2nd Engrossment - 94th Legislature (2025 - 2026)
Posted on 11/05/2025 01:00 p.m.
| Engrossments | ||
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Introduction
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Posted on 03/20/2025 | |
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1st Engrossment
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Posted on 05/16/2025 | |
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2nd Engrossment
PDF
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Posted on 05/17/2025 |
A bill for an act
relating to retirement; Minnesota State Retirement System, making administrative
changes, increasing the formula multiplier and the postretirement adjustment for
the general state employees retirement plan, and increasing the postretirement
adjustment for the legislators and unclassified retirement plans; Public Employees
Retirement Association, making administrative and conforming changes, increasing
the cap on the postretirement adjustment for the general employees retirement
plan, expanding the privatization requirements and revising the method for
calculating withdrawal liability; implementing the recommendations of the MSRS
correctional plan eligibility work group, the amortization work group, and the
State Auditor's fire relief association working group; increasing the employer
contribution maximum for the higher education supplemental retirement plan;
increasing the maximum lump-sum benefit level for defined benefit firefighter
relief associations; Minnesota Secure Choice Retirement Program, making
administrative and policy changes, authorizing the commissioner of employment
and economic development to disclose information to the executive director, and
adding penalties for noncompliance; modifying the pension fund executive directors'
authority to correct errors and modifying the annual reporting requirement;
repealing the investment business recipient disclosure reporting requirement for
firefighter relief associations; establishing a work group on pension plans for
probation officers and 911 telecommunicators; modifying circumstances for
terminating state and supplemental employer contributions; modifying certain
public safety benefits; providing certain teacher retirement association benefit
increases; modifying duty disability and health insurance continuation for peace
officers and firefighters; making technical changes, clarifications, and corrections
to the statutes governing the Legislative Commission on Pensions and Retirement,
the statewide volunteer firefighter plan, IRAP to TRA transfers, fire state aid and
police and firefighter retirement supplemental state aid, and the public employees
defined contribution plan; modifying practices for reporting and repealing certain
reporting requirements for the State Board of Investment; eliminating obsolete
provisions; appropriating money; amending Minnesota Statutes 2024, sections
3.85, subdivisions 2, 3, 10; 11A.07, subdivisions 4, 4b; 124E.12, subdivisions 4,
6; 126C.10, subdivision 37; 181.101; 187.03, subdivisions 5, 7, 7a, by adding a
subdivision; 187.05, subdivisions 4, 6, by adding a subdivision; 187.07,
subdivisions 1, 2, 3, 6; 187.08, subdivisions 3, 7; 187.11; 268.19, subdivision 1;
299A.465, subdivision 1; 352.01, by adding a subdivision; 352.029, subdivision
3; 352.03, subdivision 5; 352.115, subdivision 3; 352.22, subdivisions 2b, 3;
352.90; 352.92, subdivision 2a; 352.93, subdivision 1; 352.955, subdivision 1;
352B.02, subdivision 1c; 353.01, subdivisions 2a, 2b, 2d; 353.028, subdivisions
2, 3; 353.032, subdivisions 3, 4, 5, 6, 7, 9, 10; 353.27, subdivision 3a; 353.34,
subdivision 5; 353.65, subdivision 3b; 353D.01, subdivision 2; 353D.02,
subdivisions 1, 2, 3, 4, 5, 6, 7; 353E.06, subdivision 1; 353F.01; 353F.02,
subdivisions 3, 4b, 5a, 6, by adding subdivisions; 353F.025; 353F.03; 353F.04;
353F.05; 353F.051, subdivisions 1, 2; 353F.052; 353F.057; 353F.06; 353F.07;
353F.08; 353F.09; 353G.08, subdivision 1a; 353G.11, subdivisions 2, 2a, by adding
a subdivision; 353G.17, subdivisions 4, 5; 353G.19, subdivisions 1, 2, 3, 4, 5;
354.42, subdivision 3; 354.44, subdivision 6; 354B.215, subdivisions 3, 4; 356.215,
subdivisions 1, 4, 8, 11, 17; 356.24, subdivision 1; 356.415, subdivisions 1, 1b,
1c, 1d, 1e; 356.633, subdivisions 1, 2, by adding a subdivision; 356.636,
subdivisions 2, 3; 423A.022, subdivisions 2, 3, 5; 424A.014, subdivisions 2, 5;
424A.015, subdivision 4; 424A.016, subdivisions 2, 6; 424A.02, subdivision 3;
424A.05, subdivision 3; 424A.06, subdivision 2; 424A.08; 424A.092, subdivisions
2, 3, 4; 424A.093, subdivision 5; 424B.22, subdivisions 1, 2, 3, by adding a
subdivision; 477B.02, subdivisions 3, 8; 477B.03, subdivisions 5, 7; 477B.04,
subdivisions 3, 4; 490.123, subdivision 5; proposing coding for new law in
Minnesota Statutes, chapters 187; 352; 352B; 356; repealing Minnesota Statutes
2024, sections 11A.27; 352.91, subdivisions 1, 2, 2a, 3c, 3d, 3e, 3f, 3g, 3h, 3i, 3j,
4a, 4b, 4c, 6; 353F.02, subdivision 4a; 356.635, subdivision 9; 356A.06, subdivision
5; 424A.015, subdivision 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2024, section 352.115, subdivision 3, is amended to read:
(a) This paragraph, in conjunction with section
352.116, subdivision 1, applies to a person who became a covered employee or a member
of a pension fund listed in section 356.30, subdivision 3, before July 1, 1989, unless
paragraph (b), in conjunction with section 352.116, subdivision 1a, produces a higher annuity
amount, in which case paragraph (b) applies.
new text begin (1) If the employee does not have allowable service after June 30, 2025,new text end the employee's
new text begin retirement annuity is equal to the employee's new text end average salarydeleted text begin , as defined in section 352.01,
subdivision 14a,deleted text end multiplied by 1.2 percent per year of allowable service for the first ten
years and 1.7 percent for each later year of allowable service and pro rata for completed
months less than a full year deleted text begin determines the amount of the retirement annuity to which the
employee is entitleddeleted text end .
new text begin
(2) If the employee has allowable service after June 30, 2025, the employee's retirement
annuity is equal to the employee's average salary multiplied by 1.2 percent per year of
allowable service for the first ten years and 1.7 percent for each later year of allowable
service through June 30, 2025, and 1.9 percent for each year of allowable service after June
30, 2025, and pro rata for completed months less than a full year.
new text end
(b) This paragraph applies to a person who has become at least 55 years old and first
became a covered employee after June 30, 1989, and to any other covered employee who
has become at least 55 years old and whose annuity amount, when calculated under this
paragraph and in conjunction with section 352.116, subdivision 1a, is higher than it is when
calculated under paragraph (a), in conjunction with section 352.116, subdivision 1.
new text begin (1) If the employee does not have allowable service after June 30, 2025,new text end the employee's
new text begin retirement annuity is equal to the employee's new text end average salarydeleted text begin , as defined in section 352.01,
subdivision 14a,deleted text end multiplied by 1.7 percent for each year of allowable service and pro rata
for new text begin completed new text end months less than a full year deleted text begin determines the amount of the retirement annuity
to which the employee is entitleddeleted text end .
new text begin
(2) If the employee has allowable service after June 30, 2025, the employee's retirement
annuity is equal to the employee's average salary multiplied by 1.7 percent for each year of
allowable service through June 30, 2025, and 1.9 percent for each year of allowable service
after June 30, 2025, and pro rata for completed months less than a full year.
new text end
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 352.22, subdivision 2b, is amended to read:
Any person who has received a refund from the state
employees retirement plandeleted text begin ,deleted text end new text begin or the correctional state employees retirement plannew text end and who is
a member of any of the retirement plans specified in section 356.311, paragraph (b), may
repay the refund with interest to the deleted text begin state employees retirementdeleted text end plannew text begin from which the refund
was paidnew text end . If a refund is repaid to the plan and more than one refund has been received from
the plan, all refunds must be repaid. Repayment must be made as provided in section 352.23,
and under terms and conditions consistent with that section as agreed upon with the director.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 352.22, subdivision 3, is amended to read:
(a) new text begin After separation from state service, new text end an employee deleted text begin who
has at least three years of allowable service if employed before July 1, 2010, or who has at
least five years of allowable service if employed after June 30, 2010, when termination
occursdeleted text end may elect to leave the new text begin employee's new text end accumulated contributions in the new text begin retirement new text end fund
and thereby be entitled to a deferred retirement annuitydeleted text begin .deleted text end new text begin if the employee:
new text end
new text begin
(1) is a member of the state employees retirement plan and satisfies the allowable service
requirement under section 352.115, subdivision 1, applicable to the employee; or
new text end
new text begin
(2) is a member of the correctional state employees retirement plan and satisfies the
allowable service requirement under section 352.925 applicable to the employee.
new text end
new text begin (b) new text end The annuity must be computed under the law in effect when new text begin the employee separates
from new text end state service deleted text begin terminateddeleted text end , on the basis of the allowable service credited to the person
before the deleted text begin termination ofdeleted text end new text begin separation from state new text end service.
deleted text begin (b)deleted text end new text begin (c) new text end An employee on layoff or on leave of absence without pay, except a leave of
absence for health reasons, and who does not return to state service must have an annuity,
deferred annuity, or other benefit to which the employee may become entitled computed
under the law in effect on the employee's last working day.
deleted text begin (c)deleted text end new text begin (d) new text end No application for a deferred annuity may be made more than 60 days before the
time the former employee reaches the required age for entitlement to the payment of the
annuity. The deferred annuity begins to accrue no earlier than 60 days before the date the
application is filed in the office of the system, but not (1) before the date on which the
employee reaches the required age for entitlement to the annuity nor (2) before the day
following the termination of state service in a position which is not covered by the retirement
system.
deleted text begin (d)deleted text end new text begin (e) new text end Application for the accumulated contributions left on deposit with the fund may
be made at any time following the date of the termination of service.
deleted text begin (e)deleted text end new text begin (f) new text end Deferred annuities must be augmented as provided in subdivision 3a.
new text begin
This section is effective retroactively from July 1, 2023.
new text end
Minnesota Statutes 2024, section 356.415, subdivision 1, is amended to read:
(a) Recipients of a retirement annuity,
disability benefit, or survivor benefit from the general state employees retirement plan, the
legislators retirement plan, or the unclassified state employees retirement program are
entitled to an annual postretirement adjustment, effective as of each January 1, as follows:
deleted text begin
(1) effective January 1, 2019, through December 31, 2023, a postretirement increase of
one percent must be applied each year to the amount of the monthly annuity or benefit of
each annuitant or benefit recipient who has been receiving an annuity or a benefit for at
least 12 full months as of the June 30 of the calendar year immediately before the adjustment;
deleted text end
deleted text begin
(2) effective January 1, 2019, through December 31, 2023, for each annuitant or benefit
recipient who has been receiving an annuity or a benefit for at least one full month, but less
than 12 full months as of the June 30 of the calendar year immediately before the adjustment,
a postretirement increase of 1/12 of one percent for each month that the person has been
receiving an annuity or benefit must be applied to the amount of the monthly annuity or
benefit of the annuitant or benefit recipient;
deleted text end
deleted text begin (3)deleted text end new text begin (1)new text end effective January 1, deleted text begin 2024deleted text end new text begin 2026new text end , and thereafter, a postretirement increase of deleted text begin 1.5deleted text end new text begin
1.75new text end percent must be applied each year to the amount of the monthly annuity or benefit of
each annuitant or benefit recipient who has been receiving an annuity or a benefit for at
least 12 full months as of the June 30 of the calendar year immediately before the adjustment;
and
deleted text begin (4)deleted text end new text begin (2)new text end effective January 1, deleted text begin 2024deleted text end new text begin 2026new text end , and thereafter, for each annuitant or benefit
recipient who has been receiving an annuity or a benefit for at least one full month, but less
than 12 full months as of the June 30 of the calendar year immediately before the adjustment,
an annual postretirement increase of 1/12 of deleted text begin 1.5deleted text end new text begin 1.75new text end percent for each month that the person
has been receiving an annuity or benefit must be applied to the amount of the monthly
annuity or benefit of the annuitant or benefit recipient.
(b) An increase in annuity or benefit payments under this subdivision must be made
automatically unless written notice is filed by the annuitant or benefit recipient with the
executive director of the deleted text begin covereddeleted text end new text begin Minnesota Statenew text end Retirement deleted text begin plandeleted text end new text begin Systemnew text end requesting that
the increase not be made.
new text begin
This section is effective for postretirement adjustments beginning
on or after January 1, 2026.
new text end
Minnesota Statutes 2024, section 353.01, subdivision 2a, is amended to read:
(a) new text begin Any new text end public deleted text begin employeesdeleted text end new text begin
employeenew text end whose salary from one governmental subdivision deleted text begin exceedsdeleted text end new text begin is expected to exceednew text end
$425 in any month and who deleted text begin aredeleted text end new text begin isnew text end not specifically excluded under subdivision 2b or deleted text begin havedeleted text end new text begin
hasnew text end not been provided an option to participate under subdivision 2d, whether individually
or by action of the governmental subdivision, must participate new text begin beginning on the employee's
first day of employment new text end as deleted text begin membersdeleted text end new text begin a membernew text end of the association with retirement coverage
by the general employees retirement plan under this chapter, the public employees police
and fire plan under this chapter, or the local government correctional employees retirement
plan under chapter 353E, whichever applies. new text begin For any employee whose salary is not expected
to exceed $425 in any month, new text end membership commences deleted text begin as a condition of employment on
the first day of employment ordeleted text end on the first day that the new text begin employee's salary exceeds $425 and
the other new text end eligibility criteria are metdeleted text begin , whichever is laterdeleted text end . Public employees include but are
not limited to:
(1) persons whose salary meets the threshold in this paragraph from employment in one
or more positions within one governmental subdivision;
(2) elected county sheriffs;
(3) persons who are appointed, employed, or contracted to perform governmental
functions that by law or local ordinance are required of a public officer, including, but not
limited to:
(i) town and city clerk or treasurer;
(ii) county auditor, treasurer, or recorder;
(iii) city manager as defined in section 353.028 who does not exercise the option provided
under subdivision 2d; or
(iv) emergency management director, as provided under section 12.25;
(4) physicians under section 353D.01, subdivision 2, who do not elect public employees
defined contribution plan coverage under section 353D.02, subdivision 2;
(5) full-time employees of the Dakota County Agricultural Society;
(6) employees of the Red Wing Port Authority who were first employed by the Red
Wing Port Authority before May 1, 2011, and who are not excluded employees under
subdivision 2b;
(7) employees of the Seaway Port Authority of Duluth who are not excluded employees
under subdivision 2b;
(8) employees of the Stevens County Housing and Redevelopment Authority who were
first employed by the Stevens County Housing and Redevelopment Authority before May
1, 2014, and who are not excluded employees under subdivision 2b;
(9) employees of the Minnesota River Area Agency on Aging who were first employed
by a Regional Development Commission before January 1, 2016, and who are not excluded
employees under subdivision 2b; and
(10) employees of the Public Employees Retirement Association.
(b) A public employee or elected official who was a member of the association on June
30, 2002, based on employment that qualified for membership coverage by the public
employees retirement plan or the public employees police and fire plan under this chapter,
or the local government correctional employees retirement plan under chapter 353E as of
June 30, 2002, retains that membership for the duration of the person's employment in that
position or incumbency in elected office. Except as provided in subdivision 28, the person
shall participate as a member until the employee or elected official terminates public
employment under subdivision 11a or terminates membership under subdivision 11b.
(c) If the salary of an included public employee is less than $425 in any subsequent
month, the member retains membership eligibility.
(d) For the purpose of participation in the general employees retirement plan, public
employees include employees who were members of the former Minneapolis Employees
Retirement Fund on June 29, 2010.
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 353.01, subdivision 2b, is amended to read:
(a) The following public employees are not eligible to
participate as members of the association with retirement coverage by the general employees
retirement plan, the local government correctional employees retirement plan under chapter
353E, or the public employees police and fire plan:
(1) persons whose salary from one governmental subdivision never exceeds new text begin or is never
expected to exceed new text end $425 in a month;
(2) public officers who are elected to a governing body, city mayors, or persons who
are appointed to fill a vacancy in an elected office of a governing body, whose term of office
commences on or after July 1, 2002, for the service to be rendered in that elected position;
(3) election judges and persons employed solely to administer elections;
(4) patient and inmate personnel who perform services for a governmental subdivision;
(5) except as otherwise specified in subdivision 12a, employees who are employed solely
in a temporary position as defined under subdivision 12a, and employees who resign from
a nontemporary position and accept a temporary position within 30 days of that resignation
in the same governmental subdivision;
(6) employees who are employed by reason of work emergency caused by fire, flood,
storm, or similar disaster, but if the person becomes a probationary or provisional employee
within the same pay period, other than on a temporary basis, the person is a "public
employee" retroactively to the beginning of the pay period;
(7) employees who by virtue of their employment in one governmental subdivision are
required by law to be a member of and to contribute to any of the plans or funds administered
by the Minnesota State Retirement System, the Teachers Retirement Association, or the St.
Paul Teachers Retirement Fund Association, but this exclusion must not be construed to
prevent a person from being a member of and contributing to the Public Employees
Retirement Association and also belonging to and contributing to another public pension
plan or fund for other service occurring during the same period of time, and a person who
meets the definition of "public employee" in subdivision 2 by virtue of other service occurring
during the same period of time becomes a member of the association unless contributions
are made to another public retirement plan on the salary based on the other service or to the
Teachers Retirement Association by a teacher as defined in section 354.05, subdivision 2;
(8) persons who are members of a religious order and are excluded from coverage under
the federal Old Age, Survivors, Disability, and Health Insurance Program for the performance
of service as specified in United States Code, title 42, section 410(a)(8)(A), as amended, if
no irrevocable election of coverage has been made under section 3121(r) of the Internal
Revenue Code of 1954, as amended;
(9) persons who are:
(i) employed by a governmental subdivision who have not reached the age of 23 and
who are enrolled on a full-time basis to attend or are attending classes on a full-time basis
at an accredited school, college, or university in an undergraduate, graduate, or
professional-technical program, or at a public or charter high school;
(ii) employed as resident physicians, medical interns, pharmacist residents, or pharmacist
interns and are serving in a degree or residency program in a public hospital or in a public
clinic; or
(iii) students who are serving for a period not to exceed five years in an internship or a
residency program that is sponsored by a governmental subdivision, including an accredited
educational institution;
(10) persons who hold a part-time adult supplementary technical college license who
render part-time teaching service in a technical college;
(11) for the first three years of employment, foreign citizens who are employed by a
governmental subdivision, except that the following foreign citizens must be considered
included employees under subdivision 2a:
(i) H-1B, H-1B1, and E-3 status holders;
(ii) employees of Hennepin County or Hennepin Healthcare System, Inc.;
(iii) employees legally authorized to work in the United States for three years or more;
and
(iv) employees otherwise required to participate under federal law;
(12) public hospital employees who elected not to participate as members of the
association before 1972 and who did not elect to participate from July 1, 1988, to October
1, 1988;
(13) deleted text begin except as provided in section 353.86,deleted text end volunteer ambulance service personnel, as
defined in subdivision 35, but persons who serve as volunteer ambulance service personnel
may still qualify as public employees under subdivision 2 and may be members of the Public
Employees Retirement Association and participants in the general employees retirement
plan or the public employees police and fire plan, whichever applies, on the basis of
compensation received from public employment service other than service as volunteer
ambulance service personnel;
(14) except as provided in section 353.87, volunteer firefighters, as defined in subdivision
36, engaging in activities undertaken as part of volunteer firefighter duties, but a person
who is a volunteer firefighter may still qualify as a public employee under subdivision 2
and may be a member of the Public Employees Retirement Association and a participant
in the general employees retirement plan or the public employees police and fire plan,
whichever applies, on the basis of compensation received from public employment activities
other than those as a volunteer firefighter;
(15) employees in the building and construction trades, as follows:
(i) pipefitters and associated trades personnel employed by Independent School District
No. 625, St. Paul, with coverage under a collective bargaining agreement by the pipefitters
local 455 pension plan who were either first employed after May 1, 1997, or, if first employed
before May 2, 1997, elected to be excluded under Laws 1997, chapter 241, article 2, section
12;
(ii) electrical workers, plumbers, carpenters, and associated trades personnel employed
by Independent School District No. 625, St. Paul, or the city of St. Paul, with coverage
under a collective bargaining agreement by the electrical workers local 110 pension plan,
the plumbers local 34 pension plan, or the carpenters local 322 pension plan who were either
first employed after May 1, 2000, or, if first employed before May 2, 2000, elected to be
excluded under Laws 2000, chapter 461, article 7, section 5;
(iii) bricklayers, allied craftworkers, cement masons, glaziers, glassworkers, painters,
allied tradesworkers, and plasterers employed by the city of St. Paul or Independent School
District No. 625, St. Paul, with coverage under a collective bargaining agreement by the
bricklayers and allied craftworkers local 1 pension plan, the cement masons local 633
pension plan, the glaziers and glassworkers local 1324 pension plan, the painters and allied
trades local 61 pension plan, or the plasterers local 265 pension plan who were either first
employed after May 1, 2001, or if first employed before May 2, 2001, elected to be excluded
under Laws 2001, First Special Session chapter 10, article 10, section 6;
(iv) plumbers employed by the Metropolitan Airports Commission, with coverage under
a collective bargaining agreement by the plumbers local 34 pension plan, who were either
first employed after May 1, 2001, or if first employed before May 2, 2001, elected to be
excluded under Laws 2001, First Special Session chapter 10, article 10, section 6;
(v) electrical workers or pipefitters employed by the Minneapolis Park and Recreation
Board, with coverage under a collective bargaining agreement by the electrical workers
local 292 pension plan or the pipefitters local 539 pension plan, who were first employed
before May 2, 2015, and elected to be excluded under Laws 2015, chapter 68, article 11,
section 5;
(vi) laborers and associated trades personnel employed by the city of St. Paul or
Independent School District No. 625, St. Paul, who are designated as temporary employees
with coverage under a collective bargaining agreement by a multiemployer plan as defined
in section 356.27, subdivision 1, who were either first employed on or after June 1, 2018,
or if first employed before June 1, 2018, elected to be excluded under Laws 2018, chapter
211, article 16, section 13; and
(vii) employees who are trades employees as defined in section 356.27, subdivision 1,
first hired on or after July 1, 2020, by the city of St. Paul or Independent School District
No. 625, St. Paul, except for any trades employee for whom contributions are made under
section 356.24, subdivision 1, clause (8), (9), or (10), by either employer to a multiemployer
plan as defined in section 356.27, subdivision 1;
(16) employees who are hired after June 30, 2002, solely to fill seasonal positions under
subdivision 12b which are limited in duration by the employer to a period of six months or
less in each year of employment with the governmental subdivision;
(17) persons who are provided supported employment or work-study positions by a
governmental subdivision and who participate in an employment or industries program
maintained for the benefit of these persons where the governmental subdivision limits the
position's duration to up to five years, including persons participating in a federal or state
subsidized on-the-job training, work experience, senior citizen, youth, or unemployment
relief program where the training or work experience is not provided as a part of, or for,
future permanent public employment;
(18) independent contractors and the employees of independent contractors;
(19) reemployed annuitants of the association during the course of that reemployment;
(20) persons appointed to serve on a board or commission of a governmental subdivision
or an instrumentality thereof;
(21) persons employed as full-time fixed-route bus drivers by the St. Cloud Metropolitan
Transit Commission who are members of the International Brotherhood of Teamsters Local
638 and who are, by virtue of that employment, members of the International Brotherhood
of Teamsters Central States pension plan; and
(22) persons employed by the Duluth Transit Authority or any subdivision thereof who
are members of the Teamsters General Local Union 346 and who are, by virtue of that
employment, members of the Central States Southeast and Southwest Areas Pension Fund.
(b) Any person performing the duties of a public officer in a position defined in
subdivision 2a, paragraph (a), clause (3), is not an independent contractor and is not an
employee of an independent contractor.
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 353.01, subdivision 2d, is amended to read:
(a) Membership in the association is optional by
action of the individual employee for the following public employees who meet the conditions
set forth in subdivision 2a:
(1) members of the coordinated plan who are also employees of labor organizations as
defined in section 353.017, subdivision 1, for their employment by the labor organization
only, if they elect to have membership under section 353.017, subdivision 2;
(2) persons who are elected or deleted text begin persons who aredeleted text end appointed to elected positionsnew text begin ,new text end other
than local governing body elected positionsnew text begin , andnew text end who elect to participate new text begin within 30 days of
taking office new text end by deleted text begin filingdeleted text end new text begin completing and signingnew text end a deleted text begin written election fordeleted text end membershipnew text begin election
on a form prescribed by the executive director of the association and filing the membership
election with the association within 60 days of taking officenew text end ;
(3) members of the association who are appointed by the governor to be a state department
head and who elect not to be covered by the general state employees retirement plan of the
Minnesota State Retirement System under section 352.021;
(4) city managers as defined in section 353.028, subdivision 1, who do not elect to be
excluded from membership in the association under section 353.028, subdivision 2; and
(5) employees of the Port Authority of the city of St. Paul on January 1, 2003, who were
at least age 45 on that date, and who elected to participate by deleted text begin filing a writtendeleted text end new text begin completing
and signing a membershipnew text end election deleted text begin for membershipdeleted text end .
(b) Membership in the association is optional by action of the governmental subdivision
for the employees of the following governmental subdivisions under the conditions specified:
(1) the Minnesota Association of Townships if the board of that association, at its option,
certifies to the executive director that its employees who meet the conditions set forth in
subdivision 2a are to be included for purposes of retirement coverage, in which case the
status of the association as a participating employer is permanent;
(2) a county historical society if the county in which the historical society is located, at
its option, certifies to the executive director that the employees of the historical society who
meet the conditions set forth in subdivision 2a are to be considered county employees for
purposes of retirement coverage under this chapter. The status as a county employee must
be accorded to all similarly situated county historical society employees and, once established,
must continue as long as a person is an employee of the county historical society; and
(3) Hennepin Healthcare System, Inc., a public corporation, with respect to employees
other than paramedics, emergency medical technicians, and protection officers, if the
corporate board establishes alternative retirement plans for certain classes of employees of
the corporation and certifies to the association the applicable employees to be excluded
from future retirement coverage.
(c) For employees who are covered by paragraph (a), clause (1), (2), or (3), or covered
by paragraph (b), clause (1) or (2), if the necessary membership election is not made, the
employee is excluded from retirement coverage under this chapter. For employees who are
covered by paragraph (a), clause (4), if the necessary electionnew text begin of exclusionnew text end is not made, the
employee must become a member and have retirement coverage under the applicable
provisions of this chapter. For employees specified in paragraph (b), clause (3), membership
continues until the exclusion option is exercised for the designated class of employee.
(d) The option to become a member, once exercised under this subdivision, may not be
withdrawn until the termination of public service as defined under subdivision 11a.
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 353.028, subdivision 2, is amended to read:
(a) A city manager first employed by a city may make a onetime,
irrevocable election to be excluded from membership in the general employees retirement
plan of the association. The election of exclusion must be made within 30 days following
the commencement of employment, must be made in writing on a form prescribed by the
executive director, deleted text begin anddeleted text end must be approved by a resolution adopted by the governing body
of the citynew text begin , and must be filed with the association within 60 days of commencing employmentnew text end .
The election of exclusion is not effective until it is filed with the executive director.
Membership of a city manager in the general employees retirement plan ceases on the date
the written electionnew text begin of exclusionnew text end is received by the executive director. Employee and
employer contributions made during the first deleted text begin 30deleted text end new text begin 60new text end days of employment on behalf of a
person exercising the option to be excluded from membership under this paragraph must
be refunded or credited in accordance with section 353.27, subdivision 7.
(b) A city manager who has previously been an employee in any position covered by
any retirement plan administered by the association to which the city contributed or by any
supplemental pension or deferred compensation plan under section 356.24 sponsored by
the city is not eligible to make the election under paragraph (a).
(c) Any election under paragraph (a) must include a statement that the individual will
not seek authorization to purchase service credit for any period of excluded service.
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 353.028, subdivision 3, is amended to read:
(a) If an election of exclusion
under subdivision 2 is made, and if the city manager and the governing body of the city
additionally agree in writing that the additional compensation is to be deferred and is to be
contributed on behalf of the city manager to a deferred compensation program that meets
the requirements of section 457 of the Internal Revenue Code of 1986, as amended, and
section 356.24, the governing body may compensate the city manager, in addition to the
salary allowed under any limitation imposed on salaries by law or charter, in an amount
equal to the employer contribution that would be required by section 353.27, subdivision
3, if the city manager were a member of the general employees retirement plan.
(b) Alternatively, if an election of exclusion under subdivision 2 is made, the city manager
and the governing body of the city may agree in writing that the equivalent employer
contribution to the contribution under section 353.27, subdivision 3, be contributed by the
city to the defined contribution plan of the Public Employees Retirement Association under
chapter 353D. deleted text begin Anydeleted text end new text begin An election andnew text end agreement under this paragraph must be entered into
within 30 days following the commencement of employment.
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 353.27, subdivision 3a, is amended to read:
(a) An additional employer contribution
to the general employees retirement fund of the Public Employees Retirement Association
must be made equal to the following applicable percentage of the total salary amount for
"basic members" and for "coordinated members":
| Basic Program |
Coordinated Program |
|||
| Effective before January 1, 2006 |
2.68 |
.43 |
||
| Effective January 1, 2006 |
2.68 |
.5 |
||
| Effective January 1, 2009 |
2.68 |
.75 |
||
| Effective January 1, 2010 |
2.68 |
1 |
These contributions must be made from funds available to the employing subdivision
by the means and in the manner provided in section 353.28.
deleted text begin
(b) The coordinated program contribution rates set forth in paragraph (a) effective for
January 1, 2010, must not be implemented if, following receipt of the July 1, 2009, annual
actuarial valuation report under section 356.215, respectively, the actuarially required
contributions are equal to or less than the total rates under this section in effect as of January
1, 2008.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end This subdivision is repealed once the actuarial value of the assets of the general
employees retirement plan of the Public Employees Retirement Association equal or exceednew text begin
98 percent ofnew text end the actuarial accrued liability of the plan as determined by the actuary retained
under sections 356.214 and 356.215. The repeal is effective on the first day of the first full
pay period occurring after March 31 of the calendar year following the issuance of the
actuarial valuation upon which the repeal is based.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 353.34, subdivision 5, is amended to read:
The right to a refund provided in this
chapterdeleted text begin , and laws amendatory thereof,deleted text end is not restricted as to timedeleted text begin unless specifically provided
and the statute of limitation does not apply theretodeleted text end .
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 353E.06, subdivision 1, is amended to read:
A member who is determined
to qualify for a duty disability as defined in section 353E.001, subdivision 1, is entitled to
a disability benefit. The disability benefit must be based on covered service under this
chapter only and is an amount equal to 47.5 percent of the average salary defined in section
353E.04, subdivision 2, plus deleted text begin an additional 1.9 percentdeleted text end new text begin ,new text end for each year of covered service
under this chapter in excess of 25 yearsdeleted text begin .deleted text end new text begin :
new text end
new text begin
(1) 1.9 percent for each year of allowable service beginning before July 1, 2025; and
new text end
new text begin
(2) 2.2 percent for each year of allowable service beginning after June 30, 2025.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 356.415, subdivision 1b, is amended to read:
(a) Annuities, disability benefits, and
survivor benefits being paid from the general employees retirement plan of the Public
Employees Retirement Association shall be increased effective each January 1 by the
percentage of increase determined under this subdivision. The increase to the annuity or
benefit shall be determined by multiplying the monthly amount of the annuity or benefit by
the percentage of increase specified in paragraph (b), after taking into account any reduction
to the percentage of increase required under paragraph deleted text begin (c)deleted text end new text begin (d)new text end .
(b) The percentage of increase shall be one percent unless the federal Social Security
Administration has announced a cost-of-living adjustment pursuant to United States Code,
title 42, section 415(i), in the last quarter of the preceding calendar year that is greater than
deleted text begin twodeleted text end new text begin onenew text end percent. If the cost-of-living adjustment announced by the federal Social Security
Administration is greater than deleted text begin twodeleted text end new text begin onenew text end percent, the percentage of increase deleted text begin shall be 50 percent
ofdeleted text end new text begin must be the same asnew text end the cost-of-living adjustment announced by the federal Social Security
Administration, but in no event may the percentage of increase exceed deleted text begin 1.5 percentdeleted text end new text begin the
applicable maximum percentage in effect on January 1 under paragraph (c)new text end .
new text begin
(c) The applicable maximum percentage in effect on January 1 is 1.75 percent, unless
either of the following is true, in which case the applicable maximum percentage is 1.5
percent:
new text end
new text begin
(1) the market value of assets equals or is less than 85 percent of the actuarial accrued
liabilities as reported by the plan's actuary in the most recent two consecutive annual actuarial
valuations; or
new text end
new text begin
(2) the market value of assets equals or is less than 80 percent of the actuarial accrued
liabilities as reported by the plan's actuary in the most recent annual actuarial valuation.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end (1) If the recipient of an annuity, disability benefit, or survivor's benefit has been
receiving the annuity or benefit for at least 12 full months as of the June 30 of the calendar
year immediately before the effective date of the increase, there is no reduction in the
percentage of increase.
