1.1A bill for an act
1.2relating to retirement; Minneapolis Employees Retirement Fund; transfer of
1.3administrative functions to the Public Employees Retirement Association;
1.4creation of MERF consolidation account within the Public Employees Retirement
1.5Association; appropriating money;amending Minnesota Statutes 2008, sections
1.611A.23, subdivision 4; 13D.01, subdivision 1; 43A.17, subdivision 9; 43A.316,
1.7subdivision 8; 69.021, subdivision 10; 126C.41, subdivision 3; 256D.21;
1.8353.01, subdivision 2b, by adding subdivisions; 353.03, subdivision 1; 353.05;
1.9353.27, as amended; 353.34, subdivisions 1, 6; 353.37, subdivisions 1, 2, 3,
1.104, 5; 353.46, subdivisions 2, 6; 353.64, subdivision 7; 353.71, subdivision 4;
1.11353.86, subdivisions 1, 2; 353.87, subdivisions 1, 2; 353.88; 354.71; 354A.011,
1.12subdivision 27; 354A.39; 355.095, subdivision 1; 356.214, subdivision 1;
1.13356.215, subdivision 8; 356.30, subdivision 3; 356.302, subdivisions 1, 7;
1.14356.303, subdivision 4; 356.407, subdivision 2; 356.431, subdivision 1; 356.465,
1.15subdivision 3; 356.64; 356.65, subdivision 2; 356.91; 422A.101, subdivision 3;
1.16422A.26; 473.511, subdivision 3; 473.606, subdivision 5; 475.52, subdivision
1.176; Minnesota Statutes 2009 Supplement, sections 6.67; 69.011, subdivision
1.181; 69.031, subdivision 5; 352.01, subdivision 2b; 353.01, subdivision 2a;
1.19353.06; 356.20, subdivision 2; 356.215, subdivision 11; 356.32, subdivision 2;
1.20356.401, subdivision 3; 356.415, subdivision 2; 356.96, subdivision 1; 480.181,
1.21subdivision 2; proposing coding for new law in Minnesota Statutes, chapter
1.22353; repealing Minnesota Statutes 2008, sections 13.63, subdivision 1; 69.011,
1.23subdivision 2a; 356.43; 422A.01, subdivisions 1, 2, 3, 4, 4a, 5, 6, 7, 8, 9, 10, 11,
1.2412, 13a, 17, 18; 422A.02; 422A.03; 422A.04; 422A.05, subdivisions 1, 2a, 2b,
1.252c, 2d, 2e, 2f, 5, 6, 8; 422A.06, subdivisions 1, 2, 3, 5, 6, 7; 422A.08, subdivision
1.261; 422A.09; 422A.10; 422A.101, subdivisions 1, 1a, 2, 2a; 422A.11; 422A.12;
1.27422A.13; 422A.14, subdivision 1; 422A.15; 422A.151; 422A.155; 422A.156;
1.28422A.16, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10; 422A.17; 422A.18, subdivisions
1.291, 2, 3, 4, 5, 7; 422A.19; 422A.20; 422A.21; 422A.22, subdivisions 1, 3, 4,
1.306; 422A.23, subdivisions 1, 2, 5, 6, 7, 8, 9, 10, 11, 12; 422A.231; 422A.24;
1.31422A.25; Minnesota Statutes 2009 Supplement, sections 422A.06, subdivision 8;
1.32422A.08, subdivision 5.
1.33BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.1
ARTICLE 1
2.2
MERF CONSOLIDATION ACCOUNT IN PERA
2.3 Section 1. Minnesota Statutes 2009 Supplement, section 353.01, subdivision 2a,
2.4is amended to read:
2.5 Subd. 2a.
Included employees. (a) Public employees whose salary from
2.6employment in one or more positions within one governmental subdivision exceeds $425
2.7in any month shall participate as members of the association. If the salary is less than
2.8$425 in a subsequent month, the employee retains membership eligibility. Eligible public
2.9employees shall participate as members of the association with retirement coverage by
2.10the public
new text begin generalnew text end employees retirement plan or
new text begin under this chapter,new text end the public employees
2.11police and fire retirement plan under this chapter, or the local government correctional
2.12employees retirement plan under chapter 353E, whichever applies, as a condition of their
2.13employment on the first day of employment unless they:
2.14 (1) are specifically excluded under subdivision 2b;
2.15 (2) do not exercise their option to elect retirement coverage in the association as
2.16provided in subdivision 2d, paragraph (a); or
2.17 (3) are employees of the governmental subdivisions listed in subdivision 2d,
2.18paragraph (b), where the governmental subdivision has not elected to participate as a
2.19governmental subdivision covered by the association.
2.20 (b) A public employee who was a member of the association on June 30, 2002,
2.21based on employment that qualified for membership coverage by the public employees
2.22retirement plan or the public employees police and fire plan under this chapter, or the
2.23local government correctional employees retirement plan under chapter 353E as of June
2.2430, 2002, retains that membership for the duration of the person's employment in that
2.25position or incumbency in elected office. Except as provided in subdivision 28, the person
2.26shall participate as a member until the employee or elected official terminates public
2.27employment under subdivision 11a or terminates membership under subdivision 11b.
2.28 (c) Public employees under paragraph (a) include:
2.29(1) physicians under section
353D.01, subdivision 2, who do not elect public
2.30employees defined contribution plan coverage under section
353D.02, subdivision 2;
2.31(2) full-time employees of the Dakota County Agricultural Society; and
2.32(3) employees of the Minneapolis Firefighters Relief Association or Minneapolis
2.33Police Relief Association who are not excluded employees under subdivision 2b due to
2.34coverage by the relief association pension plan and who elect Public Employee Retirement
2.35Association general plan coverage under Laws 2009, chapter 169, article 12, section 10
new text begin .new text end
3.1
new text begin (d) For the purpose of participation in the MERF division of the general employees new text end
3.2
new text begin retirement plan, public employees include employees who were members of the former new text end
3.3
new text begin Minneapolis Employees Retirement Fund on June 29, 2010, and who participate as new text end
3.4
new text begin members of the MERF division of the associationnew text end .
3.5 Sec. 2. Minnesota Statutes 2008, section 353.01, subdivision 2b, is amended to read:
3.6 Subd. 2b.
Excluded employees. The following public employees are not eligible to
3.7participate as members of the association with retirement coverage by the public
new text begin general new text end
3.8employees retirement plan, the local government correctional employees retirement plan
3.9under chapter 353E, or the public employees police and fire retirement plan:
3.10 (1) public officers, other than county sheriffs, who are elected to a governing body,
3.11or persons who are appointed to fill a vacancy in an elective office of a governing body,
3.12whose term of office commences on or after July 1, 2002, for the service to be rendered
3.13in that elective position;
3.14 (2) election officers or election judges;
3.15 (3) patient and inmate personnel who perform services for a governmental
3.16subdivision;
3.17 (4) except as otherwise specified in subdivision 12a, employees who are hired for
3.18a temporary position as defined under subdivision 12a, and employees who resign from
3.19a nontemporary position and accept a temporary position within 30 days in the same
3.20governmental subdivision;
3.21 (5) employees who are employed by reason of work emergency caused by fire,
3.22flood, storm, or similar disaster;
3.23 (6) employees who by virtue of their employment in one governmental subdivision
3.24are required by law to be a member of and to contribute to any of the plans or funds
3.25administered by the Minnesota State Retirement System, the Teachers Retirement
3.26Association, the Duluth Teachers Retirement Fund Association, the St. Paul Teachers
3.27Retirement Fund Association, the Minneapolis Employees Retirement Fund, or any police
3.28or firefighters relief association governed by section
69.77 that has not consolidated
3.29with the Public Employees Retirement Association, or any local police or firefighters
3.30consolidation account who have not elected the type of benefit coverage provided by the
3.31public employees police and fire fund under sections
353A.01 to
353A.10, or any persons
3.32covered by section
353.665, subdivision 4, 5, or 6, who have not elected public employees
3.33police and fire plan benefit coverage. This clause must not be construed to prevent a person
3.34from being a member of and contributing to the Public Employees Retirement Association
3.35and also belonging to and contributing to another public pension plan or fund for other
4.1service occurring during the same period of time. A person who meets the definition of
4.2"public employee" in subdivision 2 by virtue of other service occurring during the same
4.3period of time becomes a member of the association unless contributions are made to
4.4another public retirement fund on the salary based on the other service or to the Teachers
4.5Retirement Association by a teacher as defined in section
354.05, subdivision 2;
4.6 (7) persons who are members of a religious order and are excluded from coverage
4.7under the federal Old Age, Survivors, Disability, and Health Insurance Program for the
4.8performance of service as specified in United States Code, title 42, section 410(a)(8)(A),
4.9as amended through January 1, 1987, if no irrevocable election of coverage has been made
4.10under section 3121(r) of the Internal Revenue Code of 1954, as amended;
4.11 (8) employees of a governmental subdivision who have not reached the age of
4.1223 and are enrolled on a full-time basis to attend or are attending classes on a full-time
4.13basis at an accredited school, college, or university in an undergraduate, graduate, or
4.14professional-technical program, or a public or charter high school;
4.15 (9) resident physicians, medical interns, and pharmacist residents and pharmacist
4.16interns who are serving in a degree or residency program in public hospitals or clinics;
4.17 (10) students who are serving in an internship or residency program sponsored
4.18by an accredited educational institution;
4.19 (11) persons who hold a part-time adult supplementary technical college license who
4.20render part-time teaching service in a technical college;
4.21 (12) except for employees of Hennepin County or Hennepin Healthcare System,
4.22Inc., foreign citizens working for a governmental subdivision with a work permit of less
4.23than three years, or an H-1b visa valid for less than three years of employment. Upon
4.24notice to the association that the work permit or visa extends beyond the three-year period,
4.25the foreign citizens must be reported for membership from the date of the extension;
4.26 (13) public hospital employees who elected not to participate as members of the
4.27association before 1972 and who did not elect to participate from July 1, 1988, to October
4.281, 1988;
4.29 (14) except as provided in section
353.86, volunteer ambulance service personnel,
4.30as defined in subdivision 35, but persons who serve as volunteer ambulance service
4.31personnel may still qualify as public employees under subdivision 2 and may be members
4.32of the Public Employees Retirement Association and participants in the public
new text begin generalnew text end
4.33employees retirement fund or the public employees police and fire fund, whichever
4.34applies, on the basis of compensation received from public employment service other than
4.35service as volunteer ambulance service personnel;
5.1 (15) except as provided in section
353.87, volunteer firefighters, as defined in
5.2subdivision 36, engaging in activities undertaken as part of volunteer firefighter duties;
5.3provided that a person who is a volunteer firefighter may still qualify as a public
5.4employee under subdivision 2 and may be a member of the Public Employees Retirement
5.5Association and a participant in the public
new text begin generalnew text end employees retirement fund or the public
5.6employees police and fire fund, whichever applies, on the basis of compensation received
5.7from public employment activities other than those as a volunteer firefighter;
5.8 (16) pipefitters and associated trades personnel employed by Independent School
5.9District No. 625, St. Paul, with coverage under a collective bargaining agreement by the
5.10pipefitters local 455 pension plan who were either first employed after May 1, 1997, or,
5.11if first employed before May 2, 1997, elected to be excluded under Laws 1997, chapter
5.12241, article 2, section 12;
5.13 (17) electrical workers, plumbers, carpenters, and associated trades personnel
5.14employed by Independent School District No. 625, St. Paul, or the city of St. Paul,
5.15who have retirement coverage under a collective bargaining agreement by the Electrical
5.16Workers Local 110 pension plan, the United Association Plumbers Local 34 pension plan,
5.17or the Carpenters Local 87 pension plan who were either first employed after May 1,
5.182000, or, if first employed before May 2, 2000, elected to be excluded under Laws 2000,
5.19chapter 461, article 7, section 5;
5.20 (18) bricklayers, allied craftworkers, cement masons, glaziers, glassworkers,
5.21painters, allied tradesworkers, and plasterers employed by the city of St. Paul or
5.22Independent School District No. 625, St. Paul, with coverage under a collective
5.23bargaining agreement by the Bricklayers and Allied Craftworkers Local 1 pension plan,
5.24the Cement Masons Local 633 pension plan, the Glaziers and Glassworkers Local L-1324
5.25pension plan, the Painters and Allied Trades Local 61 pension plan, or the Twin Cities
5.26Plasterers Local 265 pension plan who were either first employed after May 1, 2001, or if
5.27first employed before May 2, 2001, elected to be excluded under Laws 2001, First Special
5.28Session chapter 10, article 10, section 6;
5.29 (19) plumbers employed by the Metropolitan Airports Commission, with coverage
5.30under a collective bargaining agreement by the Plumbers Local 34 pension plan, who either
5.31were first employed after May 1, 2001, or if first employed before May 2, 2001, elected to
5.32be excluded under Laws 2001, First Special Session chapter 10, article 10, section 6;
5.33 (20) employees who are hired after June 30, 2002, to fill seasonal positions under
5.34subdivision 12b which are limited in duration by the employer to 185 consecutive calendar
5.35days or less in each year of employment with the governmental subdivision;
6.1 (21) persons who are provided supported employment or work-study positions
6.2by a governmental subdivision and who participate in an employment or industries
6.3program maintained for the benefit of these persons where the governmental subdivision
6.4limits the position's duration to three years or less, including persons participating in a
6.5federal or state subsidized on-the-job training, work experience, senior citizen, youth, or
6.6unemployment relief program where the training or work experience is not provided as a
6.7part of, or for, future permanent public employment;
6.8 (22) independent contractors and the employees of independent contractors; and
6.9 (23) reemployed annuitants of the association during the course of that
6.10reemployment.
6.11 Sec. 3. Minnesota Statutes 2008, section 353.01, is amended by adding a subdivision
6.12to read:
6.13
new text begin Subd. 47.new text end new text begin MERF division.new text end new text begin "MERF division" means the separate retirement plan new text end
6.14
new text begin within the general employees retirement plan of the Public Employees Retirement new text end
6.15
new text begin Association containing the applicable provisions of Minnesota Statutes 2008, chapter new text end
6.16
new text begin 422A.new text end
6.17 Sec. 4. Minnesota Statutes 2008, section 353.01, is amended by adding a subdivision
6.18to read:
6.19
new text begin Subd. 48.new text end new text begin MERF division account.new text end new text begin "MERF division account" means the separate new text end
6.20
new text begin account within the retirement fund of the general employees retirement fund of the new text end
6.21
new text begin Public Employees Retirement Association in which the actuarial liabilities of the former new text end
6.22
new text begin Minneapolis Employees Retirement Fund are held, and in which the assets of the former new text end
6.23
new text begin Minneapolis Employees Retirement Fund are credited.new text end
6.24 Sec. 5. Minnesota Statutes 2008, section 353.05, is amended to read:
6.25
353.05 CUSTODIAN OF FUNDS.
6.26The commissioner of management and budget shall be ex officio treasurer of the
6.27retirement funds of the association
new text begin , including the MERF division, new text end and the general bond of
6.28the commissioner of management and budget to the state shall be so conditioned as to
6.29cover all liability for acts as treasurer of these funds. All moneys
new text begin money new text end of the association
6.30received by the commissioner of management and budget shall be set aside in the state
6.31treasury to the credit of the proper fund
new text begin or accountnew text end . The commissioner of management and
6.32budget shall transmit monthly to the executive director a detailed statement of all amounts
6.33so received and credited to the fund
new text begin funds, including the MERF divisionnew text end . Payments out
7.1
new text begin of new text end the fund shall
new text begin funds, including the MERF division, may only new text end be made only on warrants
7.2issued by the commissioner of management and budget, upon abstracts signed by the
7.3executive director; provided that abstracts for investment may be signed by the secretary
7.4
new text begin executive director new text end of the State Board of Investment.
7.5 Sec. 6. Minnesota Statutes 2009 Supplement, section 353.06, is amended to read:
7.6
353.06 STATE BOARD OF INVESTMENT TO INVEST FUNDS.
7.7The executive director shall from time to time certify to the State Board of
7.8Investment for investment such portions of the retirement fund
new text begin funds of the association, new text end
7.9
new text begin including the MERF division, new text end as in its
new text begin the director's new text end judgment may not be required for
7.10immediate use. The State Board of Investment shall thereupon invest and reinvest the sum
7.11so certified, or transferred, in such securities as are duly authorized as legal investments
7.12for state employees retirement fund
new text begin under section 11A.24 new text end and shall have
new text begin has new text end authority to
7.13sell, convey, and exchange such securities and invest and reinvest the securities when it
7.14deems it desirable to do so and shall sell securities upon request of the board of trustees
7.15
new text begin executive director new text end when such funds are needed for its purposes. All of the provisions
7.16regarding accounting procedures and restrictions and conditions for the purchase and
7.17sale of securities under chapter 11A must apply to the accounting, purchase and sale of
7.18securities for the
new text begin funds of the new text end Public Employees Retirement fund
new text begin Association, including new text end
7.19
new text begin the MERF divisionnew text end .
7.20 Sec. 7. Minnesota Statutes 2008, section 353.27, as amended by Laws 2009, chapter
7.21169, article 1, section 32, and article 4, sections 9, 10, 11, and 12, is amended to read:
7.22
353.27 PUBLIC new text begin GENERAL new text end EMPLOYEES RETIREMENT FUND.
7.23 Subdivision 1.
Income; disbursements. There is a special fund known as the
7.24"public
new text begin generalnew text end employees retirement fund," the "retirement fund," or the "fund," which
7.25must include all the assets of the
new text begin general employees retirement plan of the new text end association.
7.26This fund must be credited with all contributions, all interest and all other income
new text begin of the new text end
7.27
new text begin general employees retirement plan of the Public Employees Retirement Association that new text end
7.28
new text begin are new text end authorized by law. From this fund there is appropriated the payments authorized by
7.29this chapter
new text begin sections 353.01 to 353.46 new text end in the amounts and at such time provided herein,
7.30including the expenses of administering the
new text begin general employees retirement plan and new text end fund.
7.31
new text begin Subd. 1a.new text end new text begin MERF division account established; revenue and disbursements.new text end new text begin The new text end
7.32
new text begin MERF division account is established as a special account. The MERF division account new text end
7.33
new text begin includes all of the assets of the former Minneapolis Employees Retirement Fund that new text end
7.34
new text begin were transferred to the administration of the Public Employees Retirement Association new text end
8.1
new text begin under section 353.50. The special account is credited with the contributions under section new text end
8.2
new text begin 353.50, subdivision 7, state aid under sections 356.43 and 422A.101, subdivision 3, new text end
8.3
new text begin investment performance on the special account assets, and all other income of the MERF new text end
8.4
new text begin division authorized by law. The payments of annuities and benefits authorized by chapter new text end
8.5
new text begin 422A in the amounts and at the times provided in that chapter, and the administrative new text end
8.6
new text begin expenses of the MERF division are appropriated from the special account.new text end
8.7 Subd. 2.
new text begin General employees retirement plan; new text end employee contribution. (a) For
8.8a basic member
new text begin of the general employees retirement plan of the Public Employees new text end
8.9
new text begin Retirement Associationnew text end , the employee contribution is 9.10 percent of salary. For a
8.10coordinated member
new text begin of the general employees retirement plan of the Public Employees new text end
8.11
new text begin Retirement Associationnew text end , the employee contribution is six percent of salary plus any
8.12contribution rate adjustment under subdivision 3b.
8.13(b) These contributions must be made by deduction from salary as defined in section
8.14353.01, subdivision 10
, in the manner provided in subdivision 4. If any portion of a
8.15member's salary is paid from other than public funds, the member's employee contribution
8.16must be based on the total salary received by the member from all sources.
8.17 Subd. 3.
new text begin General employees retirement plan; new text end employer contribution. (a) For
8.18a basic member
new text begin of the general employees retirement plan of the Public Employees new text end
8.19
new text begin Retirement Associationnew text end , the employer contribution is 9.10 percent of salary. For a
8.20coordinated member
new text begin of the general employees retirement plan of the Public Employees new text end
8.21
new text begin Retirement Associationnew text end , the employer contribution is six percent of salary plus any
8.22contribution rate adjustment under subdivision 3b.
8.23(b) This contribution must be made from funds available to the employing
8.24subdivision by the means and in the manner provided in section
353.28.
8.25 Subd. 3a.
Additional employer contribution. (a) An additional employer
8.26contribution
new text begin to the general employees retirement fund of the Public Employees Retirement new text end
8.27
new text begin Association new text end must be made equal to the following applicable percentage of the total salary
8.28amount for "basic members" and for "coordinated members":
8.29
Basic Program
Coordinated Program
8.30
Effective before January 1, 2006
2.68
.43
8.31
Effective January 1, 2006
2.68
.50
8.32
Effective January 1, 2009
2.68
.75
8.33
Effective January 1, 2010
2.68
1.00
8.34These contributions must be made from funds available to the employing subdivision
8.35by the means and in the manner provided in section
353.28.
8.36(b) The coordinated program contribution rates set forth in paragraph (a) effective
8.37for January 1, 2009, or January 1, 2010, must not be implemented if, following receipt of
9.1the July 1, 2008, or July 1, 2009, annual actuarial valuation reports
new text begin report new text end under section
9.2356.215
, respectively, the actuarially required contributions are equal to or less than the
9.3total rates under this section in effect as of January 1, 2008.
9.4(c) This subdivision is repealed once the actuarial value of the assets of the
new text begin general new text end
9.5
new text begin employees retirement new text end plan
new text begin of the Public Employees Retirement Association new text end equal or
9.6exceed the actuarial accrued liability of the plan as determined by the actuary retained
9.7under sections
356.214 and
356.215. The repeal is effective on the first day of the first full
9.8pay period occurring after March 31 of the calendar year following the issuance of the
9.9actuarial valuation upon which the repeal is based.
9.10 Subd. 3b.
Change in employee and employer contributions in certain instances.
9.11(a) For purposes of this section, a contribution sufficiency exists if the total of the
9.12employee contribution under subdivision 2, the employer contribution under subdivision
9.133, the additional employer contribution under subdivision 3a, and any additional
9.14contribution previously imposed under this subdivision exceeds the total of the normal
9.15cost, the administrative expenses, and the amortization contribution of the
new text begin general new text end
9.16
new text begin employees new text end retirement plan as reported in the most recent actuarial valuation of the
9.17retirement plan prepared by the actuary retained under section
356.214 and prepared under
9.18section
356.215 and the standards for actuarial work of the Legislative Commission on
9.19Pensions and Retirement. For purposes of this section, a contribution deficiency exists if
9.20the total of the employee contributions under subdivision 2, the employer contributions
9.21under subdivision 3, the additional employer contribution under subdivision 3a, and any
9.22additional contribution previously imposed under this subdivision is less than the total
9.23of the normal cost, the administrative expenses, and the amortization contribution of the
9.24
new text begin general employees new text end retirement plan as reported in the most recent actuarial valuation of the
9.25retirement plan prepared by the actuary retained under section
356.214 and prepared under
9.26section
356.215 and the standards for actuarial work of the Legislative Commission on
9.27Pensions and Retirement.
