HF 1909

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; state patrol retirement plan; 
  1.3             extending plan coverage to law enforcement officers 
  1.4             employed by the office of special investigations of 
  1.5             the department of corrections; authorizing the 
  1.6             transfer of prior service credit; amending Minnesota 
  1.7             Statutes 2000, sections 352.01, subdivision 2b; and 
  1.8             352B.01, subdivision 2. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 352.01, 
  1.11  subdivision 2b, is amended to read: 
  1.12     Subd. 2b.  [EXCLUDED EMPLOYEES.] "State employee" does not 
  1.13  include: 
  1.14     (1) elective state officers; 
  1.15     (2) students employed by the University of Minnesota, the 
  1.16  state universities, and community colleges unless approved for 
  1.17  coverage by the board of regents or the board of trustees of the 
  1.18  Minnesota state colleges and universities, as the case may be; 
  1.19     (3) employees who are eligible for membership in the state 
  1.20  teachers retirement association except employees of the 
  1.21  department of children, families, and learning who have chosen 
  1.22  or may choose to be covered by the Minnesota state retirement 
  1.23  system instead of the teachers retirement association; 
  1.24     (4) employees of the University of Minnesota who are 
  1.25  excluded from coverage by action of the board of regents; 
  1.26     (5) officers and enlisted personnel in the national guard 
  1.27  and the naval militia who are assigned to permanent peacetime 
  2.1   duty and who under federal law are or are required to be members 
  2.2   of a federal retirement system; 
  2.3      (6) election officers; 
  2.4      (7) persons engaged in public work for the state but 
  2.5   employed by contractors when the performance of the contract is 
  2.6   authorized by the legislature or other competent authority; 
  2.7      (8) officers and employees of the senate and house of 
  2.8   representatives or a legislative committee or commission who are 
  2.9   temporarily employed; 
  2.10     (9) receivers, jurors, notaries public, and court employees 
  2.11  who are not in the judicial branch as defined in section 43A.02, 
  2.12  subdivision 25, except referees and adjusters employed by the 
  2.13  department of labor and industry; 
  2.14     (10) patient and inmate help in state charitable, penal, 
  2.15  and correctional institutions including the Minnesota veterans 
  2.16  home; 
  2.17     (11) persons employed for professional services where the 
  2.18  service is incidental to regular professional duties and whose 
  2.19  compensation is paid on a per diem basis; 
  2.20     (12) employees of the Sibley House Association; 
  2.21     (13) the members of any state board or commission who serve 
  2.22  the state intermittently and are paid on a per diem basis; the 
  2.23  secretary, secretary-treasurer, and treasurer of those boards if 
  2.24  their compensation is $5,000 or less per year, or, if they are 
  2.25  legally prohibited from serving more than three years; and the 
  2.26  board of managers of the state agricultural society and its 
  2.27  treasurer unless the treasurer is also its full-time secretary; 
  2.28     (14) state troopers; 
  2.29     (15) temporary employees of the Minnesota state fair 
  2.30  employed on or after July 1 for a period not to extend beyond 
  2.31  October 15 of that year; and persons employed at any time by the 
  2.32  state fair administration for special events held on the 
  2.33  fairgrounds; 
  2.34     (16) emergency employees in the classified service; except 
  2.35  that if an emergency employee, within the same pay period, 
  2.36  becomes a provisional or probationary employee on other than a 
  3.1   temporary basis, the employee shall be considered a "state 
  3.2   employee" retroactively to the beginning of the pay period; 
  3.3      (17) persons described in section 352B.01, subdivision 2, 
  3.4   clauses (2) to (5) (6); 
  3.5      (18) temporary employees in the classified service, and 
  3.6   temporary employees in the unclassified service appointed for a 
  3.7   definite period of not more than six months and employed less 
  3.8   than six months in any one-year period; 
  3.9      (19) trainee employees, except those listed in subdivision 
  3.10  2a, clause (10); 
  3.11     (20) persons whose compensation is paid on a fee basis; 
  3.12     (21) state employees who in any year have credit for 12 