(2) If the recipient of an annuity, disability benefit, or survivor's benefit has been receiving
the annuity or benefit for at least one month, but less than 12 full months, as of the June 30
of the calendar year immediately preceding the effective date of the increase, the percentage
of increase is multiplied by a fraction, the numerator of which is the number of months the
annuity or benefit was received as of June 30 of the preceding calendar year and the
denominator of which is 12.
deleted text begin (d)deleted text end new text begin (e)new text end An increase in annuity or benefit payments under this deleted text begin sectiondeleted text end new text begin subdivisionnew text end must
be made automatically unless written notice is filed by the recipient with the executive
director of the Public Employees Retirement Association requesting that the increase not
be made.
new text begin
This section is effective for postretirement adjustments beginning
on or after January 1, 2026.
new text end
Minnesota Statutes 2024, section 353D.01, subdivision 2, is amended to read:
(a) Eligibility to participate in the plan is available to:
(1) any elected or appointed local government official of a governmental subdivision
who elects to participate in the plan under section 353D.02, subdivision 1, and who, for the
service rendered to a governmental subdivision, is not a member of the association within
the meaning of section 353.01, subdivision 7;
(2) physicians who, if they did not elect to participate in the plan under section 353D.02,
subdivision 2, would meet the definition of member under section 353.01, subdivision 7;
(3) basic and advanced life-support emergency medical service personnel who are
employed by any public ambulance service that elects to participate under section 353D.02,
subdivision 3;
(4) members of a municipal rescue squad associated with the city of Litchfield in Meeker
County, or of a county rescue squad associated with Kandiyohi County, if an independent
nonprofit rescue squad corporation, incorporated under chapter 317A, performing emergency
management services, and if not affiliated with a fire department or ambulance service and
if its members are not eligible for membership in that fire department's or ambulance service's
relief association or comparable pension plan;
new text begin
(5) members of the municipal rescue squad associated with the city of Eden Valley in
Stearns and Meeker Counties who are not eligible for membership in the police and fire
retirement plan or a firefighter relief association affiliated with the city and who elect to
participate in the plan under section 353D.02, subdivision 4, paragraph (b);
new text end
deleted text begin (5)deleted text end new text begin (6)new text end employees of the Port Authority of the city of St. Paul who elect to participate
in the plan under section 353D.02, subdivision 5, and who are not members of the association
under section 353.01, subdivision 7;
deleted text begin (6)deleted text end new text begin (7)new text end city managers who elected to be excluded from the general employees retirement
plan of the association under section 353.028 and who elected to participate in the public
employees defined contribution plan under section 353.028, subdivision 3, paragraph (b);
deleted text begin (7)deleted text end new text begin (8)new text end volunteer or emergency on-call firefighters serving in a municipal fire department
or an independent nonprofit firefighting corporation who are not covered by the police and
fire retirement plan and who are not covered by a firefighters relief association and who
elect to participate in the public employees defined contribution plan;
deleted text begin (8)deleted text end new text begin (9)new text end any elected county sheriff who is a former member of the police and fire plan,
is receiving a retirement annuity as provided under section 353.651, deleted text begin whodeleted text end new text begin andnew text end does not have
previous employment with the county for which the sheriff was elected; and
deleted text begin (9)deleted text end new text begin (10)new text end persons appointed to serve on a board or commission of a governmental
subdivision or an instrumentality thereof.
(b) Individuals otherwise eligible to participate in the plan under this subdivision who
are currently covered by a public or private pension plan because of their employment or
provision of services are not eligible to participate in the deleted text begin public employees defined
contributiondeleted text end plan.
(c) A former participant is a person who has terminated eligible employment or service
and has not withdrawn the value of the person's individual account.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 353D.02, subdivision 1, is amended to read:
Eligible elected or appointed local
government officials may elect to participate in the defined contribution plan within the
first 30 days of deleted text begin being elected or appointed todeleted text end new text begin takingnew text end public office by deleted text begin filingdeleted text end new text begin completing and
signingnew text end a membership deleted text begin applicationdeleted text end new text begin electionnew text end on a form prescribed by the executive director
of the association authorizing contributions to be deducted from the official's salary.
Participation begins on the first day of the pay period for which the contributions were
deducted or, if pay period coverage dates are not provided, the date on which the membership
deleted text begin applicationdeleted text end new text begin electionnew text end or contributions are received in the office of the association, whichever
is received first, provided further that the membership deleted text begin applicationdeleted text end new text begin electionnew text end is received by
the association within 60 days of deleted text begin the receipt of the contributionsdeleted text end new text begin taking officenew text end . An election
to participate in the plan is irrevocable.
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 353D.02, subdivision 2, is amended to read:
Eligible physicians may elect to participate in the defined
contribution plan within the first 30 days of commencing employment with a government
subdivision under section 353.01, subdivision 6, by deleted text begin filingdeleted text end new text begin completing and signingnew text end a
membership deleted text begin applicationdeleted text end new text begin electionnew text end on a form prescribed by the executive director of the
association authorizing contributions to be deducted from the physician's salarynew text begin and filing
the membership election with the association within 60 days of commencing employmentnew text end .
Participation begins on the first day of the pay period for which the contributions were
deducted. An election to participate in the defined contribution plan is irrevocable.
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 353D.02, subdivision 3, is amended to read:
Each public ambulance service with
eligible personnel may elect to participate in the plan. If a service elects to participate, its
eligible personnel may elect to participate or decline to participate. An individual's
new text begin membership new text end election must be made within 30 days of the service's election to participate
or within 30 days of the date on which the individual began employment with the service
or began to provide service for it, whichever date is later. new text begin The membership election must
be received by the association within 60 days of the service's election to participate or within
60 days of the date on which the individual first began employment, whichever is later. new text end An
election by a service or an individual is irrevocable.
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 353D.02, subdivision 4, is amended to read:
new text begin (a) new text end The municipality or county,
as applicable, associated with a rescue squad under section 353D.01, subdivision 2, paragraph
(a), clause (4), may elect to participate in the plan. If the municipality or county, as applicable,
elects to participate, the eligible personnel may elect to participate or decline to participate.
An eligible individual's new text begin membership new text end election must be made within 30 days of the deleted text begin service'sdeleted text end new text begin
municipality's or county'snew text end election to participate or within 30 days of the date on which the
individual first began employment with the rescue squad, whichever is later. deleted text begin Elections under
this subdivision by a government unit or individual are irrevocable.deleted text end new text begin The membership election
must be received by the association within 60 days of the municipality's or county's election
to participate or within 60 days of the date on which the individual first began employment,
whichever is later.new text end The municipality or county, as applicable, must specify by resolution
eligibility requirements for rescue squad personnel which must be satisfied if the individual
is to be authorized to make the new text begin membership new text end election under this subdivision.
new text begin
(b) An eligible member under section 353D.01, subdivision 2, paragraph (a), clause (5),
may elect to participate or decline to participate in the plan within 30 days of the date on
which the member first begins service with the rescue squad.
new text end
new text begin
(c) Elections under this subdivision by a government unit or individual are irrevocable.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 353D.02, subdivision 5, is amended to read:
Employees of the Port Authority of the
city of St. Paul who do not elect to participate in the general employees retirement plan may
elect within the first 30 days of commencing employment to participate in the plan by deleted text begin filingdeleted text end new text begin
completing and signingnew text end a membership deleted text begin applicationdeleted text end new text begin electionnew text end on a form prescribed by the
executive director of the association authorizing contributions to be deducted from the
employee's salary. Participation begins on the first day of the pay period for which the
contributions were deducted or, if pay period coverage dates are not provided, the date on
which the membership deleted text begin applicationdeleted text end new text begin electionnew text end or the contributions are received in the office
of the association, whichever is received first, deleted text begin ifdeleted text end new text begin providednew text end the membership deleted text begin applicationdeleted text end new text begin
electionnew text end is received by the association within 60 days of deleted text begin the receipt of the contributionsdeleted text end new text begin
commencing employmentnew text end . An election to participate in the plan is irrevocable.
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 353D.02, subdivision 6, is amended to read:
new text begin Any new text end city deleted text begin managersdeleted text end new text begin managernew text end who elected to be excluded new text begin within
30 days of commencing employment new text end from the general employees retirement plan of the
Public Employees Retirement Association under section 353.028,new text begin subdivision 2,new text end and who
deleted text begin elected to participate in the plandeleted text end new text begin entered into an agreementnew text end under section 353.028, subdivision
3, paragraph (b), new text begin with the governing body of the city that employs the city manager to have
the city make contributions to the defined contribution plan under chapter 353D, new text end must file
deleted text begin thatdeleted text end new text begin annew text end election with the deleted text begin executive directordeleted text end new text begin associationnew text end within the first deleted text begin 30deleted text end new text begin 60new text end days of
commencing employmentnew text begin to participate in the defined contribution plan. The city manager
must complete and sign a membership election on a form prescribed by the executive director
of the associationnew text end . Participation begins on the first day of the pay period next following the
date of the coverage election. An election to participate by a city manager is irrevocable.
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 353D.02, subdivision 7, is amended to read:
Volunteer or on-call firefighters who are serving
as members of a municipal fire department or an independent nonprofit firefighting
corporation and who are not covered for that firefighting service by the public employees
police and fire retirement plan under sections 353.63 to 353.68, by a firefighters relief
association under chapter 424A, or by the statewide volunteer firefighter retirement plan
under chapter 353G may elect to participate in the plan within the first 30 days of
commencing servicenew text begin by completing and signing a membership election on a form prescribed
by the executive director of the association. The membership election must be filed with
the association within 60 days of commencing servicenew text end . An eligible firefighter's election is
irrevocable. No employer contribution is payable by the fire department or the firefighting
corporation unless the municipal governing body or the firefighting corporation governing
body, whichever applies, ratifies the new text begin membership new text end election.
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 353F.01, is amended to read:
The purpose of this chapter is to ensure, to the extent possible, that persons employed
deleted text begin at public medical facilities whodeleted text end new text begin by governmental subdivisions thatnew text end are privatized and
consequently are excluded from retirement coverage by the Public Employees Retirement
Association will be entitled to receive future retirement benefits under the general employees
retirement plan of the Public Employees Retirement Association commensurate with the
prior contributions made by them or made on their behalf upon the privatization of the
deleted text begin medical facilitydeleted text end new text begin governmental subdivisionnew text end .
Minnesota Statutes 2024, section 353F.02, is amended by adding a subdivision to
read:
new text begin
"Association" means the Public Employees Retirement Association
established under chapter 353.
new text end
Minnesota Statutes 2024, section 353F.02, subdivision 3, is amended to read:
"Effective date of privatization" means the
date that deleted text begin the operation of a medical facility is assumed by anotherdeleted text end new text begin a governmental subdivision
becomes a privatizednew text end employer or the date that a deleted text begin medical facilitydeleted text end new text begin governmental subdivisionnew text end
is purchased deleted text begin by another employerdeleted text end new text begin in a privatizationnew text end and active membership in the deleted text begin Public
Employees Retirementdeleted text end association consequently terminates.
Minnesota Statutes 2024, section 353F.02, is amended by adding a subdivision to
read:
new text begin
"Funding ratio" means the actuarial value of assets of the
general employees retirement fund, divided by the present value of accrued benefits for the
fund, expressed as a percentage.
new text end
Minnesota Statutes 2024, section 353F.02, is amended by adding a subdivision to
read:
new text begin
"General employees retirement fund"
means the general employees retirement fund as defined under section 353.27, subdivision
1.
new text end
Minnesota Statutes 2024, section 353F.02, is amended by adding a subdivision to
read:
new text begin
"General employees retirement plan"
or "general plan" means the general employees retirement plan of the association established
under chapter 353.
new text end
Minnesota Statutes 2024, section 353F.02, is amended by adding a subdivision to
read:
new text begin
"Governmental subdivision" has the meaning
given in section 353.01, subdivision 6.
new text end
Minnesota Statutes 2024, section 353F.02, subdivision 4b, is amended to read:
"Privatization" means deleted text begin a medical facility that privatizes when
the facilitydeleted text end new text begin the process of privatizing, through which a governmental subdivisionnew text end ceases to
be a governmental subdivision for any reason other than that the deleted text begin medical facilitydeleted text end new text begin
governmental subdivisionnew text end closes or permanently ceases to operate.
Minnesota Statutes 2024, section 353F.02, is amended by adding a subdivision to
read:
new text begin
"Privatize" or "privatizing" means to engage in a
transaction, including a sale to, acquisition by, or merger with an entity or a sale to or
acquisition by one or more individuals, or a series of such transactions that result in a
governmental subdivision ceasing to be a governmental subdivision on or after the effective
date of privatization. Privatize or privatizing does not mean ceasing to be a governmental
subdivision because the subdivision closed or permanently ceased to operate.
new text end
Minnesota Statutes 2024, section 353F.02, subdivision 5a, is amended to read:
"Privatized deleted text begin former publicdeleted text end employer"
means deleted text begin a medical facility that was included in the definition ofdeleted text end new text begin an entity that was anew text end
governmental subdivision deleted text begin under section 353.01, subdivision 6,deleted text end on the day before the effective
date of privatization deleted text begin that is privatizeddeleted text end and whose employees are deleted text begin certified for participation
under this chapterdeleted text end new text begin privatized employeesnew text end .
Minnesota Statutes 2024, section 353F.02, subdivision 6, is amended to read:
(a) "Privatized deleted text begin former publicdeleted text end employee"
means a person whonew text begin , before the effective date of the privatization of a governmental
subdivisionnew text end :
(1) was employed by the deleted text begin privatized former public employer on the day before the effective
date of privatization; ordeleted text end new text begin governmental subdivision; and
new text end
deleted text begin
(2) terminated employment with the privatized former public employer on the day before
the effective date; and
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end was a deleted text begin participant indeleted text end new text begin member ofnew text end the general employees retirement plan deleted text begin of the
Public Employees Retirement Association at the time of termination of employment with
the privatized former public employerdeleted text end new text begin for the period of employment with the governmental
subdivisionnew text end .
(b) Privatized deleted text begin former publicdeleted text end employee does not mean a person who, on the day before
the effective date of privatization, was simultaneously employed with the privatized deleted text begin former
publicdeleted text end employer and by a governmental subdivision deleted text begin under section 353.01, subdivision 6,deleted text end
and who, after the effective date of privatization, continues to accrue service credit under
section 353.01, subdivision 16, through simultaneous employment with a governmental
subdivision.
Minnesota Statutes 2024, section 353F.02, is amended by adding a subdivision
to read:
new text begin
"Privatizing active employee" means a privatized
employee who was employed by the privatizing governmental subdivision on the day before
the effective date of the privatization.
new text end
Minnesota Statutes 2024, section 353F.025, is amended to read:
(a)
deleted text begin The chief clericaldeleted text end new text begin This section applies to any governmental subdivision that privatizes.
new text end
new text begin (b) Before the effective date of privatization, an new text end officer of deleted text begin adeleted text end new text begin thenew text end governmental subdivision
deleted text begin maydeleted text end new text begin that is privatizing or that has control or ownership of an entity that is privatizing must new text end
submit new text begin to the executive director new text end a resolution from the governing body deleted text begin to the executive
director of the Public Employees Retirement Association which supports providing coverage
under this chapter for employees of that governmental subdivision who are privatized, and
which states that the governing body will pay for actuarial calculations, as further specified
in paragraph (c).deleted text end new text begin of the governmental subdivision stating the following:
new text end
new text begin
(1) that it is the intention of the governmental subdivision to privatize or to engage in a
privatization that will result in the controlled or owned entity becoming privatized; and
new text end
new text begin
(2) that the governmental subdivision will reimburse the association for the cost to
calculate withdrawal liability under paragraph (d).
new text end
deleted text begin (b)deleted text end new text begin (c)new text end The governing body must also provide new text begin to the executive director new text end a copy of deleted text begin any
applicabledeleted text end new text begin thenew text end purchase deleted text begin ordeleted text end new text begin ,new text end leasenew text begin , or other transactionnew text end agreement and any other information
requested by the executive director to allow the executive director to deleted text begin verify that under the
proposed employer change,deleted text end new text begin determine whethernew text end the deleted text begin newdeleted text end employer deleted text begin does not qualify asdeleted text end new text begin , after
the privatization, will benew text end a governmental subdivision deleted text begin under section 353.01, subdivision 6deleted text end new text begin
or a privatized employernew text end , making the employees ineligible for continued coverage as active
members of the general employees retirement plan deleted text begin of the Public Employees Retirement
Associationdeleted text end .
deleted text begin (c) Followingdeleted text end new text begin (d) If, within 30 days afternew text end receipt of deleted text begin adeleted text end new text begin thenew text end resolution and deleted text begin a determination
bydeleted text end new text begin information under paragraph (b),new text end the executive directornew text begin determinesnew text end that the deleted text begin newdeleted text end employer
deleted text begin isdeleted text end new text begin after the privatization willnew text end notnew text begin benew text end a governmental subdivision, the executive director deleted text begin shalldeleted text end new text begin
mustnew text end direct the consulting actuary retainednew text begin by the associationnew text end under section 356.214 to
deleted text begin determine whether the general employees retirement plan of the Public Employees Retirement
Association, if coverage under this chapter is provided, is expected to receive a net gain or
a net loss if privatization occurs. A net gain is expected if the actuarial liability of the special
benefit coverage provided under this chapter, if extended to the applicable employees under
the privatization, is less than the actuarial gain otherwise to accrue to the plan. A net loss
is expected if the actuarial accrued liability of the special benefit coverage provided under
this chapter, if extended to the applicable employees under the privatization, is more than
the actuarial gain otherwise to accrue to the plan. The date of the actuarial calculations used
to make this determination must be within one year of the effective date of privatizationdeleted text end new text begin
calculate the withdrawal liability to be incurred by the privatized employer on the effective
date of the privatization. Withdrawal liability and present value must be calculated as
provided in paragraphs (e) and (f), respectivelynew text end .
new text begin
(e) Withdrawal liability is equal to the present value of accrued benefits attributable to
the privatizing active employees minus the product of:
new text end
new text begin
(1) the present value of accrued benefits attributable to the privatizing active employees;
and
new text end
new text begin
(2) the general plan's funding ratio.
new text end
new text begin
If the withdrawal liability is a negative number, the withdrawal liability is zero. Withdrawal
liability must be calculated using the most recently completed actuarial valuation before
the effective date of privatization.
new text end
new text begin
(f) Present value of accrued benefits is determined using the actuarial assumptions under
section 356.215, subdivision 8, for the general plan. The present value of accrued benefits
does not include projected compensation or projected service.
new text end
new text begin
(g) The governmental subdivision must reimburse the association for the cost of
calculating the withdrawal liability.
new text end
new text begin
No later than six months after the effective
date of privatization, the privatized employer must pay the withdrawal liability calculated
under subdivision 1 to the general employees retirement fund, unless the privatized employer
elects a payment plan. In lieu of a single withdrawal liability payment, the privatized
employer may elect to pay the withdrawal liability with interest compounded annually at
the applicable rate or rates specified in section 356.59, subdivision 3, in equal annual
payments for a term of no longer than ten years. The obligation to pay under this subdivision
is binding upon the privatized employer and its successors and assignees.
new text end
(a) deleted text begin If the actuarial calculations under subdivision
1, paragraph (c), indicate privatization can be approved because a net gain to the general
employees retirement plan of the Public Employees Retirement association is expected, or
if paragraph (b) applies, the executive director shall, following acceptance of the actuarial
calculations bydeleted text end new text begin The association must maintain a record of the consulting actuary's calculation
of withdrawal liability under subdivision 1 and any associated report. The calculation and
any associated report must be made publicly available and provided to:
new text end
new text begin (1)new text end the board of trusteesdeleted text begin , forward notice and supporting documentation, including a copy
of the actuary's report and findings, todeleted text end new text begin ;
new text end
new text begin (2)new text end the chair and the executive director of the Legislative Commission on Pensions and
Retirementnew text begin ;new text end and
new text begin (3)new text end the chairs and the ranking minority members of thenew text begin legislativenew text end committees with
jurisdiction over governmental operations deleted text begin in the house of representatives and senatedeleted text end .
deleted text begin
(b) If the calculations under subdivision 1, paragraph (c), indicate a net loss, the executive
director shall recommend to the board of trustees that the privatization be approved if the
chief clerical officer of the applicable governmental subdivision submits a resolution from
the governing body specifying that a lump sum payment will be made to the Public
Employees Retirement Association equal to the net loss, plus interest. The interest must be
computed using the applicable ultimate investment return assumption under section 356.215,
subdivision 8, expressed as a monthly rate, from the date of the actuarial valuation from
which the actuarial accrued liability data was used to determine the net loss in the actuarial
study under subdivision 1, to the date of payment, with annual compounding. Payment must
be made on or after the effective date of privatization.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end The deleted text begin Public Employees Retirementdeleted text end association must maintain a list that includes
the names of all privatized deleted text begin former publicdeleted text end employers in the association'snew text begin annualnew text end comprehensive
deleted text begin annualdeleted text end financial report and on the association's website.new text begin Beginning July 1, 2027, the
association must also include in the list the amount of the withdrawal liability determined
as of the effective date of privatization and the remaining amount, if any, of withdrawal
liability due to be paid for each privatized employer.
new text end
Minnesota Statutes 2024, section 353F.03, is amended to read:
Notwithstanding any provision of chapter 353 to the contrary, a privatized deleted text begin former publicdeleted text end
employee is eligible to receive a retirement annuity under section 353.29 of the edition of
Minnesota Statutes published in the year before the year in which the privatization occurred,
without regard to the requirement specified in section 353.01, subdivision 47.
Minnesota Statutes 2024, section 353F.04, is amended to read:
(a) The deferred annuity of a privatized
deleted text begin former publicdeleted text end employee is subject to augmentation under section 353.34, subdivision 3,
except that the rate of augmentation is as specified in this section.
(b) This paragraph applies if the effective date of privatization was on or before January
1, 2007, and also applies to Hutchinson Area Health Care with a privatization effective date
of January 1, 2008. For a privatized deleted text begin former publicdeleted text end employee, the augmentation rate is 5.5
percent compounded annually until January 1 following the year in which the deleted text begin persondeleted text end new text begin
privatized employeenew text end attains age 55. After that date, the augmentation rate is 7.5 percent
compounded annually.
(c) If paragraph (b) is not applicable, and if the effective date of the privatization is after
January 1, 2007, and before January 1, 2011, then the augmentation rate is four percent
compounded annually until January 1, following the year in which the deleted text begin persondeleted text end new text begin privatized
employeenew text end attains age 55. After that date, the augmentation rate is six percent compounded
annually.
(d) If the effective date of the privatization is after December 31, 2010, the augmentation
rate depends on the result of computations specified in section 353F.025, subdivision 1. If
those computations indicate no loss or a net gain to the deleted text begin fund of thedeleted text end general employees
retirement deleted text begin plan of the Public Employees Retirement Associationdeleted text end new text begin fundnew text end , the augmentation
rate is two percent compounded annually. If the computations under that subdivision indicate
a net loss to the fund if a two percent augmentation rate is used, but a net gain or no loss if
a one percent rate is used, then the augmentation rate is one percent compounded annually.
(e) Notwithstanding paragraphs (b) to (d), after June 30, 2020, and before January 1,
2024, the augmentation rate for all privatized deleted text begin former publicdeleted text end employees under paragraphs
(b) to (d) is two percent compounded annually. After December 31, 2023, no additional
augmentation is applied to thenew text begin deferred annuities ofnew text end privatized deleted text begin former public employee's
deferred annuitydeleted text end new text begin employeesnew text end .
The augmentation rates specified in subdivision 1 do not apply to
a privatized deleted text begin former publicdeleted text end employee:
(1) beginning the first of the month in which the privatized deleted text begin former publicdeleted text end employee
becomes covered again by a retirement plan enumerated in section 356.30, subdivision 3,
if the employee accrues at least six months of credited service in any single plan enumerated
in section 356.30, subdivision 3, except clause (6);
(2) beginning the first of the month in which the privatized deleted text begin former publicdeleted text end employee
becomes covered again by the general employees retirement plan deleted text begin of the Public Employees
Retirement Associationdeleted text end ;
(3) beginning the first of the month after a privatized deleted text begin former publicdeleted text end employee terminates
service with the privatized deleted text begin former publicdeleted text end employer;
(4) if the privatized deleted text begin former publicdeleted text end employee begins receipt of a retirement annuity while
employed by the privatized deleted text begin former publicdeleted text end employer; or
(5) if the effective date of privatization occurs after June 30, 2020.
Minnesota Statutes 2024, section 353F.05, is amended to read:
(a) For the purpose of determining eligibility for early retirement benefits provided under
section 353.30, subdivision 1a, of the edition of Minnesota Statutes published in the year
before the year in which the privatization occurred, and notwithstanding any provision of
chapter 353deleted text begin ,deleted text end to the contrary, the years of allowable service for a privatized deleted text begin former publicdeleted text end
employee who transfers employment on the effective date of privatization and does not
apply for a refund of contributions under section 353.34, subdivision 1, of the edition of
Minnesota Statutes published in the year before the year in which the privatization occurred,
or any similar provision, includes service with the privatized deleted text begin former publicdeleted text end employer
following the effective date. The privatized deleted text begin former publicdeleted text end employer shall provide any reports
that the executive director deleted text begin of the Public Employees Retirement Associationdeleted text end may reasonably
request to permit calculation of benefits.
(b) To be eligible for early retirement benefits under this section, the deleted text begin individualdeleted text end new text begin privatized
employeenew text end must separate from service with the privatized deleted text begin former publicdeleted text end employer. The
privatized deleted text begin former publicdeleted text end employee, or an individual authorized to act on behalf of that
employee, may apply for an annuity following application procedures under section 353.29,
subdivision 4.
Minnesota Statutes 2024, section 353F.051, subdivision 1, is amended to read:
A privatized deleted text begin former publicdeleted text end employee who is totally and
permanently disabled under section 353.01, subdivision 19, and who had a medically
documented preexisting condition of the disability before the termination of coverage, may
apply for a disability benefit.
Minnesota Statutes 2024, section 353F.051, subdivision 2, is amended to read:
A person qualifying under subdivision 1 is entitled to
receive a disability benefit calculated under section 353.33, subdivision 3. deleted text begin The disability
benefit must be augmented under section 353.71, subdivision 2, from the date of termination
to the date the disability benefit begins to accrue.
deleted text end
Minnesota Statutes 2024, section 353F.052, is amended to read:
Notwithstanding any provisions of law to the contrary, subdivisions within section
353.32 of the edition of Minnesota Statutes published in the year before the year in which
a privatization occurred, applicable to the surviving spouse or dependent children of a former
member as defined in section 353.01, subdivision 7a, apply to the survivors of a privatized
deleted text begin former publicdeleted text end employee.
Minnesota Statutes 2024, section 353F.057, is amended to read:
Upon termination of service from the privatized deleted text begin former publicdeleted text end employer after the effective
date of privatization, a privatized deleted text begin former publicdeleted text end employee must separate from any
employment relationship with the privatized deleted text begin former publicdeleted text end employer for at least 30 days to
qualify to receive a retirement annuity under this chapter.
Minnesota Statutes 2024, section 353F.06, is amended to read:
If a privatized deleted text begin former publicdeleted text end employee satisfies the separation from service requirement
in section 353F.057 and thereafter resumes employment with the privatized deleted text begin former publicdeleted text end
employer or a governmental subdivision under section 353.01, subdivision 6, the reemployed
annuitant earnings limitations of section 353.37 apply.
Minnesota Statutes 2024, section 353F.07, is amended to read:
Notwithstanding any provision of chapter 353 to the contrary, privatized deleted text begin former publicdeleted text end
employees may receive a refund of employee accumulated contributions plus interest as
provided in section 353.34, subdivision 2, at any time after the transfer of employment to
the privatized deleted text begin former publicdeleted text end employer. If a privatized deleted text begin former publicdeleted text end employee has received
a refund from a pension plan listed in section 356.30, subdivision 3, the deleted text begin persondeleted text end new text begin privatized
employeenew text end may not repay that refund unless the deleted text begin persondeleted text end new text begin privatized employeenew text end again becomes
a member of one of those listed plans and complies with section 356.30, subdivision 2.
Minnesota Statutes 2024, section 353F.08, is amended to read:
The privatized deleted text begin former publicdeleted text end employer and the executive director deleted text begin of the Public Employees
Retirement Associationdeleted text end shall provide privatized deleted text begin former publicdeleted text end employees with counseling
on their benefits available under the general employees retirement plan deleted text begin of the Public
Employees Retirement Associationdeleted text end during a new text begin mutually agreed-upon new text end period deleted text begin mutually agreed
upondeleted text end before or after the effective date of privatization.
Minnesota Statutes 2024, section 353F.09, is amended to read:
A deleted text begin medical facility or other employing unitdeleted text end new text begin privatized employernew text end shall cease to be a
privatized deleted text begin former publicdeleted text end employer and its employees shall cease to be considered privatized
deleted text begin former publicdeleted text end employees under this chapter upon the sale of the operations of the deleted text begin medical
facility ordeleted text end employing unit to another employer or the sale of the deleted text begin medical facility ordeleted text end employing
unit to another employer. The privatized deleted text begin former publicdeleted text end employees deleted text begin shall bedeleted text end new text begin arenew text end entitled to
benefits accrued under this chapter to the date of the sale, but deleted text begin shalldeleted text end new text begin mustnew text end not accrue additional
benefits after the date of the sale.
new text begin
Minnesota Statutes 2024, section 353F.02, subdivision 4a,
new text end
new text begin
is repealed.
new text end
new text begin
Sections 1 to 25 are effective July 1, 2027.
new text end
Minnesota Statutes 2024, section 352.01, is amended by adding a subdivision
to read:
new text begin
"Executive director" or "director" means the executive
director of the system appointed under section 352.03, subdivision 5.
new text end
Minnesota Statutes 2024, section 352.029, subdivision 3, is amended to read:
The employee and employer contributions required by section
352.04, or by section 352.92 for employees covered by section deleted text begin 352.91deleted text end new text begin 352.905new text end , are the
obligation of the employee who is a member under section 352.01, subdivision 2a, paragraph
(a), or who chooses coverage under this section. However, the employing labor organization
may pay the employer contributions. Contributions made by the employee must be made
by salary deduction. The employing labor organization shall pay all contributions to the
system as required by section 352.04, or by section 352.92 for employees covered by section
deleted text begin 352.91deleted text end new text begin 352.905new text end .
Minnesota Statutes 2024, section 352.03, subdivision 5, is amended to read:
(a) The board
shall appoint an executive directordeleted text begin , in this chapter called the director,deleted text end on the basis of
education, experience in the retirement field, ability to manage and lead system staff, and
ability to assist the board in setting a vision for the system. The new text begin executive new text end director must
have had at least five years' experience in either an executive level management position
or in a position with responsibility for the governance, management, or administration of a
retirement plan.
(b) The executive director, deputy director, and assistant director must be in the
unclassified service but appointees may be selected from civil service lists if desired.
Notwithstanding any law to the contrary, the board must set the salary of the executive
director. The board must review the performance of the executive director on an annual
basis and may grant salary adjustments as a result of the review. The salary of the deputy
director and assistant director must be set in accordance with section 43A.18, subdivision
3.
