SF 3464

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/30/2025 09:40 a.m.

A bill for an act
relating to retirement; Minnesota State Retirement System correctional state
employees retirement plan; implementing the recommendations of the MSRS
correctional plan eligibility work group; modifying the eligibility requirements;
updating eligible employment positions; adding definitions; modifying the
procedures for adding or removing plan coverage; adding a right to appeal; making
conforming changes; amending Minnesota Statutes 2024, sections 352.01, by
adding a subdivision; 352.029, subdivision 3; 352.03, subdivision 5; 352.90;
352.93, subdivision 1; 352.955, subdivision 1; proposing coding for new law in
Minnesota Statutes, chapter 352; repealing Minnesota Statutes 2024, section 352.91,
subdivisions 1, 2, 2a, 3c, 3d, 3e, 3f, 3g, 3h, 3i, 3j, 4a, 4b, 4c, 6.

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

Section 1.

Minnesota Statutes 2024, section 352.01, is amended by adding a subdivision
to read:

new text begin Subd. 28. new text end

new text begin Executive director. new text end

new text begin "Executive director" or "director" means the executive
director of the system appointed under section 352.03, subdivision 5.
new text end

Sec. 2.

Minnesota Statutes 2024, section 352.029, subdivision 3, is amended to read:

Subd. 3.

Contributions.

The employee and employer contributions required by section
352.04, or by section 352.92 for employees covered by section deleted text begin 352.91 deleted text end new text begin 352.905 new 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 352.91 deleted text end new text begin 352.905 new text end .

Sec. 3.

Minnesota Statutes 2024, section 352.03, subdivision 5, is amended to read:

Subd. 5.

Executive director, deputy director, and assistant director.

(a) The board
shall appoint an executive director deleted 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.

Sec. 4.

Minnesota Statutes 2024, section 352.90, is amended to read:

352.90 POLICY.

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 required deleted 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 inmates deleted text end new text begin incarcerated persons new text end at state correctional facilities deleted text begin ;
of deleted text end new text begin or new text end patients new text begin and clients new text end in the deleted text begin state-operated deleted text end forensic services program deleted 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 in deleted text end new text begin or new text end the Minnesota Sex Offender
Program deleted text begin ; or of patients in the Minnesota Specialty Health System-Cambridge deleted text end .

Sec. 5.

new text begin [352.901] DEFINITIONS APPLICABLE TO THE CORRECTIONAL PLAN.
new text end

new text begin Subdivision 1. new text end

new text begin Terms. new 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 Subd. 2. new text end

new text begin Chief executive officer. 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 Subd. 3. new text end

new text begin Commissioner. 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 Subd. 4. new text end

new text begin Custody. 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 Subd. 5. new text end

new text begin Direct Care and Treatment. new text end

new text begin "Direct Care and Treatment" means the agency
established under section 246C.02.
new text end

new text begin Subd. 6. new text end

new text begin Direct contact. 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 Subd. 7. new text end

new text begin Direct contact requirement. 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 Subd. 8. new text end

new text begin Eligible facility. 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 Subd. 9. new text end

new text begin Eligible program. 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 Subd. 10. new text end

new text begin Employee organization. new text end

new text begin "Employee organization" has the meaning given in
section 179A.03, subdivision 6.
new text end

new text begin Subd. 11. new text end

new text begin Rehabilitation. 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 Subd. 12. new text end

new text begin Supervision. 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 Subd. 13. new text end

new text begin Treatment. 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 Subd. 14. new text end

new text begin Working time. 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

Sec. 6.

new text begin [352.905] COVERED CORRECTIONAL SERVICE.
new text end

new text begin Subdivision 1. new text end

new text begin Direct contact not required. 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 Subd. 2. new text end

new text begin Direct contact required. 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 Subd. 3. new text end

new text begin Employment positions A to C. 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 Subd. 4. new text end

new text begin Employment positions D to M. 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 Subd. 5. new text end

new text begin Employment positions O to R. 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 Subd. 6. new text end

new text begin Employment positions S to W. 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 Subd. 7. new text end

new text begin Former employees of Minnesota Specialty Health System-Cambridge. 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

