HF 2347

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to retirement; providing for inclusion of the 
  1.3             Lake Johanna Volunteer Fire Department in the 
  1.4             Minnesota Public Employees Retirement Association; 
  1.5             amending Minnesota Statutes 2003 Supplement, section 
  1.6             353.01, subdivision 6. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.9   353.01, subdivision 6, is amended to read: 
  1.10     Subd. 6.  [GOVERNMENTAL SUBDIVISION.] (a) "Governmental 
  1.11  subdivision" means a county, city, town, school district within 
  1.12  this state, or a department or unit of state government, or any 
  1.13  public body whose revenues are derived from taxation, fees, 
  1.14  assessments or from other sources. 
  1.15     (b) Governmental subdivision also means the Public 
  1.16  Employees Retirement Association, the League of Minnesota 
  1.17  Cities, the Association of Metropolitan Municipalities, public 
  1.18  hospitals owned or operated by, or an integral part of, a 
  1.19  governmental subdivision or governmental subdivisions, the 
  1.20  Association of Minnesota Counties, the Metropolitan Intercounty 
  1.21  Association, the Minnesota Municipal Utilities Association, the 
  1.22  Metropolitan Airports Commission, the Minneapolis Employees 
  1.23  Retirement Fund for employment initially commenced after June 
  1.24  30, 1979, the Range Association of Municipalities and Schools, 
  1.25  soil and water conservation districts, economic development 
  1.26  authorities created or operating under sections 469.090 to 
  2.1   469.108, the Port Authority of the city of St. Paul, the Spring 
  2.2   Lake Park Fire Department, incorporated, the Lake Johanna 
  2.3   Volunteer Fire Department, incorporated, the Red Wing 
  2.4   Environmental Learning Center, and the Dakota County 
  2.5   Agricultural Society. 
  2.6      (c) Governmental subdivision does not mean any municipal 
  2.7   housing and redevelopment authority organized under the 
  2.8   provisions of sections 469.001 to 469.047; or any port authority 
  2.9   organized under sections 469.048 to 469.089 other than the Port 
  2.10  Authority of the city of St. Paul; or any hospital district 
  2.11  organized or reorganized prior to July 1, 1975, under sections 
  2.12  447.31 to 447.37 or the successor of the district, nor the 
  2.13  Minneapolis Community Development Agency.  
  2.14     Sec. 2.  [PERA GENERAL AND PERA POLICE AND FIRE PLANS; 
  2.15  PRIOR SERVICE CREDIT PURCHASE.] 
  2.16     Subdivision 1.  [ELIGIBILITY.] (a) Except as restricted 
  2.17  under subdivision 4, an eligible person described in paragraph 
  2.18  (b) is entitled to purchase allowable service credit for the 
  2.19  period or periods specified in paragraph (d) in the Public 
  2.20  Employees Retirement Association general plan.  Except as 
  2.21  restricted under subdivision 4, an eligible person described in 
  2.22  paragraph (c) is entitled to purchase allowable service credit 
  2.23  for the period or periods specified in paragraph (d) in the 
  2.24  Public Employees Retirement Association police and fire plan. 
  2.25     (b) An eligible person is a person who: 
  2.26     (1) is a full-time salaried employee or permanent part-time 
  2.27  salaried employee of the Lake Johanna Volunteer Fire Department, 
  2.28  incorporated; 
  2.29     (2) became a member of the Public Employees Retirement 
  2.30  Association general plan due to that employment on or before 
  2.31  June 1, 2004; and 
  2.32     (3) was employed by the Lake Johanna Volunteer Fire 
  2.33  Department, incorporated, prior to June 1, 2004. 
  2.34     (c) An eligible person is a person who meets the 
  2.35  requirements specified in paragraph (b), clauses (1) and (3), 
  2.36  and who became a member of the Public Employees Retirement 
  3.1   Association police and fire plan due to applicable employment 
  3.2   with the Lake Johanna Volunteer Fire Department, incorporated, 
  3.3   prior to June 1, 2004. 
  3.4      (d) The period or periods eligible for service credit 
  3.5   purchase in the Public Employees Retirement Association general 
  3.6   plan or Public Employees Retirement Association police and fire 
  3.7   plan, as applicable, is any period or periods before June 1, 
  3.8   2004, during which an eligible individual described in paragraph 
  3.9   (b) or (c), as applicable, provided service to the Lake Johanna 
  3.10  Volunteer Fire Department, incorporated, which would have been 
  3.11  eligible service for coverage by the applicable Public Employees 
  3.12  Retirement Association plan if the service had been provided on 
  3.13  or after June 1, 2004, rather than before that date. 
  3.14     Subd. 2.  [PAYMENT REQUIREMENTS.] Minnesota Statutes, 
  3.15  section 356.55, applies to service credit purchases authorized 
  3.16  under this section. 
  3.17     Subd. 3.  [DOCUMENTATION; SERVICE CREDIT GRANT.] (a) An 
  3.18  eligible person described in subdivision 1, paragraph (b) or 
  3.19  (c), must provide documentation related to eligibility to make 
  3.20  this service credit purchase as required by the executive 
  3.21  director of the Public Employees Retirement Association. 
  3.22     (b) Allowable service credit for the purchase period or 
  3.23  periods must be granted in the applicable Public Employees 
  3.24  Retirement Association plan on behalf of the eligible person 
  3.25  upon receipt of the prior service credit purchase payment amount.
  3.26     Subd. 4.  [RESTRICTIONS.] (a) An eligible person, as 
  3.27  specified in subdivision 1, paragraph (c), is not authorized to 
  3.28  purchase service credit in the Public Employees Retirement 
  3.29  Association police and fire plan under this section if the 
  3.30  eligible person, or the eligible person and the Lake Johanna 
  3.31  Volunteer Fire Department, incorporated, made contributions on 
  3.32  that person's behalf to the Social Security Old Age Insurance 
  3.33  Program during all or part of the period prior to June 1, 2004, 
  3.34  and coverage under that program for the applicable period 
  3.35  remains in effect. 
  3.36     (b) If paragraph (a) applies to the eligible person, the 
  4.1   eligible person may purchase service credit under this section 
  4.2   in the Public Employees Retirement Association general plan. 
  4.3      (c) If contributions are made by an eligible person 
  4.4   specified in paragraph (a) or by the eligible person and the 
  4.5   Lake Johanna Volunteer Fire Department, incorporated, or a 
  4.6   successor organization, to the Social Security Old Age Insurance 
  4.7   Program after June 1, 2004, due to employment for which coverage 
  4.8   in the Public Employees Retirement Association police and fire 
  4.9   plan commenced on June 1, 2004, coverage by the Public Employees 
  4.10  Retirement Association police and fire plan terminates and 
  4.11  coverage by the Public Employees Retirement Association general 
  4.12  plan commences, if the employment otherwise meets requirements 
  4.13  in law for that coverage.  If Public Employees Retirement 
  4.14  Association police and fire plan contributions are received on 
  4.15  or after June 1, 2004, for periods where contributions were also 
  4.16  made to the Social Security Old Age Insurance Program as 
  4.17  specified in this paragraph, the contributions to the Public 
  4.18  Employees Retirement Association police and fire plan for the 
  4.19  applicable period or periods on or after June 1, 2004, must be 
  4.20  treated as contributions made in error under Minnesota Statutes, 
  4.21  section 353.27, subdivision 7a. 
  4.22     Sec. 3.  [EFFECTIVE DATE.] 
  4.23     Sections 1 and 2 are effective the day following final 
  4.24  enactment.