HF 2092

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to retirement; various public pension plans;
clarifying and revising various plan provisions;
eliminating obsolete provisions; defining final
average salary; modifying the definition of allowable
service to include time on strike; permitting judges
to purchase service credit for an authorized leave;
requiring specified payments; clarifying references to
actuarial services in determining actuarial
equivalence; defining covered salary to include
certain employer contributions to supplemental
retirement plans; specifying itemized detail of plan
administrative expenses in annual financial reporting;
excluding police officers of the University of
Minnesota from the public employees police and fire
fund; clarifying collection procedures relating to
charter schools; adding a uniform nonassignment and
legal process exemption provision; adding employees of
Bridges Medical Services, Hutchinson Area Health Care,
and Northfield Hospital to privatization coverage;
extending date for filing special law approval with
the secretary of state for the RenVilla Nursing Home;
requiring the privatization periodic filing of updated
copies of articles of incorporation and bylaws;
modifying a higher education individual retirement
account plan investment option provision; implementing
the recommendations of the Volunteer Firefighter
Relief Association working group of the state auditor;
modifying the trigger date for filing financial
reports; revising the per firefighter financing
requirements for monthly benefit service pensions;
modifying the options for crediting interest on
deferred service pensions; clarifying the deferred
service pension options available to defined
contribution plans; providing for the crediting of
service during military service leaves; requiring the
amortization of experience losses; clarifying the
compliance requirements for the qualification for fire
state aid; modifying a limit on mutual fund
investments; clarifying corporate stock and exchange
traded funds investment authority; modifying the
municipal representation requirements on relief
association governing boards; clarifying exemptions
from process and taxation; providing that certain laws
do not apply to the consolidation of specified
volunteer firefighter relief associations; providing
an ad hoc postretirement adjustment to Eveleth police
and fire trust fund benefit recipients; authorizing
the Maplewood Firefighters Relief Association to
transfer assets to the Oakdale Firefighters Relief
Association to cover service credits earned by certain
individuals; appropriating money; amending Minnesota
Statutes 2004, sections 3A.01, subdivisions 1, 2, 6,
8, by adding subdivisions; 3A.011; 3A.02, subdivisions
1, 1b, 3, 4, 5; 3A.03, subdivisions 1, 2; 3A.04,
subdivisions 1, 2, 3, 4, by adding a subdivision;
3A.05; 3A.07; 3A.10, subdivision 1; 3A.12; 3A.13;
69.011, subdivision 2b, by adding a subdivision;
69.021, subdivisions 5, 11; 69.051, subdivisions 1,
1a; 69.33; 69.771; 69.772, subdivisions 3, 4; 69.773,
subdivisions 4, 5; 69.775; 352.01, subdivisions 2a, 4,
5, 12, 21, 23, by adding a subdivision; 352.021,
subdivisions 1, 2, 3, 4; 352.04, subdivisions 1, 12;
352.041, subdivisions 1, 2, 3, 5; 352.115,
subdivisions 2, 3; 352.15, subdivisions 1, 3, 4;
352.22, subdivision 10; 352.87, subdivision 3; 352.91,
by adding a subdivision; 352.93, subdivision 1;
352B.01, subdivisions 1, 2, 3; 352B.02, subdivision
1e; 352B.071; 352C.021, by adding a subdivision;
352C.091, subdivision 1; 352D.01; 352D.015,
subdivisions 3, 4; 352D.03; 352D.05, subdivision 4;
352D.085, subdivision 1; 352D.09, subdivision 5;
352D.12; 353.01, subdivisions 6, 10, 14, 32, 33, by
adding a subdivision; 353.025; 353.026; 353.027;
353.028; 353.14; 353.15, subdivisions 1, 3; 353.27,
subdivision 11; 353.271; 353.28, subdivisions 5, 6;
353.29, subdivision 3; 353.31, subdivision 1c; 353.32,
subdivision 9; 353.33, subdivisions 3, 12; 353.64, by
adding a subdivision; 353.651, subdivision 3; 353.656,
subdivision 1; 353F.02, subdivision 4; 354.05,
subdivision 7, by adding a subdivision; 354.091;
354.10, subdivisions 1, 3, 4; 354.33, subdivision 5;
354.39; 354.41, subdivision 2; 354.42, by adding a
subdivision; 354.44, subdivisions 2, 6; 354A.011,
subdivision 3a, by adding a subdivision; 354A.021,
subdivision 5, by adding a subdivision; 354A.097,
subdivision 1; 354A.31, subdivisions 4, 4a, 5;
354B.25, subdivision 2; 356.20, subdivision 4;
356.215, subdivision 8; 356.216; 356.24, subdivision
1; 356.551; 356A.06, subdivision 7; 422A.01,
subdivisions 6, 11, by adding a subdivision; 422A.06,
subdivision 7; 422A.10, subdivisions 1, 2; 422A.15,
subdivision 1; 422A.16, subdivision 9; 422A.22,
subdivisions 1, 3, 4, 6; 422A.231; 422A.24; 423B.17;
423C.09; 424A.02, subdivisions 3, 4, 7; 424A.04,
subdivision 1; 424B.10, subdivision 1; 490.121,
subdivisions 1, 4, 6, 7, 13, 14, 15, 20, 21, 22, by
adding subdivisions; 490.122; 490.123, subdivisions 1,
1a, 1b, 1c, 2, 3; 490.124, subdivisions 1, 2, 3, 4, 5,
8, 9, 10, 11, 12, 13; 490.125, subdivision 1; 490.126;
490.133; Laws 1999, chapter 222, article 16, section
16, as amended; Laws 2000, chapter 461, article 4,
section 4, as amended; Laws 2004, chapter 267, article
12, section 4; proposing coding for new law in
Minnesota Statutes, chapters 352C; 356; 424A;
proposing coding for new law as Minnesota Statutes,
chapter 490A; repealing Minnesota Statutes 2004,
sections 3A.01, subdivisions 3, 4, 6a, 7; 3A.02,
subdivision 2; 3A.04, subdivision 1; 3A.09; 352.119,
subdivision 1; 352.15, subdivision 1a; 352C.01;
352C.011; 352C.021; 352C.031; 352C.033; 352C.04;
352C.051; 352C.09; 352C.091, subdivisions 2, 3;
353.15, subdivision 2; 353.29, subdivision 2; 353.34,
subdivision 3b; 353.36, subdivisions 2, 2a, 2b, 2c;
353.46, subdivision 4; 353.651, subdivision 2;
353.663; 353.74; 353.75; 354.10, subdivision 2;
354.59; 422A.22, subdivisions 2, 5; 422A.221; 490.021;
490.025, subdivisions 1, 2, 3, 4, 6; 490.101; 490.102;
490.103; 490.105; 490.106; 490.107; 490.108; 490.109;
490.1091; 490.12; 490.121, subdivisions 2, 3, 5, 8, 9,
10, 11, 12, 16, 17, 18, 19, 20.

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

2005 OMNIBUS RETIREMENT BILL

ARTICLE 1

CLARIFICATION/RECODIFICATION OF
STATEWIDE SPECIALTY RETIREMENT PLANS

Section 1.

Minnesota Statutes 2004, section 3A.01,
subdivision 1, is amended to read:

Subdivision 1.

Purposes.

new text begin Each of new text end the terms defined in
this section new text begin , new text end for the purposes of this chapter deleted text begin shall be
given deleted text end new text begin has new text end the deleted text begin meanings deleted text end new text begin meaning new text end ascribed deleted text begin to them deleted text end .

Sec. 2.

Minnesota Statutes 2004, section 3A.01, is amended
by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Actuarial equivalent. new text end

new text begin "Actuarial equivalent"
means the condition of one allowance or benefit having an equal
actuarial present value to another allowance or benefit,
determined by the actuary retained under section 356.214 as of a
given date at a specified age with each actuarial present value
based on the mortality table applicable for the plan and
approved under section 356.215, subdivision 18, and using the
applicable preretirement or postretirement interest rate
assumption specified in section 356.215, subdivision 8.
new text end

Sec. 3.

Minnesota Statutes 2004, section 3A.01, is amended
by adding a subdivision to read:

new text begin Subd. 1b. new text end

new text begin Average monthly salary. new text end

new text begin "Average monthly
salary" means the average of the member's highest five
successive years of salary that was received as a member of the
legislature and upon which the member has made contributions
under section 3A.03, subdivision 1, or for which the member of
the legislature has made payments for past service under section
3A.02, subdivision 2, or has made, before July 1, 1994, payments
in lieu of contributions under Minnesota Statutes 1992, section
3A.031.
new text end

Sec. 4.

