1.1                          A bill for an act 
  1.2             relating to retirement; public employees police and 
  1.3             fire plan; ratifying coverage for certain Rice county 
  1.4             correctional employees; amending Minnesota Statutes 
  1.5             1998, section 353.64, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 353.64, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [POLICE AND FIRE FUND MEMBERSHIP.] (a) A 
  1.10  person who prior to July 1, 1961, was a member of the police and 
  1.11  fire fund, by virtue of being a police officer or firefighter, 
  1.12  shall, as long as the person remains in either position, 
  1.13  continue membership in the fund.  
  1.14     (b) A person who was employed by a governmental subdivision 
  1.15  as a police officer and was a member of the police and fire fund 
  1.16  on July 1, 1978, by virtue of being a police officer as defined 
  1.17  by this section on that date, and if employed by the same 
  1.18  governmental subdivision in a position in the same department in 
  1.19  which the person was employed on that date, shall continue 
  1.20  membership in continues to be a member of the fund, whether or 
  1.21  not that person has the power of arrest by warrant and is 
  1.22  licensed by the peace officers standards and training board 
  1.23  after that date.  A person who was employed as a correctional 
  1.24  officer by Rice county before July 1, 1998, for the duration of 
  1.25  employment in the position held on July 1, 1998, continues to be 
  2.1   a member of the public employees police and fire plan, whether 
  2.2   or not the person has the power of arrest by warrant and is 
  2.3   licensed by the peace officers standards and training board 
  2.4   after that date. 
  2.5      (c) A person who was employed by a governmental subdivision 
  2.6   as a police officer or a firefighter, whichever applies, was an 
  2.7   active member of the local police or salaried firefighters 
  2.8   relief association located in that governmental subdivision by 
  2.9   virtue of that employment as of the effective date of the 
  2.10  consolidation as authorized by sections 353A.01 to 353A.10, and 
  2.11  has elected coverage by the public employees police and fire 
  2.12  fund benefit plan, shall become a member of the police and fire 
  2.13  fund after that date if employed by the same governmental 
  2.14  subdivision in a position in the same department in which the 
  2.15  person was employed on that date. 
  2.16     (d) Any other employee serving on a full-time basis as a 
  2.17  police officer as defined in subdivision 2 or as a firefighter 
  2.18  as defined in subdivision 3 on or after July 1, 1961, shall 
  2.19  become a member of the public employees police and fire fund.  
  2.20     (e) An employee serving on less than a full-time basis as a 
  2.21  police officer shall become a member of the public employees 
  2.22  police and fire fund only after a resolution stating that the 
  2.23  employee should be covered by the police and fire fund is 
  2.24  adopted by the governing body of the governmental subdivision 
  2.25  employing the person declaring that the position which the 
  2.26  person holds is that of a police officer. 
  2.27     (f) An employee serving on less than a full-time basis as a 
  2.28  firefighter shall become a member of the public employees police 
  2.29  and fire fund only after a resolution stating that the employee 
  2.30  should be covered by the police and fire fund is adopted by the 
  2.31  governing body of the governmental subdivision employing the 
  2.32  person declaring that the position which the person holds is 
  2.33  that of a firefighter. 
  2.34     (g) A police officer or firefighter employed by a 
  2.35  governmental subdivision who by virtue of that employment is 
  2.36  required by law to be a member of and to contribute to any 
  3.1   police or firefighter relief association governed by section 
  3.2   69.77 which has not consolidated with the public employees 
  3.3   police and fire fund and any police officer or firefighter of a 
  3.4   relief association that has consolidated with the association 
  3.5   for which the employee has not elected coverage by the public 
  3.6   employees police and fire fund benefit plan as provided in 
  3.7   sections 353A.01 to 353A.10 shall not become a member of the 
  3.8   public employees police and fire fund. 
  3.9      Sec. 2.  [EFFECTIVE DATE.] 
  3.10     Section 1 is effective on the day following final enactment.