Sec. 7.

new text begin [352.907] PLAN COVERAGE CHANGES.
new text end

new text begin Subdivision 1. new text end

new text begin Correctional plan membership committee. 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 Subd. 2. new text end

new text begin Change in the title of an employment position. 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 Subd. 3. new text end

new text begin Transfers to new eligible facility or eligible program. 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 Subd. 4. new text end

new text begin Procedures for making employment position changes. 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 Subd. 5. new text end

new text begin Procedures for adding or ceasing coverage for employees. 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 Subd. 6. new text end

new text begin Right to appeal. 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

Sec. 8.

new text begin [352.908] CORRECTION OF PLAN COVERAGE ERRORS.
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

Sec. 9.

Minnesota Statutes 2024, section 352.93, subdivision 1, is amended to read:

Subdivision 1.

Basis of annuity; when to apply.

After separation from state service,
an employee covered under section deleted text begin 352.91 deleted 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.

Sec. 10.

Minnesota Statutes 2024, section 352.955, subdivision 1, is amended to read:

Subdivision 1.

Election to transfer prior MSRS-general service credit.

(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 4a deleted text end new text begin the correctional plan membership
committee determines is entitled to coverage by the correctional employees retirement plan
under section 352.907 new 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 352.91 deleted text end new text begin
352.905 new 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.

Sec. 11. new text begin REPEALER.
new text end

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

Sec. 12. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 11 are effective January 1, 2026.
new text end

APPENDIX

Repealed Minnesota Statutes: 25-05533

352.91 COVERED CORRECTIONAL SERVICE.

Subdivision 1.

Qualifying jobs.

"Covered correctional service" means service performed by a state employee, as defined in section 352.01, employed at a state correctional facility, the state-operated forensic services program, or the Minnesota Sex Offender Program as:

(1) a corrections officer 1;

(2) a corrections officer 2;

(3) a corrections officer 3;

(4) a corrections officer supervisor;

(5) a corrections lieutenant;

(6) a corrections captain;

(7) a security counselor;

(8) a security counselor lead; or

(9) a corrections canine officer.

Subd. 2.

Maintenance, correctional industry, and trades.

"Covered correctional service" also means service rendered at any time by state employees as maintenance personnel, correctional industry personnel, or members of trades certified by the commissioner of management and budget to the executive director as being engaged for at least 75 percent of the employee's working time in the rehabilitation, treatment, custody, or supervision of inmates at a Minnesota correctional facility, or of patients in the state-operated forensic services program or the Minnesota Sex Offender Program.

Subd. 2a.

Special teachers.

"Covered correctional service" also means service rendered by a state employee as a special teacher employed by the Department of Corrections or by Direct Care and Treatment at a security unit, provided that at least 75 percent of the employee's working time is spent in direct contact with inmates or patients and the fact of this direct contact is certified to the executive director by the appropriate commissioner or executive board, unless the person elects to retain the current retirement coverage under Laws 1996, chapter 408, article 8, section 21.

Subd. 3c.

Nursing personnel.

(a) "Covered correctional service" means service by a state employee in one of the employment positions at a correctional facility, in the state-operated forensic services program, or in the Minnesota Sex Offender Program that are specified in paragraph (b) if at least 75 percent of the employee's working time is spent in direct contact with inmates or patients and the fact of this direct contact is certified to the executive director by the appropriate commissioner or executive board.

(b) The employment positions are as follows:

(1) registered nurse - senior;

(2) registered nurse;

(3) registered nurse - principal;

(4) licensed practical nurse;

(5) registered nurse advance practice; and

(6) psychiatric advance practice registered nurse.

Subd. 3d.

Other correctional personnel.