Minnesota Statutes 2004, section 3A.01, is amended
by adding a subdivision to read:

new text begin Subd. 1c. new text end

new text begin Constitutional officer. new text end

new text begin "Constitutional
officer" means a person who was duly elected, qualifies for, and
serves as the governor, the lieutenant governor, the attorney
general, the secretary of state, or the state auditor of the
state of Minnesota.
new text end

Sec. 5.

Minnesota Statutes 2004, section 3A.01,
subdivision 2, is amended to read:

Subd. 2.

Dependent child.

new text begin (a) new text end "Dependent child" means
any natural or adopted child of a deceased member of the
legislature or new text begin a new text end former legislator who is under the age of 18,
or who is under the age of 22 and is a full-time student, and
who new text begin , new text end in either case new text begin , new text end is unmarried and was actually dependent for
more than one-half of support upon deleted text begin such deleted text end new text begin the new text end legislator for a
period new text begin of new text end at least 90 days immediately deleted text begin prior to deleted text end new text begin before new text end the
legislator's death. deleted text begin It
deleted text end

new text begin (b) The term new text end also includes any child of the member of the
legislature or former legislator new text begin who was new text end conceived during the
lifetime of, and new text begin who was new text end born after the death of, the member or
former legislator. deleted text begin This subdivision shall be retroactive as to
any dependent child under the age of 22 years as of April 1,
1975.
deleted text end

Sec. 6.

Minnesota Statutes 2004, section 3A.01,
subdivision 6, is amended to read:

Subd. 6.

Director.

"Director" means the executive
director of the Minnesota State Retirement System new text begin who was
appointed under section 352.03, subdivision 5 new text end .

Sec. 7.

Minnesota Statutes 2004, section 3A.01, is amended
by adding a subdivision to read:

new text begin Subd. 6b. new text end

new text begin Former legislator. new text end

new text begin "Former legislator" means a
legislator who has ceased to be a member of the legislature for
any reason, including, but not limited to, the expiration of the
term for which a member of the legislature was elected or the
death of the member.
new text end

Sec. 8.

Minnesota Statutes 2004, section 3A.01, is amended
by adding a subdivision to read:

new text begin Subd. 6c. new text end

new text begin Member of the legislature. new text end

new text begin "Member of the
legislature" means a person who was a member of the House of
Representatives or of the Senate of the state of Minnesota who
has subscribed to the oath of office after July 1, 1965, and who
was first elected to a legislative office before July 1, 1997,
and retained coverage by the plan under Laws 1997, chapter 233,
article 2, section 15.
new text end

Sec. 9.

Minnesota Statutes 2004, section 3A.01,
subdivision 8, is amended to read:

Subd. 8.

Normal retirement age.

"Normal retirement age"
means the age of deleted text begin 60 years with regard to any member of the
legislature whose service terminates prior to the beginning of
the 1981 legislative session, and the age of deleted text end 62 years deleted text begin with
regard to any member of the legislature whose service terminates
after the beginning of the 1981 session deleted text end .

Sec. 10.

Minnesota Statutes 2004, section 3A.01, is
amended by adding a subdivision to read:

new text begin Subd. 9. new text end

new text begin Retirement. new text end

new text begin "Retirement" means the period of
time after which a former legislator is entitled to a retirement
allowance.
new text end

Sec. 11.

Minnesota Statutes 2004, section 3A.01, is
amended by adding a subdivision to read:

new text begin Subd. 10. new text end

new text begin Salary. new text end

new text begin (a) "Salary" means the regular
compensation payable under law to a member of the legislature
and paid to the person for service as a legislator.
new text end

new text begin (b) The term includes the monthly compensation paid to the
member of the legislature and the per diem payments paid during
a regular or special session to the member of the legislature.
new text end

new text begin (c) The term does not include per diem payments paid to a
member of the legislature other than during the regular or
special session; additional compensation attributable to a
leadership position under section 3.099, subdivision 3; living
expense payments under section 3.101; and special session living
expense payments under section 3.103.
new text end

Sec. 12.

Minnesota Statutes 2004, section 3A.011, is
amended to read:

3A.011 ADMINISTRATION OF PLAN.

The new text begin executive director and the board of directors of the
new text end Minnesota State Retirement System shall administer the
legislators retirement plan in accordance with new text begin this chapter and
new text end chapter 356A.

Sec. 13.

Minnesota Statutes 2004, section 3A.02,
subdivision 1, is amended to read:

Subdivision 1.

Qualifications.

(a) A former legislator
is entitled, upon written application to the director, to
receive a retirement allowance monthly, if the person:

(1) has new text begin either new text end served at least six full years, without
regard to the application of section 3A.10, subdivision 2, or
has served during all or part of four regular sessions as a
member of the legislature, which service need not be continuous;

(2) has attained the normal retirement age;

(3) has retired as a member of the legislature; and

(4) has made all contributions provided for in section
3A.03, has made payments for past service under subdivision 2,
or has made payments in lieu of contributions under Minnesota
Statutes 1992, section 3A.031, deleted text begin prior to deleted text end new text begin before new text end July 1, 1994.

(b) deleted text begin This paragraph applies to members of the legislature
who terminate service as a legislator before July 1, 1997. For
service rendered before the beginning of the 1979 legislative
session, but not to exceed eight years of service, the
retirement allowance is an amount equal to five percent per year
of service of that member's average monthly salary. For service
in excess of eight years rendered before the beginning of the
1979 legislative session, and for service rendered after the
beginning of the 1979 legislative session, deleted text end new text begin Unless the former
legislator has legislative service before January 1, 1979, new text end the
retirement allowance is an amount equal to 2-1/2 percent per
year of service of that member's average monthly salary deleted text begin .
deleted text end

deleted text begin (c) This paragraph applies to members of the legislature
who terminate service as a legislator after June 30, 1997. The
retirement allowance is an amount equal to the applicable rate
or rates under paragraph (b) per year of service of the member's
average monthly salary deleted text end new text begin and new text end adjusted for that person on an
actuarial equivalent basis to reflect the change in the
postretirement interest rate actuarial assumption under section
356.215, subdivision 8, from five percent to six percent. The
adjustment must be calculated by or, alternatively, the
adjustment procedure must be specified by, the actuary retained
deleted text begin by the Legislative Commission on Pensions and Retirement deleted text end new text begin under
section 356.214 new text end . The purpose of this adjustment is to ensure
that the total amount of benefits that the actuary predicts an
individual member will receive over the member's lifetime under
this paragraph will be the same as the total amount of benefits
the actuary predicts the individual member would receive over
the member's lifetime under the law in effect before enactment
of this paragraph. new text begin If the former legislator has legislative
service before January 1, 1979, the person's benefit must
include the additional benefit amount in effect on January 1,
1979, and adjusted as otherwise provided in this paragraph.
new text end

deleted text begin (d) deleted text end new text begin (c) new text end The retirement allowance accrues beginning with the
first day of the month of receipt of the application, but not
before age 60, and for the remainder of the former legislator's
life, if the former legislator is not serving as a member of the
legislature or as a constitutional officer deleted text begin or commissioner deleted text end as
defined in deleted text begin section 352C.021, subdivisions 2 and 3 deleted text end new text begin section 3A.01,
subdivision 1c new text end . The annuity does not begin to accrue deleted text begin prior to
deleted text end new text begin before the person's new text end retirement as a legislator. No annuity
payment may be made retroactive for more than 180 days before
the date new text begin that new text end the annuity application is filed with the director.

deleted text begin (e) deleted text end new text begin (d) new text end Any member who has served during all or part of
four regular sessions is considered to have served eight years
as a member of the legislature.

deleted text begin (f) deleted text end new text begin (e) new text end The retirement allowance ceases with the last
payment that accrued to the retired legislator during the
retired legislator's lifetime, except that the surviving spouse,
if any, is entitled to new text begin receive new text end the retirement allowance new text begin of the
retired legislator new text end for the calendar month in which the retired
legislator died.

Sec. 14.

Minnesota Statutes 2004, section 3A.02,
subdivision 1b, is amended to read:

Subd. 1b.

Reduced retirement allowance.

(a) Upon
separation from service after the beginning of the 1981
legislative session, a former member of the legislature who has
attained the age set by the board of directors of the Minnesota
State Retirement System and who is otherwise qualified deleted text begin in
accordance with deleted text end new text begin under new text end subdivision 1 is entitled new text begin , new text end upon making
written application on deleted text begin forms supplied deleted text end new text begin a form prescribed new text end by the
director new text begin , new text end to a new text begin reduced new text end retirement allowance deleted text begin in deleted text end new text begin . The reduced
retirement allowance is new text end an amount equal to the retirement
allowance specified in subdivision 1 new text begin , paragraph (b), that is
new text end reduced so that the reduced deleted text begin annuity deleted text end new text begin allowance new text end is the actuarial
equivalent of the deleted text begin annuity deleted text end new text begin allowance new text end that would be payable if the
former member of the legislature deferred receipt of the deleted text begin annuity
deleted text end new text begin allowance new text end and the deleted text begin annuity deleted text end new text begin allowance new text end amount deleted text begin were deleted text end new text begin was new text end augmented
at an annual rate of three percent compounded annually from the
date the deleted text begin annuity deleted text end new text begin allowance new text end begins to accrue until age 62.