9.28(b) Employee and employer contributions
new text begin to the general employees retirement plan new text end
9.29under subdivisions 2 and 3 must be adjusted:
9.30(1) if, after July 1, 2010, the regular actuarial valuations of the general employees
9.31retirement plan of the Public Employees Retirement Association under section
356.215
9.32indicate that there is a contribution sufficiency under paragraph (a) equal to or greater
9.33than 0.5 percent of covered payroll for two consecutive years, the coordinated program
9.34employee and employer contribution rates must be decreased as determined under
9.35paragraph (c) to a level such that the sufficiency equals no more than 0.25 percent of
9.36covered payroll based on the most recent actuarial valuation; or
10.1(2) if, after July 1, 2010, the regular actuarial valuations of the general employees
10.2retirement plan of the Public Employees Retirement Association under section
356.215
10.3indicate that there is a deficiency equal to or greater than 0.5 percent of covered payroll for
10.4two consecutive years, the coordinated program employee and employer contribution rates
10.5must be increased as determined under paragraph (c) to a level such that no deficiency
10.6exists based on the most recent actuarial valuation.
10.7(c) The
new text begin general employees retirement plan new text end contribution rate increase or decrease
10.8must be determined by the executive director of the Public Employees Retirement
10.9Association, must be reported to the chair and the executive director of the Legislative
10.10Commission on Pensions and Retirement on or before the next February 1, and, if the
10.11Legislative Commission on Pensions and Retirement does not recommend against the rate
10.12change or does not recommend a modification in the rate change, is effective on the
10.13next July 1 following the determination by the executive director that a contribution
10.14deficiency or sufficiency has existed for two consecutive fiscal years based on the most
10.15recent actuarial valuations under section
356.215. If the actuarially required contribution
10.16
new text begin of the general employees retirement plan new text end exceeds or is less than the total support provided
10.17by the combined employee and employer contribution rates by more than 0.5 percent of
10.18covered payroll, the
new text begin general employees retirement plan new text end coordinated program employee
10.19and employer contribution rates must be adjusted incrementally over one or more years to
10.20a level such that there remains a contribution sufficiency of no more than 0.25 percent
10.21of covered payroll.
10.22(d) No incremental adjustment may exceed 0.25 percent for either the
new text begin general new text end
10.23
new text begin employees retirement plan new text end coordinated program employee and employer contribution rates
10.24per year in which any adjustment is implemented. A
new text begin general employees retirement plan new text end
10.25contribution rate adjustment under this subdivision must not be made until at least two
10.26years have passed since fully implementing a previous adjustment under this subdivision.
10.27
new text begin (e) The general employees retirement plan contribution sufficiency or deficiency new text end
10.28
new text begin determination under paragraphs (a) through (d) must be made without the inclusion of new text end
10.29
new text begin the contributions to, the funded condition of, or the actuarial funding requirements of new text end
10.30
new text begin the MERF division.new text end
10.31 Subd. 4.
Employer reporting requirements; contributions; member status.
10.32(a) A representative authorized by the head of each department shall deduct employee
10.33contributions from the salary of each employee who qualifies for membership
new text begin in the new text end
10.34
new text begin general employees retirement plan of the Public Employees Retirement Association or in new text end
10.35
new text begin the public employees police and fire retirement plan new text end under this chapter and remit payment
10.36in a manner prescribed by the executive director for the aggregate amount of the employee
11.1contributions, the employer contributions and the additional employer contributions to be
11.2received within 14 calendar days. The head of each department or the person's designee
11.3shall for each pay period submit to the association a salary deduction report in the format
11.4prescribed by the executive director. Data required to be submitted as part of salary
11.5deduction reporting must include, but are not limited to:
11.6(1) the legal names and Social Security numbers of employees who are members;
11.7(2) the amount of each employee's salary deduction;
11.8(3) the amount of salary from which each deduction was made;
11.9(4) the beginning and ending dates of the payroll period covered and the date of
11.10actual payment; and
11.11(5) adjustments or corrections covering past pay periods.
11.12(b) Employers must furnish the data required for enrollment for each new employee
11.13who qualifies for membership
new text begin in the general employees retirement plan of the Public new text end
11.14
new text begin Employees Retirement Association or in the public employees police and fire retirement new text end
11.15
new text begin plan new text end in the format prescribed by the executive director. The required enrollment data
11.16on new employees must be submitted to the association prior to or concurrent with the
11.17submission of the initial employee salary deduction. The employer shall also report
11.18to the association all member employment status changes, such as leaves of absence,
11.19terminations, and death, and shall report the effective dates of those changes, on an
11.20ongoing basis for the payroll cycle in which they occur. The employer shall furnish data,
11.21forms, and reports as may be required by the executive director for proper administration
11.22of the retirement system. Before implementing new or different computerized reporting
11.23requirements, the executive director shall give appropriate advance notice to governmental
11.24subdivisions to allow time for system modifications.
11.25(c) Notwithstanding paragraph (a), the association
new text begin executive director new text end may provide
11.26for less frequent reporting and payments for small employers.
11.27 Subd. 7.
Adjustment for erroneous receipts or disbursements. (a) Except
11.28as provided in paragraph (b), erroneous employee deductions and erroneous employer
11.29contributions and additional employer contributions
new text begin to the general employees retirement new text end
11.30
new text begin plan of the Public Employees Retirement Association or to the public employees police new text end
11.31
new text begin and fire retirement plan new text end for a person, who otherwise does not qualify for membership
11.32under this chapter, are considered:
11.33(1) valid if the initial erroneous deduction began before January 1, 1990. Upon
11.34determination of the error by the association, the person may continue membership in the
11.35association while employed in the same position for which erroneous deductions were
12.1taken, or file a written election to terminate membership and apply for a refund upon
12.2termination of public service or defer an annuity under section
353.34; or
12.3(2) invalid, if the initial erroneous employee deduction began on or after January 1,
12.41990. Upon determination of the error, the association shall refund all erroneous employee
12.5deductions and all erroneous employer contributions as specified in paragraph (e). No
12.6person may claim a right to continued or past membership in the association based on
12.7erroneous deductions which began on or after January 1, 1990.
12.8(b) Erroneous deductions taken from the salary of a person who did not qualify for
12.9membership in the
new text begin general employees retirement plan of the Public Employees Retirement new text end
12.10Association
new text begin or in the public employees police and fire retirement plan new text end by virtue of
12.11concurrent employment before July 1, 1978, which required contributions to another
12.12retirement fund or relief association established for the benefit of officers and employees
12.13of a governmental subdivision, are invalid. Upon discovery of the error, the association
12.14shall remove all invalid service and, upon termination of public service, the association
12.15shall refund all erroneous employee deductions to the person, with interest as determined
12.16under section
353.34, subdivision 2, and all erroneous employer contributions without
12.17interest to the employer. This paragraph has both retroactive and prospective application.
12.18(c) Adjustments to correct employer contributions and employee deductions taken
12.19in error from amounts which are not salary under section
353.01, subdivision 10, must
12.20be made as specified in paragraph (e). The period of adjustment must be limited to the
12.21fiscal year in which the error is discovered by the association and the immediate two
12.22preceding fiscal years.
12.23(d) If there is evidence of fraud or other misconduct on the part of the employee or
12.24the employer, the board of trustees may authorize adjustments to the account of a member
12.25or former member to correct erroneous employee deductions and employer contributions
12.26on invalid salary and the recovery of any overpayments for a period longer than provided
12.27for under paragraph (c).
12.28(e) Upon discovery of the receipt of erroneous employee deductions and employer
12.29contributions under paragraph (a), clause (2), or paragraph (c), the association must require
12.30the employer to discontinue the erroneous employee deductions and erroneous employer
12.31contributions reported on behalf of a member. Upon discontinuation, the association must:
12.32(1) for a member, provide a refund or credit to the employer in the amount of the
12.33invalid employee deductions with interest on the invalid employee deductions at the rate
12.34specified under section
353.34, subdivision 2, from the received date of each invalid salary
12.35transaction through the date the credit or refund is made; and the employer must pay the
12.36refunded employee deductions plus interest to the member;
13.1(2) for a former member who:
13.2(i) is not receiving a retirement annuity or benefit, return the erroneous employee
13.3deductions to the former member through a refund with interest at the rate specified under
13.4section
353.34, subdivision 2, from the received date of each invalid salary transaction
13.5through the date the credit or refund is made; or
13.6(ii) is receiving a retirement annuity or disability benefit, or a person who is
13.7receiving an optional annuity or survivor benefit, for whom it has been determined an
13.8overpayment must be recovered, adjust the payment amount and recover the overpayments
13.9as provided under this section; and
13.10(3) return the invalid employer contributions reported on behalf of a member or
13.11former member to the employer by providing a credit against future contributions payable
13.12by the employer.
13.13(f) In the event that a salary warrant or check from which a deduction for the
13.14retirement fund was taken has been canceled or the amount of the warrant or check
13.15returned to the funds of the department making the payment, a refund of the sum
13.16deducted, or any portion of it that is required to adjust the deductions, must be made
13.17to the department or institution.
13.18(g) If the accrual date of any retirement annuity, survivor benefit, or disability benefit
13.19is within the limitation period specified in paragraph (c), and an overpayment has resulted
13.20by using invalid service or salary, or due to any erroneous calculation procedure, the
13.21association must recalculate the annuity or benefit payable and recover any overpayment
13.22as provided under subdivision 7b.
13.23(h) Notwithstanding the provisions of this subdivision, the association may apply
13.24the Revenue Procedures defined in the federal Internal Revenue Service Employee Plans
13.25Compliance Resolution System and not issue a refund of erroneous employee deductions
13.26and employer contributions or not recover a small overpayment of benefits if the cost to
13.27correct the error would exceed the amount of the member refund or overpayment.
13.28(i) Any fees or penalties assessed by the federal Internal Revenue Service for any
13.29failure by an employer to follow the statutory requirements for reporting eligible members
13.30and salary must be paid by the employer.
13.31 Subd. 7a.
Deductions or contributions transmitted by error. (a) If employee
13.32deductions and employer contributions
new text begin under this section, section 353.50, 353.65, or new text end
13.33
new text begin 353E.03 new text end were erroneously transmitted to the association, but should have been transmitted
13.34to another Minnesota public pension plan, the executive director shall transfer the
13.35erroneous employee deductions and employer contributions to the appropriate retirement
14.1fund or individual account, as applicable, without interest. The time limitations specified
14.2in subdivisions 7 and 12 do not apply.
14.3(b) For purposes of this subdivision, a Minnesota public pension plan means a
14.4plan specified in section
356.30, subdivision 3, or the plans governed by chapters 353D
14.5and 354B.
14.6(c) A potential transfer under paragraph (a) that is reasonably determined to cause
14.7the plan to fail to be a qualified plan under section 401(a) of the federal Internal Revenue
14.8Code, as amended, must not be made by the executive director of the association. Within
14.930 days after being notified by the Public Employees Retirement Association of an
14.10unmade potential transfer under this paragraph, the employer of the affected person
14.11must transmit an amount representing the applicable salary deductions and employer
14.12contributions, without interest, to the retirement fund of the appropriate Minnesota public
14.13pension plan, or to the applicable individual account if the proper coverage is by a defined
14.14contribution plan. The association must provide the employing unit a credit for the amount
14.15of the erroneous salary deductions and employer contributions against future contributions
14.16from the employer. If the employing unit receives a credit under this paragraph, the
14.17employing unit is responsible for refunding to the applicable employee any amount that
14.18had been erroneously deducted from the person's salary.
14.19 Subd. 7b.
Recovery of overpayments. (a) In the event the executive director
14.20determines that an overpaid annuity or benefit that
new text begin from the general employees retirement new text end
14.21
new text begin plan of the Public Employees Retirement Association, the public employees police and new text end
14.22
new text begin fire retirement plan, or the local government correctional employees retirement plan new text end is
14.23the result of invalid salary included in the average salary used to calculate the payment
14.24amount must be recovered, the association must determine the amount of the employee
14.25deductions taken in error on the invalid salary, with interest determined in the manner
14.26provided for a former member under subdivision 7, paragraph (e), clause (2), item (i),
14.27and must subtract that amount from the total annuity or benefit overpayment, and the
14.28remaining balance of the overpaid annuity or benefit, if any, must be recovered.
14.29(b) If the invalid employee deductions plus interest exceed the amount of the
14.30overpaid benefits, the balance must be refunded to the person to whom the benefit or
14.31annuity is being paid.
14.32(c) Any invalid employer contributions reported on the invalid salary must be
14.33credited to the employer as provided in subdivision 7, paragraph (e).
14.34(d) If a member or former member, who is receiving a retirement annuity or
14.35disability benefit for which an overpayment is being recovered, dies before recovery of
14.36the overpayment is completed and a joint and survivor optional annuity is payable, the
15.1remaining balance of the overpaid annuity or benefit must continue to be recovered from
15.2the payment to the optional annuity beneficiary.
15.3(e) If the association finds that a refund has been overpaid to a former member,
15.4beneficiary or other person, the amount of the overpayment must be recovered
new text begin for the new text end
15.5
new text begin benefit of the respective retirement fund or accountnew text end .
15.6(f) The board of trustees shall adopt policies directing the period of time and manner
15.7for the collection of any overpaid retirement or optional annuity, and survivor or disability
15.8benefit, or a refund that the executive director determines must be recovered as provided
15.9under this section.
15.10 Subd. 7c.
Limitation on additional plan coverage. No deductions for any plan
15.11under this chapter or chapter 353E may be taken from the salary of a person who is
15.12employed by a governmental subdivision under section
353.01, subdivision 6, and who is
15.13receiving disability benefit payments from any plan under this chapter or chapter 353E
15.14unless the person waives the right to further disability benefit payments.
15.15 Subd. 8.
District court reporters; salary deductions. Deductions from the salary
15.16of a district court reporter in a judicial district consisting of two or more counties shall be
15.17made by the auditor of the county in which the bond and official oath of such district court
15.18reporter are filed, from the portion of salary paid by such county.
15.19 Subd. 9.
Fee officers; contributions; obligations of employers. Any appointed or
15.20elected officer of a governmental subdivision who was or is a "public employee" within
15.21the meaning of section
353.01 and was or is a member of the fund
new text begin general employees new text end
15.22
new text begin retirement plan of the Public Employees Retirement Association new text end and whose salary
15.23was or is paid in whole or in part from revenue derived by fees and assessments, shall
15.24pay employee contribution in the amount, at the time, and in the manner provided in
15.25subdivisions 2 and 4. This subdivision shall
new text begin does new text end not apply to district court reporters.
15.26The employer contribution as provided in subdivision 3, and the additional employer
15.27contribution as provided in subdivision 3a, with respect to such service shall
new text begin must new text end be
15.28paid by the governmental subdivision. This subdivision shall have
new text begin has new text end both retroactive
15.29and prospective application as to all such members; and every employing governmental
15.30subdivision is deemed liable, retroactively and prospectively, for all employer and
15.31additional employer contributions for every such member
new text begin of the general employees new text end
15.32
new text begin retirement plan new text end in its employ. Delinquencies under this section shall be
new text begin arenew text end governed
15.33in all respects by section
353.28.
15.34 Subd. 10.
Employer exclusion reports. The head of a department shall annually
15.35furnish the executive director with an exclusion report listing only those employees in
15.36potentially PERA
new text begin general employees retirement plannew text end -eligible positions who were not
16.1reported as members of the association
new text begin general employees retirement plan new text end and who worked
16.2during the school year for school employees and calendar year for nonschool employees.
16.3The department head must certify the accuracy and completeness of the exclusion report
16.4to the association. The executive director shall prescribe the manner and forms, including
16.5standardized exclusion codes, to be used by a governmental subdivision in preparing and
16.6filing exclusion reports. The executive director shall also check the exclusion report to
16.7ascertain whether any omissions have been made by a department head in the reporting
16.8of new public employees for membership. The executive director may delegate an
16.9association employee under section
353.03, subdivision 3a, paragraph (b), clause (5), to
16.10conduct a field audit to review the payroll records of a governmental subdivision.
16.11 Subd. 11.
Employers; required to furnish requested information. (a) All
16.12governmental subdivisions shall furnish promptly such other information relative to the
16.13employment status of all employees or former employees, including, but not limited to,
16.14payroll abstracts pertaining to all past and present employees, as may be requested by the
16.15executive director, including schedules of salaries applicable to various categories of
16.16employment.
16.17(b) In the event payroll abstract records have been lost or destroyed, for whatever
16.18reason or in whatever manner, so that such schedules of salaries cannot be furnished
16.19therefrom, the employing governmental subdivision, in lieu thereof, shall furnish to the
16.20association an estimate of the earnings of any employee or former employee for any
16.21period as may be requested by the executive director. If the association is provided a
16.22schedule of estimated earnings, the executive director is authorized to use the same as a
16.23basis for making whatever computations might be necessary for determining obligations
16.24of the employee and employer to the
new text begin general employees new text end retirement fund
new text begin plan, the public new text end
16.25
new text begin employees police and fire retirement plan, or the local government correctional employees new text end
16.26
new text begin retirement plannew text end . If estimates are not furnished by the employer at the request of the
16.27executive director, the executive director may estimate the obligations of the employee
16.28and employer to the
new text begin general employees new text end retirement fund
new text begin , the public employees police and new text end
16.29
new text begin fire retirement plan, or the local government correctional employees retirement plannew text end based
16.30upon those records that are in its possession.
16.31 Subd. 12.
Omitted salary deductions; obligations. (a) In the case of omission
16.32of required deductions
new text begin for the general employees retirement plan, the public employees new text end
16.33
new text begin police and fire retirement plan, or the local government correctional employees retirement new text end
16.34
new text begin plan new text end from the salary of an employee, the department head or designee shall immediately,
16.35upon discovery, report the employee for membership and deduct the employee deductions
16.36under subdivision 4 during the current pay period or during the pay period immediately
17.1following the discovery of the omission. Payment for the omitted obligations may only be
17.2made in accordance with reporting procedures and methods established by the executive
17.3director.
17.4(b) When the entire omission period of an employee does not exceed 60 days, the
17.5governmental subdivision may report and submit payment of the omitted employee
17.6deductions and the omitted employer contributions through the reporting processes under
17.7subdivision 4.
17.8(c) When the omission period of an employee exceeds 60 days, the governmental
17.9subdivision shall furnish to the association sufficient data and documentation upon which
17.10the obligation for omitted employee and employer contributions can be calculated.
17.11The omitted employee deductions must be deducted from the employee's subsequent
17.12salary payment or payments and remitted to the association
new text begin for deposit in the applicable new text end
17.13
new text begin retirement fundnew text end . The employee shall pay omitted employee deductions due for the 60
17.14days prior to the end of the last pay period in the omission period during which salary
17.15was earned. The employer shall pay any remaining omitted employee deductions and any
17.16omitted employer contributions, plus cumulative interest at an annual rate of 8.5 percent
17.17compounded annually, from the date or dates each omitted employee contribution was
17.18first payable.
17.19(d) An employer shall not hold an employee liable for omitted employee deductions
17.20beyond the pay period dates under paragraph (c), nor attempt to recover from the employee
17.21those employee deductions paid by the employer on behalf of the employee. Omitted
17.22deductions due under paragraph (c) which are not paid by the employee constitute a
17.23liability of the employer that failed to deduct the omitted deductions from the employee's
17.24salary. The employer shall make payment with interest at an annual rate of 8.5 percent
17.25compounded annually. Omitted employee deductions are no longer due if an employee
17.26terminates public service before making payment of omitted employee deductions to
17.27the association, but the employer remains liable to pay omitted employer contributions
17.28plus interest at an annual rate of 8.5 percent compounded annually from the date the
17.29contributions were first payable.
17.30(e) The association may not commence action for the recovery of omitted employee
17.31deductions and employer contributions after the expiration of three calendar years after
17.32the calendar year in which the contributions and deductions were omitted. Except as
17.33provided under paragraph (b), no payment may be made or accepted unless the association
17.34has already commenced action for recovery of omitted deductions. An action for recovery
17.35commences on the date of the mailing of any written correspondence from the association
18.1requesting information from the governmental subdivision upon which to determine
18.2whether or not omitted deductions occurred.
18.3 Subd. 12a.
Terminated employees: omitted deductions. A terminated employee
18.4
new text begin who was a member of the general employees retirement plan of the Public Employees new text end
18.5
new text begin Retirement Association, the public employees police and fire retirement plan, or the local new text end
18.6
new text begin government correctional employees retirement plan and new text end who has a period of employment
18.7in which previously omitted employer contributions were made under subdivision 12
18.8but for whom no, or only partial, omitted employee contributions have been made, or
18.9a member who had prior coverage in the association for which previously omitted
18.10employer contributions were made under subdivision 12 but who terminated service
18.11before required omitted employee deductions could be withheld from salary, may pay the
18.12omitted employee deductions for the period on which omitted employer contributions
18.13were previously paid plus interest at an annual rate of 8.5 percent compounded annually.
18.14A terminated employee may pay the omitted employee deductions plus interest within six
18.15months of an initial notification from the association of eligibility to pay those omitted
18.16deductions. If a terminated employee is reemployed in a position covered under a public
18.17pension fund under section
356.30, subdivision 3, and elects to pay omitted employee
18.18deductions, payment must be made no later than six months after a subsequent termination
18.19of public service.
18.20 Subd. 12b.
Terminated employees: immediate eligibility. If deductions were
18.21omitted from salary adjustments or final salary of a terminated employee
new text begin who was a new text end
18.22
new text begin member of the general employees retirement plan, the public employees police and fire new text end
18.23
new text begin retirement plan, or the local government correctional employees retirement plan and new text end who
18.24is immediately eligible to draw a monthly benefit, the employer shall pay the omitted
18.25employer and employer additional contributions plus interest on both the employer and
18.26employee amounts due at an annual rate of 8.5 percent compounded annually. The
18.27employee shall pay the employee deductions within six months of an initial notification
18.28from the association of eligibility to pay omitted deductions or the employee forfeits
18.29the right to make the payment.
18.30 Subd. 13.
Certain warrants canceled. A warrant payable from the
new text begin general new text end
18.31
new text begin employees new text end retirement fund
new text begin , the public employees police and fire retirement fund, or the new text end
18.32
new text begin local government correctional retirement fundnew text end remaining unpaid for a period of six
18.33months must be canceled into the
new text begin applicable new text end retirement fund and not
new text begin canceled new text end into the
18.34
new text begin state's new text end general fund.
18.35 Subd. 14.
Periods before initial coverage date. (a) If an entity is determined to
18.36be a governmental subdivision due to receipt of a written notice of eligibility from the
19.1association
new text begin with respect to the general employees retirement plan, the public employees new text end
19.2
new text begin police and fire retirement plan, or the local government correctional retirement plannew text end , that
19.3employer and its employees are subject to the requirements of subdivision 12, effective
19.4retroactively to the date that the executive director of the association determines that
19.5the entity first met the definition of a governmental subdivision, if that date predates
19.6the notice of eligibility.
19.7 (b) If the retroactive time period under paragraph (a) exceeds three years, an
19.8employee is authorized to purchase service credit in the applicable Public Employees
19.9Retirement Association plan for the portion of the period in excess of three years, by
19.10making payment under section
356.551. Notwithstanding
new text begin any provision of new text end section
19.11356.551, subdivision 2
,
new text begin to the contrary, new text end regarding time limits on purchases, payment
new text begin of a new text end
19.12
new text begin service credit purchase amount new text end may be made anytime before
new text begin the new text end termination of public
19.13service.
