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HF 2374

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
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Current Version - as introduced

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A bill for an act
 relating to data practices; modifying provisions governing classification of
public pension plan data; amending Minnesota Statutes 2006, section 13.63,
subdivisions 1, 2, 3, by adding a subdivision; repealing Minnesota Statutes 2006,
sections 13.43, subdivision 2a; 13.632.

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

Section 1.

Minnesota Statutes 2006, section 13.63, subdivision 1, is amended to read:


Subdivision 1.

deleted text begin Minneapolis Employees Retirement Fund datadeleted text end new text begin Definitionsnew text end .

deleted text begin (a)deleted text end
deleted text begin Beneficiary and survivor data.deleted text end deleted text begin The following data on beneficiaries and survivors of
Minneapolis Employees Retirement Fund members are private data on individuals: home
address, date of birth, direct deposit account number, and tax withholding data.
deleted text end

deleted text begin (b) deleted text end deleted text begin Limits on disclosure.deleted text end deleted text begin Required disclosure of data about members, survivors,
and beneficiaries is limited to name, gross pension, and type of benefit awarded.deleted text end

new text begin For purposes of this section, the following terms have the meanings given them.
 new text end

new text begin (a) "Individual" means an active, retired, deferred, or nonvested inactive participant
in a retirement plan or a beneficiary of a participant, or an individual who has applied to
be a participant or is or may be a survivor of a participant.
 new text end

new text begin (b) "Medical adviser" means a licensed physician under a contract with a retirement
plan or a licensed physician at the Department of Health designated by the commissioner
of health to act as medical adviser.
 new text end

new text begin (c) "Retirement plan" means the plans listed in section 356.30, subdivision 3.
 new text end

Sec. 2.

Minnesota Statutes 2006, section 13.63, subdivision 2, is amended to read:


Subd. 2.

deleted text begin Teachers Retirement Associationdeleted text end new text begin Beneficiary or survivor new text end data.

deleted text begin The
followingdeleted text end Data on beneficiaries and survivors of deleted text begin Teachers Retirement Associationdeleted text end
new text begin retirement plan new text end members are deleted text begin considereddeleted text end private data on individualsdeleted text begin :
deleted text end

deleted text begin (1) address;
 deleted text end

deleted text begin (2) birth date;
 deleted text end

deleted text begin (3) direct deposit account number; and
 deleted text end

deleted text begin (4) tax withholding datadeleted text end new text begin , except for the name of the beneficiary or survivor; gross
benefit amount; and type of benefit awardednew text end .

Sec. 3.

Minnesota Statutes 2006, section 13.63, subdivision 3, is amended to read:


Subd. 3.

deleted text begin Public Employees Retirement Associationdeleted text end new text begin Pension plan appeal new text end data.

The following data on new text begin an new text end individual deleted text begin beneficiaries and survivors of Public Employment
Retirement Association members are classified as private: home address, date of birth,
direct deposit account number, and tax withholding datadeleted text end new text begin using the pension plan appeal
process is private data on individuals:
new text end

new text begin (1) medical data or records governed by section 13.384 or 144.335; or
 new text end

new text begin (2) substance abuse data classified by Code of Federal Regulations, title 42, part 2new text end .

Sec. 4.

Minnesota Statutes 2006, section 13.63, is amended by adding a subdivision to
read:


new text begin Subd. 4. new text end

new text begin Data sharing with medical adviser. new text end

new text begin Data governed by subdivision 3 may
be shared with a medical adviser for the purpose of determining eligibility for benefits.
 new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 13.43, subdivision 2a; and 13.632, new text end new text begin are repealed.
 new text end