(b) The age set by the board of directors under paragraph
(a) cannot be deleted text begin less deleted text end new text begin an earlier age new text end than the early retirement age
under section 352.116, subdivision 1a.

(c) If there is an actuarial cost to the plan of resetting
the early retirement age under paragraph (a), the retired
legislator is required to pay an additional amount to cover the
full actuarial value. The additional amount must be paid in a
lump sum within 30 days of the certification of the amount by
the executive director.

(d) The executive director of the Minnesota State
Retirement System shall report to the Legislative Commission on
Pensions and Retirement on the utilization of this
provision new text begin annually new text end on or before September 1 deleted text begin , 2000 deleted text end .

Sec. 15.

Minnesota Statutes 2004, section 3A.02,
subdivision 3, is amended to read:

Subd. 3.

Appropriation.

The amounts required for payment
of retirement allowances provided by this section are
appropriated annually to the director from the participation new text begin of
the legislators retirement plan new text end in the Minnesota postretirement
investment fund deleted text begin and shall deleted text end new text begin . The retirement allowance must new text end be
paid monthly to the recipients entitled deleted text begin thereto deleted text end new text begin to those
retirement allowances new text end .

Sec. 16.

Minnesota Statutes 2004, section 3A.02,
subdivision 4, is amended to read:

Subd. 4.

Deferred annuities augmentation.

(a) The
deferred deleted text begin annuity deleted text end new text begin retirement allowance new text end of any former legislator
must be augmented as provided herein.

new text begin (b) new text end The required reserves applicable to the
deferred deleted text begin annuity deleted text end new text begin retirement allowance new text end , determined as of the date
the benefit begins to accrue using an appropriate mortality
table and an interest assumption of six percent, must be
augmented from the first of the month following new text begin the new text end termination
of new text begin active new text end service, or July 1, 1973, whichever is later, to the
first day of the month in which the deleted text begin annuity deleted text end new text begin allowance new text end begins to
accrue, at the new text begin following annually compounded new text end rate deleted text begin of five
percent per annum compounded annually until January 1, 1981, and
thereafter at the rate of three percent per annum compounded
annually until January 1 of the year in which the former
legislator attains age 55. From that date to the effective date
of retirement, the rate is five percent compounded annually. deleted text end new text begin or
rates:
new text end

new text begin rate new text end new text begin period
(1) five percent new text end new text begin until January 1, 1981
new text end

new text begin (2) three percent new text end new text begin from January 1, 1981, or from the
first day of the month following
the termination of active service,
whichever is later, until January 1
of the year in which the former
legislator attains age 55
(3) five percent new text end new text begin from the period end date under
clause (2) to the effective date
of retirement.
new text end

deleted text begin (b) The retirement allowance of, or the survivor benefit
payable on behalf of, a former member of the legislature who
terminated service before July 1, 1997, which is not first
payable until after June 30, 1997, must be increased on an
actuarial equivalent basis to reflect the change in the
postretirement interest rate actuarial assumption under section
356.215, subdivision 8, from five percent to six percent under a
calculation procedure and tables adopted by the board of
directors of the Minnesota State Retirement System and approved
by the actuary retained by the Legislative Commission on
Pensions and Retirement.
deleted text end

Sec. 17.

Minnesota Statutes 2004, section 3A.02,
subdivision 5, is amended to read:

Subd. 5.

Optional annuities.

(a) The board of directors
shall establish an optional retirement annuity in the form of a
joint and survivor annuity and an optional retirement annuity in
the form of a period certain and life thereafter. Except as
provided in paragraph (b), these optional annuity forms must be
actuarially equivalent to the normal deleted text begin annuity deleted text end new text begin allowance new text end computed
under this section, plus the actuarial value of any surviving
spouse benefit otherwise potentially payable at the time of
retirement under section 3A.04, subdivision 1. An individual
selecting an optional annuity under this subdivision deleted text begin waives deleted text end new text begin and
the person's spouse waive new text end any rights to surviving spouse
benefits under section 3A.04, subdivision 1.

(b) If a retired legislator selects the joint and survivor
annuity option, the retired legislator must receive a normal
single-life deleted text begin annuity deleted text end new text begin allowance new text end if the designated optional annuity
beneficiary dies before the retired legislator and no reduction
may be made in the annuity to provide for restoration of the
normal single-life deleted text begin annuity deleted text end new text begin allowance new text end in the event of the death
of the designated optional annuity beneficiary.

(c) The surviving spouse of a legislator who has attained
at least age 60 and who dies while a member of the legislature
may elect an optional joint and survivor annuity under paragraph
(a), in lieu of surviving spouse benefits under section 3A.04,
subdivision 1.

Sec. 18.

Minnesota Statutes 2004, section 3A.03,
subdivision 1, is amended to read:

Subdivision 1.

Percentage.

new text begin (a) new text end Every member of the
legislature shall contribute nine percent of total salary deleted text begin , deleted text end new text begin .
new text end

new text begin (b) The contribution must be made new text end by payroll deduction deleted text begin ,
to deleted text end new text begin and must new text end be paid into the state treasury and deposited in the
general fund. deleted text begin It shall be the duty of
deleted text end

new text begin (c) new text end The director deleted text begin to deleted text end new text begin must new text end record the periodic contributions
of each member of the legislature and new text begin must new text end credit deleted text begin such deleted text end new text begin each
new text end contribution to the member's account.

Sec. 19.

Minnesota Statutes 2004, section 3A.03,
subdivision 2, is amended to read:

Subd. 2.

Refund.

(a) A former member who has made
contributions under subdivision 1 and who is no longer a member
of the legislature is entitled to receive, upon written
application to the executive director on a form prescribed by
the executive director, a refund new text begin from the general fund new text end of all
contributions credited to the member's account with interest
computed as provided in section 352.22, subdivision 2.

(b) The refund of contributions as provided in paragraph (a)
terminates all rights of a former member of the legislature and
the survivors of the former member under this chapter.

(c) If the former member of the legislature again becomes a
member of the legislature after having taken a refund as
provided in paragraph (a), the member deleted text begin must be considered deleted text end new text begin is new text end a
deleted text begin new deleted text end member of deleted text begin this plan deleted text end new text begin the unclassified employees retirement
program of the Minnesota State Retirement System new text end .

new text begin (d) new text end However, the member may reinstate the rights and credit
for service previously forfeited new text begin under this chapter new text end if the
member repays all refunds taken new text begin , new text end plus interest at an annual rate
of 8.5 percent compounded annually from the date on which the
refund was taken to the date on which the refund is repaid.

deleted text begin (d) deleted text end new text begin (e) new text end No person may be required to apply for or to accept
a refund.

Sec. 20.

Minnesota Statutes 2004, section 3A.04,
subdivision 1, is amended to read:

Subdivision 1.

Surviving spouse.

new text begin (a) new text end Upon the death of a
member of the legislature while serving as deleted text begin such deleted text end new text begin a new text end member deleted text begin after
June 30, 1973 deleted text end , or upon the death of a former member of the
legislature with at least deleted text begin the number of deleted text end new text begin six full new text end years of
service deleted text begin as required by section 3A.02, subdivision 1, clause
(1) deleted text end new text begin or service in all or part of four regular legislative
sessions new text end , the surviving spouse deleted text begin shall be paid deleted text end new text begin is entitled to new text end a
survivor benefit deleted text begin in the amount of deleted text end new text begin .
new text end

new text begin (b) The surviving spouse benefit is new text end one-half of the
retirement allowance of the member of the legislature computed
as though the member were at least normal retirement age on the
date of death and based upon new text begin the member's new text end allowable service
or new text begin upon new text end eight years new text begin , new text end whichever is greater. The augmentation
provided in section 3A.02, subdivision 4, if applicable, deleted text begin shall
deleted text end new text begin must new text end be applied new text begin for the period up new text end to new text begin , and including, new text end the month
of death.

new text begin (c) new text end Upon the death of a former legislator receiving a
retirement allowance, the surviving spouse deleted text begin shall be deleted text end new text begin is new text end entitled
to one-half of the amount of the new text begin retirement new text end allowance being paid
to the legislator. deleted text begin Such
deleted text end

new text begin (d) The surviving spouse new text end benefit deleted text begin shall be paid during deleted text end new text begin is
payable for new text end the lifetime of the surviving spouse.