Minnesota Statutes 2024, section 352.90, is amended to read:
It is the policy of the legislature to provide special retirement benefits for and special
contributions by certain correctional employees who may deleted text begin be requireddeleted text end new text begin need new text end to retire at an
early age because they lose the mental or physical capacity required to maintain the safety,
security, discipline, and custody of deleted text begin inmatesdeleted text end new text begin incarcerated persons new text end at state correctional facilitiesdeleted text begin ;
ofdeleted text end new text begin or new text end patients new text begin and clients new text end in the deleted text begin state-operateddeleted text end forensic services programdeleted text begin , which is comprised
of the Minnesota Security Hospital, the forensic nursing home, the forensic transition service,
and the competency restoration program; of patients indeleted text end new text begin ornew text end the Minnesota Sex Offender
Programdeleted text begin ; or of patients in the Minnesota Specialty Health System-Cambridgedeleted text end .
new text begin
Unless the language or context clearly indicates a different
meaning is intended, the terms defined in this section have the meanings given. The
definitions in this section apply only to the correctional employees retirement plan and
supplement the definitions in section 352.01.
new text end
new text begin
"Chief executive officer" means the Direct Care and
Treatment chief executive officer appointed under section 246C.08 or a person the chief
executive officer has delegated responsibilities to under sections 352.90 to 352.955, including
the duty to certify direct contact under section 352.905, subdivision 2.
new text end
new text begin
"Commissioner" means the commissioner of corrections
appointed under section 241.01, subdivision 1, or a person the commissioner has delegated
responsibilities to under sections 352.90 to 352.955, including the duty to certify direct
contact under section 352.905, subdivision 2.
new text end
new text begin
"Custody" means an employee's exercise of legal and physical control
over an incarcerated person, patient, or client who is detained, confined, or otherwise
restricted from freedom of movement.
new text end
new text begin
"Direct Care and Treatment" means the agency
established under section 246C.02.
new text end
new text begin
"Direct contact" means interactions between an employee and
one or more patients, clients, or incarcerated persons where the employee is physically
present and engaged with patients, clients, or incarcerated persons as part of the employee's
normal duties, as defined in section 352.01, subdivision 17d, which must include regular
involvement in rehabilitation, treatment, custody, or supervision of patients, clients, or
incarcerated persons, while maintaining safety, security, and order.
new text end
new text begin
"Direct contact requirement" means the
requirement that the employee spend at least 75 percent of the employee's working time in
direct contact.
new text end
new text begin
"Eligible facility" means:
new text end
new text begin
(1) Minnesota Correctional Facility-Faribault;
new text end
new text begin
(2) Minnesota Correctional Facility-Lino Lakes;
new text end
new text begin
(3) Minnesota Correctional Facility-Moose Lake;
new text end
new text begin
(4) Minnesota Correctional Facility-Oak Park Heights;
new text end
new text begin
(5) Minnesota Correctional Facility-Red Wing;
new text end
new text begin
(6) Minnesota Correctional Facility-Rush City;
new text end
new text begin
(7) Minnesota Correctional Facility-Shakopee;
new text end
new text begin
(8) Minnesota Correctional Facility-St. Cloud;
new text end
new text begin
(9) Minnesota Correctional Facility-Stillwater;
new text end
new text begin
(10) Minnesota Correctional Facility-Togo; or
new text end
new text begin
(11) Minnesota Correctional Facility-Willow River.
new text end
new text begin
"Eligible program" means:
new text end
new text begin
(1) the forensic services program; or
new text end
new text begin
(2) the Minnesota Sex Offender Program.
new text end
new text begin
"Employee organization" has the meaning given in
section 179A.03, subdivision 6.
new text end
new text begin
"Rehabilitation" means the process of providing treatment,
education, or other interventions designed to improve the mental, physical, or behavioral
condition of a patient, client, or incarcerated person with the goal of facilitating the
reintegration into society or improving the quality of life of the patient, client, or incarcerated
person.
new text end
new text begin
"Supervision" means the oversight and management of patients,
clients, or incarcerated persons by an employee at an eligible facility or eligible program
to ensure compliance with rules, regulations, and treatment plans; monitor behavior; enforce
discipline; and provide guidance or direction.
new text end
new text begin
"Treatment" means the broad range of services, including medical,
psychological, or therapeutic interventions, aimed at addressing the health, mental health,
or behavioral needs and overall condition of patients, clients, or incarcerated persons by or
under the supervision of employees at an eligible facility or eligible program.
new text end
new text begin
"Working time" means time spent performing the normal
duties of an employee's employment position, not including time spent in training or on a
leave of absence for vacation, illness, or other reasons as authorized in the human resources
policies applicable to the employee.
new text end
new text begin
(a) For all periods of service that an
employee is performing covered correctional service as defined in this subdivision, the
employee is a member of the correctional employees retirement plan, whether or not the
employee has any direct contact.
new text end
new text begin
(b) "Covered correctional service" under this subdivision means service performed by
a state employee employed at an eligible facility or in an eligible program in one of the
following employment positions:
new text end
new text begin
(1) corrections officer 1;
new text end
new text begin
(2) corrections officer 2;
new text end
new text begin
(3) corrections officer 3;
new text end
new text begin
(4) corrections lieutenant;
new text end
new text begin
(5) corrections captain;
new text end
new text begin
(6) security counselor;
new text end
new text begin
(7) security counselor lead; or
new text end
new text begin
(8) corrections canine officer.
new text end
new text begin
(a) For all periods of service that an employee is
performing covered correctional service as defined in this subdivision, the employee is a
member of the correctional employees retirement plan, but only if the employee satisfies
the direct contact requirement and the employee's employer has certified to the executive
director, in the manner prescribed by the executive director, that the employee satisfies the
direct contact requirement.
new text end
new text begin
(b) "Covered correctional service" under this subdivision means service performed by
a state employee employed at an eligible facility or in an eligible program in one of the
employment positions specified in subdivisions 3 to 6.
new text end
new text begin
Employment positions with a title that begins
with the letters "A" to "C":
new text end
new text begin
(1) automotive mechanic;
new text end
new text begin
(2) baker;
new text end
new text begin
(3) behavior analyst 1;
new text end
new text begin
(4) behavior analyst 2;
new text end
new text begin
(5) behavior analyst 3;
new text end
new text begin
(6) building maintenance coordinator;
new text end
new text begin
(7) building maintenance lead worker;
new text end
new text begin
(8) building maintenance supervisor 2;
new text end
new text begin
(9) building utilities mechanic;
new text end
new text begin
(10) carpenter;
new text end
new text begin
(11) carpenter lead;
new text end
new text begin
(12) central services administrative specialist intermediate;
new text end
new text begin
(13) central services administrative specialist principal;
new text end
new text begin
(14) central services administrative specialist senior;
new text end
new text begin
(15) certified occupational therapy assistant 1;
new text end
new text begin
(16) certified occupational therapy assistant 2;
new text end
new text begin
(17) chaplain;
new text end
new text begin
(18) client advocate;
new text end
new text begin
(19) clinical program therapist 1;
new text end
new text begin
(20) clinical program therapist 2;
new text end
new text begin
(21) clinical program therapist 3;
new text end
new text begin
(22) clinical program therapist 4;
new text end
new text begin
(23) cook;
new text end
new text begin
(24) cook coordinator;
new text end
new text begin
(25) corrections chief cook;
new text end
new text begin
(26) corrections discipline unit supervisor;
new text end
new text begin
(27) corrections food services supervisor;
new text end
new text begin
(28) corrections industries production supervisor;
new text end
new text begin
(29) corrections inmate program coordinator;
new text end
new text begin
(30) corrections manufacturing specialist-tool and die;
new text end
new text begin
(31) corrections manufacturing specialist-engraving and drafting;
new text end
new text begin
(32) corrections manufacturing specialist-graphics;
new text end
new text begin
(33) corrections manufacturing specialist-light assembly;
new text end
new text begin
(34) corrections manufacturing specialist-light manufacturing;
new text end
new text begin
(35) corrections manufacturing specialist-mechanical;
new text end
new text begin
(36) corrections manufacturing specialist-sales and service;
new text end
new text begin
(37) corrections manufacturing specialist-transportation and warehouse;
new text end
new text begin
(38) corrections manufacturing specialist-wood;
new text end
new text begin
(39) corrections security caseworker;
new text end
new text begin
(40) corrections security caseworker career;
new text end
new text begin
(41) corrections teaching assistant;
new text end
new text begin
(42) corrections transitions program coordinator;
new text end
new text begin
(43) culinary supervisor; and
new text end
new text begin
(44) customer services specialist principal.
new text end
new text begin
Employment positions with a title that begins
with the letters "D" to "M":
new text end
new text begin
(1) delivery van driver;
new text end
new text begin
(2) dental assistant;
new text end
new text begin
(3) dental hygienist;
new text end
new text begin
(4) dentist;
new text end
new text begin
(5) electrical/electronics specialist;
new text end
new text begin
(6) electrician;
new text end
new text begin
(7) electrician lead;
new text end
new text begin
(8) electrician master of record;
new text end
new text begin
(9) electrician supervisor;
new text end
new text begin
(10) food service supervisor;
new text end
new text begin
(11) food service worker;
new text end
new text begin
(12) general maintenance worker;
new text end
new text begin
(13) general maintenance worker lead;
new text end
new text begin
(14) general repair worker;
new text end
new text begin
(15) groundskeeper senior;
new text end
new text begin
(16) group supervisor;
new text end
new text begin
(17) group supervisor assistant;
new text end
new text begin
(18) human services support specialist;
new text end
new text begin
(19) institution maintenance lead worker;
new text end
new text begin
(20) laborer trades and equipment;
new text end
new text begin
(21) library technician;
new text end
new text begin
(22) library/information resource services specialist;
new text end
new text begin
(23) library/information resource services specialist supervisor;
new text end
new text begin
(24) licensed alcohol/drug counselor;
new text end
new text begin
(25) licensed practical nurse;
new text end
new text begin
(26) machinery repair worker;
new text end
new text begin
(27) maintenance machinist;
new text end
new text begin
(28) management analyst 3;
new text end
new text begin
(29) mason;
new text end
new text begin
(30) medical assistant, certified; and
new text end
new text begin
(31) music therapist.
new text end
new text begin
Employment positions with a title that begins
with the letters "O" to "R":
new text end
new text begin
(1) occupational therapist;
new text end
new text begin
(2) occupational therapist senior;
new text end
new text begin
(3) painter;
new text end
new text begin
(4) painter lead;
new text end
new text begin
(5) physical therapist;
new text end
new text begin
(6) plant maintenance engineer;
new text end
new text begin
(7) plant maintenance engineer lead;
new text end
new text begin
(8) plumber;
new text end
new text begin
(9) plumber chief;
new text end
new text begin
(10) plumber master in charge;
new text end
new text begin
(11) plumber supervisor;
new text end
new text begin
(12) psychiatric advanced practice registered nurse;
new text end
new text begin
(13) psychologist 1;
new text end
new text begin
(14) psychologist 2;
new text end
new text begin
(15) psychologist 3;
new text end
new text begin
(16) recreation program assistant;
new text end
new text begin
(17) recreation therapist;
new text end
new text begin
(18) recreation therapist coordinator;
new text end
new text begin
(19) recreation therapist senior;
new text end
new text begin
(20) refrigeration mechanic;
new text end
new text begin
(21) registered nurse;
new text end
new text begin
(22) registered nurse advanced practice;
new text end
new text begin
(23) registered nurse principal;
new text end
new text begin
(24) registered nurse senior;
new text end
new text begin
(25) rehabilitation counselor senior; and
new text end
new text begin
(26) residential program lead.
new text end
new text begin
Employment positions with a title that begins
with the letters "S" to "W":
new text end
new text begin
(1) security supervisor;
new text end
new text begin
(2) sentencing to service crew leader, institution community work crews;
new text end
new text begin
(3) skills development specialist;
new text end
new text begin
(4) social work specialist;
new text end
new text begin
(5) social work specialist senior-human services;
new text end
new text begin
(6) social worker senior;
new text end
new text begin
(7) special education program assistant;
new text end
new text begin
(8) special teacher: doctoral;
new text end
new text begin
(9) special teacher: master of arts/master of science/five-year+teachers license;
new text end
new text begin
(10) special teacher: five-year career technical credential;
new text end
new text begin
(11) special teacher: five-year career technical credential+10 credits;
new text end
new text begin
(12) special teacher: five-year career technical credential+20 credits;
new text end
new text begin
(13) special teacher: five-year career technical credential+30 credits;
new text end
new text begin
(14) special teacher: five-year career technical credential+40 credits;
new text end
new text begin
(15) special teacher: five-year career technical credential+50 credits;
new text end
new text begin
(16) special teacher: bachelor of arts/bachelor of science+teachers license;
new text end
new text begin
(17) special teacher: bachelor of arts/bachelor of science+teachers license+10 credits;
new text end
new text begin
(18) special teacher: bachelor of arts/bachelor of science+teachers license+20 credits;
new text end
new text begin
(19) special teacher: bachelor of arts/bachelor of science+teachers license+30 credits;
new text end
new text begin
(20) special teacher: bachelor of arts/bachelor of science+teachers license+40 credits;
new text end
new text begin
(21) special teacher: career technical credential;
new text end
new text begin
(22) special teacher: master of arts/master of science+teachers license+10 graduate
credits;
new text end
new text begin
(23) special teacher: master of arts/master of science+teachers license+20 graduate
credits;
new text end
new text begin
(24) special teacher: master of arts/master of science+teachers license+30 graduate
credits;
new text end
new text begin
(25) special teacher: no degree/teachers license;
new text end
new text begin
(26) speech pathology clinician;
new text end
new text begin
(27) sports medicine specialist;
new text end
new text begin
(28) work therapy assistant;
new text end
new text begin
(29) work therapy program coordinator; and
new text end
new text begin
(30) work therapy technician.
new text end
new text begin
A
Department of Human Services or Direct Care and Treatment employee who was employed
at the Minnesota Specialty Health System-Cambridge immediately preceding the 2014
conversion to community-based homes and was in covered correctional service at the time
of the transition will continue to be covered by the correctional employees retirement plan
while employed in the direct care and treatment of patients by and without a break in service
with the Department of Human Services or Direct Care and Treatment.
new text end
new text begin
(a) A correctional plan
membership committee is established to make determinations regarding changes to
employment positions and to coverage of employees.
new text end
new text begin
(b) The members of the correctional plan membership committee are:
new text end
new text begin
(1) the commissioner or the commissioner's designee;
new text end
new text begin
(2) the chief executive officer or the chief executive officer's designee;
new text end
new text begin
(3) the executive director or the executive director's designee;
new text end
new text begin
(4) the commissioner of management and budget or the commissioner's designee;
new text end
new text begin
(5) one representative from each employee organization that represents one or more
employees of the Department of Corrections or Direct Care and Treatment and who are
covered by the correctional employees retirement plan;
new text end
new text begin
(6) the human resources director or the director's designee from the Department of
Corrections; and
new text end
new text begin
(7) the human resources director or the director's designee from Direct Care and
Treatment.
new text end
new text begin
(c) A member of the correctional plan membership committee under paragraph (b),
clause (5), need not attend a meeting of the committee if none of the employees represented
by the employee organization will be impacted by any action to be taken by the committee
at the meeting.
new text end
new text begin
(d) If the executive director has received one or more requests for changes to the title
of an employment position, the addition or removal of an employment position from the
lists in section 352.905, or the commencement or cessation of coverage of an employee by
the correctional employees retirement plan, the executive director must convene the
correctional plan membership committee at least as frequently as once every calendar quarter.
If the executive director has not received any requests during a calendar quarter, the executive
director is not required to convene a meeting.
new text end
new text begin
(e) The human resources directors of the Department of Corrections and Direct Care
and Treatment must retain each request to the correctional plan membership committee and
the related documentation and final determination for an employee or employment position
in their respective department or agency.
new text end
new text begin
(a) No later than 60 days
before the effective date of a change in the title of an employment position listed in section
352.905, the Department of Corrections or Direct Care and Treatment, as applicable, must
submit a request to the commissioner of management and budget to review the title change
and determine whether the responsibilities of the employment position have changed. The
commissioner of management and budget must provide a response to the Department of
Corrections or Direct Care and Treatment, as applicable, by the effective date of the change.
new text end
new text begin
(b) If the commissioner of management and budget determines that the responsibilities
of the employment position have not changed or the responsibilities of the employment
position have changed but the changes do not affect the eligibility of the employment position
for coverage by the correctional employees retirement plan, the department or agency, as
applicable, must:
new text end
new text begin
(1) submit the title change to the executive director of the Legislative Commission on
Pensions and Retirement before the start of the next legislative session and request legislation
to replace the title in section 352.905 with the new title; and
new text end
new text begin
(2) notify each employee in the employment position no later than 30 days after the
effective date of the title change that the title change will not affect the continued coverage
of the employee by the correctional employees retirement plan and that the department or
agency, as applicable, has submitted a request to the legislature to change the title in section
352.905.
new text end
new text begin
(c) If the commissioner of management and budget determines that the responsibilities
of the employment position have changed and the changes result in the employment position
no longer being qualified for coverage by the correctional employees retirement plan, the
employer must:
new text end
new text begin
(1) submit a request to the correctional plan membership committee for confirmation
that the employment position must be removed from the lists of employment positions in
section 352.905; and
new text end
new text begin
(2) notify each employee in the employment position no later than 30 days after the
effective date of the title change that a determination was made by the commissioner of
management and budget that, because the responsibilities of the employment position have
changed, the employment position and all employees in the employment position are no
longer eligible for coverage by the correctional employees retirement plan subject to
confirmation by the correctional plan membership committee.
new text end
new text begin
(a) If the Department
of Corrections or Direct Care and Treatment adds a facility to the list of eligible facilities
under section 352.901, subdivision 8, or a program to the list of eligible programs under
section 352.901, subdivision 9, and the department or agency, as applicable, responsible
for the new facility or program transfers a state employee who was rendering covered
correctional service under section 352.905 to the new facility or program, the state employee
must continue to be covered by the correctional employees retirement plan if the employee
is employed in the same employment position at the new facility or in the new program.
new text end
new text begin
(b) The employee continues to be covered by the correctional employees retirement plan
unless the department or agency, as applicable, completes the process under subdivision 5
and the correctional plan membership committee has determined that the employee no
longer qualifies for coverage.
new text end
new text begin
(a) The correctional
plan membership committee must consider requests to add or remove an employment
position listed in section 352.905, subdivisions 3 to 6, or to confirm a determination under
subdivision 2 by the commissioner of management and budget that, because the
responsibilities of the employment position have changed, the employment position and all
employees in the employment position are no longer eligible for coverage by the correctional
employees retirement plan.
new text end
new text begin
(b) An employee, employee organization, or employer may submit a request to the
correctional plan membership committee to add an employment position to section 352.905,
subdivisions 3 to 6. The correctional plan membership committee may determine that an
employment position must be added if the committee determines that at least one employee
in the employment position satisfies the direct contact requirement.
new text end
new text begin
(c) The correctional plan membership committee may, at the request of an employer,
determine under this subdivision or confirm a determination under subdivision 2, clause
(2), that an employment position must be removed from the lists in section 352.905,
subdivisions 3 to 6, if the committee determines that no employee in the employment
classification satisfies the direct contact requirement.
new text end
new text begin
(d) The correctional plan membership committee must include an effective date in any
determination to add or remove an employment position from the lists in section 352.905,
subdivisions 3 to 6. The effective date may be retroactive for a determination to add an
employment position.
new text end
new text begin
(e) If the correctional plan membership committee determines that an employment
position must be added to or removed from the lists of employment positions in section
352.905, subdivisions 3 to 6, the department or agency affected by the determination must
submit the employment position change to the executive director of the Legislative
Commission on Pensions and Retirement before the start of the next legislative session and
request legislation to make the change.
new text end
new text begin
(f) After making a determination that an employment position must be added to or
removed from the lists of employment positions in section 352.905, subdivisions 3 to 6, the
correctional plan membership committee must designate a member of the committee to
communicate the committee's determination to all affected employees no later than ten days
after the date of the meeting at which the determination was made and inform the employees
of the right to appeal the determination under subdivision 6.
new text end
new text begin
(a) The correctional
plan membership committee must consider requests to provide coverage by the correctional
employees retirement plan to an employee in an employment position listed in section
352.905, subdivisions 3 to 6, or to cease coverage of an employee.
new text end
new text begin
(b) An employee, an employee's employee organization, or an employee's manager may
submit a request to the correctional plan membership committee to provide coverage to an
employee in an employment position listed in section 352.905, subdivisions 3 to 6. The
request may include a description of the extent of the physical hazard that the employee is
routinely subjected to in the course of employment, the extent of intervention routinely
expected of the employee in the event of a facility incident, and the extent the employee is
routinely involved in the rehabilitation, treatment, custody, or supervision of patients, clients,
or incarcerated persons. The request must include:
new text end
new text begin
(1) a signed and dated position description for the employee's position; and
new text end
new text begin
(2) a statement signed by the employer's human resources director or the director's
designee and the commissioner or the chief executive officer, as applicable, that the employee
satisfies the direct contact requirement.
new text end
new text begin
(c) An employer may submit a request to the correctional plan membership committee
to cease coverage of an employee. The request must include:
new text end
new text begin
(1) a signed and dated position description for the employee's position; and
new text end
new text begin
(2) a statement signed by the employee's employer that the employee no longer satisfies
the direct contact requirement.
new text end
new text begin
(d) The correctional plan membership committee must include an effective date in any
determination that an employee must begin to receive coverage by the correctional employees
retirement plan or that coverage must cease. The effective date may be retroactive to the
date as of which the coverage requirements were first satisfied or were no longer met.
new text end
new text begin
(e) After making a determination of coverage or no coverage for an employee, the
correctional plan membership committee must designate a member of the committee to
communicate the committee's determination to the affected employee no later than ten days
after the date of the meeting at which the determination was made and inform the employee
of the right to appeal the determination under subdivision 6.
new text end
new text begin
(a) No later than 30 days after receiving a determination under
subdivision 4 or 5, the affected employee may appeal a determination of the correctional
plan membership committee by filing an appeal with the human resources manager of the
department or agency, as applicable, in which the employee is employed. The appeal must
include:
new text end
new text begin
(1) the reasons for the appeal and rationale for a determination that the employee be
covered by the correctional employees retirement plan; and
new text end
new text begin
(2) new or additional information, if any, not previously submitted or considered by the
correctional plan membership committee, including a new or revised position description
and samples of work product.
new text end
new text begin
(b) The appeal must be decided by the commissioner of corrections if the employee is
an employee of the Department of Corrections or by the chief executive officer of Direct
Care and Treatment if the employee is an employee of Direct Care and Treatment. The
decision of the commissioner or chief executive officer, as applicable, is final.
new text end
new text begin
(c) A determination not timely appealed under paragraph (a) is not entitled to further
administrative or judicial review. A determination under subdivision 4 or 5 or an appeal
decided under paragraph (b) may not be appealed under section 356.96.
new text end
new text begin
Section 356.637 applies if an employee is erroneously covered by:
new text end
new text begin
(1) the correctional employees retirement plan when the employee should have been
covered by one of the other plans specified in section 356.637; or
new text end
new text begin
(2) a plan specified in section 356.637, other than the correctional employees retirement
plan, when the employee should have been covered by the correctional employees retirement
plan.
new text end
Minnesota Statutes 2024, section 352.93, subdivision 1, is amended to read:
After separation from state service,
an employee covered under section deleted text begin 352.91deleted text end new text begin 352.905 new text end who has reached age 55 years and is
vested under section 352.925, is entitled upon application to a retirement annuity under this
section, based only on covered correctional employees' service. Application may be made
no earlier than 60 days before the date the employee is eligible to retire by reason of both
age and service requirements.
Minnesota Statutes 2024, section 352.955, subdivision 1, is amended to read:
(a) An eligible
employee described in paragraph (b) may elect to transfer service credit in the general state
employees retirement plan of the Minnesota State Retirement System to the correctional
state employees retirement plan for eligible prior correctional employment.
(b) An eligible employee is a person who deleted text begin is covered by legislation implementing the
recommendations under section 352.91, subdivision 4adeleted text end new text begin the correctional plan membership
committee determines is entitled to coverage by the correctional employees retirement plan
under section 352.907new text end .
(c) Eligible prior correctional employment is employment covered by the general state
employees retirement plan of the Minnesota State Retirement System, is continuous service,
and is certified by the commissioner of corrections and the Direct Care and Treatment
executive board, whichever applies, and by the commissioner of management and budget
to the executive director of the Minnesota State Retirement System as service that would
qualify for correctional state employees retirement plan coverage under section deleted text begin 352.91deleted text end new text begin
352.905new text end , if the service had been rendered after the date of coverage transfer.
(d) The election to transfer past service credit under this section must be made in writing
by the applicable person on a form prescribed by the executive director of the Minnesota
State Retirement System and must be filed with the executive director of the Minnesota
State Retirement System on or before the one year anniversary of the coverage transfer or
the date of the eligible employee's termination of state employment, whichever is earlier.
new text begin
Minnesota Statutes 2024, section 352.91, subdivisions 1, 2, 2a, 3c, 3d, 3e, 3f, 3g, 3h,
3i, 3j, 4a, 4b, 4c, and 6,
new text end
new text begin
are repealed.
new text end
new text begin
Sections 1 to 11 are effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 356.24, subdivision 1, is amended to read:
It is unlawful for a school district or other
governmental subdivision or state agency to levy taxes for or to contribute public funds to
a supplemental pension or deferred compensation plan that is established, maintained, and
operated in addition to a primary pension program for the benefit of the governmental
subdivision employees other than:
(1) to a supplemental pension plan that was established, maintained, and operated before
May 6, 1971;
(2) to a plan that provides solely for group health, hospital, disability, or death benefits;
(3) to the individual retirement account plan established by chapter 354B;
(4) to a plan that provides solely for severance pay under section 465.72 to a retiring or
terminating employee;
(5) to a deferred compensation plan defined in subdivision 3;
(6) for personnel employed by the Board of Trustees of the Minnesota State Colleges
and Universities and not covered by clause (5), to the supplemental retirement plan under
chapter 354C, if the supplemental plan coverage is provided for in a personnel policy or in
the collective bargaining agreement of the public employer with the exclusive representative
of the covered employees in an appropriate unit, in an amount matching employee
contributions on a dollar for dollar basis, but not to exceed an employer contribution of
deleted text begin $2,700deleted text end new text begin $4,300new text end a year for each employee;
(7) to a supplemental plan or to a governmental trust to save for postretirement health
care expenses qualified for tax-preferred treatment under the Internal Revenue Code, if the
supplemental plan coverage is provided for in a personnel policy or in the collective
bargaining agreement of a public employer with the exclusive representative of the covered
employees in an appropriate unit;
(8) to the laborers national industrial pension fund or to a laborers local pension fund
for the employees of a governmental subdivision who are covered by a collective bargaining
agreement that provides for coverage by that fund and that sets forth a fund contribution
rate, but not to exceed an employer contribution of $10,000 per year per employee;
(9) to the plumbers and pipefitters national pension fund or to a plumbers and pipefitters
local pension fund for the employees of a governmental subdivision who are covered by a
collective bargaining agreement that provides for coverage by that fund and that sets forth
a fund contribution rate, but not to exceed an employer contribution of $5,000 per year per
employee;
(10) to the international union of operating engineers pension fund for the employees
of a governmental subdivision who are covered by a collective bargaining agreement that
provides for coverage by that fund and that sets forth a fund contribution rate, but not to
exceed an employer contribution of $10,000 per year per employee;
(11) to the International Association of Machinists national pension fund for the
employees of a governmental subdivision who are covered by a collective bargaining
agreement that provides for coverage by that fund and that sets forth a fund contribution
rate, but not to exceed an employer contribution of $5,000 per year per employee;
(12) for employees of United Hospital District, Blue Earth, to the state of Minnesota
deferred compensation program, if the employee makes a contribution, in an amount that
does not exceed the total percentage of covered salary under section 353.27, subdivisions
3 and 3a;
(13) to the alternative retirement plans established by the Hennepin County Medical
Center under section 383B.914, subdivision 5;
(14) to the International Brotherhood of Teamsters Central States pension plan for
fixed-route bus drivers employed by the St. Cloud Metropolitan Transit Commission who
are members of the International Brotherhood of Teamsters Local 638 by virtue of that
employment; or
(15) to a supplemental plan organized and operated under the Internal Revenue Code,
as amended, that is wholly and solely funded by the employee's accumulated sick leave,
accumulated vacation leave, and accumulated severance pay.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 424A.014, subdivision 2, is amended to read:
(a) The board of trustees of each firefighters relief
association that is not required to and does not choose to file a financial report and audit
under subdivision 1 must prepare a detailed statement of the financial affairs for the preceding
fiscal year of the relief association's special and general funds in the style and form prescribed
by the state auditor. The detailed statement must show:
(1) the sources and amounts of all money received;
(2) all disbursements, accounts payable, and accounts receivable;
(3) the amount of money remaining in the treasury;
(4) total assets, including a listing of all investments;
(5) the accrued liabilities; and
(6) all other items necessary to show accurately the revenues and expenditures and
financial position of the relief association.
(b) The detailed financial statement of the special and general funds required under
paragraph (a) must be certified by a certified public accountant or by the state auditor in
accordance with agreed-upon procedures and forms prescribed by the state auditor. The
accountant must have at least five years of public accounting, auditing, or similar experience
and must not be an active, inactive, or retired member of the relief association or the fire
department.
(c) The detailed financial statement required under paragraph (a) must be countersigned
by:
(1) the municipal clerk or clerk-treasurer of the municipality;
(2) where applicable, the municipal clerk or clerk-treasurer of the largest municipality
in population that contracts with the independent nonprofit firefighting corporation if the
relief association is a subsidiary of an independent nonprofit firefighting corporation, and
by the secretary of the independent nonprofit firefighting corporation; or
(3) the chief financial official of the county in which the firefighters relief association
is located or primarily located if the relief association is associated with a fire department
that is not located in or associated with an organized municipality.
(d) The firefighters relief association board must submit a copy of the detailed financial
statement required under paragraph (a) that has been certified by the governing body of the
municipality to the state auditor on or before deleted text begin March 31deleted text end new text begin June 30new text end after the close of the fiscal
year.
(e) A certified public accountant or auditor who performs the agreed-upon procedures
under paragraph (b) is subject to the reporting requirement of section 6.67.
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 424A.015, subdivision 4, is amended to read:
deleted text begin
A
relief association that is a qualified pension plan under section 401(a) of the Internal Revenue
Code, as amended, and that provides a single payment service pension, at the written request
of the applicable retiring member or, following the death of the active member, at the written
request of the deceased member's surviving spouse, may directly transfer on an
institution-to-institution basis the eligible member's lump-sum pension or the survivor
benefit attributable to the member, whichever applies, to the requesting person's individual
retirement account under section 408(a) of the Internal Revenue Code, as amended.
deleted text end
new text begin
A relief
association must permit a member, a surviving spouse, or another distributee as defined in
section 356.633, subdivision 1, paragraph (b), to elect a direct rollover of any distribution
that is an eligible rollover distribution as defined in section 356.633, subdivision 1, paragraph
(d), subject to the terms and conditions of section 356.633.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 424A.016, subdivision 2, is amended to read:
(a) A relief association,
when its articles of incorporation or bylaws so provide, may pay new text begin as soon as practicable new text end out
of the assets of its special fund a defined contribution service pension to each of its members
who:
(1) separates from active service with the fire department;
(2) deleted text begin reaches age 50deleted text end new text begin submits a valid written application for the distributionnew text end ;
(3) completes at least five years of active service as an active member of the fire
department to which the relief association is associated;
(4) completes at least five years of active membership with the relief association before
separation from active service; and
(5) complies with any additional conditions as to age, service, and membership that are
prescribed by the bylaws of the relief association.
(b) In the case of a member who has completed at least five years of active service as
an active member of the fire department to which the relief association is associated on the
date that the relief association is established and incorporated, the requirement that the
member complete at least five years of active membership with the relief association before
separation from active service may be waived by the board of trustees of the relief association
if the member completes at least five years of inactive membership with the relief association
before the date of the payment of the service pension. During the period of inactive
membership, the member is not entitled to receive any disability benefit coverage, is not
entitled to receive additional individual account allocation of fire state aid or municipal
contribution toward a service pension, and is considered to have the status of a person
entitled to a deferred service pension.
(c) The service pension earned by a firefighter under this chapter and the articles of
incorporation and bylaws of the relief association may be paid whether or not the municipality
or independent nonprofit firefighting corporation to which the relief association is associated
qualifies for the receipt of fire state aid under chapter 477B.
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 424A.016, subdivision 6, is amended to read:
(a) A "deferred member" means a member of a
relief association who has separated from active service and membership and has completed
the minimum service and membership requirements in subdivision 2. The requirement that
a member separate from active service and membership is waived for deleted text begin personsdeleted text end new text begin any person
new text end who deleted text begin havedeleted text end new text begin has new text end discontinued deleted text begin theirdeleted text end volunteer firefighter and paid on-call firefighter duties and
deleted text begin who aredeleted text end new text begin is new text end employed on a part-time or full-time basis under section 424A.015, subdivision
1.
(b) A deferred member is entitled to receive a deferred service pension deleted text begin whendeleted text end new text begin as soon as
practicable after new text end the member deleted text begin reaches at least age 50, or at least the minimum age specified
in the bylaws governing the relief association if that age is greater than age 50, and makesdeleted text end
new text begin submits new text end a valid written applicationnew text begin for the distribution and complies with any conditions as
to age prescribed by the relief association's bylawsnew text end .
(c) A defined contribution relief association must credit interest or additional investment
performance on the deferred lump-sum service pension during the period of deferral for all
deferred members on or after January 1, 2021. A defined contribution relief association
may specify in its bylaws the method by which it will credit interest or additional investment
performance to the accounts of deferred members. Such method shall be limited to one of
the three methods provided in this paragraph. In the event the bylaws do not specify a
method, the interest or additional investment performance must be credited using the method
defined in clause (3). The permissible methods are:
(1) at the investment performance rate actually earned on that portion of the assets if the
deferred benefit amount is invested by the relief association in a separate account established
and maintained by the relief association;
(2) at the investment performance rate actually earned on that portion of the assets if the
deferred benefit amount is invested in a separate investment vehicle held by the relief
association; or
(3) at the investment return on the assets of the special fund of the defined contribution
relief association in proportion to the share of the assets of the special fund to the credit of
each individual deferred member account.
(d) Notwithstanding the requirements of section 424A.015, subdivision 6, bylaw
amendments made in accordance with paragraph (c) on or before January 1, 2022, shall
apply to members already in deferred status as of January 1, 2021.