19.14 (c) This subdivision does not apply if the applicable employment under paragraph
19.15(a) included coverage by any public or private defined benefit or defined contribution
19.16retirement plan, other than a volunteer firefighters relief association. If this paragraph
19.17applies, an individual is prohibited from purchasing service credit
new text begin from a Public Employees new text end
19.18
new text begin Retirement Association plan new text end for any period or periods specified in paragraph (a).
19.19 Sec. 8. Minnesota Statutes 2008, section 353.34, subdivision 1, is amended to read:
19.20 Subdivision 1.
Refund or deferred annuity. (a) A former member is entitled
19.21to a refund of accumulated employee deductions under subdivision 2, or to a deferred
19.22annuity under subdivision 3. Application for a refund may not be made before the date of
19.23termination of public service. Except as specified in paragraph (b), a refund must be paid
19.24within 120 days following receipt of the application unless the applicant has again become
19.25a public employee required to be covered by the association.
19.26(b) If an individual was placed on layoff under section
353.01, subdivision 12 or 12c,
19.27a refund is not payable before termination of service under section
353.01, subdivision 11a.
19.28(c) An individual who terminates public service covered by the Public Employees
19.29Retirement Association general employees retirement plan,
new text begin the MERF division, new text end the
19.30Public Employees Retirement Association police and fire retirement plan, or the public
19.31employees local government corrections service retirement plan, and who is employed
19.32by a different employer and who becomes an active member covered by one of the other
19.33two plans, may receive a refund of employee contributions plus six percent interest
19.34compounded annually from the plan from which the member terminated service.
20.1 Sec. 9. Minnesota Statutes 2008, section 353.34, subdivision 6, is amended to read:
20.2 Subd. 6.
Additions to fund. The board of trustees may credit to the
new text begin general new text end
20.3
new text begin employees retirement new text end fund any moneys
new text begin money new text end received in the form of contributions,
20.4donations, gifts, appropriations, bequests, or otherwise.
20.5 Sec. 10. Minnesota Statutes 2008, section 353.37, subdivision 1, is amended to read:
20.6 Subdivision 1.
Salary maximums. new text begin (a) new text end The annuity of a person otherwise eligible
20.7for an annuity under this chapter
new text begin from the general employees retirement plan of the Public new text end
20.8
new text begin Employees Retirement Association, the public employees police and fire retirement plan, new text end
20.9
new text begin or the local government correctional employees retirement plan new text end must be suspended under
20.10subdivision 2 or reduced under subdivision 3, whichever results in the higher annual
20.11annuity amount, if the person reenters public service as a nonelective employee of a
20.12governmental subdivision in a position covered by this chapter or returns to work as an
20.13employee of a labor organization that represents public employees who are association
20.14members under this chapter and salary for the reemployment service exceeds the annual
20.15maximum earnings allowable for that age for the continued receipt of full benefit amounts
20.16monthly under the federal Old Age, Survivors and Disability Insurance Program as set by
20.17the secretary of health and human services under United States Code, title 42, section 403,
20.18in any calendar year. If the person has not yet reached the minimum age for the receipt
20.19of Social Security benefits, the maximum salary for the person is equal to the annual
20.20maximum earnings allowable for the minimum age for the receipt of Social Security
20.21benefits.
20.22
new text begin (b) The provisions of paragraph (a) do not apply to the members of the MERF new text end
20.23
new text begin division.new text end
20.24 Sec. 11. Minnesota Statutes 2008, section 353.37, subdivision 2, is amended to read:
20.25 Subd. 2.
Suspension of annuity. new text begin (a) new text end The association shall suspend the annuity on
20.26the first of the month after the month in which the salary of the reemployed annuitant
20.27
new text begin described in subdivision 1, paragraph (a), new text end exceeds the maximums set in subdivision 1,
20.28
new text begin paragraph (a), new text end based only on those months in which the annuitant is actually employed
20.29in nonelective public service in a position covered under this chapter or employment
20.30with a labor organization that represents public employees who are association members
20.31
new text begin of a retirement plan new text end under this chapter
new text begin or chapter 353Enew text end .
20.32
new text begin (b) new text end An annuitant who is elected to public office after retirement may hold
new text begin that new text end office
20.33and receive an annuity otherwise payable from
new text begin a retirement plan administered by new text end the
20.34association.
21.1 Sec. 12. Minnesota Statutes 2008, section 353.37, subdivision 3, is amended to read:
21.2 Subd. 3.
Reduction of annuity. new text begin (a) new text end The association shall reduce the amount
21.3of the annuity of a person who has not reached the retirement age by one-half of the
21.4amount in excess of the applicable reemployment income maximum under subdivision
21.51
new text begin , paragraph (a)new text end .
21.6
new text begin (b) new text end There is no reduction upon reemployment, regardless of income, for a person
21.7who has reached the retirement age.
21.8 Sec. 13. Minnesota Statutes 2008, section 353.37, subdivision 4, is amended to read:
21.9 Subd. 4.
Resumption of annuity. The association shall resume paying a full
21.10annuity to the reemployed annuitant
new text begin described in subdivision 1, paragraph (a), new text end at the
21.11start of each calendar year until the salary exceeds the maximums under subdivision 1,
21.12
new text begin paragraph (a), new text end or on the first of the month following
new text begin the new text end termination of
new text begin the new text end employment
21.13which resulted in the suspension of the annuity. The executive director may adopt policies
21.14regarding the suspension and reduction of annuities under this section.
21.15 Sec. 14. Minnesota Statutes 2008, section 353.37, subdivision 5, is amended to read:
21.16 Subd. 5.
Effect on annuity. Except as provided under this section, public service
21.17performed by an annuitant
new text begin described in subdivision 1, paragraph (a), new text end subsequent to
21.18retirement under this chapter
new text begin from the general employees retirement plan, the public new text end
21.19
new text begin employees police and fire retirement plan, or the local government correctional employees new text end
21.20
new text begin retirement plan new text end does not increase or decrease the amount of an annuity. The annuitant shall
21.21not make any further contributions to the association's
new text begin a new text end defined benefit plan
new text begin administered new text end
21.22
new text begin by the association new text end by reason of this subsequent public service.
21.23 Sec. 15. Minnesota Statutes 2008, section 353.46, subdivision 2, is amended to read:
21.24 Subd. 2.
Rights of deferred annuitant. The right
new text begin entitlement new text end of a deferred
21.25annuitant or other former member
new text begin of the general employees retirement plan of the new text end
21.26
new text begin Public Employees Retirement Association, the Minneapolis Employees Retirement Fund new text end
21.27
new text begin division, the public employees police and fire retirement plan, or the local government new text end
21.28
new text begin correctional employees retirement plan new text end to receive an annuity under the law in effect at the
21.29time such
new text begin the new text end person terminated public service is herein preserved; provided, however,
new text begin .new text end
21.30The provisions of section
353.71, subdivision 2, as amended by Laws 1973, chapter 753
21.31shall
new text begin ,new text end apply to a deferred annuitant or other former member who first begins receiving an
21.32annuity after July 1, 1973.
22.1 Sec. 16. Minnesota Statutes 2008, section 353.46, subdivision 6, is amended to read:
22.2 Subd. 6.
Computation of benefits for certain coordinated members. Any
22.3coordinated member
new text begin of the general employees retirement plan of the Public Employees new text end
22.4
new text begin Retirement Association new text end who prior to
new text begin , beforenew text end July 1, 1979
new text begin ,new text end was a member of the
new text begin former new text end
22.5coordinated program of the
new text begin former new text end Minneapolis Municipal Employees Retirement
22.6Fund and who prior to
new text begin , beforenew text end July 1, 1978
new text begin ,new text end was a member of the basic program of the
22.7Minneapolis Municipal Employees Retirement Fund shall:
22.8(1) be
new text begin is new text end entitled to receive a retirement annuity when otherwise qualified, the
22.9calculation of which shall
new text begin must new text end utilize the formula accrual rates specified in section
22.10422A.15, subdivision 1
, for that portion of credited service which was rendered prior to
22.11
new text begin before new text end July 1, 1978, and the formula accrual rates specified in section
353.29, subdivision
22.123
, for the remainder of credited service, both applied to the average salary as specified
22.13in section
353.29, subdivision 2new text begin 353.01, subdivision 17anew text end . The formula accrual rates to
22.14be used in calculating the retirement annuity shall
new text begin must new text end recognize the service after July
22.151, 1978 as a member of the
new text begin former new text end coordinated program of the
new text begin former new text end Minneapolis
22.16Municipal Employees Retirement Fund and after July 1, 1979 as a member of the
22.17
new text begin general employees retirement plan of the new text end Public Employees Retirement Association as
22.18a continuation of service rendered prior to
new text begin before new text end July 1, 1978. The annuity amount
22.19attributable to service as a member of the basic program of the
new text begin former new text end Minneapolis
22.20Municipal Employees Retirement Fund shall be
new text begin is new text end payable by
new text begin from new text end the Minneapolis
22.21Employees Retirement Fund
new text begin MERF division new text end and the annuity amount attributable to all
22.22other service shall be
new text begin is new text end payable by
new text begin from the general employees retirement fund of new text end the
22.23Public Employees Retirement Association;
new text begin .new text end
22.24(2) retain eligibility when otherwise qualified for a disability benefit from the
22.25Minneapolis Employees Retirement Fund until July 1, 1982, notwithstanding coverage
22.26by the Public Employees Retirement Association, if the member has or would, without
22.27the transfer of retirement coverage from the basic program of the Minneapolis Municipal
22.28Employees Retirement Fund to the coordinated program of the Minneapolis Municipal
22.29Employees Retirement Fund or from the coordinated program of the Minneapolis
22.30Municipal Employees Retirement Fund to the public employees retirement fund, have
22.31sufficient credited service prior to January 1, 1983, to meet the minimum service
22.32requirements for a disability benefit pursuant to section
. The disability benefit
22.33amount attributable to service as a member of the basic program of the Minneapolis
22.34Municipal Employees Retirement Fund shall be payable by the Minneapolis Employees
22.35Retirement Fund and the disability benefit amount attributable to all other service shall be
22.36payable by the Public Employees Retirement Association.
23.1 Sec. 17.
new text begin [353.50] MERF CONSOLIDATION ACCOUNT; ESTABLISHMENT new text end
23.2
new text begin AND OPERATION.new text end
23.3
new text begin Subdivision 1.new text end new text begin Administrative consolidation.new text end new text begin (a) Notwithstanding any provision new text end
23.4
new text begin of this chapter or chapter 422A to the contrary, the administration of the Minneapolis new text end
23.5
new text begin Employees Retirement Fund as the MERF division is transferred to the Public Employees new text end
23.6
new text begin Retirement Association board of trustees. The assets, service credit, and benefit liabilities new text end
23.7
new text begin of the Minneapolis Employees Retirement Fund transfer to the MERF division account new text end
23.8
new text begin within the general employees retirement plan of the Public Employees Retirement new text end
23.9
new text begin Association established by section 353.27, subdivision 1a, on July 1, 2010.new text end
23.10
new text begin (b) The creation of the MERF division must not be construed to alter the Social new text end
23.11
new text begin Security or Medicare coverage of any member of the former Minneapolis Employees new text end
23.12
new text begin Retirement Fund on June 29, 2010, while employed in a position covered under the MERF new text end
23.13
new text begin division of the Public Employees Retirement Association.new text end
23.14
new text begin Subd. 2.new text end new text begin Membership transfer.new text end new text begin Effective June 30, 2010, the active, inactive, and new text end
23.15
new text begin retired members of the Minneapolis Employees Retirement Fund are transferred to the new text end
23.16
new text begin MERF division administered by the Public Employees Retirement Association and are no new text end
23.17
new text begin longer members of the Minneapolis Employees Retirement Fund.new text end
23.18
new text begin Subd. 3.new text end new text begin Service credit and benefit liability transfer.new text end new text begin (a) All allowable service new text end
23.19
new text begin credit and salary credit of the members of the Minneapolis Employees Retirement Fund new text end
23.20
new text begin as specified in the records of the Minneapolis Employees Retirement Fund through June new text end
23.21
new text begin 30, 2010, are transferred to the MERF division of the Public Employees Retirement new text end
23.22
new text begin Association and are credited by the MERF division. Annuities or benefits of persons new text end
23.23
new text begin who are active members of the former Minneapolis Employees Retirement Fund on new text end
23.24
new text begin June 30, 2010, must be calculated under Minnesota Statutes 2008, sections 422A.11; new text end
23.25
new text begin 422A.12; 422A.13; 422A.14; 422A.15; 422A.151; 422A.155; 422A.156; 422A.16; new text end
23.26
new text begin 422A.17; 422A.18; 422A.19; 422A.20; and 422A.23, but are only eligible for automatic new text end
23.27
new text begin postretirement adjustments after December 31, 2010, under section 356.415.new text end
23.28
new text begin (b) The liability for the payment of annuities and benefits of the Minneapolis new text end
23.29
new text begin Employees Retirement Fund retirees and benefit recipients as specified in the records new text end
23.30
new text begin of the Minneapolis Employees Retirement Fund on June 29, 2010, is transferred to the new text end
23.31
new text begin MERF division of the Public Employees Retirement Association on June 30, 2010.new text end
23.32
new text begin Subd. 4.new text end new text begin Records transfer.new text end new text begin On June 30, 2010, the executive director of the new text end
23.33
new text begin Minneapolis Employees Retirement Fund shall transfer all records and documents relating new text end
23.34
new text begin to the Minneapolis Employees Retirement Fund and its benefit plan to the executive new text end
23.35
new text begin director of the Public Employees Retirement Association. To the extent possible, original new text end
23.36
new text begin copies of all records and documents must be transferred.new text end
24.1
new text begin Subd. 5.new text end new text begin Transfer of title to assets.new text end new text begin On June 30, 2010, legal title to the assets of new text end
24.2
new text begin the Minneapolis Employees Retirement Fund transfers to the State Board of Investment new text end
24.3
new text begin and the assets must be invested under section 11A.14, as assets of the MERF division of new text end
24.4
new text begin the Public Employees Retirement Association. The MERF division is the successor in new text end
24.5
new text begin interest to all claims that the former Minneapolis Employees Retirement Fund may have new text end
24.6
new text begin or may assert against any person and is the successor in interest to all claims which could new text end
24.7
new text begin have been asserted against the former Minneapolis Employees Retirement Fund, but the new text end
24.8
new text begin MERF division is not liable for any claim against the former Minneapolis Employees new text end
24.9
new text begin Retirement Fund, its former governing board, or its former administrative staff acting in a new text end
24.10
new text begin fiduciary capacity under chapter 356A or under common law, which is founded upon a new text end
24.11
new text begin claim of breach of fiduciary duty, but where the act or acts constituting the claimed breach new text end
24.12
new text begin were not undertaken in good faith, the Public Employees Retirement Association may new text end
24.13
new text begin assert any applicable defense to any claim in any judicial or administrative proceeding new text end
24.14
new text begin that the former Minneapolis Employees Retirement Fund, its former board, or its new text end
24.15
new text begin former administrative staff would otherwise have been entitled to assert, and the Public new text end
24.16
new text begin Employees Retirement Association may assert any applicable defense that it has in its new text end
24.17
new text begin capacity as a statewide agency.new text end
24.18
new text begin Subd. 6.new text end new text begin Benefits.new text end new text begin (a) The annuities and benefits of, or attributable to, retired, new text end
24.19
new text begin disabled, deferred, or inactive Minneapolis Employees Retirement Fund members new text end
24.20
new text begin with that status as of June 30, 2010, with the exception of post-December 31, 2010, new text end
24.21
new text begin postretirement adjustments, which are governed by paragraph (b), as calculated under new text end
24.22
new text begin Minnesota Statutes 2008, sections 422A.11; 422A.12; 422A.13; 422A.14; 422A.15; new text end
24.23
new text begin 422A.151; 422A.155; 422A.156; 422A.16; 422A.17; 422A.18; 422A.19; 422A.20; and new text end
24.24
new text begin 422A.23, continue in force after the administrative consolidation under this article.new text end
24.25
new text begin (b) After December 31, 2010, annuities and benefits from the MERF division are new text end
24.26
new text begin eligible for annual automatic postretirement adjustments solely under section 356.415.new text end
24.27
new text begin Subd. 7.new text end new text begin MERF division account contributions.new text end new text begin (a) After June 30, 2010, the new text end
24.28
new text begin member and employer contributions to the MERF division account are governed by this new text end
24.29
new text begin subdivision.new text end
24.30
new text begin (b) An active member covered by the MERF division must make an employee new text end
24.31
new text begin contribution of 9.75 percent of the total salary of the member as defined in section 353.01, new text end
24.32
new text begin subdivision 10. The employee contribution must be made by payroll deduction by the new text end
24.33
new text begin member's employing unit under section 353.27, subdivision 4, and is subject to the new text end
24.34
new text begin provisions of section 353.27, subdivisions 7, 7a, 7b, 12, 12a, and 12b.new text end
25.1
new text begin (c) The employer regular contribution to the MERF division account with respect new text end
25.2
new text begin to an active MERF division member is 9.75 percent of the total salary of the member as new text end
25.3
new text begin defined in section 353.01, subdivision 10.new text end
25.4
new text begin (d) The employer additional contribution to the MERF division account with respect new text end
25.5
new text begin to an active member of the MERF division is 2.68 percent of the total salary of the member new text end
25.6
new text begin as defined in section 353.01, subdivision 10, plus the employing unit's share of $3,900,000 new text end
25.7
new text begin that the employing unit paid or is payable to the former Minneapolis Employees new text end
25.8
new text begin Retirement Fund under Minnesota Statutes 2008, section 422A.101, subdivision 1a, 2, new text end
25.9
new text begin or 2a, during calendar year 2009, as was certified by the former executive director of the new text end
25.10
new text begin former Minneapolis Employees Retirement Fund.new text end
25.11
new text begin (e) Annually after June 30, 2012, the employer supplemental contribution to new text end
25.12
new text begin the MERF division account by the city of Minneapolis, Special School District No. 1, new text end
25.13
new text begin Minneapolis, a Minneapolis-owned public utility, improvement, or municipal activity, new text end
25.14
new text begin Hennepin county, the Metropolitan Council, the Metropolitan Airports Commission, new text end
25.15
new text begin and the Minnesota State Colleges and Universities system is the amount by which the new text end
25.16
new text begin total actuarial required contribution determined under section 356.215 by the approved new text end
25.17
new text begin actuary retained by the Public Employees Retirement Association in the most recent new text end
25.18
new text begin actuarial valuation of the MERF division and based on a June 30, 2031, amortization new text end
25.19
new text begin date, after subtracting the contributions under paragraphs (b), (c), and (d), exceeds new text end
25.20
new text begin $........ Unless the various employing units agree to a different allocation and file that new text end
25.21
new text begin agreement with the executive director by August 15 for the following calendar year, new text end
25.22
new text begin each employing unit's share of the total employer supplemental contribution amount new text end
25.23
new text begin is equal to its percentage share of the total amount allocated under Minnesota Statutes new text end
25.24
new text begin 2008, section 422A.101, subdivision 3, payable for calendar year 2009. The initial total new text end
25.25
new text begin actuarial required contribution after June 30, 2012, must be calculated using the mortality new text end
25.26
new text begin assumption change recommended on September 30, 2009, for the Minneapolis Employees new text end
25.27
new text begin Retirement Fund by the approved consulting actuary retained by the Minneapolis new text end
25.28
new text begin Employees Retirement Fund board.new text end
25.29
new text begin (f) Notwithstanding any provision of paragraph (c), (d), or (e) to the contrary, as of new text end
25.30
new text begin August 1 annually, if the amount of the retirement annuities and benefits paid from the new text end
25.31
new text begin MERF division account during the preceding fiscal year, multiplied by the factor of 1.035, new text end
25.32
new text begin exceeds the market value of the assets of the MERF division account on the preceding new text end
25.33
new text begin June 30, plus state aid of $9,000,000 or $......., whichever applies, and plus the amounts new text end
25.34
new text begin payable under paragraphs (b), (c), (d), and (e) during the preceding fiscal year, multiplied new text end
25.35
new text begin by the factor of 1.035, the balance calculated is a special additional employer contribution. new text end
25.36
new text begin The special additional employer contribution under this paragraph is payable in addition new text end
26.1
new text begin to any employer contribution required under paragraphs (c), (d), and (e), and is payable on new text end
26.2
new text begin or before the next following June 30. The special additional employer contribution under new text end
26.3
new text begin this paragraph must be allocated between the city of Minneapolis, Special School District new text end
26.4
new text begin No. 1, Minneapolis, any Minneapolis-owned public utility, improvement, or municipal new text end
26.5
new text begin activity, the Minnesota State Colleges and Universities system, Hennepin County, the new text end
26.6
new text begin Metropolitan Council, and the Metropolitan Airports Commission in proportion to their new text end
26.7
new text begin share of the actuarial accrued liability of the former Minneapolis Employees Retirement new text end
26.8
new text begin Fund as of July 1, 2009, as calculated by the approved actuary retained under section new text end
26.9
new text begin 356.214 as part of the actuarial valuation prepared as of July 1, 2009, under section new text end
26.10
new text begin 356.215 and the Standards for Actuarial Work adopted by the Legislative Commission on new text end
26.11
new text begin Pensions and Retirement.new text end
26.12
new text begin (g) The employer contributions under paragraphs (c), (d), and (e) must be paid as new text end
26.13
new text begin provided in section 353.28.new text end
26.14
new text begin (h) Contributions under this subdivision are subject to the provisions of section new text end
26.15
new text begin 353.27, subdivisions 4, 7, 7a, 7b, 11, 12, 12a, 12b, 13, and 14.new text end
26.16
new text begin Subd. 7a.new text end new text begin Minneapolis Municipal Retirement Association dues.new text end new text begin If authorized new text end
26.17
new text begin by an annuitant or retirement benefit recipient in writing on a form prescribed by the new text end
26.18
new text begin executive director of the Public Employees Retirement Association, the executive director new text end
26.19
new text begin shall deduct the dues for the Minneapolis Municipal Retirement Association from the new text end
26.20
new text begin person's annuity or retirement benefit. This dues deduction authority expires upon the new text end
26.21
new text begin eventual full consolidation of the MERF account under subdivision 8.new text end
26.22
new text begin Subd. 8.new text end new text begin Eventual full consolidation.new text end new text begin (a) Once the fiscal year end market value new text end
26.23
new text begin of assets of the MERF division account equals or exceeds 80 percent of the actuarial new text end
26.24
new text begin accrued liability of the MERF division as calculated by the approved actuary retained by new text end
26.25
new text begin the Public Employees Retirement Association under section 356.215 and the Standards new text end
26.26
new text begin for Actuarial Work adopted by the Legislative Commission on Pensions and Retirement, new text end
26.27
new text begin the MERF division must be merged with the general employees retirement plan of the new text end
26.28
new text begin Public Employees Retirement Association and the MERF division account ceases as a new text end
26.29
new text begin separate account within the general employees retirement fund of the Public Employees new text end
26.30
new text begin Retirement Association.new text end
26.31
new text begin (b) If the market value of the MERF division account is less than 100 percent of the new text end
26.32
new text begin actuarial accrued liability of the MERF division under paragraph (a), the total employer new text end
26.33
new text begin contribution of employing units referenced in subdivision 7, paragraph (e), for the period new text end
26.34
new text begin after the full consolidation and June 30, 2031, to amortize on a level annual dollar payment new text end
26.35
new text begin the remaining unfunded actuarial accrued liability of the former MERF division account new text end
26.36
new text begin on the full consolidation date by June 30, 2031, shall be calculated by the consulting new text end
27.1
new text begin actuary retained under section 356.214 using the applicable postretirement interest rate new text end
27.2
new text begin actuarial assumption for the general employees retirement plan under section 356.215. new text end
27.3
new text begin The actuarial accrued liability of the MERF division must be calculated using the healthy new text end
27.4
new text begin retired life mortality assumption applicable to the general employees retirement plan.new text end
27.5
new text begin (c) The merger shall occur as of the first day of the first month after the date on new text end
27.6
new text begin which the triggering actuarial valuation report is filed with the executive director of the new text end
27.7
new text begin Legislative Commission on Pensions and Retirement.new text end
27.8
new text begin (d) The executive director of the Public Employees Retirement Association shall new text end
27.9
new text begin prepare proposed legislation fully implementing the merger and updating the applicable new text end
27.10
new text begin provisions of chapters 353 and 356 and transmit the proposed legislation to the executive new text end
27.11
new text begin director of the Legislative Commission on Pensions and Retirement by the following new text end
27.12
new text begin February 15.new text end
27.13
new text begin Subd. 9.new text end new text begin Merger of former MERF membership groups into PERA-general.new text end
27.14
new text begin If provided for in an agreement between the board of trustees of the Public Employees new text end
27.15
new text begin Retirement Association and the governing board of an employing unit formerly with new text end
27.16
new text begin retirement coverage provided for its employees by the former Minneapolis Employees new text end
27.17
new text begin Retirement Fund, an employing unit may transfer sufficient assets to the general new text end
27.18
new text begin employees retirement fund to cover the anticipated actuarial accrued liability for its new text end
27.19
new text begin current or former employees that is in excess of MERF division account assets attributable new text end
27.20
new text begin to those employees, have those employees be considered full members of the general new text end
27.21
new text begin employees retirement plan, and be relieved of any further contribution obligation to the new text end
27.22
new text begin general employees retirement plan for those employees under this section. Any agreement new text end
27.23
new text begin under this subdivision and any actuarial valuation report related to a merger under this new text end
27.24
new text begin subdivision must be submitted to the executive director of the Legislative Commission on new text end
27.25
new text begin Pensions and Retirement for comment prior to the final execution.new text end