Sec. 21.

Minnesota Statutes 2004, section 3A.04,
subdivision 2, is amended to read:

Subd. 2.

Dependent children.

new text begin (a) new text end Upon the death of a
member of the legislature while serving as a member, or upon the
death of a former member of the legislature who has rendered at
least deleted text begin the number of deleted text end new text begin six full new text end years of service deleted text begin as required by
section 3A.02, subdivision 1, clause (1) deleted text end new text begin or service in all or
part of four regular legislative sessions new text end and who was not
receiving a retirement allowance, each dependent child of the
member or former legislator deleted text begin shall be deleted text end new text begin is new text end entitled to receive a
survivor benefit in the following amount:

new text begin (1) for the new text end first dependent child, a monthly deleted text begin allowance
which equals deleted text end new text begin benefit equal to new text end 25 percent of the monthly
retirement allowance of the member of the legislature or new text begin the
new text end former legislator computed as though the member or new text begin the new text end former
legislator had attained at least the normal retirement age on
the date of death and based upon the average monthly salary as
of the date of death or as of the date of termination, whichever
deleted text begin is applicable deleted text end new text begin applies new text end , and the new text begin member's new text end allowable service or
eight years new text begin , new text end whichever is greater;

new text begin (2) new text end for each additional dependent child, a monthly
deleted text begin allowance which equals deleted text end new text begin benefit equal to new text end 12-1/2 percent of the
monthly retirement allowance of the member or new text begin the new text end former
legislator computed as new text begin provided new text end in deleted text begin the case of the first child
deleted text end new text begin clause (1) new text end ; deleted text begin but deleted text end new text begin and
new text end

new text begin (3) new text end the total amount paid to the surviving spouse and new text begin to
the new text end dependent new text begin child or new text end children deleted text begin shall deleted text end new text begin may new text end not exceed new text begin , new text end in any
one month new text begin , new text end 100 percent of the monthly retirement allowance of
the member or new text begin of the new text end former legislator computed as new text begin provided new text end in
deleted text begin the case of the first child deleted text end new text begin clause (1) new text end .

new text begin (b) new text end The augmentation provided in section 3A.02, subdivision
4, if applicable, deleted text begin shall be applied deleted text end new text begin applies new text end from the first day of
the month next following the date of new text begin the new text end termination of new text begin the
person from new text end service as a member of the legislature to the month
of new text begin the new text end death new text begin of the person new text end .

new text begin (c) new text end Upon the death of a former legislator who was receiving
a retirement allowance, deleted text begin the deleted text end new text begin a new text end surviving dependent child deleted text begin shall be
deleted text end new text begin is new text end entitled to the applicable percentage specified deleted text begin above deleted text end new text begin in
paragraph (a), clause (1) or (2), whichever applies, new text end of the
amount of the allowance which was paid to the former legislator
for the month immediately deleted text begin prior to deleted text end new text begin before new text end the date of death new text begin of
the former legislator new text end .

new text begin (d) new text end The payments for dependent children deleted text begin shall deleted text end new text begin must new text end be made
to the surviving spouse or new text begin to new text end the guardian of the estate of the
dependent children, if there is one.

Sec. 22.

Minnesota Statutes 2004, section 3A.04,
subdivision 3, is amended to read:

Subd. 3.

Payment.

The surviving deleted text begin spouse's deleted text end new text begin spouse new text end and
dependent deleted text begin children's deleted text end new text begin child or children new text end survivor benefits payable
under this section deleted text begin shall be paid deleted text end new text begin are payable new text end by the director
monthly in the same manner as retirement allowances are
authorized to be paid by this chapter.

Sec. 23.

Minnesota Statutes 2004, section 3A.04,
subdivision 4, is amended to read:

Subd. 4.

Death refunds.

new text begin (a) new text end Upon the death of a member
of the legislature or new text begin of a new text end former legislator who was not
receiving a retirement allowance deleted text begin , deleted text end without new text begin leaving new text end either a
surviving spouse or new text begin a new text end dependent new text begin child or dependent new text end children, the
last designated beneficiary named on a form new text begin that was new text end filed with
the director before the death of the legislator, or if no
designation is filed, the estate of the member or new text begin the new text end former
legislator, upon application, deleted text begin shall be deleted text end new text begin is new text end entitled to a refund new text begin .
new text end

new text begin (b) The refund is the amount of contributions credited to
the person's account new text end plus interest as provided in section 3A.03,
subdivision 2, deleted text begin clause (2) deleted text end new text begin paragraph (a) new text end .

Sec. 24.

Minnesota Statutes 2004, section 3A.04, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Appropriation. new text end

new text begin The survivor benefits and the
death refunds authorized by this section are appropriated to the
director from the general fund when they are due and payable.
new text end

Sec. 25.

Minnesota Statutes 2004, section 3A.05, is
amended to read:

3A.05 APPLICATION FOR SURVIVOR BENEFIT.

new text begin (a) new text end Applications for survivor benefits deleted text begin pursuant to deleted text end new text begin under
new text end section 3A.04 deleted text begin shall deleted text end new text begin must new text end be filed with the director by the
surviving spouse and dependent new text begin child or new text end children entitled to
benefits deleted text begin pursuant to deleted text end new text begin under new text end section 3A.04, or by the guardian of
the estate, if there is one, of the dependent new text begin child or new text end children.

new text begin (b) new text end Survivor benefits deleted text begin shall deleted text end accrue as of the first day of
the month following the death of the member of the legislature
or former legislator and payments deleted text begin shall deleted text end commence as of the first
of the month next following the filing of the application,
and deleted text begin shall be deleted text end new text begin are new text end retroactive to the date the benefit accrues deleted text begin ;
provided, however, that no payment shall be retroactive for more
than deleted text end new text begin or the first of the month occurring new text end 12 months deleted text begin prior
to deleted text end new text begin before new text end the month new text begin in which new text end the application is filed with the
director new text begin , whichever is earlier new text end .

Sec. 26.

Minnesota Statutes 2004, section 3A.07, is
amended to read:

3A.07 APPLICATION.

(a) Except as provided in paragraph (b), this chapter
applies to members of the legislature in service after July 1,
1965, who otherwise meet the requirements of this chapter.

(b) Members of the legislature who were elected for the
first time after June 30, 1997, or members of the legislature
who were elected before July 1, 1997, and who, after July 1,
1998, elect not to be members of the plan established by this
chapter are covered by the unclassified employees retirement
program governed by chapter 352D.

(c) The post-July 1, 1998, coverage election under
paragraph (b) is irrevocable and must be made on a form
prescribed by the director. new text begin The second chance referendum
election under Laws 2002, chapter 392, article 15, also is
irrevocable.
new text end

Sec. 27.

Minnesota Statutes 2004, section 3A.10,
subdivision 1, is amended to read:

Subdivision 1.

Service credit for legislative term.

new text begin (a)
new text end In the case of a member of the house of representatives new text begin , new text end one
full term of office deleted text begin shall deleted text end new text begin must new text end be considered two full years new text begin of
new text end service new text begin , new text end notwithstanding the fact that the oath of office deleted text begin may be
deleted text end new text begin was new text end taken on different days each biennium.

new text begin (b) new text end In the case of a member of the senate, one full term of
office deleted text begin shall deleted text end new text begin must new text end be considered four full years new text begin of new text end service new text begin ,
new text end notwithstanding the fact that the oath of office deleted text begin may be deleted text end new text begin was
new text end taken on different days at the start of each term.

new text begin (c) new text end For purposes of this chapter, a legislative term deleted text begin shall
deleted text end new text begin must new text end be deemed to commence on January deleted text begin 1st deleted text end new text begin 1 new text end and to end on
December deleted text begin 31st deleted text end new text begin 31 new text end .

Sec. 28.

Minnesota Statutes 2004, section 3A.12, is
amended to read:

3A.12 COVERAGE BY MORE THAN ONE RETIREMENT SYSTEM OR
ASSOCIATION.

Subdivision 1.