(e) Unless the bylaws provide differently, interest or additional investment performance
must be allocated to each deferred member account beginning on the date that the member
separates from active service and membership and ending on the last date that the deferred
member account is valued before the final distribution of the deferred service pension.
new text begin
(f) Notwithstanding the requirements of section 424A.015, subdivision 6, a relief
association that amends its bylaws to lower the required minimum retirement age may
specify in the bylaws amendment that the lower minimum retirement age applies to members
who separated from active service and membership prior to the effective date of the bylaws
amendment.
new text end
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 424A.05, subdivision 3, is amended to read:
(a) Disbursements from the
special fund may not be made for any purpose other than one of the following:
(1) for the payment new text begin or direct rollover under section 356.633 new text end of service pensions to deleted text begin retireddeleted text end
members of the relief association if authorized and paid under law and the bylaws governing
the relief association;
(2) for the purchase of an annuity for the applicable person under section 424A.015,
subdivision 3deleted text begin , for the transfer of service pension or benefit amounts to the applicable person's
individual retirement account under section 424A.015, subdivision 4, or to the applicable
person's account in the Minnesota deferred compensation plan under section 424A.015,
subdivision 5deleted text end ;
(3) for the payment new text begin or direct rollover under section 356.633 new text end of temporary or permanent
disability benefits to disabled members of the relief association if authorized and paid under
law and specified in amount in the bylaws governing the relief association;
(4) for the payment new text begin or direct rollover under section 356.633 new text end of survivor benefits or for
the payment of a death benefit to the estate of the deceased active or deferred firefighter, if
authorized and paid under law and specified in amount in the bylaws governing the relief
association;
(5) for the payment of the fees, dues and assessments to the Minnesota State Fire
Department Association and to the Minnesota State Fire Chiefs Association in order to
entitle relief association members to membership in and the benefits of these associations
or organizations;
(6) for the payment of insurance premiums to the state Volunteer Firefighters Benefit
Association, or an insurance company licensed by the state of Minnesota offering casualty
insurance, in order to entitle relief association members to membership in and the benefits
of the association or organization;
(7) for the payment of administrative expenses of the relief association as authorized
under subdivision 3b; and
(8) for the payment new text begin or direct rollover under section 356.633 new text end of a service pension to the
former spouse of a member or former member of a relief association, if the former spouse
is an alternate payee designated in a qualified domestic relations order under subdivision
5.
(b) Checks or authorizations for electronic fund transfers for disbursements authorized
by this section must be signed by the relief association treasurer and at least one other elected
trustee who has been designated by the board of trustees to sign the checks or authorizations.
A relief association may make disbursements authorized by this subdivision by electronic
fund transfers only if the specific method of payment and internal control policies and
procedures regarding the method are approved by the board of trustees.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 424A.06, subdivision 2, is amended to read:
(a) The general fund, if established, must
be credited with the following:
(1) all money received from dues deleted text begin other than dues payable as contributions under the
bylaws of the relief association to the special funddeleted text end ;
(2) all money received from fines;
(3) all money received from initiation fees;
(4) all money received as entertainment revenues; and
(5) any money or property donated, given, granted or devised by any person, either for
the support of the general fund of the relief association or for unspecified purposes.
(b) The treasurer of the relief association is the custodian of the assets of the general
fund and must be the recipient on behalf of the general fund of all revenues payable to the
general fund. The treasurer shall maintain adequate records documenting any transaction
involving the assets or the revenues of the general fund. These records must be open for
inspection by any member of the relief association at reasonable times and places.
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 424A.092, subdivision 2, is amended to read:
(a) deleted text begin Beginning with the calculation
performed in 2021 for the 2022 calendar year,deleted text end Each firefighters relief association which
pays a lump-sum service pension shall determine the accrued liability of the special fund
of the firefighters relief association relative to each active member of the relief association,
calculated using the applicable appendix to the standards for actuarial work established by
the Legislative Commission on Pensions and Retirement under section 3.85, subdivision
10.
deleted text begin
(b) For calendar years before 2022, each firefighters relief association shall determine
the accrued liability of the special fund of the firefighters relief association relative to each
active member of the relief association, calculated individually using the following table:
deleted text end
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Cumulative Year deleted text end |
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Accrued Liability deleted text end |
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1 deleted text end |
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$ deleted text end |
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60 deleted text end |
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124 deleted text end |
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190 deleted text end |
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260 deleted text end |
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334 deleted text end |
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410 deleted text end |
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492 deleted text end |
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576 deleted text end |
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666 deleted text end |
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760 deleted text end |
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11 deleted text end |
deleted text begin
858 deleted text end |
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12 deleted text end |
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962 deleted text end |
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13 deleted text end |
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1070 deleted text end |
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14 deleted text end |
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1184 deleted text end |
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15 deleted text end |
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1304 deleted text end |
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16 deleted text end |
deleted text begin
1428 deleted text end |
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17 deleted text end |
deleted text begin
1560 deleted text end |
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18 deleted text end |
deleted text begin
1698 deleted text end |
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19 deleted text end |
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1844 deleted text end |
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deleted text begin
20 deleted text end |
deleted text begin
2000 deleted text end |
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21 deleted text end |
deleted text begin
and thereafter deleted text end |
deleted text begin
100 deleted text end |
deleted text begin
additional per year deleted text end |
deleted text begin
As set forth in the table the accrued liability for each member of the relief association
corresponds to the cumulative years of active service to the credit of the member. The
accrued liability of the special fund for each active member is determined by multiplying
the accrued liability from the chart by the ratio of the lump-sum service pension amount
currently provided for in the bylaws of the relief association to a service pension of $100
per year of service.
deleted text end
deleted text begin (c)deleted text end new text begin (b) new text end If a member has fractional service as of December 31, the figure for service credit
to be used for the determination of accrued liability pursuant to this section shall be rounded
to the nearest full year of service credit. The total accrued liability of the special fund as of
December 31 shall be the sum of the accrued liability attributable to each active member
of the relief association.
deleted text begin (d)deleted text end new text begin (c) new text end To the extent that the state auditor considers it to be necessary or practical, the
state auditor may specify and issue procedures, forms, or mathematical tables for use in
performing the calculations of the accrued liability for deferred members pursuant to this
subdivision.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 424A.092, subdivision 3, is amended to read:
(a) During the month of July, the officers of the relief association shall
determine the overall funding balance of the special fund for the current calendar year, the
financial requirements of the special fund for the following calendar year and the minimum
obligation of the municipality with respect to the special fund for the following calendar
year in accordance with the requirements of this subdivision.
(b) The overall funding balance of the special fund for the current calendar year must
be determined in the following manner:
(1) The total accrued liability of the special fund for all active and deferred members of
the relief association as of December 31 of the current year must be calculated under
subdivisions 2 and 2a, if applicable.
(2) The total present assets of the special fund projected to December 31 of the current
year, including receipts by and disbursements from the special fund anticipated to occur on
or before December 31, must be calculated. To the extent possible, for those assets for which
a market value is readily ascertainable, the current market value as of the date of the
calculation for those assets must be utilized in making this calculation. For any asset for
which no market value is readily ascertainable, the cost value or the book value, whichever
is applicable, must be utilized in making this calculation.
(3) The amount of the total present assets of the special fund calculated under clause (2)
must be subtracted from the amount of the total accrued liability of the special fund calculated
under clause (1). If the amount of total present assets exceeds the amount of the total accrued
liability, then the special fund is considered to have a surplus over full funding. If the amount
of the total present assets is less than the amount of the total accrued liability, then the
special fund is considered to have a deficit from full funding. If the amount of total present
assets is equal to the amount of the total accrued liability, then the special fund is considered
to be fully funded.
(c) The financial requirements of the special fund for the following calendar year must
be determined in the following manner:
(1) The total accrued liability of the special fund for all active and deferred members of
the relief association as of December 31 of the calendar year next following the current
calendar year must be calculated under subdivisions 2 and 2a, if applicable.
(2) The increase in the total accrued liability of the special fund for the following calendar
year over the total accrued liability of the special fund for the current year must be calculated.
(3) The amount of anticipated future administrative expenses of the special fund must
be calculated by multiplying the dollar amount of the administrative expenses of the special
fund for the most recent prior calendar year by the factor of 1.035.
(4) If the special fund is fully funded, the financial requirements of the special fund for
the following calendar year are the total of the amounts calculated under clauses (2) and
(3).
(5) If the special fund has a deficit from full funding, the financial requirements of the
special fund for the following calendar year are the financial requirements of the special
fund calculated as though the special fund were fully funded under clause (4) plus an amount
equal to one-tenth of the original amount of the deficit from full funding of the special fund
as determined under clause (2) resulting either from an increase in the amount of the service
pension occurring in the last ten years or from a net annual investment loss occurring during
the last ten years until each increase in the deficit from full funding is fully retired. The
annual amortization contribution under this clause may not exceed the amount of the deficit
from full funding.
(6) If the special fund has a surplus over full funding, the financial requirements of the
special fund for the following calendar year are the financial requirements of the special
fund calculated as though the special fund were fully funded under clause (4) reduced by
an amount equal to one-tenth of the amount of the surplus over full funding of the special
fund.
(d) The minimum obligation of the municipality with respect to the special fund is the
financial requirements of the special fund reduced by the amount of any fire state aid and
police and firefighter retirement supplemental state aid payable under chapter 477B and
section 423A.022 reasonably anticipated to be received by the municipality for transmittal
to the special fund during the following calendar year,new text begin andnew text end an amount of interest on the
assets of the special fund projected to the beginning of the following calendar year calculated
at the rate of five percent per annumdeleted text begin , and the amount of any contributions to the special
fund required by the relief association bylaws from the active members of the relief
association reasonably anticipated to be received during the following calendar yeardeleted text end . A
reasonable amount of anticipated fire state aid is an amount that does not exceed the fire
state aid actually received in the prior year multiplied by the factor 1.035.
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 424A.092, subdivision 4, is amended to read:
(a) The officers of the relief association shall certify the financial requirements of the
special fund of the relief association and the minimum obligation of the municipality with
respect to the special fund of the relief association as determined under subdivision 3 on or
before August 1 of each year. The certification must be made to the entity that is responsible
for satisfying the minimum obligation with respect to the special fund of the relief association.
If the responsible entity is a joint powers entity, the certification must be made in the manner
specified in the joint powers agreement, or if the joint powers agreement is silent on this
point, the certification must be made to the chair of the joint powers board.
(b) The financial requirements of the relief association and the minimum municipal
obligation must be included in the financial report or financial statement under section
424A.014. The schedule forms related to the determination of the financial requirements
must be filed new text begin annually new text end with the state auditor by deleted text begin March 31, annually, if the relief association
is required to file a financial statement under section 424A.014, subdivision 2, or bydeleted text end June
30deleted text begin , annually, if the relief association is required to file a financial report and audit under
section 424A.014, subdivision 1deleted text end .
(c) The municipality shall provide for at least the minimum obligation of the municipality
with respect to the special fund of the relief association by tax levy or from any other source
of public revenue.
(d) The municipality may levy taxes for the payment of the minimum municipal obligation
without any limitation as to rate or amount and irrespective of any limitations imposed by
other provisions of law upon the rate or amount of taxation until the balance of the special
fund or any fund of the relief association has attained a specified level. In addition, any
taxes levied under this section must not cause the amount or rate of any other taxes levied
in that year or to be levied in a subsequent year by the municipality which are subject to a
limitation as to rate or amount to be reduced.
(e) If the municipality does not include the full amount of the minimum municipal
obligations in its levy for any year, the officers of the relief association shall certify that
amount to the county auditor, who shall spread a levy in the amount of the certified minimum
municipal obligation on the taxable property of the municipality.
(f) If the state auditor determines that a municipal contribution actually made in a plan
year was insufficient under section 424A.091, subdivision 3, paragraph (c), clause (5), the
state auditor may request a copy of the certifications under this subdivision from the relief
association or from the city. The relief association or the city, whichever applies, must
provide the certifications within 14 days of the date of the request from the state auditor.
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 424A.093, subdivision 5, is amended to read:
(a) The officers of the relief association shall
determine the minimum obligation of the municipality with respect to the special fund of
the relief association for the following calendar year on or before August 1 of each year in
accordance with the requirements of this subdivision.
(b) The minimum obligation of the municipality with respect to the special fund is an
amount equal to the financial requirements of the special fund of the relief association
determined under subdivision 4, reduced by the estimated amount of any fire state aid and
police and firefighter retirement supplemental state aid payable under chapter 477B and
section 423A.022 reasonably anticipated to be received by the municipality for transmittal
to the special fund of the relief association during the following year deleted text begin and the amount of any
anticipated contributions to the special fund required by the relief association bylaws from
the active members of the relief association reasonably anticipated to be received during
the following calendar yeardeleted text end . A reasonable amount of anticipated fire state aid is an amount
that does not exceed the fire state aid actually received in the prior year multiplied by the
factor 1.035.
(c) The officers of the relief association shall certify the financial requirements of the
special fund of the relief association and the minimum obligation of the municipality with
respect to the special fund of the relief association as determined under subdivision 4 and
this subdivision by August 1 of each year. The certification must be made to the entity that
is responsible for satisfying the minimum obligation with respect to the special fund of the
relief association. If the responsible entity is a joint powers entity, the certification must be
made in the manner specified in the joint powers agreement, or if the joint powers agreement
is silent on this point, the certification must be made to the chair of the joint powers board.
(d) The financial requirements of the relief association and the minimum municipal
obligation must be included in the financial report or financial statement under section
424A.014.
(e) The municipality shall provide for at least the minimum obligation of the municipality
with respect to the special fund of the relief association by tax levy or from any other source
of public revenue. The municipality may levy taxes for the payment of the minimum
municipal obligation without any limitation as to rate or amount and irrespective of any
limitations imposed by other provisions of law or charter upon the rate or amount of taxation
until the balance of the special fund or any fund of the relief association has attained a
specified level. In addition, any taxes levied under this section must not cause the amount
or rate of any other taxes levied in that year or to be levied in a subsequent year by the
municipality which are subject to a limitation as to rate or amount to be reduced.
(f) If the municipality does not include the full amount of the minimum municipal
obligation in its levy for any year, the officers of the relief association shall certify that
amount to the county auditor, who shall spread a levy in the amount of the minimum
municipal obligation on the taxable property of the municipality.
(g) If the state auditor determines that a municipal contribution actually made in a plan
year was insufficient under section 424A.091, subdivision 3, paragraph (c), clause (5), the
state auditor may request from the relief association or from the city a copy of the
certifications under this subdivision. The relief association or the city, whichever applies,
must provide the certifications within 14 days of the date of the request from the state auditor.
new text begin
This section is effective January 1, 2026.
new text end
new text begin
Minnesota Statutes 2024, section 424A.015, subdivision 5,
new text end
new text begin
is repealed.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 424A.02, subdivision 3, is amended to read:
(a) Except as provided in paragraph
(b) and section 424B.22, subdivision 4, a defined benefit relief association may not set in
its bylaws a service pension amount above the following maximum amounts:
(1) for a defined benefit relief association in which the governing bylaws provide for a
monthly service pension, the maximum monthly service pension amount per month for each
year of service credited is the lesser of $100 or the maximum monthly service pension
amount that could be adopted by the relief association as a bylaws amendment that satisfies
section 424A.093, subdivision 6, paragraph (d); and
(2) for a defined benefit relief association in which the governing bylaws provide for a
lump-sum service pension, the maximum lump-sum service pension amount for each year
of service credited is the lesser of deleted text begin $15,000deleted text end new text begin $20,000new text end or the maximum lump-sum service
pension amount that could be adopted by the relief association as a bylaws amendment that
satisfies section 424A.092, subdivision 6, paragraph (e).
(b) A defined benefit relief association may set in its bylaws a service pension amount
that is not greater than the maximum amounts in clause (1) or (2), as applicable, but only
if the service pension amount has been ratified by the municipality.
(1) For a defined benefit relief association that pays a monthly service pension, the
maximum monthly service pension amount per month for each year of service credited is
$100.
(2) For a defined benefit relief association that pays a lump-sum service pension, the
maximum lump-sum service pension amount for each year of service credited is deleted text begin $15,000deleted text end new text begin
$20,000new text end .
(c) The method of calculating service pensions must be applied uniformly for all years
of active service. Credit must be given for all years of active service, unless the bylaws of
the relief association provide that service credit is not given for:
(1) years of active service in excess of caps on service credit; or
(2) years of active service earned by a former member who:
(i) has ceased duties as a volunteer firefighter and paid on-call firefighter with the fire
department before becoming vested under subdivision 2; and
(ii) has not resumed active service with the fire department and active membership in
the relief association for a period as defined in the relief association's bylaws, of not less
than five years.
new text begin
This section is effective the day following final enactment.
new text end
new text begin
Minnesota Statutes 2024, section 356A.06, subdivision 5,
new text end
new text begin
is repealed.
new text end
Minnesota Statutes 2024, section 187.03, subdivision 5, is amended to read:
(a) "Covered employee" means a person who is employed
by a covered employer and who satisfies any other criteria established by the board.
(b) Covered employee does not include:
(1) a person who, on December 31 of the preceding calendar year, was younger than 18
years of age;
(2) a person covered under the federal Railway Labor Act, as amended, United States
Code, title 45, sections 151 et seq.;
(3) a person on whose behalf an employer makes contributions to a Taft-Hartley
multiemployer pension trust fund; deleted text begin or
deleted text end
(4) a person employed by the government of the United States, another country, the state
of Minnesota, another state, or any subdivision thereofdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(5) a person employed on a temporary or seasonal basis for a limited duration, which
the employer determines at the time the person is hired will not extend beyond 180 days.
new text end
new text begin
(c) A person described in paragraph (b), clause (5), may elect to have contributions
deducted from the person's paycheck for remittance to the program, but only if the employer
would otherwise be considered a covered employer.
new text end
Minnesota Statutes 2024, section 187.03, is amended by adding a subdivision to
read:
new text begin
"Enrollment window" means the period established by
the board, according to a phase-in schedule approved under Laws 2023, chapter 46, section
10, subdivision 1, paragraph (b), that is applicable to each covered employer and during
which the covered employer is first required to provide information to covered employees
and enroll covered employees who do not elect to opt out of the program.
new text end
Minnesota Statutes 2024, section 187.03, subdivision 7, is amended to read:
"Executive director" means the chief executive and
administrative head of the programnew text begin or, if an executive director has not been appointed,
executive director means the interim executive director, if one has been appointednew text end .
Minnesota Statutes 2024, section 187.03, subdivision 7a, is amended to read:
"Home and
community-based services employee" means an individual deleted text begin employed by the individual's
child or spousedeleted text end new text begin who is not an employee of a provider agency and who is selected by and
working under the direction of a participant in a covered programnew text end to providenew text begin to the
participantnew text end :
(1) consumer-directed community supports services under sections 256B.092 and 256B.49
and chapter 256S or under the alternative care program authorized under section 256B.0913;
or
(2) services under the community first services and supports program authorized under
section 256B.85 and Minnesota's federally approved waiver programs.
This definition applies only to this chapter and does not create any other legal rights or
obligations under state or federal law.
Minnesota Statutes 2024, section 187.05, is amended by adding a subdivision to
read:
new text begin
(a) Any entity
or person may file a certification with the executive director on a form prescribed by the
executive director and provide documentation in support of the certification, as requested
by the executive director, stating that the entity or person is not a covered employer. The
certification must state that the entity or person is not a covered employer for one or more
of the following reasons:
new text end
new text begin
(1) the entity or person has not been engaged for at least 12 months in a business, industry,
profession, trade, or other enterprise in Minnesota, whether for profit or not for profit;
new text end
new text begin
(2) the entity or person does not employ five or more employees;
new text end
new text begin
(3) the entity or person sponsors or contributes to or, in the immediately preceding 12
months, sponsored or contributed to a retirement savings plan for its employees; or
new text end
new text begin
(4) the entity is a political subdivision of the state or federal government.
new text end
new text begin
(b) Within 30 days of receiving the certification, the executive director must accept the
certification or issue a determination that the entity or person is a covered employer and
subject to the requirements of section 187.07.
new text end
new text begin
(c) The entity or person may appeal the executive director's determination by filing an
appeal with the board of directors no later than 30 days after receipt of the determination.
new text end
Minnesota Statutes 2024, section 187.05, subdivision 4, is amended to read:
(a) The board deleted text begin must establish default, minimum, and
maximumdeleted text end new text begin may change the requirednew text end employee contribution rates and deleted text begin andeleted text end new text begin thenew text end escalation
schedule deleted text begin to automatically increase each covered employee's contribution rate annually until
the contribution rate is equal to the maximum contribution ratedeleted text end new text begin under section 187.07,
subdivision 1. The board must provide all covered employers with notice of a change in
employee contribution rates or the escalation schedule at least six months in advance of the
effective date of the changenew text end .
(b) A covered employee must have the right, annually or more frequently as determined
by the board, to change the contribution rate, opt out or elect not to contribute, or cease
contributions.
Minnesota Statutes 2024, section 187.05, subdivision 6, is amended to read:
The board must establish alternatives
permitting covered employees to take a withdrawal of all or a portion of the covered
employee's account while employed and one or more distributions following termination
of employment. new text begin By July 1, 2028, the board must include lifetime income options as
new text end distribution alternatives deleted text begin must include lifetime income optionsdeleted text end .
Minnesota Statutes 2024, section 187.07, subdivision 1, is amended to read:
new text begin (a) new text end Each covered employer must
enroll its covered employees in the program and withhold payroll deduction contributions
from each covered employee's paychecknew text begin no later than 30 days after the covered employee's
first day of employmentnew text end , unless the covered employee has elected not to contribute.
new text begin
(b) Unless the board has approved a different rate or rates under section 187.05,
subdivision 4, or a covered employee has elected a different contribution rate or not to
contribute, the employee contribution rates and escalation schedule are:
new text end
new text begin
(1) five percent of pay for the covered employee's first year of participation;
new text end
new text begin
(2) six percent of pay for the covered employee's second year of participation;
new text end
new text begin
(3) seven percent of pay for the covered employee's third year of participation; and
new text end
new text begin
(4) eight percent of pay for the covered employee's fourth year of participation and each
year thereafter.
new text end
new text begin
(c) Paragraph (a) does not apply to a covered employer until the covered employer's
enrollment window has opened. No later than 30 days after the end of the enrollment window,
the covered employer must have enrolled all covered employees, except for any covered
employee who has elected not to contribute.
new text end
new text begin
(d) The executive director must communicate annually by email or otherwise in writing
to each covered employee:
new text end
new text begin
(1) the annual limit on employee contributions to a traditional IRA and a Roth IRA in
effect under section 408 and 408A, respectively, of the Internal Revenue Code; and
new text end
new text begin
(2) notice that it is the responsibility of the covered employee to reduce the covered
employee's contribution rate from the rate under paragraph (b) as necessary to stay within
the limit under section 408 or section 408A of the Internal Revenue Code that is applicable
to the covered employee and the type of IRA to which the contributions are being credited.
new text end
Minnesota Statutes 2024, section 187.07, subdivision 2, is amended to read:
new text begin Notwithstanding section 181.06, new text end a covered employer
must deleted text begin timelydeleted text end remit new text begin payroll deduction new text end contributions deleted text begin as required by the boarddeleted text end new text begin withheld from
the paycheck of each covered employee to the program as soon as practicable after the
deduction is taken and no later than 30 days after the date of each paychecknew text end .
Minnesota Statutes 2024, section 187.07, subdivision 3, is amended to read:
new text begin (a) new text end Covered employers must provide information
prepared by the board to all covered employees regarding the program. The information
must be provided to each covered employee deleted text begin at least 30deleted text end new text begin no later than 14 new text end days deleted text begin prior to the
date of the first paycheck from which employee contributions could be deducted for
transmittal to the program, if the covered employee does not elect to opt out of the programdeleted text end new text begin
after the covered employee's first day of employmentnew text end .
new text begin
(b) Paragraph (a) does not apply to a covered employer until the covered employer's
enrollment window has opened. No later than 14 days before the date of the first paycheck
from which employee contributions could be deducted for transmittal to the program, the
covered employer must provide the information prepared by the board regarding the program
to all covered employees of the covered employer.
new text end
Minnesota Statutes 2024, section 187.07, subdivision 6, is amended to read:
(a)new text begin As described under section 187.12,new text end the board may imposenew text begin :
new text end
new text begin (1)new text end statutory civil penalties against any covered employer that fails to comply with
deleted text begin subdivisionsdeleted text end new text begin subdivisionnew text end 1deleted text begin , 2, anddeleted text end new text begin or new text end 3new text begin ; and
new text end
new text begin (2) statutory civil or criminal penalties against any covered employer that fails to comply
with subdivision 2new text end .
(b) At the request of the board, the attorney general shall enforce the penalties imposed
by the board against a covered employer. Proceeds of such penalties, after deducting
enforcement expenses, must be deposited in the Secure Choice administrative fund and are
appropriated to the program.
(c) The board must provide deleted text begin covered employers withdeleted text end written warnings new text begin to any covered
employer that fails to comply with subdivision 1 or 3 or both subdivisions 1 and 3 new text end for the
first deleted text begin yeardeleted text end new text begin two years new text end of noncompliance deleted text begin before assessingdeleted text end new text begin . If the covered employer has not
complied with subdivision 1 or 3 during the two-year period after the date on which the
covered employer was first required to comply with subdivision 1 or 3, as applicable, the
board must assessnew text end penalties.
Minnesota Statutes 2024, section 187.08, subdivision 3, is amended to read:
(a) Board members serve for two-year terms, except deleted text begin fordeleted text end new text begin :
new text end
new text begin (1)new text end the executive directors of the Minnesota State Retirement System and the State Board
of Investmentdeleted text begin , whodeleted text end serve indefinitelynew text begin ; and
new text end
new text begin (2) the initial term of the member who is an executive or other professional with
substantial experience in retirement plan investments under subdivision 1, clause (3), item
(iii), and the member who is a human resources executive under subdivision 1, clause (4),
is three yearsnew text end .
(b) Board members' terms may be renewed, but no member may serve more than two
consecutive terms.
Minnesota Statutes 2024, section 187.08, subdivision 7, is amended to read:
(a) The board must appoint an executive director,
determine the duties of the executive director, and set the compensation of the executive
director. The board may appoint an interim executive director to serve as executive director
during any period that the executive director position is vacant.
new text begin
(b) The executive director may participate in deliberations but must not vote on any
matter before the board. The executive director must not participate in deliberations on any
matter before the board that results or is likely to result in direct measurable economic gain
to the executive director or the executive director's family.
new text end
new text begin
(c) The executive director must file with the Campaign Finance and Public Disclosure
Board an economic interest statement in a manner prescribed by section 10A.09, subdivisions
5 and 6.
new text end
deleted text begin (b)deleted text end new text begin (d) new text end The board may hire staff as necessary to support the board and the executive
director deleted text begin or interim executive directordeleted text end in performing their duties or the board may authorize
the executive director deleted text begin or interim executive directordeleted text end to hire staff.
Minnesota Statutes 2024, section 187.11, is amended to read:
(a) The board may enter into intergovernmental agreements with the commissioner of
revenue, the commissioner of labor and industry, new text begin the commissioner of employment and
economic development, new text end and any other state agency that the board deems necessary or
appropriate to provide outreach, technical assistance, or compliance services. An agency
that enters into an intergovernmental agreement with the board pursuant to this section must
collaborate and cooperate with the board to provide the outreach, technical assistance, or
compliance services under any such agreement.new text begin The board, executive director, and program
staff must maintain the privacy of data obtained under any intergovernmental agreement if
required under chapter 13.
new text end
new text begin
(b) For purposes of section 268.19, subdivision 1, paragraph (a), clause (20), "assisting
with communication with employers and to verify employer compliance with chapter 187"
means providing the executive director with at least the following information for employers,
to the extent available to the commissioner of employment and economic development:
new text end
new text begin
(1) federal employer identification number;
new text end
new text begin
(2) business name, address, mailing address, email address, and phone number;
new text end
new text begin
(3) number of employees; and
new text end
new text begin
(4) employer industry code.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end The commissioner of administration must provide office space in the Capitol
complex for the executive director and staff of the program.
new text begin
(a)
The board may assess penalties against a covered employer that fails to comply with section
187.07, subdivision 1 or 3 or both subdivisions 1 and 3, beginning with the second
anniversary of the date on which the covered employer was first required to comply with
section 187.07, subdivision 1 or 3, as applicable.
new text end
new text begin
(b) The board may assess the following penalties for a covered employer's failure to
comply with section 187.07, subdivision 1 or 3:
new text end
new text begin
(1) on the second anniversary, a penalty of $100 per covered employee, not to exceed
$4,000;
new text end
new text begin
(2) on the third anniversary, a penalty of $200 per covered employee, not to exceed
$6,000;
new text end
new text begin
(3) on the fourth anniversary, a penalty of $300 per covered employee; and
new text end
new text begin
(4) on each anniversary after the fourth anniversary, a penalty of $500 per covered
employee.
new text end
new text begin
(c) If the covered employer fails to comply with section 187.07, subdivisions 1 and 3,
the board must assess two times the penalties in paragraph (b).
new text end
new text begin
(d) The date on which a covered employer is first required to comply with section 187.07,
subdivision 1, is the following:
new text end
new text begin
(1) for paragraph (a), on or before the 30th day after the first day of employment of a
covered employee hired by the covered employer; and
new text end
new text begin
(2) for paragraph (b), on or before the 30th day after the end of the enrollment window
applicable to the covered employer.
new text end
new text begin
(e) The date on which a covered employer is first required to comply with section 187.07,
subdivision 3, is the following:
new text end
new text begin
(1) for paragraph (a), for a newly hired covered employee, no later than 14 days after
the covered employee's first day of employment; and
new text end
new text begin
(2) for paragraph (b), no later than the 14th day prior to the date of the first paycheck
from which employee contributions could be deducted for transmittal to the program.
new text end
new text begin
Before assessing a penalty under subdivision 1, the board
must provide the covered employer with a written notice informing the covered employer
of the amount of the penalty and that the penalty will not be assessed if:
new text end
new text begin
(1) the covered employer cures the violation no later than 30 days after the date of the
notice; or
new text end
new text begin
(2) the board waives the penalty at the request of the covered employer due to extenuating
circumstances.
new text end
new text begin
(a) If the executive director has reason to
believe, based on communication from a covered employee or another source, that a covered
employer has failed to comply with section 187.07, subdivision 2, by not remitting payroll
deduction contributions withheld from the paycheck of one or more covered employees
within 30 days after the deduction is withheld, the executive director must make a written
demand to the covered employer requiring the covered employer to immediately remit to
the program the withheld contributions plus interest at the annual rate specified in section
356.59, subdivision 2, for the period beginning with the tenth day after the contribution was
deducted from the covered employee's paycheck to the date the contribution is remitted to
the program.
new text end
new text begin
(b) Any covered employer that willfully and intentionally fails to remit a payroll deduction
contribution within ten days after demand from the executive director is guilty of a
misdemeanor.
new text end
new text begin
(c) If the executive director issues a written demand to a covered employer under
paragraph (a) for a second time, the executive director must assess a penalty of $250 for
each employee contribution withheld but not transmitted to the program.
new text end
new text begin
(a) A covered employee or the attorney general, upon referral
from the board, may bring a civil action against a covered employer for a failure to enroll
covered employees, distribute information, or remit contributions under section 187.07,
subdivisions 1 to 3. A covered employer who is found to have violated section 187.07,
subdivisions 1 to 3, is liable to the program for the civil penalties provided for in this section.
A covered employer who is found to have violated section 187.07, subdivisions 1 to 3, is
liable for compensatory damages and other appropriate relief including but not limited to
injunctive relief.
new text end
new text begin
(b) The attorney general, upon referral from the board, may bring a criminal action
against a covered employer for the willful and intentional failure to remit contributions
under section 187.07, subdivision 2.
new text end
new text begin
(c) An action brought under paragraph (a) or (b) may be filed in the district court of the
county in which a violation is alleged to have been committed, where the covered employer
resides or has a principal place of business, or any other court of competent jurisdiction.
new text end
new text begin
(d) In an action brought under paragraph (a) or (b), the court must order a covered
employer who is found to have committed a violation to pay to the program or covered
employee, as appropriate, reasonable costs, disbursements, witness fees, and attorney fees.
new text end
Minnesota Statutes 2024, section 268.19, subdivision 1, is amended to read:
(a) Except as provided by this section, data gathered from
any person under the administration of the Minnesota Unemployment Insurance Law are
private data on individuals or nonpublic data not on individuals as defined in section 13.02,
subdivisions 9 and 12, and may not be disclosed except according to a district court order
or section 13.05. A subpoena is not considered a district court order. These data may be
disseminated to and used by the following agencies without the consent of the subject of
the data:
(1) state and federal agencies specifically authorized access to the data by state or federal
law;
(2) any agency of any other state or any federal agency charged with the administration
of an unemployment insurance program;
(3) any agency responsible for the maintenance of a system of public employment offices
for the purpose of assisting individuals in obtaining employment;
(4) the public authority responsible for child support in Minnesota or any other state in
accordance with section 518A.83;
(5) human rights agencies within Minnesota that have enforcement powers;
(6) the Department of Revenue to the extent necessary for its duties under Minnesota
laws;
(7) public and private agencies responsible for administering publicly financed assistance
programs for the purpose of monitoring the eligibility of the program's recipients;
(8) the Department of Labor and Industry and the Commerce Fraud Bureau in the
Department of Commerce for uses consistent with the administration of their duties under
Minnesota law;
(9) the Department of Human Services and the Office of Inspector General and its agents
within the Department of Human Services, including county fraud investigators, for
investigations related to recipient or provider fraud and employees of providers when the
provider is suspected of committing public assistance fraud;
(10) the Department of Human Services for the purpose of evaluating medical assistance
services and supporting program improvement;
(11) local and state welfare agencies for monitoring the eligibility of the data subject
for assistance programs, or for any employment or training program administered by those
agencies, whether alone, in combination with another welfare agency, or in conjunction
with the department or to monitor and evaluate the statewide Minnesota family investment
program and other cash assistance programs, the Supplemental Nutrition Assistance Program,
and the Supplemental Nutrition Assistance Program Employment and Training program by
providing data on recipients and former recipients of Supplemental Nutrition Assistance
Program (SNAP) benefits, cash assistance under chapter 256, 256D, 256J, or 256K, child
care assistance under chapter 142E, or medical programs under chapter 256B or 256L or
formerly codified under chapter 256D;
(12) local and state welfare agencies for the purpose of identifying employment, wages,
and other information to assist in the collection of an overpayment debt in an assistance
program;
(13) local, state, and federal law enforcement agencies for the purpose of ascertaining
the last known address and employment location of an individual who is the subject of a
criminal investigation;
(14) the United States Immigration and Customs Enforcement has access to data on
specific individuals and specific employers provided the specific individual or specific
employer is the subject of an investigation by that agency;
(15) the Department of Health for the purposes of epidemiologic investigations;
(16) the Department of Corrections for the purposes of case planning and internal research
for preprobation, probation, and postprobation employment tracking of offenders sentenced
to probation and preconfinement and postconfinement employment tracking of committed
offenders;
(17) the state auditor to the extent necessary to conduct audits of job opportunity building
zones as required under section 469.3201;
(18) the Office of Higher Education for purposes of supporting program improvement,
system evaluation, and research initiatives including the Statewide Longitudinal Education
Data System; deleted text begin and
deleted text end
(19) the Family and Medical Benefits Division of the Department of Employment and
Economic Development to be used as necessary to administer chapter 268Bnew text begin ; and
new text end
new text begin (20) the executive director or interim executive director of the Minnesota Secure Choice
Retirement Program established under chapter 187 for the purposes of assisting with
communication with employers and to verify employer compliance with chapter 187new text end .
