.15  Internal Revenue Code with respect to the tax-sheltered annuity 
  2.16  program during the preceding calendar year; or 
  2.17     (6) for personnel employed by the state university board or 
  2.18  the community college board and not covered by clause (5), to 
  2.19  the supplemental retirement plan under chapter 354C, if provided 
  2.20  for in a personnel policy or in the collective bargaining 
  2.21  agreement of the public employer with the exclusive 
  2.22  representative of the covered employees in an appropriate unit, 
  2.23  in an amount matching employee contributions on a dollar for 
  2.24  dollar basis, but not to exceed an employer contribution of 
  2.25  $2,700 a year for each employee; or 
  2.26     (7) for employees in any governmental subdivision where the 
  2.27  collective bargaining agreement provides for and sets forth a 
  2.28  contribution rate for participation in the laborer's national 
  2.29  industrial pension fund.