HF 2150

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/27/2012 01:20pm

A bill for an act
relating to insurance; making changes in the public employee insurance program
administered by Minnesota Management and Budget; establishing a temporary
moratorium to preclude employees from joining the public employee insurance
program if their employer is not in the program as of the date of enactment;
amending Minnesota Statutes 2010, section 43A.316, subdivision 5.

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

Section 1.

Minnesota Statutes 2010, section 43A.316, subdivision 5, is amended to
read:

Subd. 5.

Public employee participation.

(a) Participation in the program is subject
to the conditions in this subdivision.

(b) Each exclusive representative for an eligible employer determines whether the
employees it represents will participate in the program. The exclusive representative shall
give the employer notice of intent to participate at least 30 days before the expiration date
of the collective bargaining agreement preceding the collective bargaining agreement that
covers the date of entry into the program. The exclusive representative and the eligible
employer shall give notice to the commissioner of the determination to participate in the
program at least 30 days before entry into the program. Entry into the program is governed
by a schedule established by the commissioner. new text begin Employees of an eligible employer that is
not participating in the program as of the date of enactment shall not be allowed to enter
the program until January 1, 2015, except that a city that has received a formal written
bid from the program as of the date of enactment shall be allowed to enter the program
based on the bid if they so choose.
new text end

(c) Employees not represented by exclusive representatives may become members
of the program upon a determination of an eligible employer to include these employees
in the program. Either all or none of the employer's unrepresented employees must
participate. The eligible employer shall give at least 30 days' notice to the commissioner
before entering the program. Entry into the program is governed by a schedule established
by the commissioner. new text begin Employees of an eligible employer that is not participating in the
program as of the date of enactment shall not be allowed to enter the program until January
1, 2015, except that a city that has received a formal written bid from the program as of the
date of enactment shall be allowed to enter the program based on the bid if they so choose.
new text end

(d) Participation in the program is for a two-year term. Participation is automatically
renewed for an additional two-year term unless the exclusive representative, or the
employer for unrepresented employees, gives the commissioner notice of withdrawal
at least 30 days before expiration of the participation period. A group that withdraws
must wait two years before rejoining. An exclusive representative, or employer for
unrepresented employees, may also withdraw if premiums increase 50 percent or more
from one insurance year to the next.

(e) The exclusive representative shall give the employer notice of intent to withdraw
to the commissioner at least 30 days before the expiration date of a collective bargaining
agreement that includes the date on which the term of participation expires.

(f) Each participating eligible employer shall notify the commissioner of names of
individuals who will be participating within two weeks of the commissioner receiving
notice of the parties' intent to participate. The employer shall also submit other information
as required by the commissioner for administration of the program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end