Entitlement to annuity.

new text begin (a) new text end Any
legislator who has been deleted text begin an employee covered by deleted text end new text begin a member of a
retirement plan listed in paragraph (b) is entitled, when
otherwise qualified, to a retirement allowance or annuity from
each plan if the total allowable service in all plans or in any
two of these plans totals ten or more years.
new text end

new text begin (b) This section applies to any retirement plan or program
administered by new text end the Minnesota State Retirement System, or deleted text begin a
member of deleted text end new text begin any retirement plan administered by new text end the Public
Employees Retirement Association new text begin , new text end including the Public Employees
Retirement Association police and fire fund, or the Teachers
Retirement Association, or the Minneapolis employees
retirement deleted text begin Fund deleted text end new text begin plan new text end , or the State Patrol retirement deleted text begin fund deleted text end new text begin plan new text end ,
or any other public employee retirement system in the state of
Minnesota having a like provision deleted text begin but excluding all deleted text end new text begin .
new text end

new text begin (c) This section does not apply to new text end other deleted text begin funds deleted text end new text begin retirement
plans new text end providing benefits for police or firefighters deleted text begin , shall be
entitled when qualified to an annuity from each fund if the
total allowable service for which the legislator has credit in
all funds or in any two of these funds totals ten or more years,
provided deleted text end new text begin .
new text end

new text begin (d) new text end No portion of the allowable service upon which the
retirement annuity from one deleted text begin fund deleted text end new text begin plan new text end is based is again used in
the computation for benefits from another deleted text begin fund deleted text end new text begin plan new text end . The
annuity from each deleted text begin fund shall deleted text end new text begin plan must new text end be determined by the
appropriate provisions of the law new text begin , new text end except that the requirement
that a person must have deleted text begin at least ten deleted text end new text begin a minimum number of new text end years
new text begin of new text end allowable service in the respective system or
association deleted text begin shall deleted text end new text begin does new text end not apply for the purposes of this
section deleted text begin provided deleted text end new text begin if new text end the combined service in two or more of these
deleted text begin funds deleted text end new text begin plans new text end equals ten or more years. The augmentation of
deferred annuities provided in section 3A.02, subdivision
4, deleted text begin shall apply deleted text end new text begin applies new text end to the annuities accruing deleted text begin hereunder deleted text end new text begin under
this section new text end .

Subd. 2.

Refund repayment.

deleted text begin Any deleted text end new text begin A new text end former legislator who
has received a refund as provided in section 3A.03, subdivision
2, who is a currently contributing member of a retirement deleted text begin fund
deleted text end new text begin plan new text end specified in subdivision 1 new text begin , paragraph (b) new text end , may repay the
refund as provided in section 3A.03, subdivision 2. deleted text begin Any deleted text end new text begin A
new text end member of the legislature who has received a refund from any of
the deleted text begin funds deleted text end new text begin retirement plans new text end specified in subdivision 1 deleted text begin , deleted text end may repay
the refund to the respective deleted text begin fund deleted text end new text begin plan new text end under such terms and
conditions consistent with the law governing deleted text begin such fund deleted text end new text begin the
retirement plan new text end if the law governing deleted text begin such fund deleted text end new text begin the plan new text end permits
the repayment of refunds. If the total amount to be repaid,
including principal and interest exceeds $2,000, repayment may
be made in three equal installments over a period of 18 months,
with new text begin the new text end interest accrued during the period of new text begin the new text end repayment
added to the final installment.

Sec. 29.

Minnesota Statutes 2004, section 3A.13, is
amended to read:

3A.13 EXEMPTION FROM PROCESS AND TAXATION; HEALTH PREMIUM
DEDUCTION.

new text begin (a) new text end The provisions of section 352.15 deleted text begin shall deleted text end apply to the
legislators retirement plan, chapter 3A.

new text begin (b) new text end The executive director of the Minnesota State
Retirement System must, at the request of a retired legislator
who is enrolled in a health insurance plan covering state
employees, deduct the person's health insurance premiums from
the person's annuity and transfer the amount of the premium to a
health insurance carrier covering state employees.

Sec. 30.

new text begin [352C.001] RETIREMENT PLAN; APPLICATION.
new text end

new text begin (a) The retirement plan applicable to a former
constitutional officer who was first elected to a constitutional
office after July 1, 1967, and before July 1, 1997, is the
applicable portions of this chapter and chapter 356 in effect on
the date on which the person terminated active service as a
constitutional officer.
new text end

new text begin (b) Nothing in this section or section 31 or 77,
subdivision 2, is intended to reduce the benefits of former
constitutional officers or to adversely modify their eligibility
for benefits in effect as of the day before the effective date
of this section.
new text end

Sec. 31.

Minnesota Statutes 2004, section 352C.091,
subdivision 1, is amended to read:

Subdivision 1.

Administrative agency and standards.

deleted text begin This
chapter deleted text end new text begin (a) The elected officers retirement plan new text end must be
administered by the new text begin board of directors and the executive
director of the new text end Minnesota State Retirement System.

new text begin (b) new text end The elected state officers retirement plan must be
administered consistent with deleted text begin this chapter deleted text end new text begin the applicable
statutory provisions governing the plan new text end and chapters 356 and
356A.

Sec. 32.

Minnesota Statutes 2004, section 490.121,
subdivision 1, is amended to read:

Subdivision 1.

Scope.

For purposes of sections 490.121
to 490.132, new text begin unless the context clearly indicates otherwise, each
of the new text end terms defined in this section deleted text begin have deleted text end new text begin has new text end the deleted text begin meanings
deleted text end new text begin meaning new text end given deleted text begin them unless the context clearly indicates
otherwise deleted text end new text begin it new text end .

Sec. 33.

Minnesota Statutes 2004, section 490.121, is
amended by adding a subdivision to read:

new text begin Subd. 2a. new text end

new text begin Actuarial equivalent. new text end

new text begin "Actuarial equivalent"
means the condition of one annuity or benefit having an equal
actuarial present value as another annuity or benefit,
determined as of a given date with each actuarial present value
based on the appropriate mortality table adopted by the board of
directors of the Minnesota State Retirement System based on the
experience of the fund as recommended by the actuary retained
under section 356.214 and approved under section 356.215,
subdivision 18, and using the applicable preretirement or
postretirement interest rate assumption specified in section
356.215, subdivision 8.
new text end

Sec. 34.

Minnesota Statutes 2004, section 490.121,
subdivision 4, is amended to read:

Subd. 4.

Allowable service.

new text begin (a) new text end "Allowable service"
means any calendar month, subject to the service credit limit in
subdivision 22, served as a judge at any time, deleted text begin or deleted text end new text begin during which
the judge received compensation for that service from the state,
municipality, or county, whichever applies, and for which the
judge made any required member contribution. It also includes
any month new text end served as a referee in probate for all referees in
probate who were in office deleted text begin prior to deleted text end new text begin before new text end January 1, 1974.

new text begin (b) "Allowable service" does not mean service as a retired
judge.
new text end

Sec. 35.

Minnesota Statutes 2004, section 490.121,
subdivision 6, is amended to read:

Subd. 6.

Annuity.

"Annuity" means the payments new text begin that are
new text end made each year to an annuitant from the judges' retirement fund deleted text begin ,
pursuant to the provisions of deleted text end new text begin under new text end sections 490.121 to 490.132.

Sec. 36.

Minnesota Statutes 2004, section 490.121,
subdivision 7, is amended to read:

Subd. 7.

Annuitant.

"Annuitant" means a new text begin former new text end judge, new text begin a
new text end surviving spouse new text begin , new text end or new text begin a new text end dependent child new text begin who is new text end entitled to new text begin and is
receiving new text end an annuity under deleted text begin the provisions of deleted text end sections 490.121 to
490.132.

Sec. 37.

Minnesota Statutes 2004, section 490.121, is
amended by adding a subdivision to read:

new text begin Subd. 7a. new text end

new text begin Approved actuary. new text end

new text begin "Approved actuary" means an
actuary as defined in section 356.215, subdivision 1, paragraph
(c).
new text end

Sec. 38.

Minnesota Statutes 2004, section 490.121, is
amended by adding a subdivision to read:

new text begin Subd. 7b. new text end

new text begin Court. new text end

new text begin "Court" means any court of this state
that is established by the Minnesota Constitution.
new text end

Sec. 39.

Minnesota Statutes 2004, section 490.121, is
amended by adding a subdivision to read:

new text begin Subd. 7c. new text end

new text begin Dependent surviving child. new text end

new text begin "Dependent
surviving child" means any natural or adopted child of a
deceased judge who has not reached the age of 18 years, or
having reached the age of 18, is under age 22 and who is a
full-time student throughout the normal school year, is
unmarried, and is actually dependent for more than one-half of
the child's support upon the judge for a period of at least 90
days before the judge's death. It also includes any natural
child of the judge who was born after the death of the judge.
new text end

Sec. 40.

Minnesota Statutes 2004, section 490.121,
subdivision 13, is amended to read:

Subd. 13.

Disability.

"Disability" means new text begin the new text end permanent
inability new text begin of a judge to continue new text end to perform the functions of
judge by reason of new text begin a new text end physical or mental impairment resulting
from new text begin a new text end sickness or new text begin an new text end injury.

Sec. 41.

Minnesota Statutes 2004, section 490.121,
subdivision 14, is amended to read:

Subd. 14.

Disability retirement date.

