HF 645

as introduced - 88th Legislature (2013 - 2014) Posted on 02/18/2013 01:35pm

A bill for an act
relating to the legislature; authorizing certain legislative employees to organize
and to select representatives to negotiate collective bargaining agreements;
amending Minnesota Statutes 2012, sections 43A.18, subdivision 6; 43A.24,
subdivision 2; 179A.01.

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

Section 1.

Minnesota Statutes 2012, section 43A.18, subdivision 6, is amended to read:

Subd. 6.

Legislative and judicial branch compensation.

new text begin Except for legislative
employees covered by collective bargaining agreements, new text end total compensation plans
for unclassified employees of the legislature and of legislative commissions shall be
determined by the legislature consistent with chapter 3, provided that insurance benefits
for deleted text begin these deleted text end employees new text begin not covered by collective bargaining agreements new text end and for legislators
shall be determined by the Legislative Coordinating Commission, consistent with sections
43A.22 to 43A.30. Total compensation plans for unclassified employees of the judicial
branch shall be determined by the appointing authority, unless other law provides a
different method for establishing this compensation. Judicial branch compensation plans
shall be consistent with sections 43A.22 to 43A.30.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
new text end

Sec. 2.

Minnesota Statutes 2012, section 43A.24, subdivision 2, is amended to read:

Subd. 2.

Other eligible persons.

The following persons are eligible for state paid
life insurance and hospital, medical, and dental benefits as determined in applicable
collective bargaining agreements or by the commissioner or by plans pursuant to section
43A.18, subdivision 6, or by the Board of Regents for employees of the University of
Minnesota not covered by collective bargaining agreements. Coverages made available,
including optional coverages, are as contained in the plan established pursuant to section
43A.18, subdivision 2:

(1) a member of the state legislature, provided that changes in benefits resulting
in increased costs to the state shall not be effective until expiration of the term of the
members of the existing house of representatives. An eligible member of the state
legislature may decline to be enrolled for state paid coverages by filing a written waiver
with the commissioner. The waiver shall not prohibit the member from enrolling the
member or dependents for optional coverages, without cost to the state, as provided for in
section 43A.26. A member of the state legislature who returns from a leave of absence
to a position previously occupied in the civil service shall be eligible to receive the life
insurance and hospital, medical, and dental benefits to which the position is entitled;

(2) an employee of the legislature or an employee of a permanent study or interim
committee or commission or a state employee on leave of absence to work for the
legislature, during a regular or special legislative session, as determined new text begin in applicable
collective bargaining agreements or new text end by the Legislative Coordinating Commission;

(3) a judge of the appellate courts or an officer or employee of these courts; a judge
of the district court, a judge of county court, or a judge of county municipal court; a
district court referee, judicial officer, court reporter, or law clerk; a district administrator;
an employee of the Office of the District Administrator that is not in the Second or
Fourth Judicial District; a court administrator or employee of the court administrator in a
judicial district under section 480.181, subdivision 1, paragraph (b), and a guardian ad
litem program employee;

(4) a salaried employee of the Public Employees Retirement Association;

(5) a full-time military or civilian officer or employee in the unclassified service of
the Department of Military Affairs whose salary is paid from state funds;

(6) a salaried employee of the Minnesota Historical Society, whether paid from state
funds or otherwise, who is not a member of the governing board;

(7) an employee of the regents of the University of Minnesota;