(b) Data on individuals and employers that are collected, maintained, or used by the
department in an investigation under section 268.182 are confidential as to data on individuals
and protected nonpublic data not on individuals as defined in section 13.02, subdivisions 3
and 13, and must not be disclosed except under statute or district court order or to a party
named in a criminal proceeding, administrative or judicial, for preparation of a defense.
(c) Data gathered by the department in the administration of the Minnesota unemployment
insurance program must not be made the subject or the basis for any suit in any civil
proceedings, administrative or judicial, unless the action is initiated by the department.
new text begin
Sections 1 to 16 are effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 353G.08, subdivision 1a, is amended to read:
(a) Annually, the executive
director shall determine the funding requirements of each deleted text begin monthly benefitdeleted text end new text begin fire department
new text end account in the deleted text begin statewide volunteer firefighterdeleted text end new text begin monthly division of the defined benefit new text end plan
on or before August 1.
(b) The executive director must determine the funding requirements of a deleted text begin monthly benefitdeleted text end
new text begin fire department new text end account under this subdivision from:
(1) the most recent actuarial valuation normal cost, administrative expense, including
the cost of a regular actuarial valuation, and amortization results for the account determined
by the approved actuary retained by the retirement association under sections 356.215 and
356.216; and
(2) the standards for actuarial work, utilizing a six percent investment return actuarial
assumption deleted text begin anddeleted text end new text begin ,new text end other actuarial assumptions approved under section 356.215, subdivision
18deleted text begin :deleted text end new text begin , and the amortization periods specified in section 356.215, subdivision 11.
new text end
deleted text begin
(i) with that portion of any unfunded actuarial accrued liability attributable to a benefit
deleted text end
deleted text begin
increase to be amortized over a period of 20 years from the date of the benefit change;
deleted text end
deleted text begin
(ii) with that portion of any unfunded actuarial accrued liability attributable to an
deleted text end
deleted text begin
assumption change or an actuarial method change to be amortized over a period of 20 years
deleted text end
deleted text begin
from the date of the assumption or method change;
deleted text end
deleted text begin
(iii) with that portion of any unfunded actuarial accrued liability attributable to an
deleted text end
deleted text begin
investment loss to be amortized over a period of ten years from the date of investment loss;
deleted text end
deleted text begin
and
deleted text end
deleted text begin
(iv) with the balance of any net unfunded actuarial accrued liability to be amortized over
deleted text end
deleted text begin
a period of five years from the date of the actuarial valuation.
deleted text end
(c) The required contributions of the entity or entities associated with the fire department
whose active firefighters are covered by the monthly division are the annual financial
requirements of the deleted text begin monthly benefitdeleted text end new text begin fire department new text end account deleted text begin of the plandeleted text end under paragraph
(b) reduced by the amount of any fire state aid payable under chapter 477B, or any police
and firefighter retirement supplemental state aid payable under section 423A.022, that is
reasonably anticipated to be received by the plan attributable to the entity or entities during
the following calendar year. The required contribution must be allocated between the entities
if more than one entity is involved. A reasonable amount of anticipated fire state aid is an
amount that does not exceed the fire state aid actually received in the prior year multiplied
by the factor 1.035.
(d) The required contribution calculated in paragraph (c) must be paid to the plan on or
before December 31 of the year for which it was calculated. If the contribution is not received
by the plan by December 31, it is payable with interest at an annual compound rate of six
percent from the date due until the date payment is received by the plan. If the entity does
not pay the full amount of the required contribution, the executive director shall collect the
unpaid amount under section 353.28, subdivision 6.
new text begin
This section is effective the day following final enactment, except
the amendment to paragraph (b), clause (2), is effective beginning with actuarial valuations
on or after July 1, 2025.
new text end
Minnesota Statutes 2024, section 356.215, subdivision 1, is amended to read:
(a) For the purposes of sections 3.85 and 356.20 to 356.23,
each of the terms in the following paragraphs has the meaning given.
(b) "Actuarial valuation" means a set of calculations prepared by an actuary retained
under section 356.214 if so required under section 3.85, or otherwise, by an approved
actuary, to determine the normal cost and the accrued actuarial liabilities of a benefit plan,
according to the entry age actuarial cost method and based upon stated assumptions including,
but not limited to rates of interest, mortality, salary increase, disability, withdrawal, and
retirement and to determine the payment necessary to amortize over a stated period any
unfunded accrued actuarial liability disclosed as a result of the actuarial valuation of the
benefit plan.
(c) "Approved actuary" means:
(1) a person who is regularly engaged in the business of providing actuarial services and
who is a fellow in the Society of Actuaries; or
(2) a firm that retains a person described in clause (1) on its staff.
(d) "Entry age actuarial cost method" means an actuarial cost method under which the
actuarial present value of the projected benefits of each individual currently covered by the
benefit plan and included in the actuarial valuation is allocated on a level basis over the
service of the individual, if the benefit plan is governed by section 424A.093, or over the
earnings of the individual, if the benefit plan is governed by any other law, between the
entry age and the assumed exit age, with the portion of the actuarial present value which is
allocated to the valuation year to be the normal cost and the portion of the actuarial present
value not provided for at the valuation date by the actuarial present value of future normal
costs to be the actuarial accrued liability, with aggregation in the calculation process to be
the sum of the calculated result for each covered individual and with recognition given to
any different benefit formulas which may apply to various periods of service.
(e) "Experience study" means a report providing experience data and an actuarial analysis
of the adequacy of the actuarial assumptions on which actuarial valuations are based.
(f) "Actuarial value of assets" means the market value of all assets as of the preceding
June 30, reduced by:
(1) 20 percent of the difference between the actual net change in the market value of
total assets between the June 30 that occurred three years earlier and the June 30 that occurred
four years earlier and the computed increase in the market value of total assets over that
fiscal year period if the assets had earned a rate of return on assets equal to the annual
percentage investment return assumption used in the actuarial valuation for the July 1 that
occurred four years earlier;
(2) 40 percent of the difference between the actual net change in the market value of
total assets between the June 30 that occurred two years earlier and the June 30 that occurred
three years earlier and the computed increase in the market value of total assets over that
fiscal year period if the assets had earned a rate of return on assets equal to the annual
percentage investment return assumption used in the actuarial valuation for the July 1 that
occurred three years earlier;
(3) 60 percent of the difference between the actual net change in the market value of
total assets between the June 30 that occurred one year earlier and the June 30 that occurred
two years earlier and the computed increase in the market value of total assets over that
fiscal year period if the assets had earned a rate of return on assets equal to the annual
percentage investment return assumption used in the actuarial valuation for the July 1 that
occurred two years earlier; and
(4) 80 percent of the difference between the actual net change in the market value of
total assets between the most recent June 30 and the June 30 that occurred one year earlier
and the computed increase in the market value of total assets over that fiscal year period if
the assets had earned a rate of return on assets equal to the annual percentage investment
return assumption used in the actuarial valuation for the July 1 that occurred one year earlier.
(g) "Unfunded actuarial accrued liability" means the total current and expected future
benefit obligations, reduced by the sum of the actuarial value of assets and the present value
of future normal costs.
deleted text begin
(h) "Pension benefit obligation" means the actuarial present value of credited projected
benefits, determined as the actuarial present value of benefits estimated to be payable in the
future as a result of employee service attributing an equal benefit amount, including the
effect of projected salary increases and any step rate benefit accrual rate differences, to each
year of credited and expected future employee service.
deleted text end
new text begin
(h) "Standards for actuarial work" means the document required under section 3.85,
subdivision 10, to be adopted by the Legislative Commission on Pensions and Retirement
as so adopted and amended from time to time.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 356.215, subdivision 4, is amended to read:
(a) The actuarial valuation must be made in
conformity with the requirements of the definition contained in subdivision 1 and the deleted text begin most
recentdeleted text end standards for actuarial workdeleted text begin adopted by the Legislative Commission on Pensions
and Retirementdeleted text end .
(b) The actuarial valuation must measure all aspects of the benefit plan of the fund in
accordance with changes in benefit plans, if any, and salaries reasonably anticipated to be
in force during the ensuing fiscal year. The actuarial valuation must be prepared in accordance
with the entry age actuarial cost method. The actuarial valuation required under this section
must include the information required in subdivisions 5 to 15.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 356.215, subdivision 8, is amended to read:
(a) The actuarial valuation must use the applicable
following investment return assumption:
| plan |
investment return assumption |
|
| general state employees retirement plan |
7% |
|
| correctional state employees retirement plan |
7 |
|
| State Patrol retirement plan |
7 |
|
| legislators retirement plan, and for the constitutional officers calculation of total plan liabilities |
0 |
|
| judges retirement plan |
7 |
|
| general public employees retirement plan |
7 |
|
| public employees police and fire retirement plan |
7 |
|
| local government correctional service retirement plan |
7 |
|
| teachers retirement plan |
7 |
|
| St. Paul teachers retirement plan |
7 |
|
| Bloomington Fire Department Relief Association |
6 |
|
| local monthly benefit volunteer firefighter relief associations |
5 |
|
| monthly benefit retirement plans in the statewide volunteer firefighter retirement plan |
6 |
(b) The actuarial valuation for each of the covered retirement plans listed in section
356.415, subdivision 2, and the St. Paul Teachers Retirement Fund Association must take
into account the postretirement adjustment rate or rates applicable to the plan as specified
in section 354A.29, subdivision 7, or 356.415, whichever applies.
(c) The actuarial valuation must use the applicable salary increase and payroll growth
assumptions found in the appendix to the standards for actuarial workdeleted text begin adopted by the
Legislative Commission on Pensions and Retirement pursuant to section 3.85, subdivision
10deleted text end . The appendix must be updated whenever new assumptions have been approved or
deemed approved under subdivision 18.
(d) The assumptions set forth in the appendix to the standards for actuarial work continue
to apply, unless a different salary assumption or a different payroll increase assumption:
(1) has been proposed by the governing board of the applicable retirement plan;
(2) is accompanied by the concurring recommendation of the actuary retained under
section 356.214, subdivision 1, if applicable, or by the approved actuary preparing the most
recent actuarial valuation report if section 356.214 does not apply; and
(3) has been approved or deemed approved under subdivision 18.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 356.215, subdivision 11, is amended to read:
(a) deleted text begin In addition to the exhibit indicating the level
normal cost,deleted text end The actuarial valuation of deleted text begin the retirementdeleted text end new text begin each pension new text end plan new text begin listed in subdivision
8, paragraph (a), other than the legislators retirement plan, the Bloomington Fire Department
Relief Association, and the local monthly benefit volunteer firefighter relief associations,
new text end must contain an exhibit deleted text begin for financial reporting purposesdeleted text end indicating the additional annual
contribution sufficient to amortize new text begin on a level percent of payroll basis new text end the unfunded actuarial
accrued liability deleted text begin and must contain an exhibit indicating the additional contribution sufficient
to amortize the unfunded actuarial accrued liability. For the retirement plans listed in
subdivision 8, paragraph (a), but excluding the legislators retirement plan, the Bloomington
Fire Department Relief Association, and the local monthly benefit volunteer firefighter
relief associations, the additional contribution must be calculated on a level percentage of
covered payroll basis by the established date for full funding in effect when the valuation
is prepared, assuming annual payroll growth at the applicable percentage rate set forth in
the appendix described in subdivision 8, paragraph (c). For the legislators retirement plan,
the additional annual contribution must be calculated on a level annual dollar amount basis.deleted text end new text begin
resulting from any of the following changes, over the period specified for that change, except
that the pension plan's unfunded actuarial accrued liability as of July 1, 2024, must be
amortized over a period that ends June 30, 2048:
new text end
new text begin
(1) experience gain or loss: 15 years;
new text end
new text begin
(2) assumption or method change: 20 years;
new text end
new text begin
(3) benefit change for active members: 15 years;
new text end
new text begin
(4) long-term benefit change for inactive members: 15 years;
new text end
new text begin
(5) short-term benefit change for inactive members: the number of years during which
the benefit change will be in effect; and
new text end
new text begin
(6) an annual contribution that is more or less than the actuarially determined contribution:
15 years.
new text end
new text begin
(b) The amortization periods specified in paragraph (a) apply:
new text end
new text begin
(1) unless the standards for actuarial work state otherwise;
new text end
new text begin
(2) except that, for the legislators retirement plan, the additional annual contribution
sufficient to amortize the unfunded actuarial accrued liability must be calculated on a level
dollar basis with an amortization period of one year; and
new text end
new text begin
(3) except that, for the State Patrol retirement plan, the public employees police and fire
retirement plan, and the Teachers Retirement Association, the unfunded actuarial accrued
liability resulting from benefit increases enacted in 2025 must be amortized over a period
that ends June 30, 2048.
new text end
deleted text begin
(b) This paragraph applies only if the calculation under this paragraph for a retirement
plan results in an established date for full funding that is earlier than the established date
for full funding applicable to the retirement plan under paragraph (c). For any retirement
plan, if there has been a change in any or all of the actuarial assumptions used for calculating
the actuarial accrued liability of the fund, a change in the benefit plan governing annuities
and benefits payable from the fund, a change in the actuarial cost method used in calculating
the actuarial accrued liability of all or a portion of the fund, or a combination of the three,
and the change or changes, by itself or by themselves and without inclusion of any other
items of increase or decrease, produce a net increase in the unfunded actuarial accrued
liability in the fund, the established date for full funding must be determined using the
following procedure:
deleted text end
deleted text begin
(i) the unfunded actuarial accrued liability of the fund must be determined in accordance
with the plan provisions governing annuities and retirement benefits and the actuarial
assumptions in effect before an applicable change;
deleted text end
deleted text begin
(ii) the level annual dollar contribution or level percentage, whichever is applicable,
needed to amortize the unfunded actuarial accrued liability amount determined under item
(i) by the established date for full funding in effect before the change must be calculated
using the investment return assumption specified in subdivision 8 in effect before the change;
deleted text end
deleted text begin
(iii) the unfunded actuarial accrued liability of the fund must be determined in accordance
with any new plan provisions governing annuities and benefits payable from the fund and
any new actuarial assumptions and the remaining plan provisions governing annuities and
benefits payable from the fund and actuarial assumptions in effect before the change;
deleted text end
deleted text begin
(iv) the level annual dollar contribution or level percentage, whichever is applicable,
needed to amortize the difference between the unfunded actuarial accrued liability amount
calculated under item (i) and the unfunded actuarial accrued liability amount calculated
under item (iii) over a period of 30 years from the end of the plan year in which the applicable
change is effective must be calculated using the applicable investment return assumption
specified in subdivision 8 in effect after any applicable change;
deleted text end
deleted text begin
(v) the level annual dollar or level percentage amortization contribution under item (iv)
must be added to the level annual dollar amortization contribution or level percentage
calculated under item (ii);
deleted text end
deleted text begin
(vi) the period in which the unfunded actuarial accrued liability amount determined in
item (iii) is amortized by the total level annual dollar or level percentage amortization
contribution computed under item (v) must be calculated using the investment return
assumption specified in subdivision 8 in effect after any applicable change, rounded to the
nearest integral number of years, but not to exceed 30 years from the end of the plan year
in which the determination of the established date for full funding using the procedure set
forth in this clause is made and not to be less than the period of years beginning in the plan
year in which the determination of the established date for full funding using the procedure
set forth in this clause is made and ending by the date for full funding in effect before the
change; and
deleted text end
deleted text begin
(vii) the period determined under item (vi) must be added to the date as of which the
actuarial valuation was prepared and the date obtained is the new established date for full
funding.
deleted text end
deleted text begin
(c) The established date for full funding is the date provided for each of the following
plans:
deleted text end
deleted text begin
(i) for the general employees retirement plan of the Public Employees Retirement
Association, the established date for full funding is June 30, 2048;
deleted text end
deleted text begin
(ii) for the Teachers Retirement Association, the established date for full funding is June
30, 2048;
deleted text end
deleted text begin
(iii) for the correctional state employees retirement plan and the State Patrol retirement
plan of the Minnesota State Retirement System, the established date for full funding is June
30, 2048;
deleted text end
deleted text begin
(iv) for the judges retirement plan, the established date for full funding is June 30, 2048;
deleted text end
deleted text begin
(v) for the local government correctional service retirement plan and the public employees
police and fire retirement plan, the established date for full funding is June 30, 2048;
deleted text end
deleted text begin
(vi) for the St. Paul Teachers Retirement Fund Association, the established date for full
funding is June 30, 2048; and
deleted text end
deleted text begin
(vii) for the general state employees retirement plan of the Minnesota State Retirement
System, the established date for full funding is June 30, 2048.
deleted text end
deleted text begin
(d) For the retirement plans for which the annual actuarial valuation indicates an excess
of valuation assets over the actuarial accrued liability, the valuation assets in excess of the
actuarial accrued liability must be recognized as a reduction in the current contribution
requirements by an amount equal to the amortization of the excess expressed as a level
percentage of pay over a 30-year period beginning anew with each annual actuarial valuation
of the plan.
deleted text end
new text begin
This section is effective beginning with the July 1, 2025, actuarial
valuations.
new text end
Minnesota Statutes 2024, section 356.215, subdivision 17, is amended to read:
(a) The actuarial valuation or
quadrennial experience study must be made and any actuarial consulting services for a
retirement fund or plan must be provided by an approved actuary. The actuarial valuation
or quadrennial experience study must include a signed written declaration that it has been
prepared according to sections 356.20 to 356.23 and according to the deleted text begin most recentdeleted text end standards
for actuarial workdeleted text begin adopted by the Legislative Commission on Pensions and Retirementdeleted text end .
(b) Actuarial valuations or experience studies prepared by an approved actuary retained
by a retirement fund or plan must be submitted to the Legislative Commission on Pensions
and Retirement within ten days of the submission of the document to the retirement fund
or plan.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 356.636, subdivision 2, is amended to read:
(a) The executive director of a pension fund may correct
an deleted text begin operational, demographic, or employer or employee eligibilitydeleted text end errordeleted text begin ,deleted text end new text begin made by a pension
fundnew text end or an error in a plan document that is not a statute if the executive director determines
that correction is necessary or appropriate to preserve and protect the tax qualification of
any pension or retirement plan listed in section 356.611, subdivision 6, that is deleted text begin part ofdeleted text end new text begin
administered bynew text end the pension fund. The method of correction must comply with the Internal
Revenue Service Employee Plans Compliance Resolution System (EPCRS) or any successor
thereto, if the EPCRS addresses the error and correction.
(b) To the extent deemed necessary by the executive director to implement correction,
the executive director may:
(1) make distributions;
(2) transfer assets;
(3) recover an overpayment by reducing future benefit payments or designating
appropriate revenue or source of funding that will restore to the plan the amount of the
overpayment; or
(4) take any other action that will restore the plan and any affected member or participant
to the position the plan, member, or participant would have been in had the error not occurred.
(c) An executive director may correct an error under paragraph (a) or (b) without regard
to any statute that imposes a time limitation on making such correction.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 356.636, subdivision 3, is amended to read:
new text begin (a) new text end The executive director of each pension fund must new text begin submit
a new text end report annuallydeleted text begin , no later than each February 1,deleted text end to the chair and executive director of the
Legislative Commission on Pensions and Retirement deleted text begin on whether the executive director of
the pension fund corrected any operational, demographic, employer or employee eligibility,deleted text end new text begin
no later than each February 1. The report must describe each errornew text end or plan document error
new text begin corrected under subdivision 2 new text end during the preceding calendar yeardeleted text begin .deleted text end new text begin , other than:
new text end
new text begin
(1) an error corrected in the ordinary course of business; and
new text end
new text begin
(2) correction authorized by current law, including but not limited to correction authorized
under sections 352.04, 353.27, 354.42, 356.401, and 356.637.
new text end
new text begin (b) new text end The report must describe the error, the pension or retirement plan affected by the
error, the method of correction, and the cost, if any, to the pension or retirement plan,
employee, or employer of the error and correction.
new text begin
(c) An error is corrected in the ordinary course of business if it is a correction or
cancellation of an overpayment or an adjustment of an ongoing annuity amount.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 356.415, subdivision 1c, is amended to read:
(a) Retirement annuity, disability benefit, or survivor benefit
recipients of the public employees police and fire retirement plan are entitled to an annual
postretirement adjustment, effective as of each January 1, as follows:
(1) for each annuitant or benefit recipient who will have been receiving an annuity or
benefit for at least deleted text begin 36deleted text end new text begin 24new text end full months as of the immediate preceding June 30, a postretirement
increase of one percent must be applied each year to the amount of the monthly annuity or
benefit of the annuitant or benefit recipient; or
(2) for each annuitant or benefit recipient who has been receiving the annuity or benefit
for at least deleted text begin 25deleted text end new text begin 13new text end full months, but less than deleted text begin 36deleted text end new text begin 24new text end months as of the immediate preceding
June 30, a postretirement increase of 1/12 of one percent for each full month that the person
has been receiving an annuity or benefit during the fiscal year in which the annuity or benefit
was effective must be applied each year to the amount of the monthly annuity or benefit of
the annuitant or benefit recipient.
(b) An increase in annuity or benefit payments under this section must be made
automatically unless written notice is filed by the annuitant or benefit recipient with the
executive director of the Public Employees Retirement Association requesting that the
increase not be made.
new text begin
This section is effective for postretirement adjustments beginning
on or after January 1, 2026.
new text end
Minnesota Statutes 2024, section 356.415, subdivision 1e, is amended to read:
(a)
Retirement annuity, disability benefit, or survivor benefit recipients of the State Patrol
retirement plan are entitled to an annual postretirement adjustment, effective as of each
January 1, as follows:
(1) a postretirement increase of deleted text begin onedeleted text end new text begin 1.25 new text end percent must be applied each year to the monthly
annuity or benefit of each annuitant or benefit recipient who has been receiving an annuity
or a benefit for at least 12 full months as of the June 30 of the calendar year immediately
before the adjustment; and
(2) for each annuitant or benefit recipient who has been receiving an annuity or a benefit
for at least one full month, but less than 12 full months as of the June 30 of the calendar
year immediately before the adjustment, an annual postretirement increase of 1/12 of deleted text begin onedeleted text end
new text begin 1.25 new text end percent for each month that the person has been receiving an annuity or benefit must
be applied to the amount of the monthly annuity or benefit of each annuitant or benefit
recipient.
(b) An increase in annuity or benefit payments under this subdivision must be made
automatically unless written notice is filed by the annuitant or benefit recipient with the
executive director of the deleted text begin applicable covereddeleted text end new text begin Minnesota State new text end Retirement deleted text begin plandeleted text end new text begin System
new text end requesting that the increase not be made.
new text begin
This section is effective for postretirement adjustments beginning
on or after January 1, 2026.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section 356.415, subdivision 1c, the
postretirement adjustment for the year beginning January 1, 2026, and ending December
31, 2026, is three percent for eligible recipients of a retirement annuity, disability benefit,
or survivor benefit from the public employees police and fire retirement plan.
new text end
new text begin
(b) A recipient is an eligible recipient if:
new text end
new text begin
(1) the recipient's annuity or benefit is attributable to service as a member of the public
employees police and fire plan; and
new text end
new text begin
(2) the recipient has received monthly benefits for at least 12 full months as of December
31, 2025.
new text end
new text begin
This section is effective for the postretirement adjustment on
January 1, 2026.
new text end
new text begin
The commissioner of management and budget must transfer
$2,300,000 annually from the general fund to the State Patrol retirement fund on or before
October 1, 2025, and October 1 of each year thereafter.
new text end
new text begin
The aid under subdivision 1 expires July 1, 2048.
new text end
Minnesota Statutes 2024, section 353.65, subdivision 3b, is amended to read:
(a) The state must pay $4,500,000 on October 1, 2018, and
October 1, 2019, to the public employees police and fire retirement plan. By October 1 of
each year after 2019, the state must pay $9,000,000 to the public employees police and fire
retirement plan.
new text begin
(b) By October 1 of each year after 2024, the state must pay $17,700,000 to the public
employees police and fire retirement plan.
new text end
new text begin (c)new text end The commissioner of management and budget must pay the aid specified in this
subdivision. The amount required is annually appropriated from the general fund to the
commissioner of management and budget.
deleted text begin (b)deleted text end new text begin (d)new text end The aid under paragraph (a) continues until the earlier of:
(1) the first day of the fiscal year following three consecutive fiscal years in which, for
each fiscal year, the actuarial value of assets of the fund equals or exceeds 100 percent of
the actuarial accrued liabilities as reported by the actuary retained under section 356.214
in the annual actuarial valuation prepared under section 356.215; or
(2) July 1, 2048.
new text begin
(e) The aid under paragraph (b) expires July 1, 2048.
new text end
new text begin
Sections 1 and 2 are effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 126C.10, subdivision 37, is amended to read:
(a) A school district's pension adjustment
revenue equals the sum of:
(1) the greater of zero or the product of:
(i) the difference between the district's adjustment under Minnesota Statutes 2012, section
127A.50, subdivision 1, for fiscal year 2014 per adjusted pupil unit and the state average
adjustment under Minnesota Statutes 2012, section 127A.50, subdivision 1, for fiscal year
2014 per adjusted pupil unit; and
(ii) the district's adjusted pupil units for the fiscal year; and
(2) the product of the salaries paid to district employees who were members of the
Teachers Retirement Association and the St. Paul Teachers' Retirement Fund Association
for the prior fiscal year and the district's pension adjustment rate for the fiscal year. The
pension adjustment rate for Independent School District No. 625, St. Paul, equals 2.3 percent
for fiscal year 2023, 2.5 percent for fiscal year 2024 and fiscal year 2025, and 3.25 percent
for fiscal year 2026 and later. The pension adjustment rate for all other districts equals deleted text begin 1.05
percent for fiscal year 2023,deleted text end 1.25 percent for deleted text begin fiscal year 2024 anddeleted text end fiscal year 2025deleted text begin ,deleted text end and deleted text begin 2.0deleted text end new text begin
2.31new text end percent for fiscal year 2026 and later.
(b) For fiscal year 2025, the state total pension adjustment revenue under paragraph (a),
clause (2), must not exceed the amount calculated under paragraph (a), clause (2), for fiscal
year 2024. The commissioner must prorate the pension adjustment revenue under paragraph
(a), clause (2), so as not to exceed the maximum.
(c) For fiscal year 2026 and fiscal year 2027, the state total pension adjustment revenue
under paragraph (a), clause (2), must not be prorated.
(d) For fiscal year 2028 and later, the state total pension adjustment revenue under
paragraph (a), clause (2), must not exceed the amount calculated under paragraph (a), clause
(2), for fiscal year 2027. The commissioner must prorate the pension adjustment revenue
under paragraph (a), clause (2), so as not to exceed the maximum.
(e) Notwithstanding section 123A.26, subdivision 1, a cooperative unit, as defined in
section 123A.24, subdivision 2, qualifies for pension adjustment revenue under paragraph
(a), clause (2), as if it was a district, and the aid generated by the cooperative unit shall be
paid to the cooperative unit.
new text begin
This section is effective for revenue in fiscal years 2026 and later.
new text end
Minnesota Statutes 2024, section 354.42, subdivision 3, is amended to read:
(a) The regular employer contribution to the fund by Special School
District No. 1, Minneapolis, is an amount equal to the applicable following percentage of
salary of each coordinated member and the applicable percentage of salary of each basic
member specified in paragraph (c).
The additional employer contribution to the fund by Special School District No. 1,
Minneapolis, is an amount equal to 3.64 percent of the salary of each teacher who is a
coordinated member or who is a basic member.
(b) The regular employer contribution to the fund by Independent School District No.
709, Duluth, is an amount equal to the applicable percentage of salary of each old law or
new law coordinated member specified for the coordinated program in paragraph (c).
(c) The employer contribution to the fund for every other employer is an amount equal
to deleted text begin the applicable following percentagedeleted text end new text begin 9.81 percentnew text end of the salary of each coordinated member
and deleted text begin the applicable following percentagedeleted text end new text begin 13.81 percentnew text end of the salary of each basic memberdeleted text begin :deleted text end new text begin .
new text end
|
deleted text begin
Period deleted text end |
deleted text begin
Coordinated Member deleted text end |
deleted text begin
Basic Member deleted text end |
|||
|
deleted text begin
from July 1, 2022, through June 30, 2023 deleted text end |
deleted text begin
8.55 percent deleted text end |
deleted text begin
12.55 percent deleted text end |
|||
|
deleted text begin
from July 1, 2023, through June 30, 2025 deleted text end |
deleted text begin
8.75 percent deleted text end |
deleted text begin
12.75 percent deleted text end |
|||
|
deleted text begin
after June 30, 2025 deleted text end |
deleted text begin
9.5 percent deleted text end |
deleted text begin
13.5 percent deleted text end |
|||
(d) When an employer contribution rate changes for a fiscal year, the new contribution
rate is effective for the entire salary paid for each employer unit with the first payroll cycle
reported.
new text begin
This section is effective June 30, 2025.
new text end
Minnesota Statutes 2024, section 354.44, subdivision 6, is amended to read:
(a) The formula
retirement annuity must be computed in accordance with the applicable provisions of the
formulas stated in paragraph (b) or (d) on the basis of each member's average salary under
section 354.05, subdivision 13a, for the period of the member's formula service credit.
(b) This paragraph, in conjunction with paragraph (c), applies to a person who first
became a member of the association or a member of a pension fund listed in section 356.30,
subdivision 3, before July 1, 1989, unless paragraph (d), in conjunction with paragraph (e),
produces a higher annuity amount, in which case paragraph (d) applies. The average salary
as defined in section 354.05, subdivision 13a, multiplied by the following percentages per
year of formula service credit shall determine the amount of the annuity to which the member
qualifying therefor is entitled for service rendered before July 1, 2006:
| Period |
Coordinated Member |
Basic Member |
|||
| Each year of service during first ten |
1.2 percent per year |
2.2 percent per year |
|||
| Each year of service thereafter |
1.7 percent per year |
2.7 percent per year |
For service rendered on or after July 1, 2006, by a member other than a member who
was a member of the former Duluth Teachers Retirement Fund Association between January
1, 2006, and June 30, 2015, and for service rendered on or after July 1, 2013, by a member
who was a member of the former Duluth Teachers Retirement Fund Association between
January 1, 2013, and June 30, 2015, the average salary as defined in section 354.05,
subdivision 13a, multiplied by the following percentages per year of service credit, determines
the amount the annuity to which the member qualifying therefor is entitled:
| Period |
Coordinated Member |
Basic Member |
|||
| Each year of service during first ten |
1.4 percent per year |
2.2 percent per year |
|||
| Each year of service after ten years of service |
1.9 percent per year |
2.7 percent per year |
(c)(1) This paragraph applies only to a person who first became a member of the
association or a member of a pension fund listed in section 356.30, subdivision 3, before
July 1, 1989, and whose annuity is higher when calculated under paragraph (b), in conjunction
with this paragraph than when calculated under paragraph (d), in conjunction with paragraph
(e).
(2) Where any member retires prior to normal retirement age under a formula annuity,
the member shall be paid a retirement annuity in an amount equal to the normal annuity
provided in paragraph (b) reduced by one-quarter of one percent for each month that the
member is under normal retirement age at the time of retirement except that for any member
who has 30 or more years of allowable service credit, the reduction shall be applied only
for each month that the member is under age 62.
(3) Any member whose attained age plus credited allowable service totals 90 years is
entitled, upon application, to a retirement annuity in an amount equal to the normal annuity
provided in paragraph (b), without any reduction by reason of early retirement.
(d) This paragraph applies to a member who has become at least 55 years old and first
became a member of the association after June 30, 1989, and to any other member who has
become at least 55 years old and whose annuity amount when calculated under this paragraph
and in conjunction with paragraph (e), is higher than it is when calculated under paragraph
(b), in conjunction with paragraph (c).
(1) For a basic member, the average salary, as defined in section 354.05, subdivision
13a, multiplied by 2.7 percent for each year of service for a basic member determines the
amount of the retirement annuity to which the basic member is entitled. The annuity of a
basic member who was a member of the former Minneapolis Teachers Retirement Fund
Association as of June 30, 2006, must be determined according to the annuity formula under
the articles of incorporation of the former Minneapolis Teachers Retirement Fund Association
in effect as of that date.