27.26 Sec. 18. Minnesota Statutes 2008, section 353.64, subdivision 7, is amended to read:
27.27 Subd. 7.
Pension coverage for certain public safety employees of the
27.28
Metropolitan Airports Commission. Any person first employed as either a full-time
27.29firefighter or a full-time police officer by the Metropolitan Airports Commission after June
27.3030, 1978, who is not eligible for coverage under the agreement signed between the state
27.31and the secretary of the federal Department of Health and Human Services making the
27.32provisions of the federal Old Age, Survivors, and Disability Insurance Act applicable to
27.33municipal employees because that position is excluded from application pursuant to
new text begin under new text end
27.34Title 42, United States Code, Sections 418 (d) (5) (A) and 418 (d) (8) (D) and section
27.35355.07
, shall not be a member of the Minneapolis Employees Retirement Fund but shall
28.1be
new text begin is new text end a member of the public employees police and fire fund and shall be
new text begin is new text end deemed to be a
28.2firefighter or a police officer within the meaning of this section. The Metropolitan Airports
28.3Commission shall make the employer contribution required pursuant to
new text begin under new text end section
28.4353.65, subdivision 3
, with respect to each of its firefighters or police officers covered
28.5by the public employees police and fire fund and shall meet the employers recording and
28.6reporting requirements set forth in section
353.65, subdivision 4.
28.7 Sec. 19. Minnesota Statutes 2008, section 356.215, subdivision 8, is amended to read:
28.8 Subd. 8.
Interest and salary assumptions. (a) The actuarial valuation must use
28.9the applicable following preretirement interest assumption and the applicable following
28.10postretirement interest assumption:
28.11
28.12
28.13
plan
preretirement
interest rate
assumption
postretirement
interest rate
assumption
28.14
general state employees retirement plan
8.5%
6.0%
28.15
correctional state employees retirement plan
8.5
6.0
28.16
State Patrol retirement plan
8.5
6.0
28.17
legislators retirement plan
8.5
6.0
28.18
elective state officers retirement plan
8.5
6.0
28.19
judges retirement plan
8.5
6.0
28.20
general public employees retirement plan
8.5
6.0
28.21
public employees police and fire retirement plan
8.5
6.0
28.22
28.23
local government correctional service retirement
plan
8.5
6.0
28.24
teachers retirement plan
8.5
6.0
28.25
Minneapolis employees retirement plan
6.0
5.0
28.26
Duluth teachers retirement plan
8.5
8.5
28.27
St. Paul teachers retirement plan
8.5
8.5
28.28
Minneapolis Police Relief Association
6.0
6.0
28.29
Fairmont Police Relief Association
5.0
5.0
28.30
Minneapolis Fire Department Relief Association
6.0
6.0
28.31
Virginia Fire Department Relief Association
5.0
5.0
28.32
Bloomington Fire Department Relief Association
6.0
6.0
28.33
28.34
local monthly benefit volunteer firefighters relief
associations
5.0
5.0
28.35 (b) Before July 1, 2010, the actuarial valuation must use the applicable following
28.36single rate future salary increase assumption, the applicable following modified single
28.37rate future salary increase assumption, or the applicable following graded rate future
28.38salary increase assumption:
28.39 (1) single rate future salary increase assumption
29.1
29.2
plan
future salary
increase assumption
29.3
legislators retirement plan
5.0%
29.4
judges retirement plan
4.0
29.5
Minneapolis Police Relief Association
4.0
29.6
Fairmont Police Relief Association
3.5
29.7
29.8
Minneapolis Fire Department Relief
Association
4.0
29.9
Virginia Fire Department Relief Association
3.5
29.10
29.11
Bloomington Fire Department Relief
Association
4.0
29.12 (2) modified single rate future salary increase assumption
29.13
29.14
plan
future salary
increase assumption
29.15
29.16
29.17
29.18
Minneapolis employees
retirement plan
the prior calendar year amount increased
first by 1.0198 percent to prior fiscal year
date and then increased by 4.0 percent
annually for each future year
29.19 (3)
new text begin (2) new text end select and ultimate future salary increase assumption or graded rate future
29.20salary increase assumption
29.21
29.22
plan
future salary
increase assumption
29.23
29.24
general state employees retirement plan
select calculation and
assumption A
29.25
correctional state employees retirement plan
assumption H
29.26
State Patrol retirement plan
assumption G
29.27
29.28
general public employees retirement plan
select calculation and
assumption B
29.29
public employees police and fire fund retirement plan
assumption C
29.30
local government correctional service retirement plan
assumption G
29.31
teachers retirement plan
assumption D
29.32
Duluth teachers retirement plan
assumption E
29.33
St. Paul teachers retirement plan
assumption F
29.34The select calculation is: during the
29.35designated select period, a designated
29.36percentage rate is multiplied by the result of
29.37the designated integer minus T, where T is the
29.38number of completed years of service, and is
29.39added to the applicable future salary increase
29.40assumption. The designated select period is
29.41five years and the designated integer is five
29.42for the general state employees retirement
30.1plan and the general public employees
30.2retirement plan. The designated select period
30.3is ten years and the designated integer is ten
30.4for all other retirement plans covered by
30.5this clause. The designated percentage rate
30.6is: (1) 0.2 percent for the correctional state
30.7employees retirement plan, the State Patrol
30.8retirement plan, the public employees police
30.9and fire plan, and the local government
30.10correctional service plan; (2) 0.6 percent
30.11for the general state employees retirement
30.12plan and the general public employees
30.13retirement plan; and (3) 0.3 percent for the
30.14teachers retirement plan, the Duluth Teachers
30.15Retirement Fund Association, and the St.
30.16Paul Teachers Retirement Fund Association.
30.17The select calculation for the Duluth Teachers
30.18Retirement Fund Association is 8.00 percent
30.19per year for service years one through seven,
30.207.25 percent per year for service years seven
30.21and eight, and 6.50 percent per year for
30.22service years eight and nine.
30.23 The ultimate future salary increase assumption is:
30.24
age
A
B
C
D
E
F
G
H
30.25
16
5.95%
5.95%
11.00%
7.70%
8.00%
6.90%
7.7500%
7.2500%
30.26
17
5.90
5.90
11.00
7.65
8.00
6.90
7.7500
7.2500
30.27
18
5.85
5.85
11.00
7.60
8.00
6.90
7.7500
7.2500
30.28
19
5.80
5.80
11.00
7.55
8.00
6.90
7.7500
7.2500
30.29
20
5.75
5.40
11.00
5.50
6.90
6.90
7.7500
7.2500
30.30
21
5.75
5.40
11.00
5.50
6.90
6.90
7.1454
6.6454
30.31
22
5.75
5.40
10.50
5.50
6.90
6.90
7.0725
6.5725
30.32
23
5.75
5.40
10.00
5.50
6.85
6.85
7.0544
6.5544
30.33
24
5.75
5.40
9.50
5.50
6.80
6.80
7.0363
6.5363
30.34
25
5.75
5.40
9.00
5.50
6.75
6.75
7.0000
6.5000
30.35
26
5.75
5.36
8.70
5.50
6.70
6.70
7.0000
6.5000
30.36
27
5.75
5.32
8.40
5.50
6.65
6.65
7.0000
6.5000
30.37
28
5.75
5.28
8.10
5.50
6.60
6.60
7.0000
6.5000
30.38
29
5.75
5.24
7.80
5.50
6.55
6.55
7.0000
6.5000
30.39
30
5.75
5.20
7.50
5.50
6.50
6.50
7.0000
6.5000
31.1
31
5.75
5.16
7.30
5.50
6.45
6.45
7.0000
6.5000
31.2
32
5.75
5.12
7.10
5.50
6.40
6.40
7.0000
6.5000
31.3
33
5.75
5.08
6.90
5.50
6.35
6.35
7.0000
6.5000
31.4
34
5.75
5.04
6.70
5.50
6.30
6.30
7.0000
6.5000
31.5
35
5.75
5.00
6.50
5.50
6.25
6.25
7.0000
6.5000
31.6
36
5.75
4.96
6.30
5.50
6.20
6.20
6.9019
6.4019
31.7
37
5.75
4.92
6.10
5.50
6.15
6.15
6.8074
6.3074
31.8
38
5.75
4.88
5.90
5.40
6.10
6.10
6.7125
6.2125
31.9
39
5.75
4.84
5.70
5.30
6.05
6.05
6.6054
6.1054
31.10
40
5.75
4.80
5.50
5.20
6.00
6.00
6.5000
6.0000
31.11
41
5.75
4.76
5.40
5.10
5.90
5.95
6.3540
5.8540
31.12
42
5.75
4.72
5.30
5.00
5.80
5.90
6.2087
5.7087
31.13
43
5.65
4.68
5.20
4.90
5.70
5.85
6.0622
5.5622
31.14
44
5.55
4.64
5.10
4.80
5.60
5.80
5.9048
5.4078
31.15
45
5.45
4.60
5.00
4.70
5.50
5.75
5.7500
5.2500
31.16
46
5.35
4.56
4.95
4.60
5.40
5.70
5.6940
5.1940
31.17
47
5.25
4.52
4.90
4.50
5.30
5.65
5.6375
5.1375
31.18
48
5.15
4.48
4.85
4.50
5.20
5.60
5.5822
5.0822
31.19
49
5.05
4.44
4.80
4.50
5.10
5.55
5.5404
5.0404
31.20
50
4.95
4.40
4.75
4.50
5.00
5.50
5.5000
5.0000
31.21
51
4.85
4.36
4.75
4.50
4.90
5.45
5.4384
4.9384
31.22
52
4.75
4.32
4.75
4.50
4.80
5.40
5.3776
4.8776
31.23
53
4.65
4.28
4.75
4.50
4.70
5.35
5.3167
4.8167
31.24
54
4.55
4.24
4.75
4.50
4.60
5.30
5.2826
4.7826
31.25
55
4.45
4.20
4.75
4.50
4.50
5.25
5.2500
4.7500
31.26
56
4.35
4.16
4.75
4.50
4.40
5.20
5.2500
4.7500
31.27
57
4.25
4.12
4.75
4.50
4.30
5.15
5.2500
4.7500
31.28
58
4.25
4.08
4.75
4.60
4.20
5.10
5.2500
4.7500
31.29
59
4.25
4.04
4.75
4.70
4.10
5.05
5.2500
4.7500
31.30
60
4.25
4.00
4.75
4.80
4.00
5.00
5.2500
4.7500
31.31
61
4.25
4.00
4.75
4.90
3.90
5.00
5.2500
4.7500
31.32
62
4.25
4.00
4.75
5.00
3.80
5.00
5.2500
4.7500
31.33
63
4.25
4.00
4.75
5.10
3.70
5.00
5.2500
4.7500
31.34
64
4.25
4.00
4.75
5.20
3.60
5.00
5.2500
4.7500
31.35
65
4.25
4.00
4.75
5.20
3.50
5.00
5.2500
4.7500
31.36
66
4.25
4.00
4.75
5.20
3.50
5.00
5.2500
4.7500
31.37
67
4.25
4.00
4.75
5.20
3.50
5.00
5.2500
4.7500
31.38
68
4.25
4.00
4.75
5.20
3.50
5.00
5.2500
4.7500
31.39
69
4.25
4.00
4.75
5.20
3.50
5.00
5.2500
4.7500
31.40
70
4.25
4.00
4.75
5.20
3.50
5.00
5.2500
4.7500
31.41
71
4.25
4.00
5.20
31.42 (c) Before July 2, 2010, the actuarial valuation must use the applicable following
31.43payroll growth assumption for calculating the amortization requirement for the unfunded
32.1actuarial accrued liability where the amortization retirement is calculated as a level
32.2percentage of an increasing payroll:
32.3
32.4
plan
payroll growth
assumption
32.5
general state employees retirement plan
4.50%
32.6
correctional state employees retirement plan
4.50
32.7
State Patrol retirement plan
4.50
32.8
legislators retirement plan
4.50
32.9
judges retirement plan
4.00
32.10
general public employees retirement plan
4.50
32.11
public employees police and fire retirement plan
4.50
32.12
32.13
local government correctional service retirement
plan
4.50
32.14
teachers retirement plan
4.50
32.15
Duluth teachers retirement plan
4.50
32.16
St. Paul teachers retirement plan
5.00
32.17 (d) After July 1, 2010, the assumptions set forth in paragraphs (b) and (c) continue to
32.18apply, unless a different salary assumption or a different payroll increase assumption:
32.19 (1) has been proposed by the governing board of the applicable retirement plan;
32.20 (2) is accompanied by the concurring recommendation of the actuary retained under
32.21section
356.214, subdivision 1, if applicable, or by the approved actuary preparing the
32.22most recent actuarial valuation report if section
356.214 does not apply; and
32.23 (3) has been approved or deemed approved under subdivision 18.
32.24 Sec. 20. Minnesota Statutes 2009 Supplement, section 356.215, subdivision 11,
32.25is amended to read:
32.26 Subd. 11.
Amortization contributions. (a) In addition to the exhibit indicating
32.27the level normal cost, the actuarial valuation of the retirement plan must contain an
32.28exhibit for financial reporting purposes indicating the additional annual contribution
32.29sufficient to amortize the unfunded actuarial accrued liability and must contain an exhibit
32.30for contribution determination purposes indicating the additional contribution sufficient
32.31to amortize the unfunded actuarial accrued liability. For the retirement plans listed in
32.32subdivision 8, paragraph (c),
new text begin but excluding the MERF division of the Public Employees new text end
32.33
new text begin Retirement Association, new text end the additional contribution must be calculated on a level
32.34percentage of covered payroll basis by the established date for full funding in effect when
32.35the valuation is prepared, assuming annual payroll growth at the applicable percentage
32.36rate set forth in subdivision 8, paragraph (c). For all other retirement plans
new text begin and for the new text end
32.37
new text begin MERF division of the Public Employees Retirement Associationnew text end , the additional annual
32.38contribution must be calculated on a level annual dollar amount basis.
33.1 (b) For any retirement plan other than the Minneapolis Employees Retirement Fund,
33.2the general employees
new text begin a new text end retirement plan of the Public Employees Retirement Association,
33.3and the St. Paul Teachers Retirement Fund Association
new text begin governed by paragraph (d), (e), new text end
33.4
new text begin (f), (g), (h), (i), or (j)new text end , if there has not been a change in the actuarial assumptions used
33.5for calculating the actuarial accrued liability of the fund, a change in the benefit plan
33.6governing annuities and benefits payable from the fund, a change in the actuarial cost
33.7method used in calculating the actuarial accrued liability of all or a portion of the fund, or
33.8a combination of the three, which change or changes by itself or by themselves without
33.9inclusion of any other items of increase or decrease produce a net increase in the unfunded
33.10actuarial accrued liability of the fund, the established date for full funding is the first
33.11actuarial valuation date occurring after June 1, 2020.
33.12 (c) For any retirement plan other than the Minneapolis Employees Retirement
33.13Fund and the general employees retirement plan of the Public Employees Retirement
33.14Association, if there has been a change in any or all of the actuarial assumptions used
33.15for calculating the actuarial accrued liability of the fund, a change in the benefit plan
33.16governing annuities and benefits payable from the fund, a change in the actuarial cost
33.17method used in calculating the actuarial accrued liability of all or a portion of the fund,
33.18or a combination of the three, and the change or changes, by itself or by themselves and
33.19without inclusion of any other items of increase or decrease, produce a net increase in the
33.20unfunded actuarial accrued liability in the fund, the established date for full funding must
33.21be determined using the following procedure:
33.22 (i) the unfunded actuarial accrued liability of the fund must be determined in
33.23accordance with the plan provisions governing annuities and retirement benefits and the
33.24actuarial assumptions in effect before an applicable change;
33.25 (ii) the level annual dollar contribution or level percentage, whichever is applicable,
33.26needed to amortize the unfunded actuarial accrued liability amount determined under item
33.27(i) by the established date for full funding in effect before the change must be calculated
33.28using the interest assumption specified in subdivision 8 in effect before the change;
33.29 (iii) the unfunded actuarial accrued liability of the fund must be determined in
33.30accordance with any new plan provisions governing annuities and benefits payable from
33.31the fund and any new actuarial assumptions and the remaining plan provisions governing
33.32annuities and benefits payable from the fund and actuarial assumptions in effect before
33.33the change;
33.34 (iv) the level annual dollar contribution or level percentage, whichever is applicable,
33.35needed to amortize the difference between the unfunded actuarial accrued liability amount
33.36calculated under item (i) and the unfunded actuarial accrued liability amount calculated
34.1under item (iii) over a period of 30 years from the end of the plan year in which the
34.2applicable change is effective must be calculated using the applicable interest assumption
34.3specified in subdivision 8 in effect after any applicable change;
34.4 (v) the level annual dollar or level percentage amortization contribution under item
34.5(iv) must be added to the level annual dollar amortization contribution or level percentage
34.6calculated under item (ii);
34.7 (vi) the period in which the unfunded actuarial accrued liability amount determined
34.8in item (iii) is amortized by the total level annual dollar or level percentage amortization
34.9contribution computed under item (v) must be calculated using the interest assumption
34.10specified in subdivision 8 in effect after any applicable change, rounded to the nearest
34.11integral number of years, but not to exceed 30 years from the end of the plan year in
34.12which the determination of the established date for full funding using the procedure set
34.13forth in this clause is made and not to be less than the period of years beginning in the
34.14plan year in which the determination of the established date for full funding using the
34.15procedure set forth in this clause is made and ending by the date for full funding in effect
34.16before the change; and
34.17 (vii) the period determined under item (vi) must be added to the date as of which
34.18the actuarial valuation was prepared and the date obtained is the new established date
34.19for full funding.
34.20 (d) For the Minneapolis Employees Retirement Fund
new text begin MERF division of the Public new text end
34.21
new text begin Employees Retirement Associationnew text end , the established date for full funding is June 30, 2020
new text begin new text end
34.22
new text begin 2031new text end .
34.23 (e) For the general employees retirement plan of the Public Employees Retirement
34.24Association, the established date for full funding is June 30, 2031.
34.25 (f) For the Teachers Retirement Association, the established date for full funding is
34.26June 30, 2037.
34.27 (g) For the correctional state employees retirement plan of the Minnesota State
34.28Retirement System, the established date for full funding is June 30, 2038.
34.29 (h) For the judges retirement plan, the established date for full funding is June
34.3030, 2038.
34.31 (i) For the public employees police and fire retirement plan, the established date
34.32for full funding is June 30, 2038.
34.33 (j) For the St. Paul Teachers Retirement Fund Association, the established date for
34.34full funding is June 30 of the 25th year from the valuation date. In addition to other
34.35requirements of this chapter, the annual actuarial valuation shall contain an exhibit
34.36indicating the funded ratio and the deficiency or sufficiency in annual contributions when
35.1comparing liabilities to the market value of the assets of the fund as of the close of the
35.2most recent fiscal year.
35.3 (k) For the retirement plans for which the annual actuarial valuation indicates an
35.4excess of valuation assets over the actuarial accrued liability, the valuation assets in
35.5excess of the actuarial accrued liability must be recognized as a reduction in the current
35.6contribution requirements by an amount equal to the amortization of the excess expressed
35.7as a level percentage of pay over a 30-year period beginning anew with each annual
35.8actuarial valuation of the plan.
35.9 Sec. 21. Minnesota Statutes 2008, section 422A.101, subdivision 3, is amended to read:
35.10 Subd. 3.
State contributions. (a) Subject to the limitation set forth in paragraph
35.11(c), the state shall pay to the
new text begin MERF division account of the Public Employees Retirement new text end
35.12
new text begin Association with respect to the former new text end Minneapolis Employees Retirement Fund annually
35.13an amount equal to the amount calculated under paragraph (b).
35.14 (b) The payment amount is an amount equal to the financial requirements of the
35.15Minneapolis Employees Retirement Fund
new text begin MERF division of the Public Employees new text end
35.16
new text begin Retirement Association new text end reported in the actuarial valuation of the fund
new text begin general employees new text end
35.17
new text begin retirement plan of the Public Employees Retirement Association new text end prepared by the actuary
35.18retained under section
356.214 consistent with section
356.215 for the most recent year
35.19but based on a target date for full amortization of the unfunded actuarial accrued liabilities
35.20by June 30, 2020
new text begin 2031new text end , less the amount of employee contributions required under section
35.21422A.10
new text begin 353.50, subdivision 7, paragraph (b)new text end , and the amount of employer contributions
35.22required under subdivisions 1a, 2, and 2a
new text begin section 353.50, subdivision 7, paragraphs (c) new text end
35.23
new text begin and (d)new text end . Payments shall
new text begin must new text end be made September 15 annually.