(8) notwithstanding section 43A.27, subdivision 3, an employee of the state of
Minnesota or the regents of the University of Minnesota who is at least 60 and not yet
65 years of age on July 1, 1982, who is otherwise eligible for employee and dependent
insurance and benefits pursuant to section 43A.18 or other law, who has at least 20
years of service and retires, earlier than required, within 60 days of March 23, 1982; or
an employee who is at least 60 and not yet 65 years of age on July 1, 1982, who has
at least 20 years of state service and retires, earlier than required, from employment at
Rochester state hospital after July 1, 1981; or an employee who is at least 55 and not
yet 65 years of age on July 1, 1982, and is covered by the Minnesota State Retirement
System correctional employee retirement plan or the State Patrol retirement fund, who
has at least 20 years of state service and retires, earlier than required, within 60 days of
March 23, 1982. For purposes of this clause, a person retires when the person terminates
active employment in state or University of Minnesota service and applies for a retirement
annuity. Eligibility shall cease when the retired employee attains the age of 65, or when
the employee chooses not to receive the annuity that the employee has applied for. The
retired employee shall be eligible for coverages to which the employee was entitled at the
time of retirement, subject to any changes in coverage through collective bargaining or
plans established pursuant to section 43A.18, for employees in positions equivalent to that
from which retired, provided that the retired employee shall not be eligible for state-paid
life insurance. Coverages shall be coordinated with relevant health insurance benefits
provided through the federally sponsored Medicare program;

(9) an employee of an agency of the state of Minnesota identified through the process
provided in this paragraph who is eligible to retire prior to age 65. The commissioner
and the exclusive representative of state employees shall enter into agreements under
section 179A.22 to identify employees whose positions are in programs that are being
permanently eliminated or reduced due to federal or state policies or practices. Failure to
reach agreement identifying these employees is not subject to impasse procedures provided
in chapter 179A. The commissioner must prepare a plan identifying eligible employees
not covered by a collective bargaining agreement in accordance with the process outlined
in section 43A.18, subdivisions 2 and 3. For purposes of this paragraph, a person retires
when the person terminates active employment in state service and applies for a retirement
annuity. Eligibility ends as provided in the agreement or plan, but must cease at the end of
the month in which the retired employee chooses not to receive an annuity, or the employee
is eligible for employer-paid health insurance from a new employer. The retired employees
shall be eligible for coverages to which they were entitled at the time of retirement, subject
to any changes in coverage through collective bargaining or plans established under
section 43A.18 for employees in positions equivalent to that from which they retired,
provided that the retired employees shall not be eligible for state-paid life insurance;

(10) employees of the state Board of Public Defense, with eligibility determined by
the state Board of Public Defense in consultation with the commissioner of management
and budget; and

(11) employees of supporting organizations of Enterprise Minnesota, Inc.,
established after July 1, 2003, under section 116O.05, subdivision 4, as paid for by the
supporting organization.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
new text end

Sec. 3.

Minnesota Statutes 2012, section 179A.01, is amended to read:

179A.01 PUBLIC POLICY.

(a) It is the public policy of this state and the purpose of sections 179A.01 to
179A.25 to promote orderly and constructive relationships between all public employers
and their employees. This policy is subject to the paramount right of the citizens of this
state to keep inviolate the guarantees for their health, education, safety, and welfare.

(b) The relationships between the public, public employees, and employer governing
bodies involve responsibilities to the public and a need for cooperation and employment
protection which are different from those found in the private sector. The importance or
necessity of some services to the public can create imbalances in the relative bargaining
power between public employees and employers. As a result, unique approaches to
negotiations and resolutions of disputes between public employees and employers are
necessary.

(c) Unresolved disputes between the public employer and its employees are injurious
to the public as well as to the parties. Adequate means must be established for minimizing
them and providing for their resolution. Within these limitations and considerations, the
legislature has determined that overall policy is best accomplished by:

(1) granting public employees certain rights to organize and choose freely their
representatives;

(2) requiring public employers to meet and negotiate with public employees in
an appropriate bargaining unit and providing that the result of bargaining be in written
agreements; and

(3) establishing special rights, responsibilities, procedures, and limitations regarding
public employment relationships which will provide for the protection of the rights of the
public employee, the public employer, and the public at large.

deleted text begin (d) Nothing in sections 179A.01 to 179A.25 impairs, modifies, or alters the authority
of the legislature to establish rates of pay, or retirement or other benefits for its employees.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
new text end