(a) "Covered correctional service" means service by a state employee in one of the employment positions at a correctional facility or in the state-operated forensic services program specified in paragraph (b) if at least 75 percent of the employee's working time is spent in direct contact with inmates or patients and the fact of this direct contact is certified to the executive director by the appropriate commissioner or executive board.

(b) The employment positions are:

(1) automotive mechanic;

(2) baker;

(3) central services administrative specialist, intermediate;

(4) central services administrative specialist, principal;

(5) chaplain;

(6) chief cook;

(7) clinical program therapist 1;

(8) clinical program therapist 2;

(9) clinical program therapist 3;

(10) clinical program therapist 4;

(11) cook;

(12) cook coordinator;

(13) corrections inmate program coordinator;

(14) corrections transitions program coordinator;

(15) corrections security caseworker;

(16) corrections security caseworker career;

(17) corrections teaching assistant;

(18) delivery van driver;

(19) dentist;

(20) electrician supervisor;

(21) general maintenance worker lead;

(22) general repair worker;

(23) library/information research services specialist;

(24) library/information research services specialist senior;

(25) library technician;

(26) painter lead;

(27) plant maintenance engineer lead;

(28) plumber supervisor;

(29) psychologist 1;

(30) psychologist 3;

(31) recreation therapist;

(32) recreation therapist coordinator;

(33) recreation program assistant;

(34) recreation therapist senior;

(35) sports medicine specialist;

(36) work therapy assistant;

(37) work therapy program coordinator; and

(38) work therapy technician.

Subd. 3e.

Minnesota Specialty Health System-Cambridge.

(a) "Covered correctional service" means service by a state employee in one of the employment positions with the Minnesota Specialty Health System-Cambridge specified in paragraph (b) if at least 75 percent of the employee's working time is spent in direct contact with patients who are in the Minnesota Specialty Health System-Cambridge and if service in such a position is certified to the executive director by the Direct Care and Treatment executive board.

(b) The employment positions are:

(1) behavior analyst 1;

(2) behavior analyst 2;

(3) behavior analyst 3;

(4) group supervisor;

(5) group supervisor assistant;

(6) human services support specialist;

(7) residential program lead;

(8) psychologist 2;

(9) recreation program assistant;

(10) recreation therapist senior;

(11) registered nurse senior;

(12) skills development specialist;

(13) social worker senior;

(14) social worker specialist; and

(15) speech pathology specialist.

(c) 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 the community-based homes and was in covered correctional service at the time of the transition shall continue to be covered by the correctional employees retirement plan while employed by and without a break in service with the Department of Human Services or Direct Care and Treatment in the direct care and treatment of patients.

Subd. 3f.

Additional Direct Care and Treatment personnel.

(a) "Covered correctional service" means service by a state employee in one of the employment positions specified in paragraph (b) in the state-operated forensic services program or the Minnesota Sex Offender Program if at least 75 percent of the employee's working time is spent in direct contact with patients and the determination of this direct contact is certified to the executive director by the commissioner of human services or Direct Care and Treatment executive board.

(b) The employment positions are:

(1) baker;

(2) behavior analyst 2;

(3) behavior analyst 3;

(4) certified occupational therapy assistant 1;

(5) certified occupational therapy assistant 2;

(6) client advocate;

(7) clinical program therapist 2;

(8) clinical program therapist 3;

(9) clinical program therapist 4;

(10) cook;

(11) culinary supervisor;

(12) customer services specialist principal;

(13) dental assistant registered;

(14) dental hygienist;

(15) food service worker;

(16) food services supervisor;

(17) group supervisor;

(18) group supervisor assistant;

(19) human services support specialist;

(20) licensed alcohol and drug counselor;

(21) licensed practical nurse;

(22) management analyst 3;

(23) music therapist;

(24) occupational therapist;

(25) occupational therapist, senior;

(26) physical therapist;

(27) psychologist 1;

(28) psychologist 2;

(29) psychologist 3;

(30) recreation program assistant;

(31) recreation therapist lead;

(32) recreation therapist senior;

(33) rehabilitation counselor senior;

(34) residential program lead;

(35) security supervisor;

(36) skills development specialist;

(37) social worker senior;

(38) social worker specialist;

(39) social worker specialist, senior;

(40) special education program assistant;

(41) speech pathology clinician;

(42) substance use disorder counselor senior;

(43) work therapy assistant; and

(44) work therapy program coordinator.