  3.13  months service as teachers in the public schools of the state 
  3.14  and as teachers are members of the teachers retirement 
  3.15  association or a retirement system in St. Paul, Minneapolis, or 
  3.16  Duluth; 
  3.17     (22) employees of the adjutant general employed on an 
  3.18  unlimited intermittent or temporary basis in the classified and 
  3.19  unclassified service for the support of army and air national 
  3.20  guard training facilities; 
  3.21     (23) chaplains and nuns who are excluded from coverage 
  3.22  under the federal Old Age, Survivors, Disability, and Health 
  3.23  Insurance Program for the performance of service as specified in 
  3.24  United States Code, title 42, section 410(a)(8)(A), as amended, 
  3.25  if no irrevocable election of coverage has been made under 
  3.26  section 3121(r) of the Internal Revenue Code of 1986, as amended 
  3.27  through December 31, 1992; 
  3.28     (24) examination monitors employed by departments, 
  3.29  agencies, commissions, and boards to conduct examinations 
  3.30  required by law; 
  3.31     (25) persons appointed to serve as members of fact-finding 
  3.32  commissions or adjustment panels, arbitrators, or labor referees 
  3.33  under chapter 179; 
  3.34     (26) temporary employees employed for limited periods under 
  3.35  any state or federal program for training or rehabilitation 
  3.36  including persons employed for limited periods from areas of 
  4.1   economic distress except skilled and supervisory personnel and 
  4.2   persons having civil service status covered by the system; 
  4.3      (27) full-time students employed by the Minnesota 
  4.4   historical society intermittently during part of the year and 
  4.5   full-time during the summer months; 
  4.6      (28) temporary employees, appointed for not more than six 
  4.7   months, of the metropolitan council and of any of its statutory 
  4.8   boards, if the board members are appointed by the metropolitan 
  4.9   council; 
  4.10     (29) persons employed in positions designated by the 
  4.11  department of employee relations as student workers; 
  4.12     (30) members of trades employed by the successor to the 
  4.13  metropolitan waste control commission with trade union pension 
  4.14  plan coverage under a collective bargaining agreement first 
  4.15  employed after June 1, 1977; 
  4.16     (31) persons employed in subsidized on-the-job training, 
  4.17  work experience, or public service employment as enrollees under 
  4.18  the federal Comprehensive Employment and Training Act after 
  4.19  March 30, 1978, unless the person has as of the later of March 
  4.20  30, 1978, or the date of employment sufficient service credit in 
  4.21  the retirement system to meet the minimum vesting requirements 
  4.22  for a deferred annuity, or the employer agrees in writing on 
  4.23  forms prescribed by the director to make the required employer 
  4.24  contributions, including any employer additional contributions, 
  4.25  on account of that person from revenue sources other than funds 
  4.26  provided under the federal Comprehensive Employment and Training 
  4.27  Act, or the person agrees in writing on forms prescribed by the 
  4.28  director to make the required employer contribution in addition 
  4.29  to the required employee contribution; 
  4.30     (32) off-duty peace officers while employed by the 
  4.31  metropolitan council; 
  4.32     (33) persons who are employed as full-time police officers 
  4.33  by the metropolitan council and as police officers are members 
  4.34  of the public employees police and fire fund; 
  4.35     (34) persons who are employed as full-time firefighters by 
  4.36  the department of military affairs and as firefighters are 
  5.1   members of the public employees police and fire fund; 
  5.2      (35) foreign citizens with a work permit of less than three 
  5.3   years, or an H-1b/JV visa valid for less than three years of 
  5.4   employment, unless notice of extension is supplied which allows 
  5.5   them to work for three or more years as of the date the 
  5.6   extension is granted, in which case they are eligible for 
  5.7   coverage from the date extended; and 
  5.8      (36) persons who are employed by the board of trustees of 
  5.9   the Minnesota state colleges and universities and who elect to 
  5.10  remain members of the public employees retirement association or 
  5.11  the Minneapolis employees retirement fund, whichever applies, 
  5.12  under section 136C.75. 