"Disability
retirement date" means the last day of the first month after new text begin the
date on new text end which the governor determines, upon new text begin receipt of the
new text end voluntary application by the judge or otherwise, that a judge
suffers from a disability.

Sec. 42.

Minnesota Statutes 2004, section 490.121,
subdivision 15, is amended to read:

Subd. 15.

Disability retirement annuity.

"Disability
retirement annuity" means an annuity to which a judge is
entitled under section 490.124, subdivisions 1 and 4 new text begin , new text end after new text begin the
new text end retirement deleted text begin for reason deleted text end of new text begin the judge because of a new text end disability.

Sec. 43.

Minnesota Statutes 2004, section 490.121, is
amended by adding a subdivision to read:

new text begin Subd. 15a. new text end

new text begin Early retirement date. new text end

new text begin "Early retirement date"
means the last day of the month after a judge attains the age of
60 but before the judge reaches the normal retirement date.
new text end

Sec. 44.

Minnesota Statutes 2004, section 490.121, is
amended by adding a subdivision to read:

new text begin Subd. 15b. new text end

new text begin Early retirement annuity. new text end

new text begin "Early retirement
annuity" means an annuity to which a judge is entitled under
section 490.124, subdivisions 1 and 3, upon retirement by the
judge at an early retirement date.
new text end

Sec. 45.

Minnesota Statutes 2004, section 490.121,
subdivision 21, is amended to read:

Subd. 21.

Final average compensation.

"Final average
compensation" means the total amount of new text begin the new text end salary deleted text begin payable deleted text end new text begin paid
new text end to a judge in the highest five years new text begin out new text end of the last ten years
deleted text begin prior to deleted text end new text begin before new text end the deleted text begin event of maturity of benefits deleted text end new text begin termination of
judicial service new text end , divided by five deleted text begin ; provided, however, that deleted text end if
the number of years of service new text begin by the judge equals or exceeds
ten. If the number of years of service by the judge new text end is less
than ten new text begin , but more than five new text end , the highest five deleted text begin shall deleted text end new text begin years of
salary must new text end be counted deleted text begin , and deleted text end new text begin . new text end If the number of years new text begin of service
by the judge new text end is less than five, the aggregate salary deleted text begin in such deleted text end new text begin for
the new text end period deleted text begin shall deleted text end new text begin of service must new text end be divided by the number of
months in deleted text begin such deleted text end new text begin the new text end period and multiplied by 12.

Sec. 46.

Minnesota Statutes 2004, section 490.121, is
amended by adding a subdivision to read:

new text begin Subd. 21a. new text end

new text begin Judge. new text end

new text begin "Judge" means a judge or a justice of
any court as defined under subdivision 7b.
new text end

Sec. 47.

Minnesota Statutes 2004, section 490.121, is
amended by adding a subdivision to read:

new text begin Subd. 21b. new text end

new text begin Judges' retirement fund; retirement fund;
fund. new text end

new text begin "Judges' retirement fund," "retirement fund," or "fund"
means the fund created by section 490.123.
new text end

Sec. 48.

Minnesota Statutes 2004, section 490.121, is
amended by adding a subdivision to read:

new text begin Subd. 21c. new text end

new text begin Mandatory retirement date. new text end

new text begin "Mandatory
retirement date" means the last day of the month in which a
judge has attained 70 years of age.
new text end

Sec. 49.

Minnesota Statutes 2004, section 490.121, is
amended by adding a subdivision to read:

new text begin Subd. 21d. new text end

new text begin Normal retirement annuity. new text end

new text begin Except as
otherwise provided in sections 490.121 to 490.132, "normal
retirement annuity" means an annuity to which a judge is
entitled under section 490.124, subdivision 1, upon retirement
on or after the normal retirement date of the judge.
new text end

Sec. 50.

Minnesota Statutes 2004, section 490.121, is
amended by adding a subdivision to read:

new text begin Subd. 21e. new text end

new text begin Normal retirement date. new text end

new text begin "Normal retirement
date" means the last day of the month in which a judge attains
the age of 65.
new text end

Sec. 51.

Minnesota Statutes 2004, section 490.121,
subdivision 22, is amended to read:

Subd. 22.

Service credit limit.

"Service credit limit"
means the greater of: (1) 24 years of allowable service
under new text begin this new text end chapter deleted text begin 490 deleted text end ; or (2) for judges with allowable service
rendered deleted text begin prior to deleted text end new text begin before new text end July 1, 1980, the number of years of
allowable service under chapter 490, which, when multiplied by
the percentage listed in section 356.315, subdivision 7 or 8,
whichever is applicable to each year of service, equals 76.8.

Sec. 52.

Minnesota Statutes 2004, section 490.121, is
amended by adding a subdivision to read:

new text begin Subd. 23. new text end

new text begin Surviving spouse. new text end

new text begin "Surviving spouse" means the
surviving legally married spouse of a deceased judge.
new text end

Sec. 53.

Minnesota Statutes 2004, section 490.121, is
amended by adding a subdivision to read:

new text begin Subd. 24. new text end

new text begin Survivor's annuity. new text end

new text begin "Survivor's annuity" means
an annuity to which a surviving spouse or dependent child is
entitled under section 490.124, subdivision 9.
new text end

Sec. 54.

Minnesota Statutes 2004, section 490.122, is
amended to read:

490.122 ADMINISTRATION OF JUDGES' RETIREMENT.

new text begin Subdivision 1. new text end

new text begin Administration. new text end

The policy-making,
management, and administrative functions governing the operation
of the judges' retirement fund and the administration
of deleted text begin sections 490.121 to 490.132 deleted text end new text begin this chapter new text end are vested in the
board of directors and executive director of the Minnesota State
Retirement System deleted text begin with such deleted text end new text begin . In administering the plan and
fund, the board and the director have the same new text end duties,
authority, and responsibility as are provided in chapter 352.

new text begin Subd. 2. new text end

new text begin Inapplicability of certain laws. new text end

Except as
otherwise specified, no provision of chapter 352 applies to the
judges' retirement fund or any judge.

new text begin Subd. 3. new text end

new text begin Fiduciary responsibility. new text end

Fiduciary
activities deleted text begin of deleted text end new text begin relating to new text end the uniform new text begin judges' new text end retirement deleted text begin and
Survivors' Annuities for Judges deleted text end new text begin plan new text end must be undertaken in a
manner consistent with chapter 356A.

Sec. 55.

Minnesota Statutes 2004, section 490.123,
subdivision 1, is amended to read:

Subdivision 1.

Fund creation; revenue and authorized
disbursements.

new text begin (a) There is created a special fund to be known
as new text end the "judges' retirement fund new text begin . new text end "

new text begin (b) The judges' retirement fund new text end must be credited with all
contributions deleted text begin , deleted text end new text begin ; new text end all interest, new text begin dividends, and other investment
proceeds; new text end and all other income authorized by new text begin this chapter or
other applicable new text end law.

new text begin (c) new text end From this fund there are appropriated the payments
authorized by sections 490.121 to 490.132, in the amounts and at
the times provided, including the necessary and reasonable
expenses of the Minnesota State Retirement System in
administering the fund and the transfers to the Minnesota
postretirement investment fund.

Sec. 56.

Minnesota Statutes 2004, section 490.123,
subdivision 1a, is amended to read:

Subd. 1a.

Member contribution rates.

(a) A judge who is
covered by the federal Old Age, Survivors, Disability, and
Health Insurance Program new text begin and new text end whose service does not exceed the
service credit limit in section 490.121, subdivision 22, shall
contribute to the fund from each salary payment a sum equal to
8.00 percent of salary.

(b) deleted text begin A judge not so covered whose service does not exceed
the service credit limit in section 490.121, subdivision 22,
shall contribute to the fund from each salary payment a sum
equal to 8.15 percent of salary.
deleted text end

deleted text begin (c) deleted text end The contribution under this subdivision is payable by
salary deduction. new text begin The deduction must be made by the state court
administrator under section 352.04, subdivisions 4, 5, and 8.
new text end

Sec. 57.

Minnesota Statutes 2004, section 490.123,
subdivision 1b, is amended to read:

Subd. 1b.

Employer contribution rate.

new text begin (a) new text end The employer
contribution rate to the fund on behalf of a judge is 20.5
percent of salary deleted text begin and deleted text end new text begin . The employer obligation new text end continues after
a judge exceeds the service credit limit in section 490.121,
subdivision 22.

new text begin (b) new text end The employer contribution must be paid by the state
court administrator deleted text begin and deleted text end new text begin . The employer contribution new text end is payable
at the same time as member contributions new text begin are made new text end under
subdivision 1a or new text begin as new text end employee contributions new text begin are made new text end to the
unclassified deleted text begin plan in deleted text end new text begin program governed by new text end chapter 352D for judges
whose service exceeds the limit in section 490.121, subdivision
22, are remitted.