Subd. 3g.

Additional Corrections Department personnel.

(a) "Covered correctional service" means service by a state employee in one of the employment positions specified in paragraph (b) if at least 75 percent of the employee's working time is spent in direct contact with inmates and the determination of this direct contact is certified to the executive director by the commissioner of corrections.

(b) The qualifying employment positions are:

(1) corrections discipline unit supervisor;

(2) dental assistant registered;

(3) dental hygienist;

(4) food service supervisor;

(5) medical assistant, certified;

(6) psychologist 2; and

(7) sentencing to service crew leader involved with the inmate community work crew program.

Subd. 3h.

Employment occupation name changes.

(a) If the occupational title of a state employee covered by the Minnesota correctional employees retirement plan changes from the applicable title listed in subdivision 1, 2, 2a, 3c, 3d, 3e, 3f, or 3g, qualification for coverage by the correctional state employees retirement plan continues until the July 1 next following the title change if the commissioner of management and budget certifies to the executive director of the Minnesota State Retirement System and to the executive director of the Legislative Commission on Pensions and Retirement that the duties, requirements, and responsibilities of the new occupational title are substantially identical to the duties, requirements, and responsibilities of the prior occupational title.

(b) If the commissioner of management and budget does not certify a new occupational title under paragraph (a), eligibility for future correctional state employees retirement coverage terminates as of the start of the first payroll period next following the effective date of the occupational title change.

(c) For consideration by the Legislative Commission on Pensions and Retirement during the legislative session next following an occupational title change involving a state employee in covered correctional service, the commissioner of management and budget shall submit the applicable draft proposed legislation reflecting the occupational title change covered by this section.

Subd. 3i.

Lateral transfers to new correctional facilities.

If a new correctional facility is established, a state employee rendering covered correctional service immediately before the transfer remains eligible for coverage by the correctional state employees retirement plan for future state employment at the new facility if the person is employed in the same occupational title at the new facility. The eligibility for future coverage continues until the July 1 next following the effective date of the establishment of the new facility.

Subd. 3j.

State-operated forensic services program.

For purposes of this section, "state-operated forensic services program" means the Minnesota Security Hospital, the forensic nursing home, the forensic transition service, and the competency restoration program.

Subd. 4a.

Process for evaluating and recommending potential employment positions for membership inclusion.

(a) The Department of Corrections and Direct Care and Treatment must establish a procedure for evaluating periodic requests by department and agency employees for qualification for recommendation by the commissioner or executive board for inclusion of the employment position in the correctional facility or Direct Care and Treatment facility in the correctional retirement plan and for periodically determining employment positions that no longer qualify for continued correctional retirement plan coverage.

(b) The procedure must provide for an evaluation of the extent of the employee's working time spent in direct contact with patients or inmates, the extent of the physical hazard that the employee is routinely subjected to in the course of employment, and the extent of intervention routinely expected of the employee in the event of a facility incident. The percentage of routine direct contact with inmates or patients may not be less than 75 percent.

(c) The applicable commissioner or executive board shall notify the employee of the determination of the appropriateness of recommending the employment position for inclusion in the correctional retirement plan, if the evaluation procedure results in a finding that the employee:

(1) routinely spends 75 percent of the employee's time in direct contact with inmates or patients; and

(2) is regularly engaged in the rehabilitation, treatment, custody, or supervision of inmates or patients.