(2) For a coordinated member, the average salary, as defined in section 354.05,
subdivision 13a, multiplied by 1.7 percent for each year of service rendered before July 1,
2006, and by 1.9 percent for each year of service rendered on or after July 1, 2006, for a
member other than a member who was a member of the former Duluth Teachers Retirement
Fund Association between January 1, 2006, and June 30, 2015, and by 1.9 percent for each
year of service rendered on or after July 1, 2013, for a member of the former Duluth Teachers
Retirement Fund Association between January 1, 2013, and June 30, 2015, determines the
amount of the retirement annuity to which the coordinated member is entitled.
(e) This paragraph applies to a person who has become at least 55 years old and first
becomes a member of the association after June 30, 1989, and to any other member who
has become at least 55 years old and whose annuity is higher when calculated under
paragraph (d) in conjunction with this paragraph than when calculated under paragraph (b)
in conjunction with paragraph (c). An employee who retires under the formula annuity
before the normal retirement age is entitled to receive deleted text begin the normaldeleted text end new text begin annew text end annuity deleted text begin provided in
paragraph (d), reduced as described indeleted text end new text begin undernew text end clause (1) or (2), as applicable.
(1) For a member who is at least age deleted text begin 62deleted text end new text begin 60new text end and has at least 30 years of service, the
annuity deleted text begin shall bedeleted text end new text begin is the normal annuity provided in paragraph (d)new text end reduced by an early reduction
factor of deleted text begin sixdeleted text end new text begin fivenew text end percent for each year that the member's age of retirement precedes the
normal retirement age. The resulting reduced annuity shall be further adjusted to take into
account the increase in the monthly amount that would have occurred had the member
retired early and deferred receipt of the annuity until normal retirement age and the annuity
was augmented during the deferral period at 2.5 percent, if the member commenced
employment after June 30, 2006, or at three percent, if the member commenced employment
before July 1, 2006, compounded annually.
(2) For a member who has not attained age deleted text begin 62deleted text end new text begin 60new text end or has fewer than 30 years of service,
the annuity deleted text begin shall bedeleted text end new text begin is the normal annuity provided in paragraph (d)new text end reduced for each year
that the member's age of retirement precedes normal retirement age by the following early
reduction factors:
(i) for the period during which the member is age 55 through age 58, the factor is four
percent; and
(ii) for the period during which the member is at least age 59 but not yet normal retirement
age, the factor is seven percent.
The resulting annuity shall be further adjusted to take into account the increase in the
monthly amount that would have occurred had the member retired early and deferred receipt
of the annuity until normal retirement age and the annuity was augmented during the deferral
period at the applicable annual rate, compounded annually. The applicable annual rate is
the rate in effect for the month that includes the member's effective date of retirement and
deleted text begin shalldeleted text end new text begin mustnew text end be considered as fixed for the member for the period until the member reaches
normal retirement age. The applicable annual rate for June 2019 is 2.5 percent, if the member
commenced employment after June 30, 2006, or three percent, if the member commenced
employment before July 1, 2006, compounded annually, and decreases each month beginning
July 2019 in equal monthly increments over the five-year period that begins July 1, 2019,
and ends June 30, 2024, to zero percent effective for July 2024 and thereafter.
After June 30, 2024, the reduced annuity commencing before normal retirement age
under this clause shall not take into account any augmentation.
(f) No retirement annuity is payable to a former employee with a salary that exceeds 95
percent of the governor's salary unless and until the salary figures used in computing the
highest five successive years average salary under paragraph (a) have been audited by the
Teachers Retirement Association and determined by the executive director to comply with
the requirements and limitations of section 354.05, subdivisions 35 and 35a.
new text begin
This section is effective June 30, 2025.
new text end
Minnesota Statutes 2024, section 356.415, subdivision 1d, is amended to read:
(a) Except as set forth in paragraph (d), recipients of
a retirement annuity, disability benefit, or survivor benefit from the Teachers Retirement
Association are entitled to an annual postretirement adjustment, effective as of each January
1, as follows:
deleted text begin
(1) effective January 1, 2019, through December 31, 2023, a postretirement increase of
one percent must be applied each year to the amount of the monthly annuity or benefit of
each annuitant or benefit recipient who has been receiving an annuity or a benefit for at
least 12 full months as of the June 30 of the calendar year immediately before the adjustment;
deleted text end
deleted text begin
(2) effective January 1, 2019, through December 31, 2023, for each annuitant or benefit
recipient who has been receiving an annuity or a benefit for at least one full month, but less
than 12 full months as of the June 30 of the calendar year immediately before the adjustment,
a postretirement increase of 1/12 of one percent for each month the person has been receiving
an annuity or benefit must be applied to the amount of the monthly annuity or benefit of
the annuitant or benefit recipient;
deleted text end
deleted text begin (3) effective January 1, 2024, and thereafter,deleted text end new text begin (1)new text end a postretirement increase must be applied
each year to the amount of the monthly annuity or benefit of each annuitant or benefit
recipient who has been receiving an annuity or a benefit for at least 12 full months as of the
June 30 of the calendar year immediately before the adjustment, at the following rates:
| from January 1, 2024, through December 31, 2024 |
1.1 percent |
|
| from January 1, 2025, through December 31, 2025 |
1.2 percent |
|
| from January 1, 2026, through December 31, 2026 |
1.3 percent |
|
| from January 1, 2027, through December 31, 2027 |
1.4 percent |
|
| from January 1, 2028, and thereafter |
1.5 percent |
deleted text begin (4) effective January 1, 2024, and thereafter,deleted text end new text begin (2)new text end for each annuitant or benefit recipient
who has been receiving an annuity or a benefit for at least one full month, but less than 12
full months, as of the June 30 of the calendar year immediately before the adjustment, an
annual postretirement increase of 1/12 of the applicable percentage for each month that the
person has been receiving an annuity or benefit must be applied to the amount of the monthly
annuity or benefit of the annuitant or benefit recipient. The applicable percentages are the
following:
| from January 1, 2024, through December 31, 2024 |
1.1 percent |
|
| from January 1, 2025, through December 31, 2025 |
1.2 percent |
|
| from January 1, 2026, through December 31, 2026 |
1.3 percent |
|
| from January 1, 2027, through December 31, 2027 |
1.4 percent |
|
| from January 1, 2028, and thereafter |
1.5 percent |
(b) An increase in annuity or benefit payments under this section must be made
automatically unless written notice is filed by the annuitant or benefit recipient with the
executive director of the Teachers Retirement Association requesting that the increase not
be made.
(c) The retirement annuity payable to a person who retires before becoming eligible for
Social Security benefits and who has elected the optional payment as provided in section
354.35 must be treated as the sum of a period-certain retirement annuity and a life retirement
annuity for the purposes of any postretirement adjustment. The period-certain retirement
annuity plus the life retirement annuity must be the annuity amount payable until age 62,
65, or normal retirement age, as selected by the member at retirement, for an annuity amount
payable under section 354.35. A postretirement adjustment granted on the period-certain
retirement annuity must terminate when the period-certain retirement annuity terminates.
(d) Members who retire on or after July 1, 2024, are entitled to an annual postretirement
adjustment of the member's retirement annuity, effective as of each January 1, beginning
with the year following the year in which the member attains normal retirement age, as
follows:
(1) if a member has been receiving an annuity for at least 12 full months as of the June
30 of the calendar year immediately before the date of the adjustment, a postretirement
increase equal to the percentage specified in paragraph (a), clause deleted text begin (3)deleted text end new text begin (1)new text end , must be applied,
effective on January 1, to the amount of the member's monthly annuity;
(2) if a member has been receiving an annuity for at least one full month, but less than
12 full months as of the June 30 of the calendar year immediately before the date of
adjustment, a postretirement increase of 1/12 of the applicable percentage specified in
paragraph (a), clause deleted text begin (4)deleted text end new text begin (2)new text end , for each month that the member has been receiving an annuity
must be applied, effective on January 1, to the amount of the member's monthly annuity;
or
(3) if a member has been receiving an annuity for fewer than seven months as of the
January 1 of the year following the year in which the member attains normal retirement
age, a postretirement adjustment shall be applied effective as of the next January 1. The
amount of the adjustment shall be determined under clause (2).
deleted text begin
(e) Paragraph (d) does not apply to members who retire under section 354.44, subdivision
6, paragraph (c), clause (3), or who retire when the member is at least age 62 and has at
least 30 years of service under section 354.44, subdivision 6, paragraph (c), (d), (e), or (f),
as applicable.
deleted text end
new text begin
This section is effective June 30, 2025.
new text end
new text begin
(a) $4,000 in fiscal year 2026 and $4,000 in fiscal year 2027 are appropriated from the
general fund to the Department of Education for increased employer pension contributions
to the Teachers Retirement Association.
new text end
new text begin
(b) $17,000 in fiscal year 2026 and $17,000 in fiscal year 2027 are appropriated from
the general fund to the Minnesota State Academies for increased employer pension
contributions to the Teachers Retirement Association.
new text end
new text begin
(c) $5,000 in fiscal year 2026 and $5,000 in fiscal year 2027 are appropriated from the
general fund to the Perpich Center for the Arts for increased employer pension contributions
to the Teachers Retirement Association.
new text end
new text begin
(d) $543,000 in fiscal year 2026 and $543,000 in fiscal year 2027 are appropriated from
the general fund to the Board of Trustees of the Minnesota State Colleges and Universities
for increased employer pension contributions to the Teachers Retirement Association.
new text end
new text begin
The sums indicated are appropriated from
the general fund to the Department of Education for the fiscal years designated. These sums
are in addition to appropriations made for the same purpose in any other law.
new text end
new text begin
For general education aid under Minnesota Statutes,
section 126C.13, subdivision 4:
new text end
|
new text begin
$ new text end |
new text begin
17,098,000 new text end |
new text begin
..... new text end |
new text begin
2026 new text end |
|
|
new text begin
$ new text end |
new text begin
19,711,000 new text end |
new text begin
..... new text end |
new text begin
2027 new text end |
new text begin
The 2026 appropriation includes $0 for 2025 and $17,098,000 for 2026.
new text end
new text begin
The 2027 appropriation includes $1,899,000 for 2026 and $17,812,000 for 2027.
new text end
Minnesota Statutes 2024, section 299A.465, subdivision 1, is amended to read:
(a) This subdivision
applies to any peace officer or firefighter:
(1) who the Public Employees Retirement Association or the Minnesota State Retirement
System determines is eligible to receive a duty disability benefit pursuant to section 353.656
or 352B.10, subdivision 1, respectively; or
(2) who deleted text begin (i) does not qualify to receive disability benefits by operation of the eligibility
requirements set forth in section 353.656, subdivision 1, paragraph (b), (ii) retires pursuant
to section 353.651, subdivision 4, or (iii)deleted text end is a member of a local police or salaried firefighters
relief association and qualifies for a duty disability benefit under the terms of plans of the
relief associations, and the peace officer or firefighter deleted text begin described in item (i), (ii), or (iii)deleted text end has
discontinued public service as a peace officer or firefighter as a result of a disabling injury
and has been determined, by the Public Employees Retirement Association, to have otherwise
met the duty disability criteria set forth in section 353.01, subdivision 41.
(b) deleted text begin A determination made on behalf of a peace officer or firefighter described in paragraph
(a), clause (2), must be at the request of the peace officer or firefighter made for the purposes
of this section.deleted text end Determinations made in accordance with paragraph (a) are binding on the
peace officer or firefighter, employer, and state. The determination must be made by the
executive director of the Public Employees Retirement Association or by the executive
director of the Minnesota State Retirement System, whichever applies, and is not subject
to section 356.96, subdivision 2. Upon making a determination, the executive director deleted text begin shalldeleted text end new text begin
mustnew text end provide written notice to the peace officer or firefighter and the employer. deleted text begin Thisdeleted text end new text begin Thenew text end
notice must includedeleted text begin :
deleted text end
deleted text begin (1)deleted text end a written statement of the reasons for the determinationdeleted text begin ;
deleted text end
deleted text begin
(2)
deleted text end
new text begin
. If the notice is from the executive director of the Minnesota State Retirement System,
the notice must also include:
new text end
new text begin (1)new text end a notice that the person may petition for a review of the determination by requesting
that a contested case be initiated before the Office of Administrative Hearings, the cost of
which must be borne by the peace officer or firefighter and the employer; and
deleted text begin (3)deleted text end new text begin (2)new text end a statement that any person who does not petition for a review within 60 days is
precluded from contesting issues determined by the executive director in any other
administrative review or court procedure.
If, prior to the contested case hearing, additional information is provided to support the
claim for duty disability as defined in section 352B.011, subdivision 7, deleted text begin or 353.01, subdivision
41, whichever applies,deleted text end the executive director may reverse the determination without the
requested hearing. If a hearing is held before the Office of Administrative Hearings, the
determination rendered by the judge conducting the fact-finding hearing is a final decision
and order under section 14.62, subdivision 2a, and is binding on the applicable executive
director, the peace officer or firefighter, employer, and state. Review of a final determination
made by the Office of Administrative Hearings under this section may only be obtained by
writ of certiorari to the Minnesota Court of Appeals under sections 14.63 to 14.68. Only
the peace officer or firefighter, employer, and state have standing to participate in a judicial
review of the decision of the Office of Administrative Hearings.
(c) The officer's or firefighter's employer deleted text begin shalldeleted text end new text begin mustnew text end continue to provide health coveragenew text begin
and pay for the coverage as required by paragraphs (d) to (g)new text end for:
(1) the officer or firefighter; and
(2) the officer's or firefighter's dependents if the officer or firefighter was receiving
dependent coverage at the time of the injury under the employer's group health plan.
new text begin
(d) For an officer or firefighter who has applied for or been approved to receive benefits
under section 353.656 prior to the date of enactment or an officer or firefighter who applies
for and is approved for total and permanent duty disability benefits under section 353.656,
subdivision 1a, the employer is responsible for the continued payment of the employer's
contribution for health coverage of the officer or firefighter and, if applicable, the officer's
or firefighter's dependents. Coverage must continue for the officer or firefighter and, if
applicable, the officer's or firefighter's dependents until the officer or firefighter reaches
age 65 or, if deceased, would have reached age 65.
new text end
new text begin
(e) For an officer or firefighter approved to receive benefits under section 353.656 on
or after the date of enactment and who is not approved for total and permanent duty disability
benefits under section 353.656, subdivision 1a, the employer is responsible for the continued
payment of the employer's contribution for health coverage of the officer or firefighter and,
if applicable, the officer's or firefighter's dependents. Coverage must continue:
new text end
new text begin
(1) for the officer or firefighter for a period of 60 months or, if earlier, until the officer
or firefighter reaches age 65; and
new text end
new text begin
(2) for the officer's or firefighter's dependents for a period of 60 months.
new text end
new text begin
(f) For an officer or firefighter who has applied for or been approved to receive benefits
under section 352B.10, subdivision 1, the employer is responsible for the continued payment
of the employer's contribution for health coverage of the officer or firefighter and, if
applicable, the officer's or firefighter's dependents. Coverage must continue for the officer
or firefighter and, if applicable, the officer's or firefighter's dependents until the officer or
firefighter reaches age 65 or, if deceased, would have reached age 65.
new text end
deleted text begin (d) The employer is responsible for the continued payment of the employer's contribution
for coverage of the officer or firefighter and, if applicable, the officer's or firefighter's
dependents. Coverage must continue for the officer or firefighter and, if applicable, the
officer's or firefighter's dependents until the officer or firefighter reaches or, if deceased,
would have reached the age of 65. However,deleted text end new text begin (g) The employer is not required to continue
healthnew text end coverage for dependents deleted text begin does not have to be continueddeleted text end after the person is no longer
a dependent.
new text begin
(h) An officer or firefighter who has applied for or been approved to receive benefits
under section 353.656 may affirmatively waive health coverage under this section but must
not receive any payment or other consideration from the employer in exchange for waiver
of the coverage. Any agreement entered into between an officer or firefighter who has
applied for or been approved to receive benefits under section 353.656 and the officer's or
firefighter's employer or the employer's agent providing for compensation for a waiver of
coverage under this section is void. Nothing in this subdivision shall be construed to render
void any agreement entered into prior to the date of enactment.
new text end
new text begin
(i) Once a duty disability determination is made pursuant to section 353.656, the employer
has no right to challenge and is prohibited from challenging the continuation and payment
of health coverage under this section.
new text end
Minnesota Statutes 2024, section 353.032, subdivision 3, is amended to read:
(a) An employee who applies for treatment of a psychological
condition that was a result of the performance of duties related to the occupation new text begin and cannot
perform the normal duties of the position held by the employee on the date of injury, event,
or onset of mental illness new text end must receive approval new text begin from the executive director new text end for psychological
treatment as provided under this subdivision.
deleted text begin (b)deleted text end The executive director shall grant approval to an employee who submits, in the form
and manner specified by the executive directornew text begin , an application that includesnew text end :
(1) a report by a mental health professional diagnosing the employee with a mental
illness and finding that the employee is currently unable to perform the normal duties of
the position held by the employee on the date of the injury, event, or onset of the mental
illness on a full- or part-time basis; and
(2) deleted text begin documentation from the employer certifying the dates the employee was on duty in
a position covered under the police and fire plandeleted text end new text begin proof that a first report of injury was filed
by the employee with the employernew text end .
new text begin
(b) An employee is eligible for treatment of a psychological condition under subdivision
4, paragraph (a), while maintaining full-time or part-time work for the employer when the
mental injury was a result of the performance of the employee's occupational duties. The
executive director shall grant approval to the employee who submits, in the form and manner
specified by the executive director, an application that includes:
new text end
new text begin
(1) a report by a mental health professional diagnosing the employee with a mental
illness that was a result of the performance of the employee's occupational duties and
determining that the employee is medically able to continuing working full-time or part-time
in the position held by the employee at the time of the injury, event, or onset of the mental
illness; and
new text end
new text begin
(2) proof that a first report of injury was filed by the employee with the employer.
new text end
(c) An employee who receives approval under this subdivision is not considered disabled
for the purposes of a duty disability under section 353.656, subdivision 1, unless the employee
completes the additional requirements under this section, receives final confirmation under
subdivision 6, and applies for disability benefits under section 353.031 before receiving
duty disability benefits or related benefits.
(d) The executive director must notify an employing entity electronically and by mail
that an application for psychological condition treatment has been submitted by an employee
and request deleted text begin the certification required under paragraph (b), clause (2), from the employing
entitydeleted text end new text begin documentation from the employer certifying the dates the employee was on duty in
a position covered under the police and fire plannew text end within six business days after the application
has been received by the executive director.
(e) An employer shall submit the certification required under paragraph deleted text begin (b), clause (2),deleted text end new text begin
(d)new text end within five business days of receiving notice from the executive director, and the
employee shall receive approval no later than 14 business days after the employee's
application is received by the executive director, whether or not the employer's certification
has been submitted. Nothing in this paragraph shall delay the treatment of the psychological
condition of the employee.
Minnesota Statutes 2024, section 353.032, subdivision 4, is amended to read:
(a) Except as provided in paragraph (f), new text begin beginning when
the application is received by the executive director, new text end an employee who receives approval
under subdivision 3 shall complete up to 24 consecutive weeks of active treatment modalities
for the employee's diagnosed mental illness, as provided under this subdivision, before a
final confirmation can be made under subdivision 6. Treatment shall be at the direction of
a mental health professional using treatment modalities indicated for the treatment of the
diagnosed mental illness. An employee shall not be penalized for an interruption in active,
consecutive treatment that is not initiated by or resulting from an intentional action of the
employee. Subject to the limit under subdivision 9, the employer shall pay for the treatment
costs to the extent not paid for by the employee's health insurance and may seek
reimbursement.
(b) The employee's mental health professional must assess the employee's progress in
treatment monthly and at the end of the 24 weeks or earlier, including any change to the
employee's ability to return to the position held by the employee on the date of the injury,
event, or onset of the mental illness, or to another position with the employer which provides
salary and employer-provided benefits, including pension benefits, that are equal to or
greater than those for the position held by the employee on the date of the injury, event, or
onset of the mental illness. A final confirmation under subdivision 6 must be supported by
a report from the employee's mental health professional containing an opinion about the
employee's prognosis, the duration of the disability, and the expectations for improvement
following the treatment. A report that does not contain and support a finding that the
employee's disability as a result of a psychological condition will last for at least 12 months
must not be relied upon to support approval of duty disability benefits.
(c) The employee may deleted text begin return todeleted text end new text begin worknew text end full-new text begin timenew text end or part-time deleted text begin workdeleted text end prior to the completion
of the 24 weeks of treatment if the employee's mental health professional determines that
they are medically able to do so.
(d) The employee may return to light duty assignments, subject to availability of a
position, prior to the completion of the 24 weeks of treatment, if deemed medically
appropriate by the employee's mental health professional and with the employer's approval.
(e) A fitness for duty presumption shall apply to an employee who is cleared to return
to work or light duty under paragraph (c) or (d), except as provided under subdivision 10.
(f) No employee shall be required to complete treatment under this subdivision more
than three times in ten years.
Minnesota Statutes 2024, section 353.032, subdivision 5, is amended to read:
(a) Subject to subdivision 9, for the
period that an employee is seeking psychological condition treatment approval under
subdivision 3 or 6new text begin , beginning when the application is received by the executive directornew text end ,
appealing a determination thereof, or receiving treatment under subdivision 4 or 7, the
employer shall continue:
(1) to pay, for a current employee only, the employee's full salary and employer-provided
benefits, including any employer contribution to health care and retirement benefits. new text begin The
employer must not require the employee to use accrued vacation, sick, holiday, personal
time off or any leave benefits while the employee is receiving treatment under subdivision
4. new text end The employer must proportionally reduce the salary paid to an employee who is otherwise
receiving benefits for the disability that provide compensation for all or a portion of the
employee's salary for the same time period. Nothing in this paragraph requires an employer
to pay more than 100 percent of the employee's salary;
(2) to provide health insurance benefits to the employee and to the employee's dependents,
if the employee was receiving dependent coverage at the time of the injury, event, or onset
of the mental illness under the employer's group health plan; and
(3) to provide any other employment benefits provided to the employee under the
employee's currently applicable collective bargaining agreement.
(b) An employee shall obtain service credit for the treatment period required under
subdivision 4 or 7.
(c) Nothing prevents an employer from providing benefits in addition to those required
by this section or otherwise affects an employee's rights with respect to any other employment
benefit.
(d) If an employee is unable to receive treatment through the prescribed treatment
program due to circumstances beyond the employee's control, which includes but is not
limited to a lack of availability of a mental health facility or a mental health professional,
the employee shall continue to receive their regular compensation, benefits, and retirement
service credits, until such mental health facility or mental health professional becomes
available to the employee for their treatment program. new text begin The employer must not require the
employee to use sick or vacation leave during this period. new text end The continuation of salary and
benefits allowed under this paragraph must not exceed 30 days beyond the day treatment
is prescribed, except that continuation of benefits and salary may be extended beyond 30
days if written documentation from the mental health facility or mental health professional
providing the treatment start date is submitted by the employee to the executive director
and the employer.
Minnesota Statutes 2024, section 353.032, subdivision 6, is amended to read:
(a)
Following completion of treatment under subdivision 4, the association shall confirm the
treatment requirements are satisfieddeleted text begin ,deleted text end and make one of the following determinationsnew text begin based
on the report of the employee's mental health professionalnew text end :
(1) continue the approval for an additional eight weeks for the employee to complete
additional treatment, as provided under subdivision 7;
(2) terminate the psychological condition treatment because the employee is:
(i) able to return to new text begin or continue new text end full-time new text begin or part-time new text end work in the position held by the
employee on the date of the injury, event, or onset of the mental illness; or
(ii) able to return to another vacant full-time position with the employer which provides
salary and employer-provided benefits, including pension benefits, that are equal to or
greater than those for the position held by the employee on the date of the injury, event, or
onset of the mental illness, as certified by the employer in the form and manner specified
by the executive director; or
(3) confirm the employee has met the requirements under section 353.032, after which
the employee may apply for a duty disability benefit based on a psychological condition
under section 353.031.
new text begin
(b) The association must notify the employee and the employer electronically and by
mail of its determination under paragraph (a).
new text end
deleted text begin (b)deleted text end new text begin (c)new text end After confirmation and application under paragraph (a), clause (3), the association
must approve the employee's application for disability benefits if the employee is eligible
under section 353.031, at which time the employee is entitled to receive disability benefits
as provided under this section and any related benefits. The disability benefit begins to
accrue the day following the day on which the employer ceases to continue salary and
benefits under subdivision 5 and section 353.656, subdivision 4, paragraph (a).
deleted text begin (c)deleted text end new text begin (d)new text end Following completion of the additional treatment requirements under subdivision
7, if applicable, the association shall confirm the additional treatment requirements are
satisfied, after which, the employee may apply for disability benefits because the employee
is eligible under section 353.031, at which time the employee is entitled to receive disability
benefits as provided under this section and any related benefits. The disability benefit begins
to accrue the day following the day on which the employer ceases to continue salary and
benefits under subdivision 5 and section 353.656, subdivision 4, paragraph (a).
new text begin
(e) Treatment requirements that remain incomplete 60 days past the 24 weeks of treatment
under subdivision 4 or the additional eight weeks of treatment under subdivision 7 terminate.
new text end
deleted text begin (d)deleted text end new text begin (f)new text end A fitness for duty presumption shall apply to an employee who is determined able
to return to work as provided under paragraph (a), clause (2), except as provided under
subdivision 10.
Minnesota Statutes 2024, section 353.032, subdivision 7, is amended to read:
(a) Except as provided in paragraph (g), if, after
completing the treatment required under subdivision 4, the new text begin employee's new text end mental health
professional's report determines that the employee is making progress in treatment, and the
employee's prognosis is expected to further improve with additional treatment, the association
shall continue the employee's initial approval under subdivision 6, paragraph (a), clause
(1), and the employee shall complete up to an additional eight consecutive weeks of active
treatment modalities as provided under this subdivision.new text begin The association must notify the
employer electronically and by mail that the initial approval has been continued within six
business days after the executive director receives the mental health professional's report.
new text end
(b) Treatment shall be at the direction of a mental health professional using treatment
modalities indicated for the treatment of the employee's diagnosed mental illness. An
employee shall not be penalized for an interruption in active, consecutive treatment that is
not initiated by or resulting from an intentional action of the employee. Subject to subdivision
9, the employer shall pay for the treatment costs to the extent not paid for by the employee's
health insurance and may seek reimbursement.
(c) The employee's mental health professional must assess the employee's progress in
treatment at the end of eight weeks, including any change to the employee's ability to return
to the position held by the employee on the date of the injury, event, or onset of the mental
illness, or to another position with the employer which provides salary and employer-provided
benefits, including pension benefits, that are equal to or greater than those for the position
held by the employee on the date of the injury, event, or onset of the mental illness. A final
confirmation under subdivision 6, paragraph deleted text begin (b)deleted text end new text begin (c)new text end , must be supported by an updated report
from the employee's mental health professional containing an opinion about the employee's
prognosis, the duration of the disability, and the expectations for improvement following
the additional treatment. An updated report that does not contain and support a finding that
the employee's disability as a result of a psychological condition will last for at least 12
months must not be relied upon to support approval of duty disability benefits.
(d) The employee may return to full-new text begin timenew text end or part-time work deleted text begin prior to the completion ofdeleted text end new text begin
for the employer or continue to work full-time or part-time for the employer duringnew text end the eight
weeks of treatment if the employee's mental health professional determines that they are
medically able to do sonew text begin and with the employer's approvalnew text end .
(e) The employee may return to light duty assignments, subject to availability of a
position, prior to the completion of the eight weeks of treatment, if deemed medically
appropriate by the employee's mental health professional and with the employer's approval.
(f) A fitness for duty presumption shall apply to an employee who is cleared to return
to work or light duty under paragraph (d) or (e), except as provided under subdivision 10.
(g) No employee shall be required to complete treatment under this subdivision more
than three times in ten years.
Minnesota Statutes 2024, section 353.032, subdivision 9, is amended to read:
(a) Except as provided in paragraph (c), an
employer subject to this section may annually apply by August 1 for the preceding fiscal
year to the commissioner of public safety for reimbursement of:
(1) the treatment costs incurred by the employer under subdivision 4 or 7; and
(2) the costs incurred to continue salary and benefits as required under subdivision 5.
(b) An employer must apply for the reimbursement in the form and manner specified
by the commissioner of public safety.
(c) No employer shall be required to pay for the salary, benefits, and treatment costs
required under subdivisions 4, 5, and 7 for a single employee more than three times in ten
years.
new text begin
(d) An officer or firefighter receiving treatment under this section must provide to the
employer, on a monthly basis, billing statements or invoices for treatment costs incurred as
outlined in subdivisions 4 and 7.
new text end
Minnesota Statutes 2024, section 353.032, subdivision 10, is amended to read:
(a) An employee who is cleared or determined
able to new text begin work full-time or part-time while receiving treatment under subdivision 3, paragraph
(c); or new text end return to work or light duty under subdivision 4, paragraph (e); 6, paragraph deleted text begin (c)deleted text end new text begin (f)new text end ;
or 7, paragraph (f), is presumed fit for duty, except as follows:
(1) an employer may request a fitness for duty exam by an independent medical provider
if the exam is completed within six weeks of the employer receiving the determination from
the treating mental health professional, and the independent medical provider's report is
completed no more than six weeks later;
(2) an employee found unfit for duty by an independent medical provider under clause
(1):
(i) is presumed eligible for a duty disability, as provided under subdivision 6, paragraph
(a), clause (3), if the employee otherwise meets the eligibility requirements under section
353.031; or
(ii) may appeal the independent medical provider's determination by requesting an
examination under paragraph (c); and
(3) the fitness-for-duty timeline under this paragraph may be modified by mutual
agreement of the employer and employee.
(b) Nothing in this section shall be deemed to affect the Americans with Disabilities
Act, United States Code, title 42, chapter 126; the Family Medical Leave Act, United States
Code, title 29, chapter 28; or the Minnesota Human Rights Act, chapter 363A.
(c) An employee who wishes to appeal the independent medical provider's determination
under paragraph (a), clause (2), item (ii), may request an examination by a qualified
professional selected by the employee from a panel established by mutual agreement among
the League of Minnesota Cities, the Association of Minnesota Counties, the Minnesota
Peace and Police Officers Association, the Minnesota Professional Fire Fighters Association,
the Minnesota Chiefs of Police Association, and the Minnesota Law Enforcement
Association. The panel shall consist of five licensed psychiatrists or psychologists who have
expertise regarding psychological or emotional disorders and who are qualified to opine as
to the employee's fitness to engage in police or firefighting duties. The agreed upon panel
of qualified professionals must be submitted to the executive director and made available
for use in the appeal process. If the employee fails to select a qualified professional from
the panel within ten days of any notice of appeal, the employing entity may select the
qualified professional from the panel. A determination made by a qualified professional
under this item is binding and not subject to appeal. This panel may be the same panel as
the panel established under section 352B.102, subdivision 10.
new text begin
Sections 1 to 8 are effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 352.92, subdivision 2a, is amended to read:
(a) Effective July 1, 2019, the employer
shall pay a supplemental contribution. The supplemental contribution is 1.45 percent of
salary for covered correctional employees from July 1, 2019, through June 30, 2020; 2.95
percent of salary for covered correctional employees from July 1, 2020, through June 30,
2021; and 4.45 percent of salary for covered correctional employees thereafter. The
supplemental contribution rate of 4.45 percent remains in effect until, for three consecutive
years, the market value of the assets of the correctional state employees retirement plan of
the Minnesota State Retirement System equals or exceeds new text begin 110 percent of new text end the actuarial
accrued liability of the plan as determined by the actuary retained under section 356.214.
The expiration of the supplemental employer contribution is effective the first day of the
first full pay period of the fiscal year immediately following the issuance of the third actuarial
valuation upon which the expiration is based.
(b) The supplemental contribution under paragraph (a) must be paid starting the first
day of the first full pay period after June 30, 2018.
Minnesota Statutes 2024, section 352B.02, subdivision 1c, is amended to read:
(a) In
addition to member contributions, department heads shall pay a sum equal to the specified
percentage of the salary upon which deductions were made, which constitutes the employer
contribution to the fund as follows:
| from July 1, 2014, to June 30, 2016 |
20.1 |
|
| from July 1, 2016, to June 30, 2018 |
21.6 |
|
| from July 1, 2018, to June 30, 2019 |
22.35 |
|
| after June 30, 2019 |
23.1 |
(b) Department contributions must be paid out of money appropriated to departments
for this purpose.
(c) Contribution increases under paragraph (a) must be paid starting the first day of the
first full pay period after the effective date of the increase.
(d) Effective July 1, 2018, department heads shall pay a supplemental employer
contribution. The supplemental contribution is 1.75 percent of the salary upon which
deductions are made from July 1, 2018, through June 30, 2019; three percent of the salary
upon which deductions are made from July 1, 2019, through June 30, 2020; five percent of
the salary which deductions are made from July 1, 2020, through June 30, 2021; and seven
percent of the salary upon which deductions are made thereafter. The supplemental
contribution must be paid starting the first day of the first full pay period after June 30,
2018. The supplemental contribution rate of seven percent remains in effect until, for three
consecutive years, the market value of the assets of the State Patrol retirement plan of the
Minnesota State Retirement System equals or exceeds new text begin 110 percent of new text end the actuarial accrued
liability of the plan as determined by the actuary retained under section 356.214. The
expiration of the supplemental employer contribution is effective the first day of the first
full pay period of the fiscal year immediately following the issuance of the third actuarial
valuation upon which the expiration is based.