Sec. 58.

Minnesota Statutes 2004, section 490.123,
subdivision 1c, is amended to read:

Subd. 1c.

Additional employer contribution.

deleted text begin In the event
that deleted text end new text begin If new text end the employer contribution under subdivision 1b and the
assets of the judges retirement fund are insufficient to meet
reserve transfers to the Minnesota postretirement investment
fund or payments of survivor benefits deleted text begin before July 1, 1993 deleted text end new text begin in a
month new text end , the necessary amount is appropriated from the general
fund to the executive director of the Minnesota State Retirement
System, upon new text begin the new text end certification new text begin of the required amount new text end by the
executive director to the commissioner of finance.

Sec. 59.

Minnesota Statutes 2004, section 490.123,
subdivision 2, is amended to read:

Subd. 2.

Commissioner of finance.

The commissioner of
finance deleted text begin shall be deleted text end new text begin is the new text end ex officio treasurer of the judges'
retirement fund deleted text begin and the deleted text end new text begin . The new text end commissioner's general bond to the
state deleted text begin shall deleted text end new text begin must new text end be deleted text begin so deleted text end conditioned deleted text begin as deleted text end to cover all liability for
acting as new text begin the new text end treasurer of deleted text begin this deleted text end new text begin the new text end fund. All deleted text begin moneys deleted text end new text begin money
new text end received by the commissioner deleted text begin pursuant to deleted text end new text begin under new text end this section
deleted text begin shall deleted text end new text begin must new text end be set aside in the state treasury to the credit of
the judges' retirement fund. deleted text begin The commissioner shall transmit
monthly to the executive director described in section 352.03,
subdivision 5, a detailed statement of all amounts so received
and credited to the fund. The commissioner shall pay out the
fund only upon vouchers signed by said executive director;
provided that vouchers for investment may be signed by the
secretary of the State Board of Investment.
deleted text end

Sec. 60.

Minnesota Statutes 2004, section 490.123,
subdivision 3, is amended to read:

Subd. 3.

Investment.

new text begin (a) new text end The new text begin executive new text end director deleted text begin referred
to in subdivision 2 deleted text end new text begin of the Minnesota State Retirement System
new text end shall, from time to time, certify to the State Board of
Investment such portions of the judges' retirement fund as in
the director's judgment may not be required for immediate use.

new text begin (b) new text end Assets from the judges' retirement fund deleted text begin shall deleted text end new text begin must new text end be
transferred to the Minnesota postretirement investment fund for
retirement and disability benefits as provided in sections
11A.18 and 352.119.

new text begin (c) new text end The State Board of Investment shall thereupon invest
and reinvest sums so transferred, or certified, in such
securities as are duly authorized legal investments for such
purposes under section 11A.24 new text begin in compliance with sections
356A.04 and 356A.06 new text end .

Sec. 61.

Minnesota Statutes 2004, section 490.124,
subdivision 1, is amended to read:

Subdivision 1.

Basic retirement annuity.

new text begin (a) new text end Except as
qualified hereinafter from and after new text begin the new text end mandatory retirement
date, new text begin the new text end normal retirement date, new text begin the new text end early retirement date, or
one year from the disability retirement date, as the case may
be, new text begin a retiring judge is eligible to receive new text end a retirement annuity
deleted text begin shall be payable to a retiring judge deleted text end from the judges' retirement
fund deleted text begin in deleted text end new text begin .
new text end

new text begin (b) The retirement annuity is new text end an amount equal to: (1) the
percent specified in section 356.315, subdivision 7, multiplied
by the judge's final average compensation new text begin with that result then
new text end multiplied by the number of years and fractions of years of
allowable service rendered deleted text begin prior to deleted text end new text begin before new text end July 1, 1980; plus
(2) the percent specified in section 356.315, subdivision 8,
multiplied by the judge's final average compensation new text begin with that
result then new text end multiplied by the number of years and fractions of
years of allowable service rendered after June 30, 1980.

new text begin (c) new text end Service that exceeds the service credit limit in
section 490.121, subdivision 22, must be excluded in calculating
the retirement annuity, but new text begin the new text end compensation earned new text begin by the judge
new text end during this new text begin period of judicial new text end service must be used in
determining a judge's final average compensation and calculating
the retirement annuity.

Sec. 62.

Minnesota Statutes 2004, section 490.124,
subdivision 2, is amended to read:

Subd. 2.

Minimum service requirement deleted text begin ; extension of term deleted text end .

deleted text begin No deleted text end new text begin (a) Unless section 356.30 applies, a new text end judge deleted text begin shall be deleted text end new text begin is not
new text end eligible for an annuity at new text begin the new text end normal new text begin retirement date new text end or new text begin the
new text end early retirement date if the judge has less than five years of
allowable service.

new text begin (b) new text end A judge who deleted text begin shall retire deleted text end new text begin retires new text end on or, as permitted
under sections 490.121 to 490.132, after new text begin the judge's new text end mandatory
retirement date, deleted text begin shall be deleted text end new text begin is new text end entitled to a proportionate annuity
based upon the allowable service of the judge at new text begin the new text end date of
retirement.

deleted text begin A judge who was in office on December 31, 1973, and
thereafter and who, by the date on which the current term
expires, would not be eligible to retire with full benefits
under statutes in effect on December 31, 1973, may apply to the
governor for an extension to serve up to three additional years,
stating the intention of the judge to retire upon attaining
eligibility to receive a retirement allowance. Notwithstanding
section 490.125, the governor shall forthwith make a written
order accepting the retirement application, and extending the
term of office of the judge for the period of time, not to
exceed three years, as may be necessary to make the judge
eligible for retirement, solely for purposes of computing
benefits hereunder.
deleted text end

Sec. 63.

Minnesota Statutes 2004, section 490.124,
subdivision 3, is amended to read:

Subd. 3.

Early new text begin reduced new text end retirement.

The retirement
annuity deleted text begin provided by deleted text end new text begin under new text end subdivision 1 of any judge deleted text begin electing
deleted text end new text begin who elects new text end to retire at an early retirement date deleted text begin shall deleted text end new text begin must new text end be
reduced by one-half of one percent per month from the retirement
date to new text begin the new text end normal retirement date.

Sec. 64.

Minnesota Statutes 2004, section 490.124,
subdivision 4, is amended to read:

Subd. 4.

Disability retirement.

new text begin (a) When the governor
determines that a judge is disabled under section 490.121,
subdivision 13, notice of the governor's determination must be
sent to the judge, the chief justice of the Supreme Court, the
state court administrator, and the executive director of the
Minnesota State Retirement System.
new text end

new text begin (b) new text end From and after disability retirement date, a disabled
judge deleted text begin shall be deleted text end new text begin is new text end entitled to continuation of the judge's full
salary payable by the judge's employer, as if the judge's office
were not vacated by retirement, for a period of up to one full
year, but in no event beyond the judge's mandatory retirement
date. During this year the judge deleted text begin will deleted text end new text begin is entitled to new text end earn
additional service credit new text begin in the judges' retirement plan new text end . The
salary deleted text begin earned will be deleted text end new text begin payable to a disabled judge is new text end subject to
retirement deductions and deleted text begin will deleted text end new text begin must new text end be included in computing
final average compensation new text begin of the judge new text end . deleted text begin Thereafter
deleted text end

new text begin (c) At the conclusion of the year of continued salary
following a disability or upon the judge's mandatory retirement
date, whichever is earlier, the disabled judge is entitled to new text end a
disability retirement annuity computed as provided in
subdivision 1 deleted text begin shall be paid, provided that deleted text end new text begin . If the computed
retirement annuity is a smaller amount, new text end the judge deleted text begin shall deleted text end new text begin is
entitled to new text end receive a minimum annuity of 25 percent of the
judge's final average compensation.

Sec. 65.

Minnesota Statutes 2004, section 490.124,
subdivision 5, is amended to read:

Subd. 5.

Deferred benefits.

(a) deleted text begin Any deleted text end new text begin A new text end benefit to which a
judge is entitled under this section may be deferred until new text begin the
new text end early or normal retirement date new text begin or later new text end , notwithstanding new text begin the
new text end termination of deleted text begin such deleted text end new text begin the new text end judge's service prior thereto.

(b) The retirement annuity of, or the survivor benefit
payable on behalf of, a former judge, who terminated service
before July 1, 1997, which is not first payable until after June
30, 1997, must be increased on an actuarial equivalent basis to
reflect the change in the postretirement interest rate actuarial
assumption under section 356.215, subdivision 8, from five
percent to six percent under a calculation procedure and tables
adopted by the board of directors of the Minnesota State
Retirement System and approved by the actuary retained deleted text begin by the
Legislative Commission on Pensions and Retirement deleted text end new text begin under section
356.214 new text end .