(d) After providing the affected employee an opportunity to dispute or clarify any evaluation determinations, if the commissioner or executive board determines that the employment position is appropriate for inclusion in the correctional retirement plan, the commissioner or executive board shall forward that recommendation and supporting documentation to the chair of the Legislative Commission on Pensions and Retirement, the chair of the State and Local Governmental Operations Committee of the senate, the chair of the Governmental Operations and Veterans Affairs Policy Committee of the house of representatives, and the executive director of the Legislative Commission on Pensions and Retirement in the form of the appropriate proposed legislation. The recommendation must be forwarded to the legislature before January 15 for the recommendation to be considered in that year's legislative session.

Subd. 4b.

Department of Corrections; procedure for coverage change considerations.

(a) The commissioner of corrections shall appoint a standing review committee to review and determine positions that should be included in legislative requests for correctional employees retirement plan coverage under subdivision 4a.

(b) Periodically, the Department of Corrections will convene meetings of the review committee. The review committee must review all requests and the supporting documentation for coverage by the correctional employees retirement plan and must determine which classes or positions meet the statutory requirements for coverage. The review committee also must determine if incumbents of and recent retirees from classes or positions determined for inclusion in correctional employees retirement plan coverage have prior Department of Corrections employment which also qualified as correctional service and which should be transferred from the general state employees retirement plan to the plan and the initial date for each potential service credit transfer.

(c) The review committee must evaluate and determine the eligibility date for initial plan participation and all periods of eligibility in the correctional employees retirement plan.

(d) The department must provide a notice of each determination and of the employee's right to appeal from the review committee to each employee who requested inclusion. Appeals must be filed with the agency human resource manager within 30 days of the date of the notice of determination.

(e) The commissioner of corrections shall appoint a standing appeals committee to hear appeals of determinations for coverage. The appeal committee must include relevant department employees and employee representatives. Appeal committee determinations are final.

(f) All positions approved for inclusion must be forwarded to the commissioner of corrections for the preparation of legislation to implement the coverage change and submission. The commissioner will submit a written recommendation documenting classes or positions that should or should not be covered by the correctional employees retirement plan. Documentation of each request and the final determination must be retained in the Department of Corrections' Office of Human Resource Management.

Subd. 4c.

Direct Care and Treatment; procedure for coverage change considerations.

(a) The Direct Care and Treatment executive board shall appoint a standing review committee to review and determine classifications or positions that may be included in legislative requests for correctional state employees retirement plan coverage under subdivision 4a.

(b) The agency's human resources director shall convene a meeting of the review committee only at the request of a labor organization or a member of the agency's management team.

(c) The review committee must review all requests and the supporting documentation for coverage by the correctional state employees retirement plan and must make a recommendation to the executive board regarding which classifications or positions meet the statutory requirements for coverage. The review committee must also make a recommendation to the executive board regarding classifications or positions that no longer meet the statutory requirement for coverage by the correctional state employees retirement plan and removal of the classification or position from the applicable statute.

(d) The agency's human resources director must provide a notice of each determination and of the employee's right to appeal the determination. Appeals must be filed with the agency's human resources director within 30 days of the date of the notice of determination.

(e) The Direct Care and Treatment executive board shall review appeals of determinations for coverage. The executive board's determinations are final.

(f) All classifications or positions recommended by the review committee for inclusion in or exclusion from the correctional state employees retirement plan must be forwarded to the Direct Care and Treatment executive board for the preparation of legislation to implement the coverage change and submission. If the executive board determines that the employment position is appropriate for inclusion in or exclusion from the correctional state employees retirement plan, the executive board shall submit a written recommendation documenting classifications or positions that should or should not be covered by the correctional state employees retirement plan. The agency's human resources director must retain the documentation of each request and the final determination.

Subd. 6.

Correction of plan coverage errors.

If erroneous employee deductions and employer contributions are caused by an error in plan coverage involving the correctional state employees retirement plan and any other plan specified in section 356.637, that section applies.