Minnesota Statutes 2024, section 353.65, subdivision 3b, is amended to read:
(a) The state must pay $4,500,000 on October 1, 2018, and
October 1, 2019, to the public employees police and fire retirement plan. By October 1 of
each year after 2019, the state must pay $9,000,000 to the public employees police and fire
retirement plan. The commissioner of management and budget must pay the aid specified
in this subdivision. The amount required is annually appropriated from the general fund to
the commissioner of management and budget.
(b) The aid under paragraph (a) continues until the deleted text begin earlier of:deleted text end new text begin first day of the fiscal year
following three consecutive fiscal years in which, for each fiscal year, the actuarial value
of assets of the fund equals or exceeds 110 percent of the actuarial accrued liabilities as
reported by the actuary retained under section 356.214 in the annual actuarial valuation
prepared under section 356.215.
new text end
deleted text begin
(1) the first day of the fiscal year following three consecutive fiscal years in which, for
each fiscal year, the actuarial value of assets of the fund equals or exceeds 100 percent of
the actuarial accrued liabilities as reported by the actuary retained under section 356.214
in the annual actuarial valuation prepared under section 356.215; or
deleted text end
deleted text begin
(2) July 1, 2048.
deleted text end
Minnesota Statutes 2024, section 423A.022, subdivision 5, is amended to read:
(a) The aid under subdivision 2, paragraph (a), clauses (1)
and (3), continues until the deleted text begin earlier of:deleted text end new text begin December 1 following three consecutive fiscal years
in which, for each fiscal year, the actuarial value of assets of both the State Patrol retirement
plan and the public employees police and fire retirement plan equals or exceeds 100 percent
of the actuarial accrued liabilities as reported by the actuary retained under section 356.214
in the annual actuarial valuation prepared under section 356.215.
new text end
deleted text begin
(1) the December 1 following three consecutive fiscal years in which, for each fiscal
year, the actuarial value of assets of both the State Patrol retirement plan and the public
employees police and fire retirement plan equals or exceeds 90 percent of the actuarial
accrued liabilities as reported by the actuary retained under section 356.214 in the annual
actuarial valuation prepared under section 356.215; or
deleted text end
deleted text begin
(2) July 1, 2048.
deleted text end
(b) The aid under subdivision 2, paragraph (a), clause (2), does not terminate.
Minnesota Statutes 2024, section 490.123, subdivision 5, is amended to read:
(a) The state shall pay $6,000,000 annually to the judges'
retirement fund. The aid is payable each July 1. The amount required is annually appropriated
from the general fund to the judges' retirement fund.
(b) The aid under paragraph (a) continues until the deleted text begin earlier of:deleted text end new text begin first day of the fiscal year
following three consecutive fiscal years in which, for each fiscal year, the actuarial value
of assets of the fund equals or exceeds 110 percent of the actuarial accrued liabilities as
reported by the actuary retained under section 356.214 in the annual actuarial valuation
prepared under section 356.215.
new text end
deleted text begin
(1) the first day of the fiscal year following three consecutive fiscal years in which the
actuarial value of assets of the fund equals or exceeds 100 percent of the actuarial accrued
liabilities as reported by the actuary retained under section 356.214 in the annual actuarial
valuation prepared under section 356.215; or
deleted text end
deleted text begin
(2) July 1, 2048.
deleted text end
new text begin
Sections 1 to 5 are effective the day following final enactment.
new text end
new text begin
The executive director of the Legislative
Commission on Pensions and Retirement (commission executive director) must convene a
work group for the purpose of recommending a pension plan to be administered by the
Minnesota State Retirement System (MSRS) for probation officers and 911
telecommunicators who are state employees, as defined in Minnesota Statutes, section
352.01, subdivision 2, and a pension plan to be administered by the Public Employees
Retirement Association (PERA) for probation officers and 911 telecommunicators who are
public employees, as defined in Minnesota Statutes, section 353.01, subdivision 2.
new text end
new text begin
(a) The members of the work group are the following:
new text end
new text begin
(1) the executive director of PERA, or the executive director's designee, and a second
member of the PERA staff designated by the executive director;
new text end
new text begin
(2) the executive director of MSRS, or the executive director's designee, and a second
member of the MSRS staff designated by the executive director;
new text end
new text begin
(3) the commissioner of corrections or the commissioner's designee;
new text end
new text begin
(4) the commissioner of public safety or the commissioner's designee;
new text end
new text begin
(5) a representative from the Minnesota Association of County Probation Officers;
new text end
new text begin
(6) a representative from the Minnesota Corrections Association;
new text end
new text begin
(7) a representative from the Minnesota Association of Professional Employees;
new text end
new text begin
(8) a representative from the International Brotherhood of Teamsters Local 320;
new text end
new text begin
(9) a representative from the American Federation of State, County and Municipal
Employees Council 5;
new text end
new text begin
(10) two representatives from the Association of Minnesota Counties;
new text end
new text begin
(11) a representative from the League of Minnesota Cities;
new text end
new text begin
(12) a representative from the Minnesota Inter-County Association;
new text end
new text begin
(13) a representative from the Minnesota Association of Public Safety Communications
Officials or the National Emergency Number Association of Minnesota;
new text end
new text begin
(14) a representative from the Law Enforcement Labor Services;
new text end
new text begin
(15) a representative from the Minnesota Association of Community Corrections Act
Counties;
new text end
new text begin
(16) a representative from the Minnesota Professional Fire Fighters Association; and
new text end
new text begin
(17) a representative from the Minnesota Police and Peace Officers Association.
new text end
new text begin
(b) The commission executive director may invite others, including the commission's
actuary, to participate in one or more meetings of the work group.
new text end
new text begin
(c) The organizations specified in paragraph (a) must provide the commission executive
director with the names and contact information for the representatives who will serve on
the work group by June 14, 2025.
new text end
new text begin
In arriving at the work group's recommendations, the work group
must:
new text end
new text begin
(1) determine the features of each pension plan, including but not limited to:
new text end
new text begin
(i) employee and employer contribution rates;
new text end
new text begin
(ii) vesting requirements;
new text end
new text begin
(iii) the benefit formula;
new text end
new text begin
(iv) normal and early retirement ages;
new text end
new text begin
(v) disability benefits;
new text end
new text begin
(vi) postretirement adjustments;
new text end
new text begin
(vii) the extent to which past service will be credited and paid for; and
new text end
new text begin
(viii) definitions for "probation officer" and "911 telecommunicator";
new text end
new text begin
(2) determine whether the new plans will be entirely new pension plans or whether the
new plans will be component pension plans similar to the special coverage for state fire
marshals under Minnesota Statutes, section 352.87; and
new text end
new text begin
(3) consider:
new text end
new text begin
(i) the study prepared by PERA that estimates the costs and benefits for a pension plan
for probation officers, 911 telecommunicators, and any other public safety adjacent
employees;
new text end
new text begin
(ii) the financial impact resulting from the potential cessation of benefit accruals and
contributions for members that transfer from the MSRS general state employees retirement
plan or the PERA general employees retirement plan to the new pension plan;
new text end
new text begin
(iii) the option for members to purchase credit for past service, including the method
for purchasing credit for past service;
new text end
new text begin
(iv) how contributions used to prefund benefit improvements can be made before any
new pension plan is created;
new text end
new text begin
(v) any other public safety adjacent positions that should be included in the new pension
plans and how those positions should be defined;
new text end
new text begin
(vi) the balance of employee and employer contributions, including the interest in funding
pension benefit improvements with increased employee contributions; and
new text end
new text begin
(vii) a bill styled as 2025 H.F. No. 1779/S.F. No. 1986, also referred to as revisor number
25-02845, or its equivalent, passed/introduced in the 2025 regular or special session,
including the testimony on the bill at the meetings of the Legislative Commission on Pensions
and Retirement.
new text end
new text begin
With the assistance of the commission executive director,
the work group must prepare proposed legislation that implements the recommendations
of the work group under subdivision 3. If the work group recommends more than one
approach to improving pension benefits, the work group must provide alternative bills.
Recommended legislation must require MSRS and PERA to have any new plan or component
plan operational by January 1, 2027.
new text end
new text begin
The chair of
the work group must submit the recommendations of the work group, along with proposed
legislation that implements the recommendations, to the chair and executive director of the
Legislative Commission on Pensions and Retirement by January 15, 2026.
new text end
new text begin
(a) The commission executive
director must convene the first meeting of the work group by August 1, 2025.
new text end
new text begin
(b) The members of the work group must elect a chair at the first meeting.
new text end
new text begin
(c) Meetings may be conducted remotely or in person or a combination of remotely and
in person.
new text end
new text begin
(d) Commission staff must provide meeting space, if needed, and administrative support
to the chair of the work group.
new text end
new text begin
(a) Members of the work group serve
without compensation.
new text end
new text begin
(b) Participation in the work group is not lobbying under Minnesota Statutes, chapter
10A.
new text end
new text begin
(c) An individual's employer or an organization or association of which an individual
is a member must not retaliate against the individual because of the individual's participation
in the work group.
new text end
new text begin
The work group expires June 30, 2027.
new text end
Minnesota Statutes 2024, section 3.85, subdivision 2, is amended to read:
The commission shall make a continuing study and investigation of
retirement benefit plans applicable to nonfederal government employees in this state. The
powers and duties of the commission include, but are not limited to the following:
(a) studying retirement benefit plans applicable to nonfederal government employees
in Minnesota, including federal plans available to the employees;
(b) making recommendations within the scope of its study, including attention to financing
of the various pension funds and financing of accrued liabilities;
(c) considering all aspects of pension planning and operation and making
recommendations designed to establish and maintain sound pension policy for all funds;
(d) analyzing deleted text begin each item ofdeleted text end proposed pension and retirement legislation, including
amendments deleted text begin to eachdeleted text end , with particular reference to analysis of deleted text begin theirdeleted text end new text begin the legislation'snew text end cost,
actuarial soundness, and adherence to sound pension policydeleted text begin , and reporting its findings to
the legislaturedeleted text end ;
(e) creating and maintaining a library for reference concerning pension and retirement
matters, including information about laws and systems in other states; and
(f) studying, analyzing, and preparing reports in regard to subjects certified to the
commission for study.
Minnesota Statutes 2024, section 3.85, subdivision 3, is amended to read:
The commission consists of seven members of the senate
appointed by the Subcommittee on Committees of the Committee on Rules and
Administration and seven members of the house of representatives appointed by the speaker.
No more than five members from each chamber may be from the majority caucus in that
chamber. Members shall be appointed at the commencement of each regular session of the
legislature for a two-year term beginning January 16 of the first year of the regular session.
deleted text begin Members continuedeleted text end new text begin A member continuesnew text end to serve until deleted text begin their successors are appointeddeleted text end new text begin the
earlier of the appointment of the member's successor or the end of the member's legislative
term or officenew text end . Vacancies that occur while the legislature is in session shall be filled like
regular appointments. If the legislature is not in session, senate vacancies shall be filled by
the last Subcommittee on Committees of the senate Committee on Rules and Administration
or other appointing authority designated by the senate rules, and house of representatives
vacancies shall be filled by the last speaker of the house, or if the speaker is not available,
by the last chair of the house of representatives Rules Committee.
Minnesota Statutes 2024, section 3.85, subdivision 10, is amended to read:
The commission shall
adopt standards prescribing deleted text begin specific detaileddeleted text end methods to calculate, evaluate, and display
current and deleted text begin proposed lawdeleted text end new text begin projectednew text end liabilities, costs, and actuarial equivalents of deleted text begin alldeleted text end new text begin coverednew text end
public deleted text begin employeedeleted text end pension plans deleted text begin in Minnesotadeleted text end new text begin under section 356.20, subdivision 2, that are
defined benefit plansnew text end . These standards deleted text begin shalldeleted text end new text begin mustnew text end be consistent with chapter 356 and be
updated deleted text begin annuallydeleted text end new text begin periodicallynew text end . At a minimum, the standards deleted text begin shalldeleted text end new text begin mustnew text end contain requirements
that comply with deleted text begin generally accepted accounting principlesdeleted text end new text begin actuarial standards of practicenew text end
applicable to government pension plans. deleted text begin The standards may include additional financial,
funding, or valuation requirements that are not required under generally accepted accounting
principles applicable to government pension plans.
deleted text end
new text begin
Sections 1 to 3 are effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 353G.08, subdivision 1a, is amended to read:
(a) Annually, the executive
director shall determine the funding requirements of each deleted text begin monthly benefitdeleted text end new text begin fire department
new text end account in the deleted text begin statewide volunteer firefighterdeleted text end new text begin monthly division of the defined benefit new text end plan
on or before August 1.
(b) The executive director must determine the funding requirements of a deleted text begin monthly benefitdeleted text end
new text begin fire department new text end account under this subdivision from:
(1) the most recent actuarial valuation normal cost, administrative expense, including
the cost of a regular actuarial valuation, and amortization results for the account determined
by the approved actuary retained by the retirement association under sections 356.215 and
356.216; and
(2) the standards for actuarial work, utilizing a six percent investment return actuarial
assumption deleted text begin anddeleted text end new text begin ,new text end other actuarial assumptions approved under section 356.215, subdivision
18deleted text begin :deleted text end new text begin , and the amortization periods specified in section 356.215, subdivision 11.
new text end
deleted text begin
(i) with that portion of any unfunded actuarial accrued liability attributable to a benefit
deleted text end
deleted text begin
increase to be amortized over a period of 20 years from the date of the benefit change;
deleted text end
deleted text begin
(ii) with that portion of any unfunded actuarial accrued liability attributable to an
deleted text end
deleted text begin
assumption change or an actuarial method change to be amortized over a period of 20 years
deleted text end
deleted text begin
from the date of the assumption or method change;
deleted text end
deleted text begin
(iii) with that portion of any unfunded actuarial accrued liability attributable to an
deleted text end
deleted text begin
investment loss to be amortized over a period of ten years from the date of investment loss;
deleted text end
deleted text begin
and
deleted text end
deleted text begin
(iv) with the balance of any net unfunded actuarial accrued liability to be amortized over
deleted text end
deleted text begin
a period of five years from the date of the actuarial valuation.
deleted text end
(c) The required contributions of the entity or entities associated with the fire department
whose active firefighters are covered by the monthly division are the annual financial
requirements of the deleted text begin monthly benefitdeleted text end new text begin fire department new text end account deleted text begin of the plandeleted text end under paragraph
(b) reduced by the amount of any fire state aid payable under chapter 477B, or any police
and firefighter retirement supplemental state aid payable under section 423A.022, that is
reasonably anticipated to be received by the plan attributable to the entity or entities during
the following calendar year. The required contribution must be allocated between the entities
if more than one entity is involved. A reasonable amount of anticipated fire state aid is an
amount that does not exceed the fire state aid actually received in the prior year multiplied
by the factor 1.035.
(d) The required contribution calculated in paragraph (c) must be paid to the plan on or
before December 31 of the year for which it was calculated. If the contribution is not received
by the plan by December 31, it is payable with interest at an annual compound rate of six
percent from the date due until the date payment is received by the plan. If the entity does
not pay the full amount of the required contribution, the executive director shall collect the
unpaid amount under section 353.28, subdivision 6.
Minnesota Statutes 2024, section 353G.11, is amended by adding a subdivision to
read:
new text begin
(a) In determining a member's retirement benefit
under section 353G.09, subdivision 1a, the benefit level applicable to the member is the
benefit level in effect as of the date the member terminated firefighting services for the fire
department of a participating employer.
new text end
new text begin
(b) Except as provided under section 353G.09, subdivision 4:
new text end
new text begin
(1) the benefit level for a member of the lump-sum division is the benefit level selected
under section 353G.05, subdivision 1d, by the member's relief association or, if applicable,
the municipality or firefighting corporation that employs the member or the benefit level
as modified under subdivision 2, whichever is in effect as of the date the member terminated
firefighting services; or
new text end
new text begin
(2) the benefit level for a member of the monthly division is the benefit level under the
retirement benefit plan document applicable to the member's former relief association or
the benefit level under the retirement benefit plan document as modified under subdivision
2a, whichever is in effect as of the date the member terminated firefighting services.
new text end
Minnesota Statutes 2024, section 353G.11, subdivision 2, is amended to read:
(a)
A fire department's fire chief or the governing body operating a fire department may request
an increase in the benefit level as provided in this subdivision.
(b) The fire chief or governing body must request a cost estimate from the executive
director of an increase in the deleted text begin service pensiondeleted text end new text begin benefit new text end level applicable to the active firefighters
of the fire department.
(c) The executive director must prepare the cost estimate using a procedure certified as
accurate by the approved actuary retained by the association.
(d) Within 120 days after receiving the cost estimate from the executive director, the
governing body may approve the benefit level change, effective for January 1 of the following
calendar year unless the governing body specifies in the approval document an effective
date that is January 1 of the second year following the approval date. If the approval occurs
after April 30, the required municipal contribution for the following calendar year must be
recalculated and the results reported to the governing body. If not approved within 120 days
of the receipt of the cost estimate, the benefit level change is considered to have been
disapproved.
Minnesota Statutes 2024, section 353G.11, subdivision 2a, is amended to read:
(a)
deleted text begin Thedeleted text end new text begin A fire department's new text end fire chief deleted text begin of a fire departmentdeleted text end new text begin or the governing body operating a
fire department new text end that has an active membership deleted text begin that isdeleted text end covered by the monthly deleted text begin benefit
retirementdeleted text end division deleted text begin of the plandeleted text end may deleted text begin initiate the process of modifyingdeleted text end new text begin request an increase in
the benefit level provided in new text end the retirement benefit plan document under this deleted text begin sectiondeleted text end new text begin
subdivisionnew text end .
(b) The modification procedure is initiated when the deleted text begin applicabledeleted text end fire chief new text begin or governing
body new text end files with the executive director deleted text begin of the associationdeleted text end a written summary of the desired
deleted text begin benefit plan documentdeleted text end modification, the proposed deleted text begin benefit plan documentdeleted text end modification
language, a written request for the preparation of an actuarial cost estimate for the proposed
deleted text begin benefit plan documentdeleted text end modification, and payment of the estimated cost of the actuarial cost
estimate.
(c) Upon receipt of the modification request and related documents, the executive director
deleted text begin shalldeleted text end new text begin must new text end review the language of the proposed deleted text begin benefit plan documentdeleted text end modification and, if
a clarification is needed in the submitted language, deleted text begin shalldeleted text end inform the fire chief new text begin or governing
body new text end of the necessary clarification. deleted text begin Oncedeleted text end new text begin After new text end the deleted text begin proposed benefit plan document
modification languagedeleted text end new text begin fire chief or governing body new text end has deleted text begin been clarified by the fire chief and
resubmitteddeleted text end new text begin submitted the clarified language new text end to the executive director, the executive director
deleted text begin shall arrange for the approved actuary retained by the association to prepare a benefit plan
document modification cost estimate under the applicable provisions of section 356.215
and of the standards for actuarial work adopted by the Legislative Commission on Pensions
and Retirementdeleted text end new text begin must prepare the cost estimate using a procedure certified as accurate by
the approved actuary retained by the associationnew text end . Upon completion of the deleted text begin benefit plan
document modificationdeleted text end cost estimate, the executive director deleted text begin shalldeleted text end new text begin must new text end forward the estimate
to the fire chief deleted text begin who requested itdeleted text end and to the chief financial officer of the municipality or
entity with which the fire department is primarily associated.
(d) The fire chief, upon receipt of the cost estimate, deleted text begin shall circulatedeleted text end new text begin must distribute new text end the
cost estimate deleted text begin withdeleted text end new text begin to new text end the active firefighters in the fire department and deleted text begin shalldeleted text end take reasonable
steps to provide the new text begin cost new text end estimate deleted text begin resultsdeleted text end to any affected retired members of the fire
department and their beneficiaries. The chief financial officer of the municipality or entity
associated with the fire department deleted text begin shalldeleted text end new text begin must new text end present the proposed modification language
and the cost estimate to the governing body of the municipality or entity for its consideration
at a public hearing held for that purpose.
(e) If the governing body of the municipality or entity approves the modification language,
the chief administrative officer of the municipality or entity deleted text begin shalldeleted text end new text begin must new text end notify the executive
director deleted text begin of the associationdeleted text end of that approval. The deleted text begin benefit plan documentdeleted text end modification is
effective on deleted text begin thedeleted text end January 1 following the date of filing the approval with the association.
Minnesota Statutes 2024, section 353G.17, subdivision 4, is amended to read:
(a) Upon completion of the actions required under
subdivisions 1 to 3, the plan shall transfer to the relief association as of the effective date
identified in the notice under subdivision 1, the records, assets, and liabilities related to the
former and current firefighters with benefits under the plan, along with any assets in excess
of liabilities deleted text begin credited to the lump-sum account or the monthly benefit retirement account
attributable to the firefighters and the municipalitydeleted text end .
(b) The executive director:
(1) deleted text begin shalldeleted text end new text begin must new text end transfer the assets in cash;
(2) deleted text begin shalldeleted text end new text begin must new text end transfer any accounts receivable deleted text begin associated with the lump-sum account
or monthly benefit retirement accountdeleted text end ;
(3) deleted text begin shalldeleted text end new text begin must new text end settle any accounts payable deleted text begin from the accountdeleted text end before the transfer; and
(4) may deduct from the assets to be transferred reasonable costs incurred by the plan
to conduct the voting process and complete the transfer.
Minnesota Statutes 2024, section 353G.17, subdivision 5, is amended to read:
(a)
Upon transfer of the assets of the deleted text begin lump-sum account or monthly benefit retirementdeleted text end new text begin fire
department new text end account, the pension liabilities attributable to the benefits for the former and
current firefighters deleted text begin shalldeleted text end become the obligation of the special fund of the relief association.
(b) Upon the transfer of the assets of the deleted text begin lump-sum account or monthly benefit retirementdeleted text end
new text begin fire department new text end account, the board of trustees of the relief association has legal title to and
management responsibility for the transferred assets as trustees for persons having a beneficial
interest in those assets arising out of the benefit coverage provided by the account.
(c) The relief association is the successor in interest with respect to all claims against
the plan relating to the transferred deleted text begin lump-sum account or monthly benefit retirementdeleted text end new text begin fire
department new text end account, except for claims alleging any act or acts by the plan or its fiduciaries
that were not done in good faith or that constituted a breach of fiduciary responsibility under
chapter 356A.
(d) The value of each volunteer firefighter's benefit in the plan on the day before the
asset transfer shall be no less than the value of the volunteer firefighter's benefit on the day
after the asset transfer. The relief association shall give credit, with respect to each firefighter
whose benefit is being transferred, for all past service, including service credit with the plan
and with any predecessor relief association, to the extent credit is given for such service in
the records of the plan for that firefighter.
(e) Upon completion of the transfer of records, assets, and liabilities, the executive
director shall provide written notice to the state auditor, the commissioner of revenue, and
the secretary of state that the transfer is complete.
Minnesota Statutes 2024, section 353G.19, subdivision 1, is amended to read:
(a) A participating employer associated
with a fire department covered by the defined benefit plan, including an entity previously
affiliated with a defined benefit relief association when the entity made a request for coverage
by the defined contribution plan under section 353G.05, subdivision 1b, paragraph (c), may
convert to coverage by the defined contribution plan in accordance with this section.
(b) Conversion from coverage by the defined benefit plan to coverage by the defined
contribution plan consists of:
(1) a resolution by the governing body of the participating employer;
(2) notice to all former and active volunteer firefighters of the fire department;
(3) full vesting new text begin on the conversion effective date new text end of all active and former volunteer
firefighters with an accrued benefit in the defined benefit plan attributable to service with
the fire departmentnew text begin , to the extent funded as of the conversion effective datenew text end ; and
(4) allocation of surplus over full funding, if any, to individual accounts in the fire
department's new account in the defined contribution plan.
(c) For an entity previously affiliated with a defined benefit relief association when the
entity made a request for coverage by the defined contribution plan under section 353G.05,
subdivision 1b, paragraph (c), a conversion must occur under paragraph (b) immediately
after coverage by the retirement plan of the entity's fire department and the entity's volunteer
firefighters takes effect.
Minnesota Statutes 2024, section 353G.19, subdivision 2, is amended to read:
To initiate a conversion, the governing
body of the participating employer must file with the executive director at least 30 days
before the end of a calendar year:
(1) a resolution that states that the fire department elects to participate in the defined
contribution plan effective on the conversion effective date, which is the first day of the
next calendar year; and
(2) ifnew text begin , as of the valuation immediately preceding the conversion effective date,new text end the fire
department account had a deficit from full funding as defined under section 353G.08,
subdivision 1, paragraph (c), or the special fund of the defined benefit relief association had
a deficit from full funding as defined in section 424A.092, subdivision 3, paragraph (b), a
resolution approving a contribution to the retirement plan in the amount necessary to
eliminate the deficit, which is to be paid within 30 days of the filing of the resolution or in
installments over three years, with the first payment to be made within 30 days of the filing
of the resolution.
Minnesota Statutes 2024, section 353G.19, subdivision 3, is amended to read:
The participating employer must provide notice to all
active and former volunteer firefighters in the fire department at least 30 days before the
conversion effective date. The notice must include:
(1) an explanation that the plan is converting from a defined benefit plan to a defined
contribution plan, including definitions of those terms, on the conversion effective date and
that the active and former volunteer firefighters will become deleted text begin fullydeleted text end vested in their accrued
benefit new text begin to the extent funded new text end as of the conversion effective date;
(2) a summary of the terms of the defined contribution plan;
(3) a section tailored to each volunteer firefighter that provides an estimate of the present
value of the participant's deleted text begin fullydeleted text end vested accrued benefit and the calculation that resulted in
that value;
(4) an estimate of any anticipated surplus and an explanation of the allocation of the
surplus; and
(5) contact information for the chief administrative officer or chief financial officer of
the participating employer and the designated staff member of the retirement plan who will
answer questions and directions to a website.
Minnesota Statutes 2024, section 353G.19, subdivision 4, is amended to read:
(a) On the conversion
effective date, each active or former volunteer firefighter with a retirement benefit under
the defined benefit plan, except any retiree in pay status who is receiving a monthly benefit,
becomes 100 percent vested new text begin or, if the defined benefit plan does not have sufficient assets
to fund 100 percent vesting, as close to 100 percent vested as the funding permits, new text end as of the
conversion effective date in the firefighter's retirement benefit, without regard to the number
of years of vesting service credit.
(b) The executive director must determine the present value of each active or former
firefighter's accrued benefit as of the conversion effective date, taking into account the full
vesting requirement under paragraph (a).
Minnesota Statutes 2024, section 353G.19, subdivision 5, is amended to read:
If the fire department account has a surplus over
full funding, as defined under section 353G.08, subdivision 1, paragraph (c), the executive
director must allocate the surplus over full funding to the individual account of each active
deleted text begin and formerdeleted text end volunteer firefighter, deleted text begin except any former volunteer firefighter receiving an annuity,deleted text end
in the same proportion that the volunteer firefighter's accrued benefit bears to the total
accrued benefits of all active deleted text begin and formerdeleted text end volunteer firefighters.
new text begin
Sections 1 to 11 are effective the day following final enactment, except the amendment
to section 1, paragraph (b), clause (2), is effective beginning with actuarial valuations on
or after July 1, 2025.
new text end
Minnesota Statutes 2024, section 354B.215, subdivision 3, is amended to read:
(a) An eligible person is a person who:
(1) is employed by Minnesota State;
(2) has an account in the individual retirement account plan; deleted text begin and
deleted text end
(3) deleted text begin satisfiesdeleted text end new text begin was previously eligible to elect coverage by the Teachers Retirement
Association under one or more sections of chapter 354B or any prior version of chapter
354B; and
new text end
new text begin (4) is not disqualified because Minnesota State produces one or more of the items listed
in new text end paragraph (b).
(b) A person deleted text begin satisfies this paragraphdeleted text end new text begin is not an eligible personnew text end if Minnesota State deleted text begin is not
able to producedeleted text end new text begin produces new text end at least one of the following items by the end of the deleted text begin 60-daydeleted text end new text begin 75-daynew text end
period under subdivision 4, paragraph (b):
(1) a record indicating that the person received notice regarding the person's eligibility
to elect deleted text begin prospectivedeleted text end coverage by the Teachers Retirement Association deleted text begin within the election
period under section 354B.211, subdivision 4 or 6, or its predecessordeleted text end new text begin during the person's
first year of eligibility to participate in the individual retirement account plannew text end ;
new text begin
(2) a record indicating that the person received notice regarding the person's eligibility
to elect coverage by the Teachers Retirement Association during the person's first year after
attaining tenure or comparable permanent status;
new text end
deleted text begin (2)deleted text end new text begin (3)new text end a record that the person elected retirement coverage by the individual retirement
account plan; or
deleted text begin (3)deleted text end new text begin (4)new text end other credible documentation demonstrating that the person was aware of the
person's right to elect retirement coverage by the Teachers Retirement Association.
new text begin
(c) The record described in paragraph (b), clause (1), is not effective to disqualify a
person if the person was eligible to elect coverage by the Teachers Retirement Association
during the person's first year after attaining tenure or comparable permanent status.
new text end
new text begin
This section is effective retroactively from January 1, 2025.
new text end
Minnesota Statutes 2024, section 354B.215, subdivision 4, is amended to read:
(a)
To elect coverage by the Teachers Retirement Association, an eligible person must submit
a written application to the chancellor on a form provided by Minnesota State. The application
must include:
(1) an attestation that the person was not informed of the right to elect a transfer from
the individual retirement account plan to the Teachers Retirement Association and the person
was unaware of the right to elect such a transfer;
(2) the date on which the person first became a participant in the individual retirement
account plan;
(3) a signed release authorizing Minnesota State to provide employment and other
personnel information to the Teachers Retirement Association; and
(4) any other information that Minnesota State may require.
(b) No later than deleted text begin 60deleted text end new text begin 75new text end days after receipt of the application under paragraph (a), Minnesota
State must verify the information provided by the person in the application, determine
whether the person is an eligible person under subdivision 3, and provide a written response
to the person regarding the determination of eligibility. If Minnesota State determines that
the person is not an eligible person, Minnesota State must new text begin specify the reason or reasons for
its determination and, if applicable, new text end include a copy of any documentation identified in
subdivision 3, paragraph (b), in its written response to the person.
(c) If Minnesota State determines that the person is an eligible person under subdivision
3, Minnesota State must forward to the executive director:
(1) the application;
(2) confirmation or modification of the information provided by the eligible person in
the application;
(3) salary history for the eligible person;
(4) an estimate of the amount available for transfer from the eligible person's account
in the individual retirement account plan to the Teachers Retirement Association; and
(5) any other relevant information.
new text begin
This section is effective retroactively from January 1, 2025.
new text end
Minnesota Statutes 2024, section 423A.022, subdivision 2, is amended to read:
(a) Of the total amount appropriated as supplemental state aid:
(1) 58.064 percent must be paid to the executive director of the Public Employees
Retirement Association for deposit in the public employees police and fire retirement fund
established by section 353.65, subdivision 1;
(2) 35.484 percent must be new text begin allocated and new text end paid new text begin as required by paragraphs (b) and (c),
respectively,new text end to new text begin or on behalf of new text end municipalities deleted text begin other than municipalities solelydeleted text end deleted text begin employing
firefighters with retirement coverage provided by deleted text end deleted text begin the public employees police deleted text end deleted text begin and fire
retirement plan whichdeleted text end deleted text begin qualified to receive fire state aid in that calendar year, allocated in
deleted text end deleted text begin proportion deleted text end deleted text begin todeleted text end deleted text begin the most recent amount of fire state aid paid under section deleted text end deleted text begin , for deleted text end deleted text begin the
municipality bears to the most recent total fire state aid deleted text end deleted text begin for deleted text end deleted text begin all municipalities other than the
municipalities solely employing firefighters with retirement deleted text end deleted text begin coverage provided by deleted text end deleted text begin the
Publicdeleted text end deleted text begin Employees police and fire Retirement plan paid under section 477B.04, with the
allocated amount for fire departments participating in the statewide lump-sum volunteer
firefighter plan paid to the executive director of the Public Employees Retirement Association
for deposit in the fund established by section 353G.02, subdivision 3, and credited to the
respective account and with the balance paid to the treasurer of each municipality for
transmittal within 30 days of receipt to the treasurer of the applicable firefighters relief
association for deposit in its special funddeleted text end new text begin who qualify for supplemental state aid under
paragraph (d)new text end ; and
(3) 6.452 percent must be paid to the executive director of the Minnesota State Retirement
System for deposit in the state patrol retirement fund.
new text begin
(b) Supplemental state aid under paragraph (a), clause (2), must be allocated to each
municipality that qualifies for supplemental state aid under paragraph (d) in the same
proportion that the most recent amount of fire state aid paid under section 477B.04 for the
municipality bears to the most recent total fire state aid paid under section 477B.04 for all
municipalities other than municipalities solely employing firefighters with retirement
coverage by one or more pension plans under chapter 353.
new text end
new text begin
(c) Supplemental state aid under paragraph (a), clause (2), must be paid:
new text end
new text begin
(1) to the executive director of the Public Employees Retirement Association for each
municipality with a fire department that participates in the statewide volunteer firefighter
plan for deposit in the fund established by section 352G.02, subdivision 3, and credited to
the fire department's account; and
new text end
new text begin
(2) with the balance to the treasurer of each municipality for transmittal within 30 days
of receipt to the treasurer of the applicable firefighters relief association for deposit in its
special fund.
new text end
new text begin
(d) A municipality qualifies for supplemental state aid under paragraph (a), clause (2),
if the municipality:
new text end
new text begin
(1) does not solely employ firefighters with retirement coverage provided by one or
more pension plans established under chapter 353; and
new text end
new text begin
(2) qualified to receive fire state aid in that calendar year.
new text end
deleted text begin (b)deleted text end new text begin (e)new text end For purposes of this section, the term "municipalities" includes independent
nonprofit firefighting corporations that participate in the statewide deleted text begin lump-sumdeleted text end volunteer
firefighter plan under chapter 353G or with subsidiary deleted text begin volunteerdeleted text end firefighter relief associations
operating under chapter 424A.
