HF 741

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:41am

A bill for an act
relating to retirement; permitting certain employees of the Minneapolis
Firefighters Relief Association and Police Relief Association to be members of
the Public Employees Retirement Association; amending Minnesota Statutes
2008, section 353.01, subdivision 6.

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

Section 1.

Minnesota Statutes 2008, section 353.01, subdivision 6, is amended to read:

Subd. 6.

Governmental subdivision.

(a) "Governmental subdivision" means a
county, city, town, school district within this state, or a department, unit or instrumentality
of state or local government, or any public body established under state or local
authority that has a governmental purpose, is under public control, is responsible for the
employment and payment of the salaries of employees of the entity, and receives a major
portion of its revenues from taxation, fees, assessments or from other public sources.

(b) Governmental subdivision also means the Public Employees Retirement
Association, the League of Minnesota Cities, the Association of Metropolitan
Municipalities, charter schools formed under section 124D.10, service cooperatives
exercising retirement plan participation under section 123A.21, subdivision 5, joint powers
boards organized under section 471.59, subdivision 11, paragraph (a), family service
collaboratives and children's mental health collaboratives organized under section 471.59,
subdivision 11, paragraph (b) or (c), provided that the entities creating the collaboratives
are governmental units that otherwise qualify for retirement plan membership, public
hospitals owned or operated by, or an integral part of, a governmental subdivision or
governmental subdivisions, the Association of Minnesota Counties, the Minnesota
Inter-county Association, the Minnesota Municipal Utilities Association, the Metropolitan
Airports Commission, the University of Minnesota with respect to police officers covered
by the public employees police and fire retirement plan, the Minneapolis Employees
Retirement Fund for employment initially commenced after June 30, 1979, the Range
Association of Municipalities and Schools, soil and water conservation districts, economic
development authorities created or operating under sections 469.090 to 469.108, the Port
Authority of the city of St. Paul, the Spring Lake Park Fire Department, incorporated,
the Lake Johanna Volunteer Fire Department, incorporated, the Red Wing Environmental
Learning Center, the Dakota County Agricultural Society, deleted text begin and deleted text end Hennepin Healthcare
System, Inc new text begin ., the Minneapolis Firefighters Relief Association, and the Minneapolis Police
Relief Association new text end .

(c) Governmental subdivision does not mean any municipal housing and
redevelopment authority organized under the provisions of sections 469.001 to 469.047;
or any port authority organized under sections 469.048 to 469.089 other than the Port
Authority of the city of St. Paul; or any hospital district organized or reorganized prior
to July 1, 1975, under sections 447.31 to 447.37 or the successor of the district; or the
board of a family service collaborative or children's mental health collaborative organized
under sections 124D.23, 245.491 to 245.495, or 471.59, if that board is not controlled
by representatives of governmental units.

(d) A nonprofit corporation governed by chapter 317A or organized under Internal
Revenue Code, section 501(c)(3), which is not covered by paragraph (a) or (b), is not a
governmental subdivision unless the entity has obtained a written advisory opinion from
the United States Department of Labor or a ruling from the Internal Revenue Service
declaring the entity to be an instrumentality of the state so as to provide that any future
contributions by the entity on behalf of its employees are contributions to a governmental
plan within the meaning of Internal Revenue Code, section 414(d).

(e) A public body created by state or local authority may request membership on
behalf of its employees by providing sufficient evidence that it meets the requirements in
paragraph (a).

(f) An entity determined to be a governmental subdivision is subject to the reporting
requirements of this chapter upon receipt of a written notice of eligibility from the
association.

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective the day following final enactment.
new text end