35.24 (c) The annual state contribution under this subdivision may not exceed $9,000,000,
35.25plus the cost of the annual supplemental benefit determined under
new text begin Minnesota Statutes new text end
35.26
new text begin 2008, new text end section
356.43new text begin , through June 30, 2012, and may not exceed $9,000,000, plus the new text end
35.27
new text begin cost of the annual supplemental benefit determined under Minnesota Statutes 2008, section new text end
35.28
new text begin 356.43, plus $....... annually after June 30, 2012, and until June 30, 2031new text end .
35.29 (d)
new text begin Annually and after June 30, 2012,new text end if the amount determined under paragraph
35.30(b) exceeds $9,000,000
new text begin the applicable maximum amount specified in paragraph (c)new text end ,
35.31the excess must be allocated to and paid to the fund by the employers identified in
35.32
new text begin Minnesota Statutes 2008, section 422A.101, new text end subdivisions 1a and
new text begin ,new text end 2,
new text begin and 2a new text end other than
35.33units of metropolitan government. Each employer's share of the excess is proportionate
35.34to the employer's share of the fund's unfunded actuarial accrued liability as disclosed in
35.35the annual actuarial valuation prepared by the actuary retained under section
356.214
36.1compared to the total unfunded actuarial accrued liability
new text begin as of July 1, 2009, new text end attributed
36.2to all employers identified in
new text begin Minnesota Statutes 2008, section 422A.101, new text end subdivisions
36.31a and 2, other than units of metropolitan government. Payments must be made in equal
36.4installments as set forth in paragraph (b).
36.5
new text begin (e) State contributions under this section end on September 15, 2031, or on new text end
36.6
new text begin September 1 following the first date on which the current assets of the MERF division new text end
36.7
new text begin of the Public Employees Retirement Association equal or exceed the actuarial accrued new text end
36.8
new text begin liability of the MERF division of the Public Employees Retirement Association, new text end
36.9
new text begin whichever occurs earlier.new text end
36.10 Sec. 22. Minnesota Statutes 2008, section 422A.26, is amended to read:
36.11
422A.26 COVERAGE BY THE PUBLIC EMPLOYEES RETIREMENT
36.12
ASSOCIATION.
36.13Notwithstanding section
, or any other law to the contrary, any person
36.14whose employment by, or assumption of a position as an appointed or elected officer
36.15of, the city of Minneapolis, any of the boards, departments, or commissions operated
36.16as a department of the city of Minneapolis or independently if financed in whole or in
36.17part by funds of the city of Minneapolis, the Metropolitan Airports Commission, the
36.18
new text begin former new text end Minneapolis Employees Retirement Fund, or Special School District Number 1 if
36.19the person is not a member of the Minneapolis Teachers Retirement Fund Association
36.20by virtue of that employment or position, initially commences on or after July 1, 1979
36.21shall be
new text begin is new text end a member of the
new text begin general employees retirement plan of the new text end Public Employees
36.22Retirement Association unless excluded from membership pursuant to
new text begin under new text end section
36.23353.01, subdivision 2b
. In no event shall there be any new members of the contributing
36.24class of the Minneapolis employees fund on or after July 1, 1979.
36.25 Sec. 23.
new text begin JULY 1, 2010, MERF DIVISION ACTUARIAL VALUATION new text end
36.26
new text begin ASSUMPTIONS.new text end
36.27
new text begin The approved actuary retained by the Minneapolis Employees Retirement Fund shall new text end
36.28
new text begin compare the actuarial assumptions to be used for the July 1, 2010, actuarial valuation of new text end
36.29
new text begin the general employees retirement plan of the Public Employees Retirement Association new text end
36.30
new text begin with the actuarial assumptions used to prepare the July 1, 2009, actuarial valuation of the new text end
36.31
new text begin Minneapolis Employees Retirement Fund and, on or before July 1, 2010, shall recommend new text end
36.32
new text begin to the approved actuary retained by the Public Employees Retirement Association and to new text end
36.33
new text begin the Legislative Commission on Pensions and Retirement the actuarial assumptions that new text end
36.34
new text begin the actuary believes would be appropriate for the MERF division portion of the actuarial new text end
37.1
new text begin valuation of the general employees retirement plan of the Public Employees Retirement new text end
37.2
new text begin Association. Any actuarial assumption changes related to the MERF division must be new text end
37.3
new text begin approved under Minnesota Statutes, section 356.215, subdivision 18.new text end
37.4 Sec. 24.
new text begin MINNEAPOLIS MUNICIPAL RETIREMENT ASSOCIATION.new text end
37.5
new text begin (a) The administrative consolidation of the former Minneapolis Employees new text end
37.6
new text begin Retirement Fund into the general employees retirement plan of the Public Employees new text end
37.7
new text begin Retirement Association and the merger of the MERF division of the Public Employees new text end
37.8
new text begin Retirement Association into the general employees retirement plan of the Public new text end
37.9
new text begin Employees Retirement Association does not affect the function of the Minneapolis new text end
37.10
new text begin Municipal Retirement Association, a nonprofit corporation, to monitor the administration new text end
37.11
new text begin of the retirement coverage for former members of the former Minneapolis Employees new text end
37.12
new text begin Retirement Fund.new text end
37.13
new text begin (b) Nothing in this article entitles the Minneapolis Municipal Retirement Association new text end
37.14
new text begin to receive any revenue derived from taxes or obligates the Public Employees Retirement new text end
37.15
new text begin Association to undertake any special duties with respect to the corporation.new text end
37.16 Sec. 25.
new text begin TRANSFER OF MERF EMPLOYEES.new text end
37.17
new text begin (a) Unless the employee elects the severance pay option under paragraph (c), new text end
37.18
new text begin full-time employees of the Minneapolis Employees Retirement Fund first employed new text end
37.19
new text begin before June 30, 2008, and employed full time by the Minneapolis Employees Retirement new text end
37.20
new text begin Fund on June 29, 2010, with the employment title of benefits coordinator, are transferred new text end
37.21
new text begin to employment by the city of Minneapolis on July 1, 2010. The chief human relations new text end
37.22
new text begin official of the city of Minneapolis shall place the transferred employee in an appropriate new text end
37.23
new text begin employment position based on the employee's education and employment experience. The new text end
37.24
new text begin transferred employee must have their accumulated, but unused, vacation and sick leave new text end
37.25
new text begin balances as of June 30, 2010, posted to the individual accounts with the new employer. new text end
37.26
new text begin The transferred employees must receive length of service credit for time served with the new text end
37.27
new text begin Minneapolis Employees Retirement Fund. The transferred employee must be given the new text end
37.28
new text begin opportunity as of the date of transfer to be covered for all health and other insurance new text end
37.29
new text begin benefits offered by the new employer. Upon the transfer of the employee, the Minneapolis new text end
37.30
new text begin Employees Retirement Fund shall transfer assets to the city of Minneapolis equal to the new text end
37.31
new text begin present value of any accumulated unused vacation or sick leave balances as of the date new text end
37.32
new text begin of transfer.new text end
37.33
new text begin (b) Unless the employee elects the severance pay option under paragraph (c), new text end
37.34
new text begin full-time employees of the Minneapolis Employees Retirement Fund first employed before new text end
38.1
new text begin June 30, 2008, and employed full time by the Minneapolis Employees Retirement Fund new text end
38.2
new text begin on June 29, 2010, with the employment title of accounting manager or accountant II are new text end
38.3
new text begin transferred to employment by the Public Employees Retirement Association on July 1, new text end
38.4
new text begin 2010. The chief human relations official of the Public Employees Retirement Association new text end
38.5
new text begin shall place the transferred employee in an appropriate employment position based on the new text end
38.6
new text begin employee's education and employment experience. The transferred employee must have new text end
38.7
new text begin their accumulated, but unused, vacation and sick leave balances as of June 30, 2010, new text end
38.8
new text begin posted to the individual accounts with the new employer. The transferred employees new text end
38.9
new text begin must receive length of service credit for time served with the Minneapolis Employees new text end
38.10
new text begin Retirement Fund. The transferred employee must be given the opportunity as of the new text end
38.11
new text begin date of transfer to be covered for all health and other insurance benefits offered by the new text end
38.12
new text begin new employer. Upon the transfer of the employee, the executive director of the Public new text end
38.13
new text begin Employees Retirement Association shall deduct from any assets transferred under section new text end
38.14
new text begin 353.50 an amount equal to the present value of any accumulated unused vacation or sick new text end
38.15
new text begin leave balances as of the date of transfer.new text end
38.16
new text begin (c) An employee covered by paragraph (a) or (b) who elects not to transfer to the new text end
38.17
new text begin new employer unit is granted severance pay in an amount equivalent to one year of salary new text end
38.18
new text begin based on the last annual salary rate received by the employee. The election must be new text end
38.19
new text begin made prior to June 30, 2010, and is irrevocable. The severance pay is payable from the new text end
38.20
new text begin Minneapolis Employees Retirement Fund on June 30, 2010.new text end
38.21 Sec. 26.
new text begin REVISOR'S INSTRUCTION.new text end
38.22
new text begin In the next and future editions of Minnesota Statutes, the revisor of statutes shall new text end
38.23
new text begin renumber Minnesota Statutes, section 422A.101, subdivision 3, as Minnesota Statutes, new text end
38.24
new text begin section 353.505, and shall renumber Minnesota Statutes, section 422A.26, as Minnesota new text end
38.25
new text begin Statutes, section 353.855. The revisor of statutes shall make conforming changes in new text end
38.26
new text begin Minnesota Statutes and Minnesota Rules consistent with the renumbering.new text end
38.27 Sec. 27.
new text begin REPEALER.new text end
38.28
new text begin Minnesota Statutes 2008, sections 13.63, subdivision 1; 69.011, subdivision 2a; new text end
38.29
new text begin 356.43; 422A.01, subdivisions 1, 2, 3, 4, 4a, 5, 6, 7, 8, 9, 10, 11, 12, 13a, 17, and 18; new text end
38.30
new text begin 422A.02; 422A.03; 422A.04; 422A.05, subdivisions 1, 2a, 2b, 2c, 2d, 2e, 2f, 5, 6, new text end
38.31
new text begin and 8; 422A.06, subdivisions 1, 2, 3, 5, 6, and 7; 422A.08, subdivision 1; 422A.09; new text end
38.32
new text begin 422A.10; 422A.101, subdivisions 1, 1a, 2, and 2a; 422A.11; 422A.12; 422A.13; 422A.14, new text end
38.33
new text begin subdivision 1; 422A.15; 422A.151; 422A.155; 422A.156; 422A.16, subdivisions 1, 2, 3, new text end
38.34
new text begin 4, 5, 6, 7, 8, 9, and 10; 422A.17; 422A.18, subdivisions 1, 2, 3, 4, 5, and 7; 422A.19; new text end
39.1
new text begin 422A.20; 422A.21; 422A.22, subdivisions 1, 3, 4, and 6; 422A.23, subdivisions 1, 2, 5, 6, new text end
39.2
new text begin 7, 8, 9, 10, 11, and 12; 422A.231; 422A.24; and 422A.25,new text end new text begin are repealed.new text end
39.3
new text begin Minnesota Statutes 2009 Supplement, sections 422A.06, subdivision 8; and new text end
39.4
new text begin 422A.08, subdivision 5,new text end new text begin are repealed.new text end
39.5 Sec. 28.
new text begin EFFECTIVE DATE.new text end
39.6
new text begin Sections 1 to 27 are effective June 30, 2010.new text end
39.7
ARTICLE 2
39.8
CONFORMING CHANGES
39.9 Section 1. Minnesota Statutes 2009 Supplement, section 6.67, is amended to read:
39.10
6.67 PUBLIC ACCOUNTANTS; REPORT OF POSSIBLE MISCONDUCT.
39.11 Whenever a public accountant in the course of auditing the books and affairs of a
39.12political subdivision or a local public pension plan governed by section
69.77, sections
39.1369.771
to
69.775, or chapter 354A, 422A, 423B, 423C, or 424A, discovers evidence
39.14pointing to nonfeasance, misfeasance, or malfeasance, on the part of an officer or
39.15employee in the conduct of duties and affairs, the public accountant shall promptly make
39.16a report of such discovery to the state auditor and the county attorney of the county in
39.17which the governmental unit is situated and the public accountant shall also furnish a
39.18copy of the report of audit upon completion to said officers. The county attorney shall
39.19act on such report in the same manner as required by law for reports made to the county
39.20attorney by the state auditor.
39.21 Sec. 2. Minnesota Statutes 2008, section 11A.23, subdivision 4, is amended to read:
39.22 Subd. 4.
Covered retirement funds and plans. The provisions of this section shall
39.23apply to the following retirement funds and plans:
39.24(1) Board of Trustees of the Minnesota State Colleges and Universities supplemental
39.25retirement plan established under chapter 354C;
39.26(2) state employees retirement fund established pursuant to chapter 352;
39.27(3) correctional employees retirement plan established pursuant to chapter 352;
39.28(4) State Patrol retirement fund established pursuant to chapter 352B;
39.29(5) unclassified employees retirement plan established pursuant to chapter 352D;
39.30(6) public
new text begin generalnew text end employees retirement fund established pursuant to chapter 353;
39.31(7) public employees police and fire fund established pursuant to chapter 353;
39.32(8) teachers' retirement fund established pursuant to chapter 354;
40.1(9) judges' retirement fund established pursuant to chapter 490; and
40.2(10) any other funds required by law to be invested by the board.
40.3 Sec. 3. Minnesota Statutes 2008, section 13D.01, subdivision 1, is amended to read:
40.4 Subdivision 1.
In executive branch, local government. All meetings, including
40.5executive sessions, must be open to the public
40.6(a) of a state
40.7(1) agency,
40.8(2) board,
40.9(3) commission, or
40.10(4) department,
40.11when required or permitted by law to transact public business in a meeting;
40.12(b) of the governing body of a
40.13(1) school district however organized,
40.14(2) unorganized territory,
40.15(3) county,
40.16(4) statutory or home rule charter city,
40.17(5) town, or
40.18(6) other public body;
40.19(c) of any
40.20(1) committee,
40.21(2) subcommittee,
40.22(3) board,
40.23(4) department, or
40.24(5) commission,
40.25of a public body; and
40.26(d) of the governing body or a committee of:
40.27(1) a statewide public pension plan defined in section
356A.01, subdivision 24; or
40.28(2) a local public pension plan governed by section
69.77, sections
69.771 to
69.775,
40.29or chapter 354A, 422A, or 423B.
40.30 Sec. 4. Minnesota Statutes 2008, section 43A.17, subdivision 9, is amended to read:
40.31 Subd. 9.
Political subdivision compensation limit. (a) The salary and the value of
40.32all other forms of compensation of a person employed by a political subdivision of this
40.33state, excluding a school district, or employed under section
may not exceed 110
40.34percent of the salary of the governor as set under section
15A.082, except as provided
41.1in this subdivision. For purposes of this subdivision, "political subdivision of this state"
41.2includes a statutory or home rule charter city, county, town, metropolitan or regional
41.3agency, or other political subdivision, but does not include a hospital, clinic, or health
41.4maintenance organization owned by such a governmental unit.
41.5(b) Beginning in 2006, the limit in paragraph (a) shall be adjusted annually in
41.6January. The limit shall equal the limit for the prior year increased by the percentage
41.7increase, if any, in the Consumer Price Index for all-urban consumers from October of the
41.8second prior year to October of the immediately prior year.
41.9(c) Deferred compensation and payroll allocations to purchase an individual annuity
41.10contract for an employee are included in determining the employee's salary. Other forms
41.11of compensation which shall be included to determine an employee's total compensation
41.12are all other direct and indirect items of compensation which are not specifically excluded
41.13by this subdivision. Other forms of compensation which shall not be included in a
41.14determination of an employee's total compensation for the purposes of this subdivision are:
41.15(1) employee benefits that are also provided for the majority of all other full-time
41.16employees of the political subdivision, vacation and sick leave allowances, health and
41.17dental insurance, disability insurance, term life insurance, and pension benefits or like
41.18benefits the cost of which is borne by the employee or which is not subject to tax as
41.19income under the Internal Revenue Code of 1986;
41.20(2) dues paid to organizations that are of a civic, professional, educational, or
41.21governmental nature; and
41.22(3) reimbursement for actual expenses incurred by the employee which the
41.23governing body determines to be directly related to the performance of job responsibilities,
41.24including any relocation expenses paid during the initial year of employment.
41.25The value of other forms of compensation shall be the annual cost to the political
41.26subdivision for the provision of the compensation.
41.27(d) The salary of a medical doctor or doctor of osteopathy occupying a position that
41.28the governing body of the political subdivision has determined requires an M.D. or D.O.
41.29degree is excluded from the limitation in this subdivision.
41.30(e) The commissioner may increase the limitation in this subdivision for a position
41.31that the commissioner has determined requires special expertise necessitating a higher
41.32salary to attract or retain a qualified person. The commissioner shall review each
41.33proposed increase giving due consideration to salary rates paid to other persons with
41.34similar responsibilities in the state and nation. The commissioner may not increase the
41.35limitation until the commissioner has presented the proposed increase to the Legislative
41.36Coordinating Commission and received the commission's recommendation on it. The
42.1recommendation is advisory only. If the commission does not give its recommendation
42.2on a proposed increase within 30 days from its receipt of the proposal, the commission
42.3is deemed to have made no recommendation. If the commissioner grants or granted an
42.4increase under this paragraph, the new limitation shall be adjusted beginning in August
42.52005 and in each subsequent calendar year in January by the percentage increase equal to
42.6the percentage increase, if any, in the Consumer Price Index for all-urban consumers from
42.7October of the second prior year to October of the immediately prior year.
42.8 Sec. 5. Minnesota Statutes 2008, section 43A.316, subdivision 8, is amended to read:
42.9 Subd. 8.
Continuation of coverage. (a) A former employee of an employer
42.10participating in the program who is receiving a public pension disability benefit or an
42.11annuity or has met the age and service requirements necessary to receive an annuity under
42.12chapter 353, 353C, 354, 354A, 356, 422A, 423, 423A, or 424,
new text begin or Minnesota Statutes new text end
42.13
new text begin 2008, chapter 422A, new text end and the former employee's dependents, are eligible to participate in
42.14the program. This participation is at the person's expense unless a collective bargaining
42.15agreement or personnel policy provides otherwise. Premiums for these participants must
42.16be established by the commissioner.
42.17The commissioner may provide policy exclusions for preexisting conditions
42.18only when there is a break in coverage between a participant's coverage under the
42.19employment-based group insurance program and the participant's coverage under this
42.20section. An employer shall notify an employee of the option to participate under this
42.21paragraph no later than the effective date of retirement. The retired employee or the
42.22employer of a participating group on behalf of a current or retired employee shall notify
42.23the commissioner within 30 days of the effective date of retirement of intent to participate
42.24in the program according to the rules established by the commissioner.
42.25(b) The spouse of a deceased employee or former employee may purchase the
42.26benefits provided at premiums established by the commissioner if the spouse was a
42.27dependent under the employee's or former employee's coverage under this section at the
42.28time of the death. The spouse remains eligible to participate in the program as long as
42.29the group that included the deceased employee or former employee participates in the
42.30program. Coverage under this clause must be coordinated with relevant insurance benefits
42.31provided through the federally sponsored Medicare program.
42.32(c) The program benefits must continue in the event of strike permitted by section
42.33179A.18
, if the exclusive representative chooses to have coverage continue and the
42.34employee pays the total monthly premiums when due.
42.35(d) A participant who discontinues coverage may not reenroll.
43.1Persons participating under these paragraphs shall make appropriate premium
43.2payments in the time and manner established by the commissioner.
43.3 Sec. 6. Minnesota Statutes 2009 Supplement, section 69.011, subdivision 1, is
43.4amended to read:
43.5 Subdivision 1.
Definitions. Unless the language or context clearly indicates that
43.6a different meaning is intended, the following words and terms, for the purposes of this
43.7chapter and chapters 423, 423A, 424 and 424A, have the meanings ascribed to them:
43.8 (a) "Commissioner" means the commissioner of revenue.
43.9 (b) "Municipality" means:
43.10 (1) a home rule charter or statutory city;
43.11 (2) an organized town;
43.12 (3) a park district subject to chapter 398;
43.13 (4) the University of Minnesota;
43.14 (5) for purposes of the fire state aid program only, an American Indian tribal
43.15government entity located within a federally recognized American Indian reservation;
43.16 (6) for purposes of the police state aid program only, an American Indian tribal
43.17government with a tribal police department which exercises state arrest powers under
43.18section
626.90,
626.91,
626.92, or
626.93;
43.19 (7) for purposes of the police state aid program only, the Metropolitan Airports
43.20Commission with respect to peace officers covered under chapter 422A; and
43.21 (8) for purposes of the police state aid program only, the Department of Natural
43.22Resources and the Department of Public Safety with respect to peace officers covered
43.23under chapter 352B.
43.24 (c) "Minnesota Firetown Premium Report" means a form prescribed by the
43.25commissioner containing space for reporting by insurers of fire, lightning, sprinkler
43.26leakage and extended coverage premiums received upon risks located or to be performed
43.27in this state less return premiums and dividends.
43.28 (d) "Firetown" means the area serviced by any municipality having a qualified fire
43.29department or a qualified incorporated fire department having a subsidiary volunteer
43.30firefighters' relief association.
43.31 (e) "Market value" means latest available market value of all property in a taxing
43.32jurisdiction, whether the property is subject to taxation, or exempt from ad valorem
43.33taxation obtained from information which appears on abstracts filed with the commissioner
43.34of revenue or equalized by the State Board of Equalization.
44.1 (f) "Minnesota Aid to Police Premium Report" means a form prescribed by the
44.2commissioner for reporting by each fire and casualty insurer of all premiums received
44.3upon direct business received by it in this state, or by its agents for it, in cash or otherwise,
44.4during the preceding calendar year, with reference to insurance written for insuring against
44.5the perils contained in auto insurance coverages as reported in the Minnesota business
44.6schedule of the annual financial statement which each insurer is required to file with
44.7the commissioner in accordance with the governing laws or rules less return premiums
44.8and dividends.
44.9 (g) "Peace officer" means any person:
44.10 (1) whose primary source of income derived from wages is from direct employment
44.11by a municipality or county as a law enforcement officer on a full-time basis of not less
44.12than 30 hours per week;
44.13 (2) who has been employed for a minimum of six months prior to December 31
44.14preceding the date of the current year's certification under subdivision 2, clause (b);
44.15 (3) who is sworn to enforce the general criminal laws of the state and local
44.16ordinances;
44.17 (4) who is licensed by the Peace Officers Standards and Training Board and is
44.18authorized to arrest with a warrant; and
44.19 (5) who is a member of a local police relief association to which section
69.77
44.20applies
new text begin the Minneapolis Police Relief Associationnew text end , the State Patrol retirement plan,
new text begin or new text end the
44.21public employees police and fire fund, or the Minneapolis Employees Retirement Fund.
