Minnesota Legislature
HF 4085
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to retirement; clarifying certain correctional plan covered positions;
making technical changes; amending Minnesota Statutes 2006, section 352.91,
subdivisions 1, 2, 3c, 3g, 4a; Minnesota Statutes 2007 Supplement, section
352.91, subdivisions 3d, 3e, 3f.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 352.91, subdivision 1, is amended to read:
Subdivision 1.
Qualifying jobs.
"Covered correctional service" means service
performed by a state employee, as defined in section 352.01, employed at a deleted text begin statedeleted text end
new text begin Minnesota new text end correctional facility, the Minnesota Security Hospital, or the Minnesota sex
offender program as:
(1) a corrections officer 1;
(2) a corrections officer 2;
(3) a corrections officer 3;
(4) a corrections officer supervisor;
(5) a corrections lieutenant;
(6) a corrections captain;
(7) a security counselor;
(8) a security counselor lead; or
(9) a corrections canine officer.
Sec. 2.
Minnesota Statutes 2006, section 352.91, subdivision 2, is amended to read:
Subd. 2.
Maintenance, correctional industry, and trades.
new text begin (a) new text end "Covered
correctional service" also means service rendered at any time by state employees as
maintenance personnel, correctional industry personnel, or members of trades deleted text begin certified by
the commissioner of employee relations to the executive director as being engaged fordeleted text end
new text begin specified in paragraph (b), provided that new text end at least 75 percent of the employee's working
time deleted text begin in the rehabilitation, treatment, custody, or supervision ofdeleted text end new text begin is spent in direct contact
with new text end inmates at a Minnesota correctional facility, or of patients at the Minnesota Security
Hospital or the Minnesota sex offender programnew text begin and the fact of this direct contact is
certified to the executive director by the appropriate commissionernew text end .
new text begin
(b) The employment positions are:
new text end
new text begin
(1) automotive mechanic lead;
new text end
new text begin
(2) building maintenance lead worker;
new text end
new text begin
(3) building utility mechanic;
new text end
new text begin
(4) cabinet maker:
new text end
new text begin
(5) carpenter;
new text end
new text begin
(6) carpenter lead:
new text end
new text begin
(7) corrections chief cook;
new text end
new text begin
(8) corrections food services supervisor;
new text end
new text begin
(9) corrections manufacturing specialist-automated technology;
new text end
new text begin
(10) corrections manufacturing specialist-engineering and drafting;
new text end
new text begin
(11) corrections manufacturing specialist-graphics;
new text end
new text begin
(12) corrections manufacturing specialist-light assembly;
new text end
new text begin
(13) corrections manufacturing specialist-light manufacturing;
new text end
new text begin
(14) corrections manufacturing specialist-mechanical;
new text end
new text begin
(15) corrections manufacturing specialist-sales and service;
new text end
new text begin
(16) corrections manufacturing specialist-tool and die;
new text end
new text begin
(17) corrections manufacturing specialist-transportation and warehouse;
new text end
new text begin
(18) corrections manufacturing specialist-upholstery;
new text end
new text begin
(19) corrections manufacturing specialist-wood;
new text end
new text begin
(20) corrections industry production supervisor;
new text end
new text begin
(21) electrician technician senior;
new text end
new text begin
(22) electric/electronics specialist;
new text end
new text begin
(23) electrician;
new text end
new text begin
(24) electrician lead;
new text end
new text begin
(25) electrician master record;
new text end
new text begin
(26) groundskeeper senior;
new text end
new text begin
(27) institution maintenance lead worker;
new text end
new text begin
(28) laborer-trades and equipment;
new text end
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(29) machinery repair worker;
new text end
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(30) maintenance machinist;
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(31) mason;
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(32) painter;
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(33) plant maintenance engineer;
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(34) plumber;
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(35) plumber chief;
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(36) plumber-master in charge;
new text end
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(37) power plant assistant chief engineer;
new text end
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(38) refrigerator mechanic; and
new text end
new text begin
(39) stationary engineer.
new text end
Sec. 3.
Minnesota Statutes 2006, section 352.91, subdivision 3c, is amended to read:
Subd. 3c.
Nursing personnel.
