SF 1963

Introduction - 84th Legislature (2005 - 2006)

Posted on 12/15/2009 12:00 a.m.

A bill for an act
relating to retirement; Public Employees Retirement
Association; terminating retirement coverage for
privatized water and wastewater facility employees;
amending Minnesota Statutes 2004, section 471A.10.

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

Section 1.

Minnesota Statutes 2004, section 471A.10, is
amended to read:

471A.10 PUBLIC EMPLOYEE LAWS; SALE OR LEASE OF EXISTING
FACILITY.

(a) Unless expressly provided therein, and except as
provided in this section, no state law, charter provision, or
ordinance of a municipality relating to public employees shall
apply to a person solely by reason of that person's employment
by a private vendor in connection with services rendered under a
service contract.

(b) A private vendor purchasing or leasing existing related
facilities from a municipality or operating or maintaining the
facility shall recognize all exclusive bargaining
representatives and existing labor agreements and those
agreements shall remain in force until they expire by their
terms. Persons deleted text begin who are not deleted text end employed by a municipality in a
related facility deleted text begin at the time of deleted text end new text begin following new text end a lease or purchase of
the facility by deleted text begin the deleted text end new text begin a new text end private vendor are not "public employees"
deleted text begin within the meaning of the Public Employees Retirement Act, deleted text end new text begin under
new text end chapter 353 new text begin , except that the persons may be deemed "terminated
medical facility or other public employing unit employees" under
chapter 353F new text end . deleted text begin Persons employed by a municipality in a related
facility at the time of a lease or purchase of the facility by a
private vendor shall continue to be considered to be "public
employees" within the meaning of the Public Employees Retirement
Act, chapter 353, but may elect to terminate their participation
in the Public Employees Retirement Association as provided in
this section. Each such employee may exercise the election
annually on the anniversary of the person's initial employment
by the municipality. An employee electing to terminate
participation in the association is entitled to benefits that
the employee would be entitled to if terminating public
employment and may participate in a retirement program
established by the private vendor.
deleted text end