44.22 (h) "Full-time equivalent number of peace officers providing contract service" means
44.23the integral or fractional number of peace officers which would be necessary to provide
44.24the contract service if all peace officers providing service were employed on a full-time
44.25basis as defined by the employing unit and the municipality receiving the contract service.
44.26 (i) "Retirement benefits other than a service pension" means any disbursement
44.27authorized under section
424A.05, subdivision 3, clauses (2) and (3).
44.28 (j) "Municipal clerk, municipal clerk-treasurer, or county auditor" means the person
44.29who was elected or appointed to the specified position or, in the absence of the person,
44.30another person who is designated by the applicable governing body. In a park district,
44.31the clerk is the secretary of the board of park district commissioners. In the case of the
44.32University of Minnesota, the clerk is that official designated by the Board of Regents.
44.33For the Metropolitan Airports Commission, the clerk is the person designated by the
44.34commission. For the Department of Natural Resources or the Department of Public Safety,
44.35the clerk is the respective commissioner. For a tribal police department which exercises
45.1state arrest powers under section
626.90,
626.91,
626.92, or
626.93, the clerk is the person
45.2designated by the applicable American Indian tribal government.
45.3(k) "Voluntary statewide lump-sum volunteer firefighter retirement plan" means the
45.4retirement plan established by chapter 353G.
45.5 Sec. 7. Minnesota Statutes 2008, section 69.021, subdivision 10, is amended to read:
45.6 Subd. 10.
Reduction in police state aid apportionment. (a) The commissioner of
45.7revenue shall reduce the apportionment of police state aid under subdivisions 5, paragraph
45.8(b), 6, and 7a, for eligible employer units by any excess police state aid.
45.9(b) "Excess police state aid" is:
45.10(1) for counties and for municipalities in which police retirement coverage is
45.11provided wholly by the public employees police and fire fund and all police officers are
45.12members of the plan governed by sections
353.63 to
353.657, the amount in excess of the
45.13employer's total prior calendar year obligation as defined in paragraph (c), as certified by
45.14the executive director of the Public Employees Retirement Association;
45.15(2) for municipalities in which police retirement coverage is provided in part by the
45.16public employees police and fire fund governed by sections
353.63 to
353.657 and in
45.17part by a local police consolidation account governed by chapter 353A, and established
45.18before March 2, 1999, for which the municipality declined merger under section
353.665,
45.19subdivision 1
, or established after March 1, 1999, the amount in excess of the employer's
45.20total prior calendar year obligation as defined in paragraph (c), plus the amount of the
45.21employer's total prior calendar year obligation under section
353A.09, subdivision 5,
45.22paragraphs (a) and (b), as certified by the executive director of the Public Employees
45.23Retirement Association;
45.24(3) for municipalities in which police retirement coverage is provided by the public
45.25employees police and fire plan governed by sections
353.63 to
353.657, in which police
45.26retirement coverage was provided by a police consolidation account under chapter
45.27353A before July 1, 1999, and for which the municipality has an additional municipal
45.28contribution under section
353.665, subdivision 8, paragraph (b), the amount in excess of
45.29the employer's total prior calendar year obligation as defined in paragraph (c), plus the
45.30amount of any additional municipal contribution under section
353.665, subdivision 8,
45.31paragraph (b), until the year 2010, as certified by the executive director of the Public
45.32Employees Retirement Association;
45.33(4) for municipalities in which police retirement coverage is provided in part by the
45.34public employees police and fire fund governed by sections
353.63 to
353.657 and in part
45.35by a local police relief association governed by sections
69.77 and
423A.01, the amount
46.1in excess of the employer's total prior calendar year obligation as defined in paragraph
46.2(c), as certified by the executive director of the public employees retirement association,
46.3plus the amount of the financial requirements of the relief association certified to the
46.4applicable municipality during the prior calendar year under section
69.77, subdivisions 4
46.5and 5
, reduced by the amount of member contributions deducted from the covered salary
46.6of the relief association during the prior calendar year under section
69.77, subdivision 3,
46.7as certified by the chief administrative officer of the applicable municipality;
46.8(5) for the Metropolitan Airports Commission, if there are police officers hired
46.9before July 1, 1978, with retirement coverage by the Minneapolis Employees Retirement
46.10Fund remaining, the amount in excess of the commission's total prior calendar year
46.11obligation as defined in paragraph (c), as certified by the executive director of the Public
46.12Employees Retirement Association, plus the amount determined by expressing the
46.13commission's total prior calendar year contribution to the Minneapolis Employees
46.14Retirement Fund under section
422A.101, subdivisions 2 and 2a, as a percentage of
46.15the commission's total prior calendar year covered payroll for commission employees
46.16covered by the Minneapolis Employees Retirement Fund and applying that percentage
46.17to the commission's total prior calendar year covered payroll for commission police
46.18officers covered by the Minneapolis Employees Retirement Fund, as certified by the chief
46.19administrative officer of the Metropolitan Airports Commission; and
46.20(6) for the Department of Natural Resources and for the Department of Public
46.21Safety, the amount in excess of the employer's total prior calendar year obligation under
46.22section
352B.02, subdivision 1c, for plan members who are peace officers under section
46.2369.011, subdivision 1
, clause (g), as certified by the executive director of the Minnesota
46.24State Retirement System.
46.25(c) The employer's total prior calendar year obligation with respect to the public
46.26employees police and fire plan is the total prior calendar year obligation under section
46.27353.65, subdivision 3
, for police officers as defined in section
353.64, subdivision 2,
46.28and the actual total prior calendar year obligation under section
353.65, subdivision 3,
46.29for firefighters, as defined in section
353.64, subdivision 3, but not to exceed for those
46.30firefighters the applicable following amounts:
46.31
Municipality
Maximum Amount
46.32
Albert Lea
$54,157.01
46.33
Anoka
10,399.31
46.34
Apple Valley
5,442.44
46.35
Austin
49,864.73
46.36
Bemidji
27,671.38
46.37
Brooklyn Center
6,605.92
47.1
Brooklyn Park
24,002.26
47.2
Burnsville
15,956.00
47.3
Cloquet
4,260.49
47.4
Coon Rapids
39,920.00
47.5
Cottage Grove
8,588.48
47.6
Crystal
5,855.00
47.7
East Grand Forks
51,009.88
47.8
Edina
32,251.00
47.9
Elk River
5,216.55
47.10
Ely
13,584.16
47.11
Eveleth
16,288.27
47.12
Fergus Falls
6,742.00
47.13
Fridley
33,420.64
47.14
Golden Valley
11,744.61
47.15
Hastings
16,561.00
47.16
Hopkins
4,324.23
47.17
International Falls
14,400.69
47.18
Lakeville
782.35
47.19
Lino Lakes
5,324.00
47.20
Little Falls
7,889.41
47.21
Maple Grove
6,707.54
47.22
Maplewood
8,476.69
47.23
Minnetonka
10,403.00
47.24
Montevideo
1,307.66
47.25
Moorhead
68,069.26
47.26
New Hope
6,739.72
47.27
North St. Paul
4,241.14
47.28
Northfield
770.63
47.29
Owatonna
37,292.67
47.30
Plymouth
6,754.71
47.31
Red Wing
3,504.01
47.32
Richfield
53,757.96
47.33
Rosemontnew text begin Rosemountnew text end
1,712.55
47.34
Roseville
9,854.51
47.35
St. Anthony
33,055.00
47.36
St. Louis Park
53,643.11
47.37
Thief River Falls
28,365.04
47.38
Virginia
31,164.46
47.39
Waseca
11,135.17
47.40
West St. Paul
15,707.20
47.41
White Bear Lake
6,521.04
47.42
Woodbury
3,613.00
47.43
any other municipality
0.00
48.1(d) The total amount of excess police state aid must be deposited in the excess
48.2police state-aid account in the general fund, administered and distributed as provided
48.3in subdivision 11.
48.4 Sec. 8. Minnesota Statutes 2009 Supplement, section 69.031, subdivision 5, is
48.5amended to read:
48.6 Subd. 5.
Deposit of state aid. (a) If the municipality or the independent nonprofit
48.7firefighting corporation is covered by the voluntary statewide lump-sum volunteer
48.8firefighter retirement plan under chapter 353G, the executive director shall credit the fire
48.9state aid against future municipal contribution requirements under section
353G.08 and
48.10shall notify the municipality or independent nonprofit firefighting corporation of the fire
48.11state aid so credited at least annually. If the municipality or the independent nonprofit
48.12firefighting corporation is not covered by the voluntary statewide lump-sum volunteer
48.13firefighter retirement plan, the municipal treasurer shall, within 30 days after receipt,
48.14transmit the fire state aid to the treasurer of the duly incorporated firefighters' relief
48.15association if there is one organized and the association has filed a financial report with the
48.16municipality. If the relief association has not filed a financial report with the municipality,
48.17the municipal treasurer shall delay transmission of the fire state aid to the relief association
48.18until the complete financial report is filed. If the municipality or independent nonprofit
48.19firefighting corporation is not covered by the voluntary statewide lump-sum volunteer
48.20firefighter retirement plan, if there is no relief association organized, or if the association
48.21has dissolved or has been removed as trustees of state aid, then the treasurer of the
48.22municipality shall deposit the money in the municipal treasury and the money may be
48.23disbursed only for the purposes and in the manner set forth in section
424A.08 or for the
48.24payment of the employer contribution requirement with respect to firefighters covered by
48.25the public employees police and fire retirement plan under section
353.65, subdivision 3.
48.26(b) The municipal treasurer, upon receipt of the police state aid, shall disburse the
48.27police state aid in the following manner:
48.28(1) For a municipality in which a local police relief association exists and all peace
48.29officers are members of the association, the total state aid must be transmitted to the
48.30treasurer of the relief association within 30 days of the date of receipt, and the treasurer
48.31of the relief association shall immediately deposit the total state aid in the special fund
48.32of the relief association;
48.33(2) For a municipality in which police retirement coverage is provided by the public
48.34employees police and fire fund and all peace officers are members of the fund, including
48.35municipalities covered by section
353.665, the total state aid must be applied toward the
49.1municipality's employer contribution to the public employees police and fire fund under
49.2sections
353.65, subdivision 3, and
353.665, subdivision 8, paragraph (b), if applicable; or
49.3(3) For a municipality other than a city of the first class with a population of more
49.4than 300,000 in which both a police relief association exists and police retirement
49.5coverage is provided in part by the public employees police and fire fund, the municipality
49.6may elect at its option to transmit the total state aid to the treasurer of the relief association
49.7as provided in clause (1), to use the total state aid to apply toward the municipality's
49.8employer contribution to the public employees police and fire fund subject to all the
49.9provisions set forth in clause (2), or to allot the total state aid proportionately to be
49.10transmitted to the police relief association as provided in this subdivision and to apply
49.11toward the municipality's employer contribution to the public employees police and fire
49.12fund subject to the provisions of clause (2) on the basis of the respective number of active
49.13full-time peace officers, as defined in section
69.011, subdivision 1, clause (g).
49.14For a city of the first class with a population of more than 300,000, in addition, the
49.15city may elect to allot the appropriate portion of the total police state aid to apply toward
49.16the employer contribution of the city to the public employees police and fire fund based
49.17on the covered salary of police officers covered by the fund each payroll period and to
49.18transmit the balance to the police relief association; or
49.19(4) For a municipality in which police retirement coverage is provided in part by
49.20the public employees police and fire fund and in part by a local police consolidation
49.21account governed by chapter 353A and established before March 2, 1999, for which the
49.22municipality declined merger under section
353.665, subdivision 1, or established after
49.23March 1, 1999, the total police state aid must be applied towards the municipality's total
49.24employer contribution to the public employees police and fire fund and to the local police
49.25consolidation account under sections
353.65, subdivision 3, and
353A.09, subdivision 5.
49.26(c) The county treasurer, upon receipt of the police state aid for the county, shall
49.27apply the total state aid toward the county's employer contribution to the public employees
49.28police and fire fund under section
353.65, subdivision 3.
49.29(d) The designated Metropolitan Airports Commission official, upon receipt of the
49.30police state aid for the Metropolitan Airports Commission, shall apply the total police
49.31state aid first toward the commission's employer contribution for police officers to the
49.32Minneapolis Employees Retirement Fund under section
422A.101, subdivision 2a, and, if
49.33there is any amount of police state aid remaining, shall apply that remainder toward the
49.34commission's employer contribution for police officers to the public employees police and
49.35fire plan under section
353.65, subdivision 3.
50.1(e) The police state aid apportioned to the Departments of Public Safety and Natural
50.2Resources under section
69.021, subdivision 7a, is appropriated to the commissioner
50.3of management and budget for transfer to the funds and accounts from which the
50.4salaries of peace officers certified under section
69.011, subdivision 2anew text begin 2bnew text end , are paid.
50.5The commissioner of revenue shall certify to the commissioners of public safety,
50.6natural resources, and management and budget the amounts to be transferred from the
50.7appropriation for police state aid. The commissioners of public safety and natural
50.8resources shall certify to the commissioner of management and budget the amounts to be
50.9credited to each of the funds and accounts from which the peace officers employed by their
50.10respective departments are paid. Each commissioner shall allocate the police state aid first
50.11for employer contributions for employees funded from the general fund and then for
50.12employer contributions for employees funded from other funds. For peace officers whose
50.13salaries are paid from the general fund, the amounts transferred from the appropriation
50.14for police state aid must be canceled to the general fund.
50.15 Sec. 9. Minnesota Statutes 2008, section 126C.41, subdivision 3, is amended to read:
50.16 Subd. 3.
Retirement levies. (a) In 1991 and each year thereafter, a district to which
50.17this subdivision applies may levy an additional amount required for contributions to the
50.18
new text begin general employees retirement plan of the Public Employees Retirement Association as the new text end
50.19
new text begin successor of the new text end Minneapolis Employees Retirement Fund as a result of the maximum
50.20dollar amount limitation on state contributions to the fund
new text begin that plan new text end imposed under
50.21section
422A.101, subdivision 3. The additional levy must not exceed the most recent
50.22amount certified by the board of the Minneapolis Employees Retirement Fund
new text begin executive new text end
50.23
new text begin director of the Public Employees Retirement Association new text end as the district's share of the
50.24contribution requirement in excess of the maximum state contribution under section
50.25422A.101, subdivision 3
.
50.26(b) For taxes payable in 1994 and thereafter, Special School District No. 1,
50.27Minneapolis, and Independent School District No. 625, St. Paul, may levy for the increase
50.28in the employer retirement fund contributions, under Laws 1992, chapter 598, article 5,
50.29section 1.
50.30(c) If the employer retirement fund contributions under section
354A.12, subdivision
50.312a
, are increased for fiscal year 1994 or later fiscal years, Special School District No. 1,
50.32Minneapolis, and Independent School District No. 625, St. Paul, may levy in payable
50.331994 or later an amount equal to the amount derived by applying the net increase in
50.34the employer retirement fund contribution rate of the respective teacher retirement fund
50.35association between fiscal year 1993 and the fiscal year beginning in the year after the
51.1levy is certified to the total covered payroll of the applicable teacher retirement fund
51.2association. If an applicable school district levies under this paragraph, they may not
51.3levy under paragraph (b).
51.4(d) In addition to the levy authorized under paragraph (c), Special School District
51.5No. 1, Minneapolis, may also levy payable in 1997 or later an amount equal to the
51.6contributions under section
423A.02, subdivision 3, and may also levy in payable 1994
51.7or later an amount equal to the state aid contribution under section
354A.12, subdivision
51.83b
. Independent School District No. 625, St. Paul, may levy payable in 1997 or later an
51.9amount equal to the supplemental contributions under section
423A.02, subdivision 3.
51.10 Sec. 10. Minnesota Statutes 2008, section 256D.21, is amended to read:
51.11
256D.21 CONTINUATION OF BENEFITS; FORMER MINNEAPOLIS
51.12
EMPLOYEES.
51.13 Subdivision 1.
Continuation of benefits. Each employee of the city of Minneapolis
51.14who is transferred to and employed by the county under the provisions of section
256D.20
51.15and who is a contributing member of a retirement system organized under the provisions
51.16of
new text begin Minnesota Statutes 2008, new text end chapter 422A, shall continue to be
new text begin is new text end a member of that system
51.17
new text begin the MERF division of the Public Employees Retirement Association new text end and
new text begin is new text end entitled to all
51.18of the
new text begin applicable new text end benefits conferred thereby
new text begin by new text end and subject to all the restrictions of chapter
51.19422A, unless the member applies to cancel membership within six months after January
51.201, 1974
new text begin section 353.50new text end .
51.21 Subd. 2.
City obligation. The cost to the public of that portion of the retirement
51.22allowances or other benefits accrued while any such employee was in the service of the
51.23city of Minneapolis shall remain an obligation of the city and a tax shall be levied and
51.24collected by it to discharge its obligation as provided by chapter 422A
new text begin in section 353.50, new text end
51.25
new text begin subdivision 7new text end .
51.26 Subd. 3.
County obligation. The cost to the public of the retirement allowances
51.27or other benefits accruing to employees so transferred to and employed by the county
51.28shall be the obligation of and paid by the county at such time as the retirement board
51.29shall fix and determine in accordance with chapter 422A
new text begin in section 353.50, subdivision new text end
51.30
new text begin 7new text end . The county shall pay to the municipal
new text begin general employees new text end retirement fund an amount
51.31certified to the county auditor of the county by the retirement board as the cost of the
51.32retirement allowances and other benefits accruing and owing to such county employees
new text begin of new text end
51.33
new text begin the Public Employees Retirement Association those amountsnew text end . The cost to the public of
51.34the retirement allowances as herein provided shall
new text begin coverage under this section must new text end be
51.35paid from the county revenue fund by the county auditor upon receipt of certification from
52.1the retirement board as herein provided, and the county board is authorized to levy and
52.2collect such taxes as may be necessary to pay such costs.
52.3 Sec. 11. Minnesota Statutes 2009 Supplement, section 352.01, subdivision 2b, is
52.4amended to read:
52.5 Subd. 2b.
Excluded employees. "State employee" does not include:
52.6 (1) students employed by the University of Minnesota, or the state colleges and
52.7universities, unless approved for coverage by the Board of Regents of the University of
52.8Minnesota or the Board of Trustees of the Minnesota State Colleges and Universities,
52.9whichever is applicable;
52.10 (2) employees who are eligible for membership in the state Teachers Retirement
52.11Association, except employees of the Department of Education who have chosen or may
52.12choose to be covered by the general state employees retirement plan of the Minnesota
52.13State Retirement System instead of the Teachers Retirement Association;
52.14 (3) employees of the University of Minnesota who are excluded from coverage by
52.15action of the Board of Regents;
52.16 (4) officers and enlisted personnel in the National Guard and the naval militia who
52.17are assigned to permanent peacetime duty and who under federal law are or are required to
52.18be members of a federal retirement system;
52.19 (5) election officers;
52.20 (6) persons who are engaged in public work for the state but who are employed
52.21by contractors when the performance of the contract is authorized by the legislature or
52.22other competent authority;
52.23 (7) officers and employees of the senate, or of the house of representatives, or of a
52.24legislative committee or commission who are temporarily employed;
52.25 (8) receivers, jurors, notaries public, and court employees who are not in the judicial
52.26branch as defined in section
43A.02, subdivision 25, except referees and adjusters
52.27employed by the Department of Labor and Industry;
52.28 (9) patient and inmate help in state charitable, penal, and correctional institutions
52.29including the Minnesota Veterans Home;
52.30 (10) persons who are employed for professional services where the service is
52.31incidental to their regular professional duties and whose compensation is paid on a per
52.32diem basis;
52.33 (11) employees of the Sibley House Association;
52.34 (12) the members of any state board or commission who serve the state intermittently
52.35and are paid on a per diem basis; the secretary, secretary-treasurer, and treasurer of those
53.1boards if their compensation is $5,000 or less per year, or, if they are legally prohibited
53.2from serving more than three years; and the board of managers of the State Agricultural
53.3Society and its treasurer unless the treasurer is also its full-time secretary;
53.4 (13) state troopers and persons who are described in section
352B.011, subdivision
53.510
, clauses (2) to (8);
53.6 (14) temporary employees of the Minnesota State Fair who are employed on or
53.7after July 1 for a period not to extend beyond October 15 of that year; and persons who
53.8are employed at any time by the state fair administration for special events held on the
53.9fairgrounds;
53.10 (15) emergency employees who are in the classified service; except that if an
53.11emergency employee, within the same pay period, becomes a provisional or probationary
53.12employee on other than a temporary basis, the employee must be considered a "state
53.13employee" retroactively to the beginning of the pay period;
53.14 (16) temporary employees in the classified service, and temporary employees in the
53.15unclassified service who are appointed for a definite period of not more than six months
53.16and who are employed less than six months in any one-year period;
53.17 (17) interns hired for six months or less and trainee employees, except those listed in
53.18subdivision 2a, clause (8);
53.19 (18) persons whose compensation is paid on a fee basis or as an independent
53.20contractor;
53.21 (19) state employees who are employed by the Board of Trustees of the Minnesota
53.22State Colleges and Universities in unclassified positions enumerated in section
43A.08,
53.23subdivision 1
, clause (9);
53.24 (20) state employees who in any year have credit for 12 months service as teachers
53.25in the public schools of the state and as teachers are members of the Teachers Retirement
53.26Association or a retirement system in St. Paul, Minneapolis, or Duluth, except for
53.27incidental employment as a state employee that is not covered by one of the teacher
53.28retirement associations or systems;
53.29 (21) employees of the adjutant general who are employed on an unlimited
53.30intermittent or temporary basis in the classified or unclassified service for the support of
53.31Army and Air National Guard training facilities;
53.32 (22) chaplains and nuns who are excluded from coverage under the federal Old
53.33Age, Survivors, Disability, and Health Insurance Program for the performance of service
53.34as specified in United States Code, title 42, section 410(a)(8)(A), as amended, if no
53.35irrevocable election of coverage has been made under section 3121(r) of the Internal
53.36Revenue Code of 1986, as amended through December 31, 1992;
54.1 (23) examination monitors who are employed by departments, agencies,
54.2commissions, and boards to conduct examinations required by law;
54.3 (24) persons who are appointed to serve as members of fact-finding commissions or
54.4adjustment panels, arbitrators, or labor referees under chapter 179;
54.5 (25) temporary employees who are employed for limited periods under any state or
54.6federal program for training or rehabilitation, including persons who are employed for
54.7limited periods from areas of economic distress, but not including skilled and supervisory
54.8personnel and persons having civil service status covered by the system;
54.9 (26) full-time students who are employed by the Minnesota Historical Society
54.10intermittently during part of the year and full-time during the summer months;
54.11 (27) temporary employees who are appointed for not more than six months, of
54.12the Metropolitan Council and of any of its statutory boards, if the board members are
54.13appointed by the Metropolitan Council;
54.14 (28) persons who are employed in positions designated by the Department of
54.15Management and Budget as student workers;
54.16 (29) members of trades who are employed by the successor to the Metropolitan
54.17Waste Control Commission, who have trade union pension plan coverage under a
54.18collective bargaining agreement, and who are first employed after June 1, 1977;
54.19 (30) off-duty peace officers while employed by the Metropolitan Council;
54.20 (31) persons who are employed as full-time police officers by the Metropolitan
54.21Council and as police officers are members of the public employees police and fire fund;
54.22 (32) persons who are employed as full-time firefighters by the Department of Military
54.23Affairs and as firefighters are members of the public employees police and fire fund;
54.24 (33) foreign citizens with a work permit of less than three years, or an H-1b/JV visa
54.25valid for less than three years of employment, unless notice of extension is supplied which
54.26allows them to work for three or more years as of the date the extension is granted, in
54.27which case they are eligible for coverage from the date extended; and
54.28 (34) persons who are employed by the Board of Trustees of the Minnesota State
54.29Colleges and Universities and who elected to remain members of the Public Employees
54.30Retirement Association or
new text begin of the MERF division of the Public Employees Retirement new text end
54.31
new text begin Association as the successor of new text end the Minneapolis Employees Retirement Fund, whichever
54.32applies, under Minnesota Statutes 1994, section
136C.75.