(a) "Covered correctional service" means service by
a state employee in one of the employment positions at a correctional facility or at the
Minnesota Security Hospital, or in the Minnesota sex offender program that are specified
in paragraph (b) deleted text begin ifdeleted text end new text begin provided that new text end at least 75 percent of the employee's working time is
spent in direct contact with inmates or patients and the fact of this direct contact is certified
to the executive director by the appropriate commissioner.
(b) The employment positions are as follows:
(1) registered nurse - senior;
(2) registered nurse;
(3) registered nurse - principal;
(4) licensed practical nurse 2; and
(5) registered nurse advance practice.
Sec. 4.
Minnesota Statutes 2007 Supplement, section 352.91, subdivision 3d, is
amended to read:
Subd. 3d.
Other correctional personnel.
(a) "Covered correctional service" means
service by a state employee in one of the employment positions at a correctional facility
or at the Minnesota Security Hospital specified in paragraph (b) deleted text begin ifdeleted text end new text begin provided that new text end at least
75 percent of the employee's working time is spent in direct contact with inmates or
patients and the fact of this direct contact is certified to the executive director by the
appropriate commissioner.
(b) The employment positions are as follows:
new text begin (1)new text end baker;
new text begin (2)new text end central services administrative specialist, intermediate;
new text begin (3)new text end central services administrative specialist, principal;
new text begin (4)new text end chaplain;
new text begin (5)new text end chief cook;
new text begin (6)new text end cook;
new text begin (7)new text end cook coordinator;
new text begin
(8) corrections discipline unit supervisor;
new text end
new text begin (9)new text end corrections program therapist 1;
new text begin (10)new text end corrections program therapist 2;
new text begin (11)new text end corrections program therapist 3;
new text begin (12)new text end corrections program therapist 4;
new text begin (13)new text end corrections inmate program coordinator;
new text begin (14)new text end corrections transitions program coordinator;
new text begin (15)new text end corrections security caseworker;
new text begin (16)new text end corrections security caseworker career;
new text begin (17)new text end corrections teaching assistant;
new text begin (18)new text end delivery van driver;
new text begin
(19) dental assistant registered;
new text end
new text begin
(20) dental hygienist;
new text end
new text begin (21)new text end dentist;
new text begin (22)new text end electrician supervisor;
new text begin (23)new text end general repair worker;
new text begin (24)new text end library/information deleted text begin researchdeleted text end new text begin resources new text end services specialist;
new text begin (25)new text end library/information deleted text begin researchdeleted text end new text begin resource new text end services specialist senior;
new text begin (26)new text end library technician;
new text begin (27)new text end plant maintenance engineer lead;
new text begin (28)new text end plumber supervisor;
new text begin (29)new text end psychologist 1;
new text begin
(30) psychologist 2;
new text end
new text begin (31)new text end psychologist 3;
new text begin (32)new text end recreation therapist;
new text begin (33)new text end recreation therapist coordinator;
new text begin (34)new text end recreation program assistant;
new text begin (35)new text end recreation therapist senior;
new text begin (36)new text end sports medicine specialist;
new text begin (37)new text end work therapy assistant;
new text begin (38)new text end work therapy program coordinator; and
new text begin (39)new text end work therapy technician.
Sec. 5.
Minnesota Statutes 2007 Supplement, section 352.91, subdivision 3e, is
amended to read:
Subd. 3e.
Minnesota extended treatment options program.
(a) "Covered
correctional service" means service by a state employee in one of the employment
positions with the Minnesota extended treatment options program specified in paragraph
(b) deleted text begin ifdeleted text end new text begin provided that new text end at least 75 percent of the employee's working time is spent in direct
contact with patients who are in the Minnesota extended treatment options program and
if service in such a position is certified to the executive director by the commissioner
of human services.
(b) The employment positions are:
(1) behavior analyst 1;
(2) behavior analyst 2;
(3) behavior analyst 3;
(4) group supervisor;
(5) group supervisor assistant;
(6) human services support specialist;
(7) residential program lead;
(8) psychologist 2;
(9) recreation program assistant;
(10) recreation therapist senior;
(11) registered nurse senior;
(12) skills development specialist;
(13) social worker senior;
(14) social worker specialist; and
(15) speech pathology specialist.
Sec. 6.
Minnesota Statutes 2007 Supplement, section 352.91, subdivision 3f, is
amended to read:
Subd. 3f.
Additional Department of Human Services personnel.