  5.13     Sec. 2.  Minnesota Statutes 2000, section 352B.01, 
  5.14  subdivision 2, is amended to read: 
  5.15     Subd. 2.  [MEMBER.] "Member" means: 
  5.16     (a) persons referred to and (1) a state patrol member 
  5.17  currently employed after June 30, 1943, under Laws 1929, chapter 
  5.18  355, as amended or supplemented, currently employed section 
  5.19  299D.03 by the state, who is a peace officer under section 
  5.20  626.84, and whose salaries salary or compensation is paid out of 
  5.21  state funds; 
  5.22     (b) (2) a conservation officer employed under section 
  5.23  97A.201, currently employed by the state, whose salary or 
  5.24  compensation is paid out of state funds; 
  5.25     (c) (3) a crime bureau officer who was employed by the 
  5.26  crime bureau and was a member of the highway patrolmen's 
  5.27  retirement fund on July 1, 1978, whether or not that person has 
  5.28  the power of arrest by warrant after that date, or who is 
  5.29  employed as police personnel, with powers of arrest by warrant 
  5.30  under section 299C.04, and who is currently employed by the 
  5.31  state, and whose salary or compensation is paid out of state 
  5.32  funds; 
  5.33     (d) (4) a person who is employed by the state in the 
  5.34  department of public safety in a data processing management 
  5.35  position with salary or compensation paid from state funds, who 
  5.36  was a crime bureau officer covered by the state patrol 
  6.1   retirement plan on August 15, 1987, and who was initially hired 
  6.2   in the data processing management position within the department 
  6.3   during September 1987, or January 1988, with membership 
  6.4   continuing for the duration of the person's employment in that 
  6.5   position, whether or not the person has the power of arrest by 
  6.6   warrant after August 15, 1987; and 
  6.7      (e) (5) a public safety employees employee defined as a 
  6.8   peace officers officer in section 626.84, subdivision 1, 
  6.9   paragraph (c), and employed with the division of alcohol and 
  6.10  gambling enforcement under section 299L.01; and 
  6.11     (6) a fugitive apprehension unit officer after October 31, 
  6.12  2000, employed by the office of special investigations of the 
  6.13  department of corrections who is a peace officer under section 
  6.14  626.84.  
  6.15     Sec. 3.  [DISPOSITION OF CERTAIN CONTRIBUTIONS.] 
  6.16     (a) The employee contributions for the period November 1, 
  6.17  2000, to the effective date of this section for a person 
  6.18  described in Minnesota Statutes, section 352B.01, subdivision 2, 
  6.19  clause (6), must be transferred, with 8.5 percent per annum 
  6.20  interest for the period from the date of the contribution to the 
  6.21  date of transfer, from the general state employees retirement 
  6.22  plan of the Minnesota state retirement system to the state 
  6.23  patrol retirement fund. 
  6.24     (b) The employer contributions associated with the employee 
  6.25  contributions governed by paragraph (a) also must be transferred 
  6.26  for the period from the date of the contribution to the date of 
  6.27  transfer, with 8.5 percent per annum interest, from the general 
  6.28  state employees retirement plan of the Minnesota state 
  6.29  retirement system to the state patrol retirement fund. 
  6.30     (c) A person described in Minnesota Statutes, section 
  6.31  352B.01, subdivision 2, clause (6), must pay, by additional 
  6.32  payroll deduction, to the state patrol retirement fund an amount 
  6.33  equal to the difference between the transferred employee 
  6.34  contributions and interest and the full member contribution 
  6.35  under Minnesota Statutes, section 352B.02, subdivision 1a, plus 
  6.36  8.5 percent per annum interest on the balance from March 1, 
  7.1   2001, to the date the additional payment is complete.  The 
  7.2   additional payment must be completed by December 31, 2001, or by 
  7.3   the date of retirement, whichever is earlier. 
  7.4      (d) The department of corrections, for each person 
  7.5   described in Minnesota Statutes, section 352B.01, subdivision 2, 
  7.6   clause (6), must pay, in a lump sum on July 1, 2001, to the 
  7.7   state patrol retirement fund an amount equal to the difference 
  7.8   between the transferred employer contributions and interest and 
  7.9   the full employer contribution under Minnesota Statutes, section 
  7.10  352B.02, subdivision 1c, plus 8.5 percent per annum interest on 
  7.11  the amount from March 1, 2001, to July 1, 2001. 
  7.12     Sec. 4.  [EFFECTIVE DATE.] 
  7.13     Sections 1 and 2 are effective retroactively to November 1, 
  7.14  2000.  Section 3 is effective on the day following final 
  7.15  enactment.