Minnesota Statutes 2024, section 423A.022, subdivision 3, is amended to read:
On or before September 1, annually, the executive director of the
Public Employees Retirement Association shall report to the commissioner of revenue the
following:
(1) the municipalities deleted text begin whichdeleted text end new text begin thatnew text end employ firefighters with retirement coverage by the
public employees police and fire retirement plan;
new text begin
(2) the municipalities that employ firefighters with retirement coverage by the general
employees retirement plan;
new text end
deleted text begin (2)deleted text end new text begin (3) new text end the fire departments covered by the statewide deleted text begin lump-sumdeleted text end volunteer firefighter
plan; and
deleted text begin (3)deleted text end new text begin (4) new text end any other information requested by the commissioner to administer the police
and firefighter retirement supplemental state aid program.
Minnesota Statutes 2024, section 424A.014, subdivision 5, is amended to read:
(a) The chief administrative
officer of each municipality that has a fire department but does not have a relief association
governed by sections 424A.091 to 424A.095 or Laws 2014, chapter 275, article 2, section
23, and that is not exempted under paragraph (b) or (c) must annually prepare a detailed
financial report of the receipts and disbursements by the municipality for fire protection
service during the preceding calendar year on a form prescribed by the state auditor. The
financial report must contain any information that the state auditor deems necessary to
disclose the sources of receipts and the purpose of disbursements for fire protection service.
The financial report must be signed by the municipal clerk or clerk-treasurer with the state
auditor on or before July 1 annually. The municipality does not qualify initially to receive,
and is not entitled subsequently to retain, any fire state aid and police and firefighter
retirement supplemental state aid payable under chapter 477B and section 423A.022 if the
financial reporting requirement or the applicable requirements of any other statute or special
law have not been complied with or are not fulfilled.
(b) Each municipality that has a fire department and provides retirement coverage to its
firefighters through the statewide volunteer firefighter plan under chapter 353G qualifies
to have fire state aid transmitted to and retained in the statewide volunteer firefighter
retirement fund without filing a detailed financial report if the executive director of the
Public Employees Retirement Association certifies compliance by the municipality with
the requirements of sections 353G.04 and 353G.08, subdivision 1, paragraph (e), and certifies
compliance by the applicable fire chief with the requirements of section 353G.07.
(c) Each municipality qualifies to receive fire state aid under chapter 477B without filing
a financial report under paragraph (a) if the municipality:
(1) has a fire department;
(2) does not have a firefighters relief association directly associated with its fire
department;
(3) does not participate in the statewide volunteer firefighter retirement plan under
chapter 353G;
(4) provides retirement coverage to its firefighters through the new text begin general employees
retirement plan under chapter 353 or the new text end public employees police and fire retirement plan
under sections 353.63 to 353.68; and
(5) is certified by the executive director of the Public Employees Retirement Association
to the state auditor to have had an employer contribution under sectionnew text begin 353.27, subdivisions
3 and 3a, ornew text end 353.65, subdivision 3, for its firefighters for the immediately prior calendar
year equal to or greater than its fire state aid for the immediately prior calendar year.
Minnesota Statutes 2024, section 424A.08, is amended to read:
(a) deleted text begin Anydeleted text end new text begin A new text end municipality deleted text begin whichdeleted text end new text begin that new text end is entitled to receive fire state aid deleted text begin but which has nodeleted text end
new text begin must deposit the fire state aid in a special account established for that purpose in the
municipal treasury and disburse the fire state aid in accordance with paragraph (b) or (c),
as applicable, if the municipality's fire department is not directly associated with a new text end firefighters
relief association deleted text begin directly associated with its fire departmentdeleted text end and deleted text begin whichdeleted text end new text begin is not a participating
employer in the statewide volunteer firefighter plan under chapter 353G.
new text end
new text begin (b) If the municipality new text end has no deleted text begin full-timedeleted text end firefighters with retirement coverage by the public
employees police and fire retirement plan deleted text begin shall deposit the fire state aid in a special account
established for that purpose in the municipal treasury. Disbursementdeleted text end new text begin and no part-time
firefighters with retirement coverage by the general employees retirement plan under chapter
353, the municipality must not disburse fire state aid new text end from the special account deleted text begin may not be
madedeleted text end for any purpose except:
(1) payment of the fees, dues and assessments to the Minnesota State Fire Department
Association and to the state Volunteer Firefighters Benefit Association in order to entitle
its firefighters to membership in and the benefits of these state associations;
(2) payment of the cost of purchasing and maintaining needed equipment for the fire
department; and
(3) payment of the cost of construction, acquisition, repair, or maintenance of buildings
or other premises to house the equipment of the fire department.
deleted text begin (b) Adeleted text end new text begin (c) If the new text end municipality deleted text begin which is entitled to receive fire state aid, which has no
firefighters relief association directly associated with its fire department, which does not
participate in the statewide volunteer firefighter plan under chapter 353G, and whichdeleted text end has
deleted text begin full-timedeleted text end firefighters with retirement coverage by the public employees police and fire
retirement plan new text begin or part-time firefighters with retirement coverage by the general employees
retirement plan or both full-time and part-time firefighters with the applicable retirement
coverage, the municipality new text end may disburse the fire state aid deleted text begin asdeleted text end new text begin :
new text end
new text begin (1) as new text end provided in paragraph deleted text begin (a),deleted text end new text begin (b);
new text end
new text begin (2) new text end for the payment of deleted text begin thedeleted text end employer deleted text begin contribution requirement with respect todeleted text end new text begin contributions
under section 353.65, subdivision 3, for any new text end firefighters covered by the public employees
police and fire retirement plan deleted text begin under section 353.65, subdivision 3,deleted text end new text begin ;
new text end
new text begin (3) for the payment of employer contributions for any firefighters covered by the general
employees retirement plan under section 353.27, subdivisions 3 and 3a;new text end or
new text begin (4)new text end for a combination of the deleted text begin two types of disbursementsdeleted text end new text begin payments authorized under
clauses (1) to (3)new text end .
deleted text begin (c)deleted text end new text begin (d) new text end A municipality that has no firefighters relief association directly associated with
it and that participates in the statewide volunteer firefighter plan under chapter 353G shall
transmit any fire state aid that it receives to the statewide volunteer firefighter fund.
Minnesota Statutes 2024, section 477B.02, subdivision 3, is amended to read:
(a) The fire department must:
(1) be associated with a firefighters relief association that provides retirement benefits;
(2) participate in new text begin and have firefighters receiving credit for service toward a retirement
benefit under new text end the statewide volunteer firefighter plan;
(3) have retirement coverage under the public employees police and fire retirement plan
new text begin or the Public Employees Retirement Association general employees retirement plan new text end for the
new text begin fire new text end department's full-time firefighters, as defined in section 299N.03, subdivision 5, deleted text begin or the
fire department'sdeleted text end part-time firefighters, or deleted text begin the fire department'sdeleted text end new text begin both new text end full-time firefighters
and part-time firefighters; or
(4) satisfy either clauses (1) and (3) or clauses (2) and (3).
(b) For purposes of retirement benefits, a fire department may be associated with only
one firefighters relief association or one account in the statewide firefighters retirement plan
at one time.
(c) Notwithstanding paragraph (a), a municipality without a relief association as described
under section 424A.08, paragraph (a), may still qualify to receive fire state aid if all other
requirements of this section are met.
Minnesota Statutes 2024, section 477B.02, subdivision 8, is amended to read:
new text begin (a) new text end On or before February 1 each year,
the executive director of the Public Employees Retirement Association must certify to the
commissioner the fire departments that transferred retirement coverage to, or terminated
participation in, the deleted text begin voluntarydeleted text end statewide volunteer firefighter retirement plan since the
previous certification under this paragraph. This certification must include the number of
active deleted text begin volunteerdeleted text end firefighters under section 477B.03, subdivision 5, paragraph (e).
new text begin
(b) On or before February 1 each year, the executive director of the Public Employees
Retirement Association must certify to the commissioner:
new text end
new text begin
(1) the fire departments that participate in the statewide volunteer firefighter plan and
have no firefighters receiving credit for service toward a retirement benefit under the
statewide volunteer firefighter plan; and
new text end
new text begin
(2) the fire departments that employ part-time firefighters who are covered by the general
employees retirement plan.
new text end
Minnesota Statutes 2024, section 477B.03, subdivision 5, is amended to read:
(a) The minimum fire state aid
allocation amount is the amount derived from any additional funding amount to support a
minimum fire state aid amount under section 423A.02, subdivision 3. The minimum fire
state aid allocation amount is allocated to municipalities or independent nonprofit firefighting
corporations with deleted text begin volunteerdeleted text end firefighters' relief associations or covered by the statewide
volunteer firefighter plan. The amount is based on the number of active deleted text begin volunteerdeleted text end firefighters
who are (1) members of the relief association as reported to the Office of the State Auditor
in a specific annual financial reporting year as specified in paragraphs (b) to (d), or (2)
covered by the statewide volunteer firefighter plan as specified in paragraph (e).
(b) For relief associations established in calendar year 1993 or a prior year, the number
of active deleted text begin volunteerdeleted text end firefighters equals the number of active deleted text begin volunteerdeleted text end firefighters who were
members of the relief association as reported in the annual financial reporting for calendar
year 1993, but not to exceed 30 active deleted text begin volunteerdeleted text end firefighters.
(c) For relief associations established in calendar year 1994 through calendar year 1999,
the number of active deleted text begin volunteerdeleted text end firefighters equals the number of active deleted text begin volunteerdeleted text end firefighters
who were members of the relief association as reported in the annual financial reporting for
calendar year 1998 to the Office of the State Auditor, but not to exceed 30 active deleted text begin volunteerdeleted text end
firefighters.
(d) For relief associations established after calendar year 1999, the number of active
deleted text begin volunteerdeleted text end firefighters equals the number of active deleted text begin volunteerdeleted text end firefighters who are members
of the relief association as reported in the first annual financial reporting submitted to the
Office of the State Auditor, but not to exceed 20 active deleted text begin volunteerdeleted text end firefighters.
(e) For a municipality or independent nonprofit firefighting corporation that is providing
retirement coverage for deleted text begin volunteerdeleted text end firefighters by the statewide volunteer firefighter plan
under chapter 353G, the number of active deleted text begin volunteerdeleted text end firefighters equals the number of active
deleted text begin volunteerdeleted text end firefighters of the municipality or independent nonprofit firefighting corporation
covered by the statewide plan as certified by the executive director of the Public Employees
Retirement Association to the commissioner and the state auditor within 30 days of the date
the municipality or independent nonprofit firefighting corporation begins coverage in the
plan, but not to exceed 30 active firefighters.
Minnesota Statutes 2024, section 477B.03, subdivision 7, is amended to read:
A municipality, an independent nonprofit firefighting corporation, a
deleted text begin firedeleted text end new text begin firefighter new text end relief association, or the statewide volunteer firefighter plan may object to
the amount of fire state aid apportioned to it by filing a written request with the commissioner
to review and adjust the apportionment of funds within the state. The objection of a
municipality, an independent nonprofit firefighting corporation, a deleted text begin firedeleted text end new text begin firefighter new text end relief
association, or the deleted text begin voluntarydeleted text end statewide volunteer firefighter retirement plan must be filed
with the commissioner within 60 days of the date the amount of apportioned fire state aid
is paid. The decision of the commissioner is subject to appeal, review, and adjustment by
the district court in the county in which the applicable municipality or independent nonprofit
firefighting corporation is located or by the Ramsey County District Court with respect to
the statewide volunteer firefighter plan.
Minnesota Statutes 2024, section 477B.04, subdivision 3, is amended to read:
(a) This paragraph applies if the municipality or the
independent nonprofit firefighting corporation deleted text begin isdeleted text end new text begin has firefighters new text end covered by the statewide
volunteer firefighter plan. If this paragraph applies and the executive director of the Public
Employees Retirement Association has not approved an aid allocation plan under section
477B.041, the executive director must credit the fire state aid against future municipal
contribution requirements under section 353G.08 and must notify the municipality or the
independent nonprofit firefighting corporation of the fire state aid so credited at least
annually. If this paragraph applies and the executive director has approved an aid allocation
plan under section 477B.041, the executive director must allocate fire state aid in the manner
described under section 477B.041.
(b) If (1) the municipality or the independent nonprofit firefighting corporation deleted text begin isdeleted text end new text begin does
new text end not new text begin have firefighters new text end covered by the statewide volunteer firefighter plan and is affiliated
with a duly incorporated firefighters relief association, (2) the relief association has filed a
financial report with the municipality pursuant to section 424A.014, subdivision 1 or 2,
whichever applies, and (3) there is not an aid allocation agreement under section 477B.042
in effect, then the treasurer of the municipality must, within 30 days after receipt, transmit
the fire state aid to the treasurer of the relief association. If clauses (1) and (2) are satisfied
and there is an aid allocation agreement under section 477B.042 in effect, then fire state aid
must be transmitted as described in that section. If the relief association has not filed a
financial report with the municipality, then, regardless of whether an aid allocation agreement
is in effect, the treasurer of the municipality must delay transmission of the fire state aid to
the relief association until the complete financial report is filed.
(c) The treasurer of the municipality must deposit the fire state aid money in the municipal
treasury if (1) the municipality or independent nonprofit firefighting corporation deleted text begin isdeleted text end new text begin does new text end not
new text begin have firefighters new text end covered by the statewide volunteer firefighter plan, (2) there is no relief
association organized, (3) the association has dissolved, or (4) the association has been
removed as trustees of state aid. The money may be disbursed from the municipal treasury
only for the purposes and in the manner set forth in section 424A.08 or for the payment of
the employer contribution requirement with respect to firefighters covered by the public
employees police and fire retirement plan under section 353.65, subdivision 3.
Minnesota Statutes 2024, section 477B.04, subdivision 4, is amended to read:
(a) deleted text begin Andeleted text end new text begin The commissioner must make any new text end adjustment
needed to correct a fire state aid overpayment or underpayment due to a clerical error deleted text begin must
be madedeleted text end to subsequent fire state aid payments as provided in paragraphs (b) and (c). The
new text begin commissioner's new text end authority to correct an aid payment under this subdivision is limited to three
years after the payment was issued.
(b) If an overpayment equals more than ten percent of the most recently paid aid amount,
the commissioner must reduce the aid a municipality or independent nonprofit firefighting
corporation is to receive by the amount overpaid over a period of no more than three years.
If an overpayment equals or is less than ten percent of the most recently paid aid amount,
the commissioner must reduce the next aid payment occurring in 30 days or more by the
amount overpaid.
(c) In the event of an underpayment, the commissioner must distribute the amount of
underpaid funds to the municipality or independent nonprofit firefighting corporation over
a period of no more than three years. An additional distribution to a municipality or
independent nonprofit firefighting corporation must be paid from the general fund and must
not diminish the payments made to other municipalities or independent nonprofit firefighting
corporations under this chapter.
new text begin
Sections 1 to 10 are effective beginning with aids payable in 2026.
new text end
Minnesota Statutes 2024, section 11A.07, subdivision 4, is amended to read:
The director, at the direction of the state board, shall:
(1) plan, direct, coordinate, and execute administrative and investment functions in
conformity with the policies and directives of the state board and the requirements of this
chapter and of chapter 356A;
(2) prepare and submit biennial and annual budgets to the board and with the approval
of the board submit the budgets to the Department of Management and Budget;
(3) employ professional and clerical staff as necessary;
(4) report to the state board on all operations under the director's control and supervision;
(5) maintain accurate and complete records of securities transactions and official
activities;
(6) establish a policy, which is subject to state board approval, relating to the purchase
and sale of securities on the basis of competitive offerings or bids;
(7) cause securities acquired to be kept in the custody of the commissioner of management
and budget or other depositories consistent with chapter 356A, as the state board deems
appropriate;
(8) prepare and file with the director of the Legislative Reference Librarydeleted text begin , by December
31 of each year,deleted text end a report summarizing the activities of the state board, the council, and the
director during the preceding fiscal year;
(9) include on the state board's website its annual report and an executive summary of
its quarterly reports;
(10) require state officials from any department or agency to produce and provide access
to any financial documents the state board deems necessary in the conduct of its investment
activities;
(11) receive and expend legislative appropriations; and
(12) undertake any other activities necessary to implement the duties and powers set
forth in this subdivision consistent with chapter 356A.
Minnesota Statutes 2024, section 11A.07, subdivision 4b, is amended to read:
The report required under subdivision 4, clause (8), must
include an executive summarynew text begin , must be prepared and filed after the completion of the
applicable fiscal year audit but no later than March 31 of each year,new text end and must be prepared
so as to provide the legislature and the people of the state with:
(1) a clear, comprehensive summary of the portfolio composition, the transactions, the
total annual rate of return, and the yield to the state treasury and to each of the funds with
assets invested by the state board; and
(2) the recipients of business placed or commissions allocated among the various
commercial banks, investment bankers, money managers, and brokerage organizations and
the amount of these commissions or other fees.
new text begin
Minnesota Statutes 2024, section 11A.27,
new text end
new text begin
is repealed.
new text end
new text begin
Sections 1 to 3 are effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 124E.12, subdivision 4, is amended to read:
(a) Teachers in a charter school
must be public school teachers for the purposes of chapters 354 and 354A deleted text begin governing the
Teacher Retirement Actdeleted text end .
(b) Except for teachers under paragraph (a), employees in a charter school must be public
employees for the purposes of chapter 353 deleted text begin governing the Public Employees Retirement
Actdeleted text end .
Minnesota Statutes 2024, section 124E.12, subdivision 6, is amended to read:
If a teacher employed by a district makes
a written request for an extended leave of absence to teach at a charter school, the district
must grant the leave. The district must grant a leave not to exceed a total of five years. Any
request to extend the leave shall be granted only at the discretion of the school board. The
district may require a teacher to make the request for a leave or extension of leave before
February 1 in the school year preceding the school year in which the teacher intends to
leave, or February 1 of the calendar year in which the teacher's leave is scheduled to
terminate. Except as otherwise provided in this subdivision and section 122A.46, subdivision
7, governing employment in another district, the leave is governed by section 122A.46,
including, but not limited to, reinstatement, notice of intention to return, seniority, salary,
and insurance.
During a leave, the teacher may continue to deleted text begin aggregate benefits and creditsdeleted text end new text begin earn service
and salary credit toward a pension new text end in the Teachers' Retirement Association deleted text begin accountdeleted text end new text begin or the
St. Paul Teachers Retirement Fund Association new text end under chapters 354 and 354A, new text begin respectively,
new text end consistent with subdivision 4.
Minnesota Statutes 2024, section 181.101, is amended to read:
(a) Except as provided in paragraph (b), every employer must pay all wages, including
salary, earnings, and gratuities earned by an employee at least once every 31 days and all
commissions earned by an employee at least once every three months, on a regular payday
designated in advance by the employer regardless of whether the employee requests payment
at longer intervals. Unless paid earlier, the wages earned during the first half of the first
31-day pay period become due on the first regular payday following the first day of work.
If wages or commissions earned are not paid, the commissioner of labor and industry or the
commissioner's representative may serve a demand for payment on behalf of an employee.
In addition to other remedies under section 177.27, if payment of wages is not made within
ten days of service of the demand, the commissioner may charge and collect the wages
earned at the employee's rate or rates of pay or at the rate or rates required by law, including
any applicable statute, regulation, rule, ordinance, government resolution or policy, contract,
or other legal authority, whichever rate of pay is greater, and a penalty in the amount of the
employee's average daily earnings at the same rate or rates for each day beyond the ten-day
limit following the demand. If payment of commissions is not made within ten days of
service of the demand, the commissioner may charge and collect the commissions earned
and a penalty equal to 1/15 of the commissions earned but unpaid for each day beyond the
ten-day limit. Money collected by the commissioner must be paid to the employee concerned.
This section does not prevent an employee from prosecuting a claim for wages. This section
does not prevent a school district, other public school entity, or other school, as defined
under section 120A.22, from paying any wages earned by its employees during a school
year on regular paydays in the manner provided by an applicable contract or collective
bargaining agreement, or a personnel policy adopted by the governing board. For purposes
of this section, "employee" includes a person who performs agricultural labor as defined in
section 181.85, subdivision 2. For purposes of this section, wages are earned on the day an
employee works. This section provides a substantive right for employees to the payment of
wages, including salary, earnings, and gratuities, as well as commissions, in addition to the
right to be paid at certain times.
(b) An employer of a volunteer new text begin or paid on-call new text end firefighter, as defined in section 424A.001,
subdivision 10, a member of an organized first responder squad that is formally recognized
by a political subdivision in the state, or a volunteer ambulance driver or attendant must
pay all wages earned by the volunteer firefighter, first responder, or volunteer ambulance
driver or attendant at least once every 31 days, unless the employer and the employee
mutually agree upon payment at longer intervals.
Minnesota Statutes 2024, section 356.633, subdivision 1, is amended to read:
(a) For purposes of this section, the following terms have
the meanings given.
new text begin
(b) "Covered retirement plan" means a pension or retirement plan listed in section
356.611, subdivision 6, and the Minnesota deferred compensation plan established under
section 352.965.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end "Distributee" means:
(1) anew text begin member of ornew text end participant in a covered retirement plan deleted text begin listed in section 356.611,
subdivision 6deleted text end ;
(2) the surviving spouse of anew text begin member of ornew text end participantnew text begin in a covered retirement plannew text end ;
(3) the former spouse of deleted text begin thedeleted text end new text begin a member of ornew text end participantnew text begin in a covered retirement plannew text end who
is the alternate payee under a qualified domestic relations order as defined in section 414(p)
of the Internal Revenue Code, or who is a recipient of a court-ordered equitable distribution
of marital property, as provided in section 518.58; or
(4) a nonspousal beneficiary of anew text begin member of ornew text end participantnew text begin in a covered retirement plannew text end
who qualifies for a distribution under the plan and is a designated beneficiary as defined in
section 401(a)(9)(E) of the Internal Revenue Code.
deleted text begin (c)deleted text end new text begin (d)new text end "Eligible retirement plan" means:
(1) an individual retirement account under section 408(a) or 408A of the Internal Revenue
Code;
(2) an individual retirement annuity plan under section 408(b) of the Internal Revenue
Code;
(3) an annuity plan under section 403(a) of the Internal Revenue Code;
(4) a qualified trust plan under section 401(a) of the Internal Revenue Code that accepts
deleted text begin the distributee'sdeleted text end eligible rollover deleted text begin distributiondeleted text end new text begin distributionsnew text end ;
(5) an annuity contract under section 403(b) of the Internal Revenue Code;
(6) an eligible deferred compensation plan under section 457(b) of the Internal Revenue
Code, deleted text begin whichdeleted text end new text begin including the Minnesota deferred compensation plan, thatnew text end is maintained by a
state or local governmentnew text begin , accepts eligible rollover distributions,new text end and deleted text begin whichdeleted text end agrees to
separately account for the amounts transferred into the plan;
(7) deleted text begin in the case of an eligible rollover distribution to adeleted text end new text begin if the distributee is a surviving
spouse ornew text end nonspousal beneficiary, an individual account or annuity treated as an inherited
individual retirement account under section 402(c)(11) of the Internal Revenue Code; or
(8) a savings incentive match plan for employees of small employers (SIMPLE) individual
retirement account under section 408(p) of the Internal Revenue Code, provided that the
rollover distribution is made after the two-year period beginning on the date the distributee
first participated in any qualified salary reduction arrangement maintained by the distributee's
employer under section 408(p)(2) of the Internal Revenue Code, as described in section
72(t)(6) of the Internal Revenue Code.
deleted text begin (d)deleted text end new text begin (e)new text end "Eligible rollover distribution" means any distribution of all or any portion of the
balance to the credit of the distributee. An eligible rollover distribution does not include:
(1) a distribution that is one of a series of substantially equal periodic payments,
receivable annually or more frequently, that is made for the life or life expectancy of the
distributee, the joint lives or joint life expectancies of the distributee and the distributee's
designated beneficiary, or for a specified period of ten years or more;
(2) a distribution that is required under section 401(a)(9) of the Internal Revenue Code;
deleted text begin or
deleted text end
new text begin
(3) a distribution that is less than $200; or
new text end
deleted text begin (3)deleted text end new text begin (4)new text end any other exception required by law or the Internal Revenue Code.
Minnesota Statutes 2024, section 356.633, subdivision 2, is amended to read:
Except as provided in subdivision 3 for after-tax
contributions, a distributee may elect, at the time and in the manner prescribed by the plan
administrator, to have all or any portion of an eligible rollover distributionnew text begin from a covered
retirement plannew text end paid directly to an eligible retirement plan as specified by the distributee.
Minnesota Statutes 2024, section 356.633, is amended by adding a subdivision to
read:
new text begin
A covered retirement plan must provide the distributee of an eligible
rollover distribution from the covered retirement plan with the notice required by section
402(f) of the Internal Revenue Code within the time period prior to making the eligible
rollover distribution, as required by regulations issued pursuant to section 402(f) of the
Internal Revenue Code.
new text end
new text begin
A covered retirement plan as defined in section 356.633, subdivision 1, paragraph (b),
must require contributions and provide benefits, including death and disability benefits
under section 401(a)(37) of the Internal Revenue Code, and service credit with respect to
qualified military service according to section 414(u) of the Internal Revenue Code. If a
member dies while the member is performing qualified military service as defined in United
States Code, title 38, chapter 43, to the extent required by section 401(a)(37) of the Internal
Revenue Code, survivors of the member are entitled to any additional benefits that the
covered retirement plan would have provided if the member had resumed employment and
then died, including but not limited to accelerated vesting or survivor benefits that are
contingent on the member's death while employed. A deceased member's period of qualified
military service must be counted for vesting purposes.
new text end
Minnesota Statutes 2024, section 424B.22, subdivision 1, is amended to read:
(a) Notwithstanding any laws to the contrary, this section
applies to:
(1) the termination of a retirement plan established and administered by a relief
association, whether or not the relief association is also dissolved or eliminated; and
(2) the dissolution of a relief association that is not consolidating with another relief
association under sections 424B.01 to 424B.10.
new text begin (b) new text end This section does not apply to the dissolution of a relief association or the termination
of a retirement plan that occurs due to the change in retirement coverage from a retirement
plan administered by a relief association to the Public Employees Retirement Association
statewide volunteer firefighter plan under section 353G.06.
deleted text begin
(b) To terminate a retirement plan, the board of trustees must comply with subdivisions
3, 5 to 11, and, if desired, subdivision 4.
deleted text end
deleted text begin
(c) To dissolve a relief association, the board of trustees of the relief association must:
deleted text end
deleted text begin
(1) terminate the retirement plan in accordance with paragraph (b);
deleted text end
deleted text begin
(2) determine all legal obligations of the special and general funds of the relief association,
as required by subdivision 5;
deleted text end
deleted text begin
(3) take the actions required by subdivision 12; and
deleted text end
deleted text begin
(4) comply with the requirements governing dissolution of nonprofit corporations under
chapter 317A.
deleted text end
deleted text begin
(d) A relief association that terminates its retirement plan must liquidate its special fund
as provided in subdivision 8, but need not liquidate its general fund if the relief association
is not being dissolved.
deleted text end
Minnesota Statutes 2024, section 424B.22, is amended by adding a subdivision to
read:
new text begin
(a) To terminate a retirement plan,
the board of trustees must comply with subdivisions 3, 5 to 11, and, if desired, subdivision
4.
new text end
new text begin
(b) To dissolve a relief association, the board of trustees of the relief association must:
new text end
new text begin
(1) terminate the retirement plan in accordance with paragraph (a);
new text end
new text begin
(2) determine all legal obligations of the special and general funds of the relief association,
as required by subdivision 5;
new text end
new text begin
(3) take the actions required by subdivision 12; and
new text end
new text begin
(4) comply with the requirements governing dissolution of nonprofit corporations under
chapter 317A.
new text end
new text begin
(c) A relief association that terminates its retirement plan must liquidate its special fund
as provided in subdivision 8, but need not liquidate its general fund if the relief association
is not being dissolved.
new text end
Minnesota Statutes 2024, section 424B.22, subdivision 2, is amended to read:
(a) A relief association is dissolved
and the retirement plan administered by the relief association is terminated automatically
if:
(1) the fire department affiliated with a relief association is dissolved by action of the
governing body of the municipality in which the fire department is located or by the
governing body of the independent nonprofit firefighting corporation, whichever applies;
deleted text begin or
deleted text end
(2) the fire department affiliated with a relief association has terminated the employment
or services of all active members of the relief associationdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(3) the governing body with which the fire department is affiliated has resolved to transfer
the fire department's active firefighters who are members of the relief association to one or
more pension plans established under chapter 353 and has filed the resolution, if applicable,
with the Public Employees Retirement Association, and the relief association's retirement
plan will have no remaining active firefighters earning service toward a retirement benefit
when the transfer is completed.
new text end
(b) An involuntary termination of a relief association under this subdivision is effective
on the December 31 that is at least eight months after the date on which the fire department
is dissolved or the termination of employment or services of all active members of the relief
association occurs.
new text begin (c)new text end The board of trustees must comply with subdivisions 3 and 5 to 12. The board of
trustees may comply with subdivision 4. The state auditor has the discretion to waive these
requirements if the board of trustees requests a waiver in advance and provides adequate
demonstration that meeting these requirements is not practicable.
deleted text begin (c)deleted text end new text begin (d)new text end The retirement plan administered by a relief association is terminated automatically
if the relief association is dissolved, effective on the date of the dissolution of the relief
association.
Minnesota Statutes 2024, section 424B.22, subdivision 3, is amended to read:
(a) Unless
subdivision 2 applies, the effective date of the termination of a retirement plan is the date
approved by the board of trustees of the relief association. If the board of trustees does not
approve a termination date, the effective date of the termination of a retirement plan is the
effective date of the dissolution of the relief association or, if the relief association is not
being dissolved, the end of the calendar year in which the termination of employment or
services of all active members of the relief association occurs.
(b) As deleted text begin of the earlier of the retirement plan termination date or the date on which the
termination of employment or services of all active members of the relief association occursdeleted text end new text begin
required by section 356.001, subdivision 3new text end , each deleted text begin participant becomes fully (100 percent)deleted text end new text begin
member must become 100 percentnew text end vested in the deleted text begin participant'sdeleted text end new text begin member'snew text end retirement benefit
deleted text begin underdeleted text end new text begin accrued and funded to the earlier ofnew text end the retirement plannew text begin termination date or the date
on which the termination of employment or services of all active members of the relief
association occursnew text end , notwithstanding any bylaws or laws to the contrarydeleted text begin , except fordeleted text end new text begin .new text end new text begin For
purposes of this paragraph:
new text end
new text begin (1) "member" does not meannew text end any retiree in pay status who is receiving a monthly service
pension from a relief association described in section 424A.093deleted text begin .deleted text end new text begin ; and
new text end
new text begin
(2) crediting of interest on deferred service pensions under the terms of the bylaws of a
defined benefit relief association and section 424A.02, subdivision 7, ends on the retirement
plan termination date.
new text end
(c) If the relief association is a defined contribution relief association, the account of
each participant who becomes 100 percent vested under paragraph (b) shall include an
allocation of any forfeiture that is required, under the bylaws of the relief association, to
occur on or as of the end of the calendar year during which the termination of the retirement
plan is effective, if the participant is entitled to an allocation of forfeitures under the bylaws.
Any account so forfeited shall not be included in the retirement benefits that become 100
percent vested under paragraph (b).
new text begin
Minnesota Statutes 2024, section 356.635, subdivision 9,
new text end
new text begin
is repealed.
new text end
new text begin
Sections 1 to 12 are effective the day following final enactment.
new text end
Repealed Minnesota Statutes: S2884-2
No active language found for: 11A.27
No active language found for: 352.91.1
No active language found for: 352.91.2
No active language found for: 352.91.2a
No active language found for: 352.91.3c
No active language found for: 352.91.3d
No active language found for: 352.91.3e
No active language found for: 352.91.3f
No active language found for: 352.91.3g
No active language found for: 352.91.3h
No active language found for: 352.91.3i
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No active language found for: 352.91.4a
No active language found for: 352.91.4b
No active language found for: 352.91.4c
No active language found for: 352.91.6
"Medical facility" means a facility that has the primary purpose of providing medical care and that satisfies the definition of governmental subdivision under section 353.01, subdivision 6.
No active language found for: 356.635.9
No active language found for: 356A.06.5
No active language found for: 424A.015.5