(a) "Covered
correctional service" means service by a state employee in one of the employment
positions specified in paragraph (b) at the Minnesota Security Hospital or in the Minnesota
sex offender program deleted text begin ifdeleted text end new text begin provided that new text end at least 75 percent of the employee's working time is
spent in direct contact with patients and the determination of this direct contact is certified
to the executive director by the commissioner of human services.
(b) The employment positions are:
(1) behavior analyst 2;
(2) behavior analyst 3;
(3) certified occupational therapy assistant 1;
(4) certified occupational therapy assistant 2;
(5) chemical dependency counselor senior;
(6) client advocate;
(7) customer services specialist principal;
(8) dental assistant registered;
(9) group supervisor;
(10) group supervisor assistant;
(11) human services support specialist;
(12) licensed alcohol and drug counselor;
(13) licensed practical nurse 1;
(14) management analyst 3;
(15) occupational therapist;
(16) occupational therapist, senior;
(17) psychologist 1;
(18) psychologist 2;
(19) psychologist 3;
(20) recreation program assistant;
(21) recreation therapist lead;
(22) recreation therapist senior;
(23) rehabilitation counselor senior;
(24) security supervisor;
(25) skills development specialist;
(26) social worker senior;
(27) social worker specialist;
(28) social worker specialist, senior;
(29) special education program assistant;
(30) speech pathology clinician;
(31) work therapy assistant; and
(32) work therapy program coordinator.
Sec. 7.
Minnesota Statutes 2006, section 352.91, subdivision 3g, is amended to read:
Subd. 3g.
Additional Corrections Department personnel.
(a) "Covered
correctional service" means service by a state employee in one of the employment
positions specified in paragraph (b) deleted text begin ifdeleted text end new text begin provided that new text end at least 75 percent of the employee's
working time is spent in direct contact with inmates and the determination of this direct
contact is certified to the executive director by the commissioner of corrections.
(b) The qualifying employment deleted text begin positions are:deleted text end new text begin position is the
new text end
deleted text begin
(1) corrections discipline unit supervisor;
deleted text end
deleted text begin
(2) dental assistant registered;
deleted text end
deleted text begin
(3) dental hygienist;
deleted text end
deleted text begin
(4) psychologist 2; and
deleted text end
deleted text begin (5)deleted text end sentencing to service crew leader involved with the deleted text begin inmatedeleted text end new text begin institution new text end community
work crew program.
Sec. 8.
Minnesota Statutes 2006, section 352.91, subdivision 4a, is amended to read:
Subd. 4a.
Process for evaluating and recommending potential employment
positions for membership inclusion.
(a) The Department of Corrections and the
Department of Human Services must establish a procedure for evaluating periodic requests
by department employees for qualification for recommendation by the commissioner for
inclusion of the employment position in the correctional facility or human services facility
in the correctional retirement plan and for periodically determining employment positions
that no longer qualify for continued correctional retirement plan coverage.
(b) The procedure must provide for an evaluation of the extent of the employee's
working time spent in direct contact with patients or inmates, the extent of the physical
hazard that the employee is routinely subjected to in the course of employment, and
the extent of intervention routinely expected of the employee in the event of a facility
incident. The percentage of routine direct contact with inmates or patients deleted text begin maydeleted text end new text begin shall new text end not
be less than 75 percent.
(c) The applicable commissioner shall notify the employee of the determination
of the appropriateness of recommending the employment position for inclusion in the
correctional retirement plan, if the evaluation procedure results in a finding that the
employee:
(1) routinely spends 75 percent of the employee's time in direct contact with inmates
or patients; and
(2) is regularly engaged in the rehabilitation, treatment, custody, or supervision of
inmates or patients.
(d) After providing the affected employee an opportunity to dispute or clarify
any evaluation determinations, if the commissioner determines that the employment
position is appropriate for inclusion in the correctional retirement plan, the commissioner
shall forward that recommendation and supporting documentation to the chair of the
Legislative Commission on Pensions and Retirement, the chair of the State and Local
Governmental Operations Committee of the senate, the chair of the Governmental
Operations and Veterans Affairs Policy Committee of the house of representatives, and
the executive director of the Legislative Commission on Pensions and Retirement in the
form of the appropriate proposed legislation. The recommendation must be forwarded
to the legislature before January 15 for the recommendation to be considered in that
year's legislative session.