54.33 Sec. 12. Minnesota Statutes 2008, section 353.03, subdivision 1, is amended to read:
54.34 Subdivision 1.
Management; composition; election. (a) The management of the
54.35public
new text begin generalnew text end employees retirement fund is vested in an 11-member board of trustees
55.1consisting of ten members and the state auditor. The state auditor may designate a deputy
55.2auditor with expertise in pension matters as the auditor's representative on the board. The
55.3governor shall appoint five trustees to four-year terms, one of whom shall be designated to
55.4represent school boards, one to represent cities, one to represent counties, one who is a
55.5retired annuitant, and one who is a public member knowledgeable in pension matters. The
55.6membership of the association, including recipients of retirement annuities and disability
55.7and survivor benefits, shall elect five trustees for terms of four years, one of whom must be
55.8a member of the police and fire fund and one of whom must be a former member who met
55.9the definition of public employee under section
353.01, subdivisions 2 and 2a, for at least
55.10five years prior to terminating membership or a member who receives a disability benefit.
55.11Terms expire on January 31 of the fourth year, and positions are vacant until newly elected
55.12members are seated. Except as provided in this subdivision, trustees elected by the
55.13membership of the association must be public employees and members of the association.
55.14(b) For seven days beginning October 1 of each year preceding a year in which
55.15an election is held, the association shall accept at its office filings in person or by mail
55.16of candidates for the board of trustees. A candidate shall submit at the time of filing a
55.17nominating petition signed by 25 or more members of the association. No name may
55.18be withdrawn from nomination by the nominee after October 15. At the request of a
55.19candidate for an elected position on the board of trustees, the board shall mail a statement
55.20of up to 300 words prepared by the candidate to all persons eligible to vote in the election
55.21of the candidate. The board may adopt policies, subject to review and approval by the
55.22secretary of state under paragraph (e), to govern the form and length of these statements,
55.23timing of mailings, and deadlines for submitting materials to be mailed. The secretary
55.24of state shall resolve disputes between the board and a candidate concerning application
55.25of these policies to a particular statement.
55.26(c) By January 10 of each year in which elections are to be held, the board shall
55.27distribute by mail to the members ballots listing the candidates. No member may vote for
55.28more than one candidate for each board position to be filled. A ballot indicating a vote for
55.29more than one person for any position is void. No special marking may be used on the
55.30ballot to indicate incumbents. Ballots mailed to the association must be postmarked no
55.31later than January 31. The ballot envelopes must be so designated and the ballots must be
55.32counted in a manner that ensures that each vote is secret.
55.33(d) A candidate who receives contributions or makes expenditures in excess of $100,
55.34or has given implicit or explicit consent for any other person to receive contributions or
55.35make expenditures in excess of $100 for the purpose of bringing about the candidate's
55.36election, shall file a report with the campaign finance and public disclosure board
56.1disclosing the source and amount of all contributions to the candidate's campaign. The
56.2campaign finance and public disclosure board shall prescribe forms governing these
56.3disclosures. Expenditures and contributions have the meaning defined in section
10A.01.
56.4These terms do not include the mailing made by the association board on behalf of the
56.5candidate. A candidate shall file a report within 30 days from the day that the results of
56.6the election are announced. The Campaign Finance and Public Disclosure Board shall
56.7maintain these reports and make them available for public inspection in the same manner
56.8as the board maintains and makes available other reports filed with it.
56.9(e) The secretary of state shall review and approve the procedures defined by the
56.10board of trustees for conducting the elections specified in this subdivision, including
56.11board policies adopted under paragraph (b).
56.12(f) The board of trustees and the executive director shall undertake their activities
56.13consistent with chapter 356A.
56.14 Sec. 13. Minnesota Statutes 2008, section 353.71, subdivision 4, is amended to read:
56.15 Subd. 4.
Repayment of refund. Any person who has received a refund from the
56.16public
new text begin generalnew text end employees retirement fund and who is a member of any public retirement
56.17system referred to in subdivision 1, may repay such refund to the public
new text begin generalnew text end employees
56.18retirement fund as provided in section
353.35.
56.19 Sec. 14. Minnesota Statutes 2008, section 353.86, subdivision 1, is amended to read:
56.20 Subdivision 1.
Participation. Volunteer ambulance service personnel, as defined
56.21in section
353.01, subdivision 35, who are or become members of and participants in
56.22the public
new text begin generalnew text end employees retirement fund or the public employees police and fire
56.23fund before July 1, 2002, and make contributions to either of those funds based on
56.24compensation for service other than volunteer ambulance service may elect to participate
56.25in that same fund with respect to compensation received for volunteer ambulance service,
56.26provided that the volunteer ambulance service is not credited to another public or private
56.27pension plan including the public employees retirement plan established by chapter
56.28353D and provided further that the volunteer ambulance service is rendered for the same
56.29governmental unit for which the nonvolunteer ambulance service is rendered.
56.30 Sec. 15. Minnesota Statutes 2008, section 353.86, subdivision 2, is amended to read:
56.31 Subd. 2.
Election. Volunteer ambulance service personnel to whom subdivision
56.321 applies may exercise the election authorized under subdivision 1 within the earlier of
56.33the one-year period beginning on July 1, 1989, and extending through June 30, 1990, or
57.1the one-year period commencing on the first day of the first month following the start of
57.2employment in a position covered by the public
new text begin generalnew text end employees retirement fund or the
57.3public employees police and fire fund. The election must be exercised by filing a written
57.4notice on a form prescribed by the executive director of the association.
57.5 Sec. 16. Minnesota Statutes 2008, section 353.87, subdivision 1, is amended to read:
57.6 Subdivision 1.
Participation. Except as provided in subdivision 2, a volunteer
57.7firefighter, as defined in section
353.01, subdivision 36, who, on June 30, 1989, was
57.8a member of, and a participant in, the public
new text begin generalnew text end employees retirement fund or the
57.9public employees police and fire fund and was making contributions to either of those
57.10funds based, at least in part, on compensation for services performed as a volunteer
57.11firefighter shall continue as a member of, and a participant in, the public
new text begin generalnew text end
57.12employees retirement fund or the public employees police and fire fund and compensation
57.13for services performed as a volunteer firefighter shall be considered salary.
57.14 Sec. 17. Minnesota Statutes 2008, section 353.87, subdivision 2, is amended to read:
57.15 Subd. 2.
Option. A volunteer firefighter to whom subdivision 1 applies has the
57.16option to terminate membership and future participation in the public
new text begin generalnew text end employees
57.17retirement fund or the public employees police and fire fund upon filing of a written notice
57.18of intention to terminate participation. Notice must be given on a form prescribed by the
57.19executive director of the association and must be filed in the offices of the association not
57.20later than June 30, 1990.
57.21 Sec. 18. Minnesota Statutes 2008, section 353.88, is amended to read:
57.22
353.88 PENALTY FOR MEMBERSHIP MISCERTIFICATIONS AND
57.23
CERTIFICATION FAILURES.
57.24(a) If the board of trustees of the Public Employees Retirement Association,
57.25upon the recommendation of the executive director, determines that a governmental
57.26subdivision has certified a public employee for membership in the public employees
57.27police and fire retirement plan when the public employee was not eligible for that
57.28retirement plan coverage, the public employee must be covered by the correct retirement
57.29plan for subsequent service, the public employee retains the coverage for the period of
57.30the misclassification, and the governmental subdivision shall pay in a lump sum the
57.31difference in the actuarial present value of the retirement annuities to which the public
57.32employee would have been entitled if the public employee was properly classified. The
57.33governmental subdivision payment is payable within 30 days of the board's determination.
58.1If unpaid, it must be collected under section
353.28. The lump-sum payment must be
58.2deposited in the public
new text begin generalnew text end employees retirement fund.
58.3(b) If the executive director of the Public Employees Retirement Association
58.4determines that a governmental subdivision has failed to certify a person for retirement
58.5plan membership and coverage under this chapter, in addition to the procedures under
58.6section
353.27, subdivision 4, 9, 10, 11, 12, 12a, or 12b, the director shall charge a fine of
58.7$25 for each membership certification failure.
58.8 Sec. 19. Minnesota Statutes 2008, section 354.71, is amended to read:
58.9
354.71 MINNEAPOLIS EMPLOYEES RETIREMENT FUND STATE AID
58.10
REDEDICATED.
58.11 Subdivision 1.
Appropriation. The positive difference, if any, between the
58.12actual state aid paid
new text begin payable new text end to the
new text begin MERF division account of the Public Employees new text end
58.13
new text begin Retirement Association with respect to the former new text end Minneapolis Employees Retirement
58.14Fund under section
422A.101, subdivision 3, and $8,065,000 annually is appropriated
58.15from the general fund to the commissioner of management and budget for deposit in
58.16the Teachers Retirement Association to offset all or a portion of the current and future
58.17unfunded actuarial accrued liability of the
new text begin former new text end Minneapolis Teachers Retirement
58.18Fund Association.
58.19 Subd. 2.
Financial requirements. The appropriation in subdivision 1 is available to
58.20the extent that financial requirements of
new text begin with respect to new text end the
new text begin MERF division of the Public new text end
58.21
new text begin Employees Retirement Association as the successor of the former new text end Minneapolis Employees
58.22Retirement Fund under section
, subdivision 3,
new text begin 353.50 new text end have been satisfied.
58.23 Sec. 20. Minnesota Statutes 2008, section 354A.011, subdivision 27, is amended to
58.24read:
58.25 Subd. 27.
Teacher. (a) "Teacher" means any person who renders service for a public
58.26school district, other than a charter school, located in the corporate limits of Duluth or
58.27St. Paul, as any of the following:
58.28(1) a full-time employee in a position for which a valid license from the state
58.29Department of Education is required;
58.30(2) an employee of the teachers retirement fund association located in the city of
58.31the first class unless the employee has exercised the option pursuant to Laws 1955,
58.32chapter 10, section 1, to retain membership in the Minneapolis Employees Retirement
58.33Fund established pursuant to chapter 422A;
59.1(3) a part-time employee in a position for which a valid license from the state
59.2Department of Education is required; or
59.3(4) a part-time employee in a position for which a valid license from the state
59.4Department of Education is required who also renders other nonteaching services for the
59.5school district, unless the board of trustees of the teachers retirement fund association
59.6determines that the combined employment is on the whole so substantially dissimilar to
59.7teaching service that the service may not be covered by the association.
59.8(b) The term does not mean any person who renders service in the school district
59.9as any of the following:
59.10(1) an independent contractor or the employee of an independent contractor;
59.11(2) an employee who is a full-time teacher covered by the Teachers Retirement
59.12Association or by another teachers retirement fund association established pursuant to this
59.13chapter or chapter 354;
59.14(3) an employee exempt from licensure pursuant to section
122A.30;
59.15(4) an employee who is a teacher in a technical college located in a city of the first
59.16class unless the person elects coverage by the applicable first class city teacher retirement
59.17fund association under section
354B.21, subdivision 2;
59.18(5) a teacher employed by a charter school, irrespective of the location of the
59.19school; or
59.20(6) an employee who is a part-time teacher in a technical college in a city of the first
59.21class and who has elected coverage by the applicable first class city teacher retirement
59.22fund association under section
354B.21, subdivision 2, but (i) the teaching service is
59.23incidental to the regular nonteaching occupation of the person; (ii) the applicable technical
59.24college stipulates annually in advance that the part-time teaching service will not exceed
59.25300 hours in a fiscal year; and (iii) the part-time teaching actually does not exceed 300
59.26hours in the fiscal year to which the certification applies.
59.27 Sec. 21. Minnesota Statutes 2008, section 354A.39, is amended to read:
59.28
354A.39 SERVICE IN OTHER PUBLIC RETIREMENT FUNDS; ANNUITY.
59.29Any person who has been a member of the Minnesota State Retirement System, the
59.30Public Employees Retirement Association including the Public Employees Retirement
59.31Association Police and Fire Fund, the Teachers Retirement Association, the Minnesota
59.32State Patrol Retirement Association, the legislators retirement plan, the constitutional
59.33officers retirement plan, the Minneapolis Employees Retirement Fund, the Duluth
59.34Teachers Retirement Fund Association new law coordinated program, the St. Paul
59.35Teachers Retirement Fund Association coordinated program, or any other public employee
60.1retirement system in the state of Minnesota having a like provision but excluding all other
60.2funds providing retirement benefits for police officers or firefighters shall be entitled
60.3when qualified to an annuity from each fund if the person's total allowable service in all
60.4of the funds or in any two or more of the funds totals three or more years, provided that
60.5no portion of the allowable service upon which the retirement annuity from one fund is
60.6based is used again in the computation for a retirement annuity from another fund and
60.7provided further that the person has not taken a refund from any of funds or associations
60.8since the person's membership in the fund or association has terminated. The annuity
60.9from each fund or association shall be determined by the appropriate provisions of the
60.10law governing each fund or association, except that the requirement that a person must
60.11have at least three years of allowable service in the respective fund or association shall not
60.12apply for the purposes of this section, provided that the aggregate service in two or more
60.13of these funds equals three or more years.
60.14 Sec. 22. Minnesota Statutes 2008, section 355.095, subdivision 1, is amended to read:
60.15 Subdivision 1.
Agreement. (a) The director, on behalf of the state, its political
60.16subdivisions, and its other governmental employers, is authorized to enter into an
60.17agreement with the Secretary of Health and Human Services to extend the provisions of
60.18United States Code, title 42, section 426, 426-1, and 1395c, to the employees in paragraph
60.19(b) who meet the requirements of United States Code, title 42, section 418(v)(2) and who
60.20do not have coverage by the federal old age, survivors, and disability insurance program
60.21for that employment under any previous modification of the agreement or previous
60.22Medicare referendum.
60.23(b) The applicable employees are:
60.24(1) employees who are members of one of the retirement plans in
new text begin Minnesota Statutes new text end
60.25
new text begin 2008, new text end section
356.30, subdivision 3, except clauses (4) and (8), based on continuous
60.26employment since March 31, 1986; and
60.27(2) employees of a special authority or district who have been continuously
60.28employed by the special authority or district since March 31, 1986.
60.29 Sec. 23. Minnesota Statutes 2009 Supplement, section 356.20, subdivision 2, is
60.30amended to read:
60.31 Subd. 2.
Covered public pension plans and funds. This section applies to the
60.32following public pension plans:
60.33 (1) the general state employees retirement plan of the Minnesota State Retirement
60.34System;
61.1 (2) the general employees retirement plan of the Public Employees Retirement
61.2Association;
61.3 (3) the Teachers Retirement Association;
61.4 (4) the State Patrol retirement plan;
61.5 (5) the St. Paul Teachers Retirement Fund Association;
61.6 (6) the Duluth Teachers Retirement Fund Association;
61.7 (7) the Minneapolis Employees Retirement Fund;
61.8 (8)
new text begin (7) new text end the University of Minnesota faculty retirement plan;
61.9 (9)
new text begin (8) new text end the University of Minnesota faculty supplemental retirement plan;
61.10 (10)
new text begin (9) new text end the judges retirement fund;
61.11 (11)
new text begin (10) new text end a police or firefighter's relief association specified or described in section
61.1269.77, subdivision 1a
;
61.13 (12)
new text begin (11) new text end a volunteer firefighter relief association governed by section
69.771,
61.14subdivision 1
;
61.15 (13)
new text begin (12) new text end the public employees police and fire plan of the Public Employees
61.16Retirement Association;
61.17 (14)
new text begin (13) new text end the correctional state employees retirement plan of the Minnesota State
61.18Retirement System;
61.19 (15)
new text begin (14) new text end the local government correctional service retirement plan of the Public
61.20Employees Retirement Association; and
61.21(16)
new text begin (15) new text end the voluntary statewide lump-sum volunteer firefighter retirement plan.
61.22 Sec. 24. Minnesota Statutes 2008, section 356.214, subdivision 1, is amended to read:
61.23 Subdivision 1.
Actuary retention. (a) The governing board or managing or
61.24administrative official of each public pension plan and retirement fund or plan enumerated
61.25in paragraph (b) shall contract with an established actuarial consulting firm to conduct
61.26annual actuarial valuations and related services. The principal from the actuarial
61.27consulting firm on the contract must be an approved actuary under section
356.215,
61.28subdivision 1
, paragraph (c).
61.29 (b) Actuarial services must include the preparation of actuarial valuations and
61.30related actuarial work for the following retirement plans:
61.31 (1) the teachers retirement plan, Teachers Retirement Association;
61.32 (2) the general state employees retirement plan, Minnesota State Retirement System;
61.33 (3) the correctional employees retirement plan, Minnesota State Retirement System;
61.34 (4) the State Patrol retirement plan, Minnesota State Retirement System;
61.35 (5) the judges retirement plan, Minnesota State Retirement System;
62.1 (6) the Minneapolis employees retirement plan, Minneapolis Employees Retirement
62.2Fund;
62.3 (7)
new text begin (6) new text end the public
new text begin general new text end employees retirement plan, Public Employees Retirement
62.4Association
new text begin , including the MERF divisionnew text end ;
62.5 (8)
new text begin (7) new text end the public employees police and fire plan, Public Employees Retirement
62.6Association;
62.7 (9)
new text begin (8) new text end the Duluth teachers retirement plan, Duluth Teachers Retirement Fund
62.8Association;
62.9 (10)
new text begin (9) new text end the St. Paul teachers retirement plan, St. Paul Teachers Retirement Fund
62.10Association;
62.11 (11)
new text begin (10) new text end the legislators retirement plan, Minnesota State Retirement System;
62.12 (12)
new text begin (11) new text end the elective state officers retirement plan, Minnesota State Retirement
62.13System; and
62.14 (13)
new text begin (12) new text end local government correctional service retirement plan, Public Employees
62.15Retirement Association.
62.16 (c) The contracts must require completion of the annual actuarial valuation
62.17calculations on a fiscal year basis, with the contents of the actuarial valuation calculations
62.18as specified in section
356.215, and in conformity with the standards for actuarial work
62.19adopted by the Legislative Commission on Pensions and Retirement.
62.20 The contracts must require completion of annual experience data collection and
62.21processing and a quadrennial published experience study for the plans listed in paragraph
62.22(b), clauses (1), (2), and (7)
new text begin (6)new text end , as provided for in the standards for actuarial work
62.23adopted by the commission. The experience data collection, processing, and analysis
62.24must evaluate the following:
62.25 (1) individual salary progression;
62.26 (2) the rate of return on investments based on the current asset value;
62.27 (3) payroll growth;
62.28 (4) mortality;
62.29 (5) retirement age;
62.30 (6) withdrawal; and
62.31 (7) disablement.
62.32 (d) The actuary shall annually prepare a report to the governing or managing board
62.33or administrative official and the legislature, summarizing the results of the actuarial
62.34valuation calculations. The actuary shall include with the report any recommendations
62.35concerning the appropriateness of the support rates to achieve proper funding of
62.36the retirement plans by the required funding dates. The actuary shall, as part of the
63.1quadrennial experience study, include recommendations on the appropriateness of the
63.2actuarial valuation assumptions required for evaluation in the study.
63.3 (e) If the actuarial gain and loss analysis in the actuarial valuation calculations
63.4indicates a persistent pattern of sizable gains or losses, the governing or managing board
63.5or administrative official shall direct the actuary to prepare a special experience study for a
63.6plan listed in paragraph (b), clause (3), (4), (5), (6)
new text begin (7)new text end , (8), (9), (10), (11),
new text begin ornew text end (12), or (13),
63.7in the manner provided for in the standards for actuarial work adopted by the commission.
63.8 Sec. 25. Minnesota Statutes 2008, section 356.30, subdivision 3, is amended to read:
63.9 Subd. 3.
Covered plans. This section applies to the following retirement plans:
63.10(1) the general state employees retirement plan of the Minnesota State Retirement
63.11System, established under chapter 352;
63.12(2) the correctional state employees retirement plan of the Minnesota State
63.13Retirement System, established under chapter 352;
63.14(3) the unclassified employees retirement program, established under chapter 352D;
63.15(4) the State Patrol retirement plan, established under chapter 352B;
63.16(5) the legislators retirement plan, established under chapter 3A;
63.17(6) the elective state officers retirement plan, established under chapter 352C;
63.18(7) the general employees retirement plan of the Public Employees Retirement
63.19Association, established under chapter 353
new text begin , including the MERF division of the Public new text end
63.20
new text begin Employees Retirement Associationnew text end ;
63.21(8) the public employees police and fire retirement plan of the Public Employees
63.22Retirement Association, established under chapter 353;
63.23(9) the local government correctional service retirement plan of the Public
63.24Employees Retirement Association, established under chapter 353E;
63.25(10) the Teachers Retirement Association, established under chapter 354;
63.26(11) the Minneapolis Employees Retirement Fund, established under chapter 422A;
63.27(12)
new text begin (11) new text end the St. Paul Teachers Retirement Fund Association, established under
63.28chapter 354A;
63.29(13)
new text begin (12) new text end the Duluth Teachers Retirement Fund Association, established under
63.30chapter 354A; and
63.31(14)
new text begin (13) new text end the judges retirement fund, established by chapter 490.
63.32 Sec. 26. Minnesota Statutes 2008, section 356.302, subdivision 1, is amended to read:
63.33 Subdivision 1.
Definitions. (a) The terms used in this section are defined in this
63.34subdivision.
64.1(b) "Average salary" means the highest average of covered salary for the appropriate
64.2period of credited service that is required for the calculation of a disability benefit by
64.3the covered retirement plan and that is drawn from any period of credited service and
64.4successive years of covered salary in a covered retirement plan.
64.5(c) "Covered retirement plan" or "plan" means a retirement plan listed in subdivision
64.67.
64.7(d) "Duty-related" means a disabling illness or injury that occurred while the person
64.8was actively engaged in employment duties or that arose out of the person's active
64.9employment duties.
64.10(e) "General employee retirement plan" means a covered retirement plan listed in
64.11subdivision 7, clauses (1) to (8)
new text begin (6) new text end and (13)
new text begin (12)new text end .
64.12(f) "Occupationally disabled" means the condition of having a medically
64.13determinable physical or mental impairment that makes a person unable to satisfactorily
64.14perform the minimum requirements of the person's employment position or a substantially
64.15similar employment position.
