HF 163

1st Committee Engrossment - 85th Legislature (2007 - 2008) Posted on 12/22/2009 12:37pm

A bill for an act
relating to local government; authorizing the city of Duluth to establish accounts
to pay for postemployment benefits owed to retired employees and to generate
revenue dedicated to meet certain city obligations; appropriating money;
proposing coding for new law in Minnesota Statutes, chapters 11A; 353.

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

Section 1.

new text begin [11A.235] ACCOUNT FOR INVESTMENT OF CERTAIN DULUTH
FUNDS OR ASSETS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The State Board of Investment, when requested by
the city, may invest the funds or assets of the city's community investment trust fund in
the combined investment funds established in section 11A.14, subject to the policies and
procedures established by the State Board of Investment. Use of such funds is restricted
to debt service payments for the city's street improvement program, or any other use
approved in accordance with Section 54(E) of the home rule charter of the city of Duluth.
new text end

new text begin Subd. 2. new text end

new text begin Account maintenance and investment. new text end

new text begin The city may deposit and
withdraw money for purposes approved by the Duluth City Council in accordance with
Section 54(E) of the home rule charter of the city of Duluth. Such transactions must be in
a time and manner required by the executive director of the State Board of Investments.
Investment earnings must be credited to the account of the city. The account may be
terminated by the city at any time.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

new text begin [353.95] ACCOUNT FOR DULUTH POSTEMPLOYMENT BENEFITS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Public Employees Retirement Association may
establish an irrevocable fund for the city of Duluth to be used only to fund and pay for
the postemployment benefits owed to retired employees in accordance with language
contained in labor agreements between the city and its employee bargaining units, or
between participating subgroups in the city's health plan and their retirees.
new text end

new text begin Subd. 2. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "postemployment benefit" means
a benefit giving rise to a liability under Statement 45 of the Governmental Accounting
Standards Board, and therefore does not include benefits to be paid by a Minnesota public
pension plan listed in section 356.20, subdivision 2, or 356.30, subdivision 3, and benefits
provided on a defined contribution individual account basis.
new text end

new text begin Subd. 3. new text end

new text begin Account maintenance and investment. new text end

new text begin (a) The city may establish an
account in the fund created in this section. The Public Employees Retirement Association
may charge the city fees for reasonable administrative costs, and the amount of those fees
is appropriated to the association from the account. The Public Employees Retirement
Association may establish other terms and conditions for participation in the fund.
new text end

new text begin (b) The Public Employees Retirement Association must certify all money in the
fund to the State Board of Investment for investment in the combined investment funds
established in section 11A.14, subject to the policies and procedures established by the
State Board of Investment. Investment earnings must be credited to the account of the city.
new text end

new text begin Subd. 4. new text end

new text begin Management and termination of account. new text end

new text begin The city may deposit and
withdraw money as needed for postemployment benefits owed on behalf of retired
employees of the city or its subgroups. Such transactions must be at a time and in a manner
required by the executive director of the Public Employees Retirement Association. The
city of Duluth must ensure that withdrawals comply with the requirements of this section.
The account may be terminated only to the extent the city's postemployment benefit
actuarial liability is satisfied or otherwise defeased.
new text end

new text begin Subd. 5. new text end

new text begin Status of irrevocable fund. new text end

new text begin (a) All money in the irrevocable fund created
in this section is held in trust for the exclusive benefit of retired employees of the city or
subgroups participating in the city's health plan, and is not subject to claims by creditors
of the state, the city, the city's subgroups, or the current and former employees of the
city or its subgroups.
new text end

new text begin (b) The irrevocable fund created in this section shall be deemed an arrangement
equivalent to a trust for all legal purposes.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end