64.16(g) "Public safety employee retirement plan" means a covered retirement plan listed
64.17in subdivision 7, clauses (9)
new text begin (7) new text end to (12)
new text begin (11)new text end .
64.18(h) "Totally and permanently disabled" means the condition of having a medically
64.19determinable physical or mental impairment that makes a person unable to engage in any
64.20substantial gainful activity and that is expected to continue or has continued for a period
64.21of at least one year or that is expected to result directly in the person's death.
64.22 Sec. 27. Minnesota Statutes 2008, section 356.302, subdivision 7, is amended to read:
64.23 Subd. 7.
Covered retirement plans. This section applies to the following
64.24retirement plans:
64.25(1) the general state employees retirement plan of the Minnesota State Retirement
64.26System, established by chapter 352;
64.27(2) the unclassified state employees retirement program of the Minnesota State
64.28Retirement System, established by chapter 352D;
64.29(3) the general employees retirement plan of the Public Employees Retirement
64.30Association, established by chapter 353
new text begin , including the MERF division of the Public new text end
64.31
new text begin Employees Retirement Associationnew text end ;
64.32(4) the Teachers Retirement Association, established by chapter 354;
64.33(5) the Duluth Teachers Retirement Fund Association, established by chapter 354A;
64.34(6) the St. Paul Teachers Retirement Fund Association, established by chapter 354A;
64.35(7) the Minneapolis Employees Retirement Fund, established by chapter 422A;
65.1(8)
new text begin (7) new text end the state correctional employees retirement plan of the Minnesota State
65.2Retirement System, established by chapter 352;
65.3(9)
new text begin (8) new text end the State Patrol retirement plan, established by chapter 352B;
65.4(10)
new text begin (9) new text end the public employees police and fire plan of the Public Employees
65.5Retirement Association, established by chapter 353;
65.6(11)
new text begin (10) new text end the local government correctional service retirement plan of the Public
65.7Employees Retirement Association, established by chapter 353E; and
65.8(12)
new text begin (11) new text end the judges retirement plan, established by chapter 490.
65.9 Sec. 28. Minnesota Statutes 2008, section 356.303, subdivision 4, is amended to read:
65.10 Subd. 4.
Covered retirement plans. This section applies to the following
65.11retirement plans:
65.12(1) the legislators retirement plan, established by chapter 3A;
65.13(2) the general state employees retirement plan of the Minnesota State Retirement
65.14System, established by chapter 352;
65.15(3) the correctional state employees retirement plan of the Minnesota State
65.16Retirement System, established by chapter 352;
65.17(4) the State Patrol retirement plan, established by chapter 352B;
65.18(5) the elective state officers retirement plan, established by chapter 352C;
65.19(6) the unclassified state employees retirement program, established by chapter
65.20352D;
65.21(7) the general employees retirement plan of the Public Employees Retirement
65.22Association, established by chapter 353
new text begin , including the MERF division of the Public new text end
65.23
new text begin Employees Retirement Associationnew text end ;
65.24(8) the public employees police and fire plan of the Public Employees Retirement
65.25Association, established by chapter 353;
65.26(9) the local government correctional service retirement plan of the Public
65.27Employees Retirement Association, established by chapter 353E;
65.28(10) the Teachers Retirement Association, established by chapter 354;
65.29(11) the Duluth Teachers Retirement Fund Association, established by chapter 354A;
65.30(12) the St. Paul Teachers Retirement Fund Association, established by chapter
65.31354A;
new text begin andnew text end
65.32(13) the Minneapolis Employees Retirement Fund, established by chapter 422A; and
65.33(14)
new text begin (13) new text end the judges retirement fund, established by chapter 490.
66.1 Sec. 29. Minnesota Statutes 2009 Supplement, section 356.32, subdivision 2, is
66.2amended to read:
66.3 Subd. 2.
Covered retirement plans. The provisions of this section apply to the
66.4following retirement plans:
66.5(1) the general state employees retirement plan of the Minnesota State Retirement
66.6System, established under chapter 352;
66.7(2) the correctional state employees retirement plan of the Minnesota State
66.8Retirement System, established under chapter 352;
66.9(3) the State Patrol retirement plan, established under chapter 352B;
66.10(4) the general employees retirement plan of the Public Employees Retirement
66.11Association, established under chapter 353
new text begin , including the MERF division of the Public new text end
66.12
new text begin Employees Retirement Associationnew text end ;
66.13(5) the public employees police and fire plan of the Public Employees Retirement
66.14Association, established under chapter 353;
66.15(6) the Teachers Retirement Association, established under chapter 354;
66.16(7) the Minneapolis Employees Retirement Fund, established under chapter 422A;
66.17(8)
new text begin (7) new text end the Duluth Teachers Retirement Fund Association, established under chapter
66.18354A; and
66.19(9)
new text begin (8) new text end the St. Paul Teachers Retirement Fund Association, established under chapter
66.20354A.
66.21 Sec. 30. Minnesota Statutes 2009 Supplement, section 356.401, subdivision 3, is
66.22amended to read:
66.23 Subd. 3.
Covered retirement plans. The provisions of this section apply to the
66.24following retirement plans:
66.25(1) the legislators retirement plan, established by chapter 3A;
66.26(2) the general state employees retirement plan of the Minnesota State Retirement
66.27System, established by chapter 352;
66.28(3) the correctional state employees retirement plan of the Minnesota State
66.29Retirement System, established by chapter 352;
66.30(4) the State Patrol retirement plan, established by chapter 352B;
66.31(5) the elective state officers retirement plan, established by chapter 352C;
66.32(6) the unclassified state employees retirement program, established by chapter
66.33352D;
67.1(7) the general employees retirement plan of the Public Employees Retirement
67.2Association, established by chapter 353
new text begin , including the MERF division of the Public new text end
67.3
new text begin Employees Retirement Associationnew text end ;
67.4(8) the public employees police and fire plan of the Public Employees Retirement
67.5Association, established by chapter 353;
67.6(9) the public employees defined contribution plan, established by chapter 353D;
67.7(10) the local government correctional service retirement plan of the Public
67.8Employees Retirement Association, established by chapter 353E;
67.9(11) the voluntary statewide lump-sum volunteer firefighter retirement plan,
67.10established by chapter 353G;
67.11(12) the Teachers Retirement Association, established by chapter 354;
67.12(13) the Duluth Teachers Retirement Fund Association, established by chapter 354A;
67.13(14) the St. Paul Teachers Retirement Fund Association, established by chapter
67.14354A;
67.15(15) the individual retirement account plan, established by chapter 354B;
67.16(16) the higher education supplemental retirement plan, established by chapter 354C;
67.17(17) the Minneapolis Employees Retirement Fund, established by chapter 422A;
67.18(18)
new text begin (17) new text end the Minneapolis Police Relief Association, established by chapter 423B;
67.19(19)
new text begin (18) new text end the Minneapolis Firefighters Relief Association, established by chapter
67.20423C; and
67.21(20)
new text begin (19) new text end the judges retirement fund, established by chapter 490.
67.22 Sec. 31. Minnesota Statutes 2008, section 356.407, subdivision 2, is amended to read:
67.23 Subd. 2.
Covered funds. The provisions of this section apply to the following
67.24retirement funds:
67.25(1) the general employees retirement plan of the Public Employees Retirement
67.26Association established under chapter 353
new text begin , including the MERF division of the Public new text end
67.27
new text begin Employees Retirement Associationnew text end ;
67.28(2) the public employees police and fire plan of the Public Employees Retirement
67.29Association established under chapter 353;
67.30(3) the State Patrol retirement plan established under chapter 352B;
67.31(4) the legislators retirement plan established under chapter 3A;
67.32(5) the elective state officers retirement plan established under chapter 352C;
new text begin andnew text end
67.33(6) the Teachers Retirement Association established under chapter 354; and
new text begin .new text end
67.34(7) the Minneapolis Employees Retirement Fund established under chapter 422A.
68.1 Sec. 32. Minnesota Statutes 2009 Supplement, section 356.415, subdivision 2, is
68.2amended to read:
68.3 Subd. 2.
Covered retirement plans. The provisions of this section apply to the
68.4following retirement plans:
68.5(1) the legislators retirement plan established under chapter 3A;
68.6(2) the correctional state employees retirement plan of the Minnesota State
68.7Retirement System established under chapter 352;
68.8(3) the general state employees retirement plan of the Minnesota State Retirement
68.9System established under chapter 352;
68.10(4) the State Patrol retirement plan established under chapter 352B;
68.11(5) the elective state officers retirement plan established under chapter 352C;
68.12(6) the general employees retirement plan of the Public Employees Retirement
68.13Association established under chapter 353
new text begin , including the MERF division of the Public new text end
68.14
new text begin Employees Retirement Associationnew text end ;
68.15(7) the public employees police and fire retirement plan of the Public Employees
68.16Retirement Association established under chapter 353;
68.17(8) the local government correctional employees retirement plan of the Public
68.18Employees Retirement Association established under chapter 353E;
68.19(9) the teachers retirement plan established under chapter 354; and
68.20(10) the judges retirement plan established under chapter 490.
68.21 Sec. 33. Minnesota Statutes 2008, section 356.431, subdivision 1, is amended to read:
68.22 Subdivision 1.
Lump-sum postretirement payment conversion. For benefits paid
68.23after December 31, 2001, to eligible persons under sections
new text begin section new text end 356.42 and
,
68.24the amount of the most recent lump-sum benefit payable to an eligible recipient under
68.25sections
new text begin section new text end
356.42 and
must be divided by 12. The result must be added to
68.26the monthly annuity or benefit otherwise payable to an eligible recipient, must become a
68.27permanent part of the benefit recipient's pension, and must be included in any pension
68.28benefit subject to future increases.
68.29 Sec. 34. Minnesota Statutes 2008, section 356.465, subdivision 3, is amended to read:
68.30 Subd. 3.
Covered retirement plans. The provisions of this section apply to the
68.31following retirement plans:
68.32(1) the general state employees retirement plan of the Minnesota State Retirement
68.33System established under chapter 352;
69.1(2) the correctional state employees retirement plan of the Minnesota State
69.2Retirement System established under chapter 352;
69.3(3) the State Patrol retirement plan established under chapter 352B;
69.4(4) the legislators retirement plan established under chapter 3A;
69.5(5) the judges retirement plan established under chapter 490;
69.6(6) the general employees retirement plan of the Public Employees Retirement
69.7Association established under chapter 353
new text begin , including the MERF division of the Public new text end
69.8
new text begin Employees Retirement Associationnew text end ;
69.9(7) the public employees police and fire plan of the Public Employees Retirement
69.10Association established under chapter 353;
69.11(8) the teachers retirement plan established under chapter 354;
69.12(9) the Duluth Teachers Retirement Fund Association established under chapter
69.13354A;
69.14(10) the St. Paul Teachers Retirement Fund Association established under chapter
69.15354A;
69.16(11) the Minneapolis Employees Retirement Fund established under chapter 422A;
69.17(12)
new text begin (11) new text end the Minneapolis Firefighters Relief Association established under chapter
69.18423C;
69.19(13)
new text begin (12) new text end the Minneapolis Police Relief Association established under chapter
69.20423B; and
69.21(14)
new text begin (13) new text end the local government correctional service retirement plan of the Public
69.22Employees Retirement Association established under chapter 353E.
69.23 Sec. 35. Minnesota Statutes 2008, section 356.64, is amended to read:
69.24
356.64 REAL ESTATE INVESTMENTS.
69.25(a) Notwithstanding any law to the contrary, any public pension plan whose assets
69.26are not invested by the State Board of Investment may invest its funds in Minnesota situs
69.27nonfarm real estate ownership interests or loans secured by mortgages or deeds of trust if
69.28the investment is consistent with section
356A.04.
69.29(b) Except to the extent authorized in the case of the Minneapolis Employees
69.30Retirement Fund under section
422A.05, subdivision 2c, paragraph (a), An investment
69.31otherwise authorized by this section must also comply with the requirements and
69.32limitations of section
11A.24, subdivision 6.
69.33 Sec. 36. Minnesota Statutes 2008, section 356.65, subdivision 2, is amended to read:
70.1 Subd. 2.
Disposition of abandoned amounts. Any unclaimed public pension
70.2fund amounts existing in any public pension fund are presumed to be abandoned, but are
70.3not subject to the provisions of sections
345.31 to
345.60. Unless the benefit plan of
70.4the public pension fund specifically provides for a different disposition of unclaimed or
70.5abandoned funds or amounts, any unclaimed public pension fund amounts cancel and
70.6must be credited to the public pension fund. If the unclaimed public pension fund amount
70.7exceeds $25 and the inactive or former member again becomes a member of the applicable
70.8public pension plan or applies for a retirement annuity under section
3A.12,
352.72,
70.9352B.30
,
353.71,
354.60,
new text begin or new text end 356.30, or
422A.16, subdivision 8, whichever applies, the
70.10canceled amount must be restored to the credit of the person.
70.11 Sec. 37. Minnesota Statutes 2008, section 356.91, is amended to read:
70.12
356.91 VOLUNTARY MEMBERSHIP DUES DEDUCTION.
70.13 (a) Upon written authorization of a person receiving an annuity from a public
70.14pension fund administered by the Minnesota State Retirement System,
new text begin or new text end the Public
70.15Employees Retirement Association, or the Minneapolis Employees Retirement Fund, the
70.16executive director of the public pension fund may deduct from the retirement annuity an
70.17amount requested by the annuitant to be paid as dues to any labor organization that is an
70.18exclusive bargaining agent representing public employees or an organization representing
70.19retired public employees of which the annuitant is a member and shall pay the amount to
70.20the organization so designated by the annuitant.
70.21 (b) A pension fund and the plan fiduciaries which authorize or administer deductions
70.22of dues payments under paragraph (a) are not liable for failure to properly deduct or
70.23transmit the dues amounts, provided that the fund and the fiduciaries have acted in good
70.24faith.
70.25 (c) The deductions under paragraph (a) may occur no more frequently than two
70.26times per year and may not be used for political purposes.
70.27 (d) Any labor organization specified in paragraph (a) shall reimburse the public
70.28pension fund for the administrative expense of withholding premium amounts.
70.29 Sec. 38. Minnesota Statutes 2009 Supplement, section 356.96, subdivision 1, is
70.30amended to read:
70.31 Subdivision 1.
Definitions. (a) Unless the language or context clearly indicates that
70.32a different meaning is intended, for the purpose of this section, the terms in paragraphs
70.33(b) to (e) have the meanings given them.
71.1 (b) "Chief administrative officer" means the executive director of a covered pension
71.2plan or the executive director's designee or representative.
71.3 (c) "Covered pension plan" means a plan enumerated in section
356.20, subdivision
71.42, clauses (1) to (4), (10)
new text begin (9)new text end , and (13)
new text begin (12) new text end to (16)
new text begin (15)new text end , but does not mean the
71.5deferred compensation plan administered under sections
352.965 and
352.97 or to the
71.6postretirement health care savings plan administered under section
352.98.
71.7 (d) "Governing board" means the Board of Trustees of the Public Employees
71.8Retirement Association, the Board of Trustees of the Teachers Retirement Association, or
71.9the Board of Directors of the Minnesota State Retirement System.
71.10 (e) "Person" includes an active, retired, deferred, or nonvested inactive participant in
71.11a covered pension plan or a beneficiary of a participant, or an individual who has applied
71.12to be a participant or who is or may be a survivor of a participant, or a state agency or
71.13other governmental unit that employs active participants in a covered pension plan.
71.14 Sec. 39. Minnesota Statutes 2008, section 473.511, subdivision 3, is amended to read:
71.15 Subd. 3.
Existing sanitary districts, joint sewer boards. Effective January 1,
71.161971, the corporate existence of the Minneapolis-St. Paul Sanitary District, the North
71.17Suburban Sanitary Sewer District, and any joint board created by agreement among local
71.18government units pursuant to section
471.59, to provide interceptors and treatment works
71.19for such local government units, shall terminate. All persons regularly employed by
71.20such sanitary districts and joint boards on that date or on any earlier date on which the
71.21former waste control commission pursuant to subdivisions 1 and 2 assumed ownership
71.22and control of any interceptors or treatment works owned or operated by such sanitary
71.23districts and joint boards, and who are employees of the commission on July 1, 1994, shall
71.24be employees of the council, and may at their option become members of the Minnesota
71.25State Retirement System or may continue as members of a public retirement association
71.26under chapter 422A or any other law, to which they belonged before such date, and shall
71.27retain all pension rights which they may have under such latter laws, and all other rights
71.28to which they are entitled by contract or law. Members of trades who are employed by
71.29the former Metropolitan Waste Control Commission, who have trade union pension
71.30coverage pursuant to a collective bargaining agreement, and who elected exclusion from
71.31coverage pursuant to section
473.512, or who are first employed after July 1, 1977, shall
71.32not be covered by the Minnesota State Retirement System. The council shall make the
71.33employer's contributions to pension funds of its employees. Such employees shall perform
71.34such duties as may be prescribed by the council. All funds of such sanitary districts and
71.35joint boards then on hand, and all subsequent collections of taxes, special assessments or
72.1service charges levied or imposed by or for such sanitary districts or joint boards shall
72.2be transferred to the council. The local government units otherwise entitled to such
72.3cash, taxes, assessments or service charges shall be credited with such amounts, and
72.4such credits shall be offset against any amounts to be paid by them to the council as
72.5provided in section
473.517. The former Metropolitan Waste Control Commission, and
72.6on July 1, 1994, the council shall succeed to and become vested by action of law with
72.7all right, title and interest in and to any property, real or personal, owned or operated
72.8by such sanitary districts and joint boards. Prior to that date the proper officers of such
72.9sanitary districts and joint boards, or the former Metropolitan Waste Control Commission,
72.10shall execute and deliver to the council all deeds, conveyances, bills of sale, and other
72.11documents or instruments required to vest in the council good and marketable title to all
72.12such real or personal property; provided that vesting of the title shall occur by operation
72.13of law and failure to execute and deliver the documents shall not affect the vesting of
72.14title in the former Metropolitan Waste Control Commission or the council on the dates
72.15indicated in this subdivision. The council shall become obligated to pay or assume all
72.16bonded or other debt and contract obligations incurred by the former Metropolitan Waste
72.17Control Commission, or by such sanitary districts and joint boards, or incurred by local
72.18government units for the acquisition or betterment of any interceptors or treatment works
72.19owned or operated by such sanitary districts or joint boards.
72.20 Sec. 40. Minnesota Statutes 2008, section 473.606, subdivision 5, is amended to read:
72.21 Subd. 5.
Employees, others, affirmative action; prevailing wage. The corporation
72.22shall have the power to appoint engineers and other consultants, attorneys, and such other
72.23officers, agents, and employees as it may see fit, who shall perform such duties and receive
72.24such compensation as the corporation may determine, and be removable at the pleasure of
72.25the corporation. The corporation shall adopt an affirmative action plan, which shall be
72.26submitted to the appropriate agency or office of the state for review and approval. The plan
72.27shall include a yearly progress report to the agency or office. Officers and employees of
72.28the corporation who cannot qualify and participate in the municipal employees retirement
72.29fund under chapter 422A, shall be separated from service at the retirement age applicable
72.30to officers or employees of the state of Minnesota in the classified service of the state civil
72.31service as provided in section
, or as the same may from time to time be amended,
72.32regardless of the provisions of the Veteran's Preference Act. Whenever the corporation
72.33performs any work within the limits of a city of the first class, or establishes a minimum
72.34wage for skilled or unskilled labor in the specifications or any contract for work within
73.1one of the cities, the rate of pay to such skilled and unskilled labor shall be the prevailing
73.2rate of wage for such labor in that city.
73.3 Sec. 41. Minnesota Statutes 2008, section 475.52, subdivision 6, is amended to read:
73.4 Subd. 6.
Certain purposes. Any municipality may issue bonds for paying
73.5judgments against it; for refunding outstanding bonds; for funding floating indebtedness;
73.6for funding actuarial liabilities to pay postemployment benefits to employees or officers
73.7after their termination of service; or for funding all or part of the municipality's current
73.8and future unfunded liability for a pension or retirement fund or plan referred to in
73.9section
356.20, subdivision 2, as those liabilities are most recently computed pursuant
73.10to sections
356.215 and
356.216. The board of trustees or directors of a pension fund or
73.11relief association referred to in section
69.77 or chapter 422A must consent and must
73.12be a party to any contract made under this section with respect to the fund held by it
73.13for the benefit of and in trust for its members. For purposes of this section, the term
73.14"postemployment benefits" means benefits giving rise to a liability under Statement No.
73.1545 of the Governmental Accounting Standards Board.
73.16 Sec. 42. Minnesota Statutes 2009 Supplement, section 480.181, subdivision 2, is
73.17amended to read:
73.18 Subd. 2.
Election to retain insurance and benefits; retirement. (a) Before a
73.19person is transferred to state employment under this section, the person may elect to do
73.20either or both of the following:
73.21(1) keep life insurance; hospital, medical, and dental insurance; and vacation and
73.22sick leave benefits and accumulated time provided by the county instead of receiving
73.23benefits from the state under the judicial branch personnel rules; or
73.24(2) remain a member of the
new text begin general employees retirement plan of the new text end Public
73.25Employees Retirement Association or the Minneapolis employees retirement fund
new text begin MERF new text end
73.26
new text begin division of the Public Employees Retirement Association new text end instead of joining the Minnesota
73.27State Retirement System.
73.28Employees who make an election under clause (1) remain on the county payroll,
73.29but the state shall reimburse the county on a quarterly basis for the salary and cost of the
73.30benefits provided by the county. The state shall make the employer contribution to the
73.31
new text begin general employees retirement plan of the new text end Public Employees Retirement Association or the
73.32employer contribution under section
422A.101new text begin 353.50new text end , subdivision 1anew text begin 7, paragraphs (c) new text end
73.33new text begin and (d)new text end
, to the Minneapolis Employees Retirement Fund
new text begin MERF division of the Public new text end
74.1
new text begin Employees Retirement Association new text end on behalf of employees who make an election under
74.2clause (2).
74.3(b) An employee who makes an election under paragraph (a), clause (1), may revoke
74.4the election, once, at any time, but if the employee revokes the election, the employee
74.5cannot make another election. An employee who makes an election under paragraph (a),
74.6clause (2), may revoke the election at any time within six months after the person becomes
74.7a state employee. Once an employee revokes this election, the employee cannot make
74.8another election.
74.9(c) The Supreme Court, after consultation with the Judicial Council, the
74.10commissioner of management and budget, and the executive directors of the Public
74.11Employees Retirement Association and the Minnesota State Retirement Association, shall
74.12adopt procedures for making elections under this section.
74.13(d) The Supreme Court shall notify all affected employees of the options available
74.14under this section. The executive directors of the Public Employees Retirement
74.15Association and the Minnesota State Retirement System shall provide counseling to
74.16affected employees on the effect of making an election to remain a member of the Public
74.17Employees Retirement Association.
74.18 Sec. 43.
new text begin EFFECTIVE DATE.new text end
74.19
new text begin Sections 1 to 42 are effective June 30, 2010.new text end