Sec. 66.

Minnesota Statutes 2004, section 490.124,
subdivision 8, is amended to read:

Subd. 8.

Exclusive normal retirement benefits.

deleted text begin Any deleted text end new text begin (a)
Except as provided in paragraph (b), a new text end judge who retires after
December 31, 1973, deleted text begin shall be deleted text end new text begin is new text end entitled to a retirement pension,
retirement compensation or other retirement payment under
statutes applicable solely to judges deleted text begin pursuant to deleted text end new text begin under new text end this
section only deleted text begin , except that any such deleted text end new text begin .
new text end

new text begin (b) A new text end judge new text begin who was new text end in office deleted text begin prior to deleted text end new text begin before new text end January 1,
1974, who retires at or after normal retirement age may then
elect to receive during the judge's lifetime a normal retirement
annuity computed on the basis of retirement compensation
provided for such judge under statutes in effect on December 31,
1973, in lieu of the amount of normal retirement annuity
otherwise computed under sections 490.121 to 490.132.

deleted text begin For purposes of this subdivision, the Conciliation Court of
the city of Duluth shall be deemed to have been a court of
record by the statutes in effect on December 31, 1973.
deleted text end

Sec. 67.

Minnesota Statutes 2004, section 490.124,
subdivision 9, is amended to read:

Subd. 9.

Survivors' annuity.

new text begin (a) new text end Upon the death of a
judge deleted text begin prior to deleted text end new text begin before new text end retirement, or upon the death of a person
who has qualified for an annuity new text begin under this section new text end but who
ceases to be a judge deleted text begin prior to deleted text end new text begin before new text end retirement and has new text begin who new text end not
received a refund of contributions deleted text begin pursuant to deleted text end new text begin under new text end subdivision
12, a surviving spouse new text begin is entitled to, new text end or, if there be no
surviving spouse, dependent children, deleted text begin shall deleted text end new text begin are entitled to
new text end receive an annuity, payable monthly, equal new text begin in total new text end to 60
percent of the normal retirement annuity which would have been
payable to the judge or former judge had the date of death been
the normal retirement date deleted text begin , provided that the deleted text end new text begin .
new text end

new text begin (b) The annuity payable to a new text end surviving spouse or new text begin to
new text end dependent children deleted text begin shall receive an annuity deleted text end new text begin is an amount new text end of not
less than 25 percent of the judge's or new text begin the new text end former judge's final
average compensation.

deleted text begin If a judge, whose surviving spouse was not entitled to
survivors benefits provided solely for judges under statutes in
effect prior to January 1, 1974, shall have died prior to
retirement on or after May 23, 1973 and before January 1, 1974,
a surviving spouse and dependent children, if any, shall be
entitled to survivors benefits as provided hereunder as if such
judge had died on January 1, 1974.
deleted text end

Sec. 68.

Minnesota Statutes 2004, section 490.124,
subdivision 10, is amended to read:

Subd. 10.

Prior survivors' benefits; limitation.

new text begin (a)
new text end Benefits provided deleted text begin pursuant to deleted text end new text begin under new text end section 490.102, subdivision
6, or 490.1091, for a surviving spouse of a retired judge,
payable after the death of the judge, deleted text begin shall be deleted text end new text begin are new text end limited to deleted text begin :
deleted text end

deleted text begin (a) deleted text end spouses of judges who have retired deleted text begin prior to deleted text end new text begin before
new text end January 1, 1974 deleted text begin ; and deleted text end new text begin .
new text end

(b) deleted text begin spouses of judges in office on December 31, 1973 and
thereafter who elect to continue contributions pursuant to
section 490.102, subdivision 6 or 490.109. The contributions
shall be in addition to contributions pursuant to section
490.123, and upon retirement the judge may not elect to receive
any optional annuity pursuant to subdivision 11 unless the judge
and the spouse shall waive any benefits pursuant to section
490.102, subdivision 6 or 490.1091.
deleted text end

No other judge in office on or after January 1, 1974, deleted text begin shall
be deleted text end new text begin is new text end required to contribute deleted text begin pursuant to deleted text end new text begin under new text end section 490.102,
subdivision 6 new text begin , new text end or 490.109.

Sec. 69.

Minnesota Statutes 2004, section 490.124,
subdivision 11, is amended to read:

Subd. 11.

new text begin limitation on survivor benefits; new text end optional
annuities.

new text begin (a) new text end No survivor or death benefits may be paid in
connection with the death of a judge who retires after December
31, 1973, except as otherwise provided in sections 490.121 to
490.132.

new text begin (b) new text end Except as provided in subdivision 10, a judge may elect
to receive, instead of the normal retirement annuity, an
optional retirement annuity in the form of new text begin either (1) new text end an annuity
payable for a period certain and for life after that period, new text begin (2)
new text end a joint and survivor annuity without reinstatement deleted text begin in the event
of deleted text end new text begin if new text end the designated beneficiary deleted text begin predeceasing deleted text end new text begin predeceases new text end the
retired judge, or new text begin (3) new text end a joint and survivor annuity with
reinstatement deleted text begin in the event of deleted text end new text begin if new text end the designated beneficiary
deleted text begin predeceasing deleted text end new text begin predeceases new text end the retired judge.

new text begin (c) new text end An optional retirement annuity must be actuarially
equivalent to a single-life annuity with no term certain and
must be established by the board of directors of the Minnesota
State Retirement System. In establishing these optional
retirement annuity forms, the board shall obtain the written
recommendation of the actuary retained deleted text begin by the Legislative
Commission on Pensions and Retirement deleted text end new text begin under section 356.214 new text end .
The recommendations must be new text begin retained as new text end a part of the permanent
records of the board.

Sec. 70.

Minnesota Statutes 2004, section 490.124,
subdivision 12, is amended to read:

Subd. 12.

Refund.

(a) A person who ceases to be a
judge deleted text begin but who does not qualify for a retirement annuity or other
benefit under section 490.121 deleted text end is entitled to a refund in an
amount new text begin that is new text end equal to all new text begin of new text end the member's employee
contributions to the judges' retirement fund plus interest
computed under section 352.22, subdivision 2.

(b) A refund of contributions under paragraph (a)
terminates all service credits and all rights and benefits of
the judge and the judge's survivors new text begin under this chapter new text end .

new text begin (c) new text end A person who becomes a judge again after taking a
refund under paragraph (a) may reinstate the previously
terminated new text begin allowable new text end service deleted text begin credits deleted text end new text begin credit new text end , rights, and
benefits by repaying the total amount of the previously received
refund. The refund repayment must include interest on the total
amount previously received at an annual rate of 8.5 percent new text begin ,
new text end compounded annually new text begin , new text end from the date on which the refund was
received until the date on which the refund is repaid.

Sec. 71.

Minnesota Statutes 2004, section 490.124,
subdivision 13, is amended to read:

Subd. 13.

Death refund.

If a judge who has not received
other benefits under this chapter dies and there are no survivor
benefits payable under this chapter, a refund plus interest as
provided in subdivision 12 is payable to the last designated
beneficiary named on a form filed with the director before the
death of the judge, or new text begin , new text end if no designation is on file, deleted text begin the refund
is payable deleted text end to the estate of the deceased judge.

Sec. 72.

Minnesota Statutes 2004, section 490.125,
subdivision 1, is amended to read:

Subdivision 1.

Mandatory retirement new text begin age new text end .

Except as
otherwise provided in sections 490.121 to 490.132, deleted text begin each deleted text end new text begin a new text end judge
shall deleted text begin retire deleted text end new text begin terminate active service as a judge new text end on the judge's
mandatory retirement date.

Sec. 73.

Minnesota Statutes 2004, section 490.126, is
amended to read:

490.126 PROCEDURES.

Subdivision 1.

Compulsory retirement.

Proceedings for
compulsory retirement of a judge, if necessary, deleted text begin shall deleted text end new text begin must new text end be
conducted in accordance with rules issued by the Supreme Court
deleted text begin pursuant to deleted text end new text begin under new text end section 490.16.

Subd. 2.

Vacancies.

Any judge may make written
application to the governor for retirement. The governor
thereupon shall direct the judge's retirement by written order
which, when filed in the Office of the Secretary of State, deleted text begin shall
effect deleted text end new text begin effects new text end a vacancy in the office to be filled as provided
by law.

Subd. 3.

Application for annuity or refund.

new text begin An
new text end application for an annuity or new text begin a new text end refund under sections 490.121 to
490.132 may be made by the new text begin potential new text end annuitant or by someone
authorized to act for the new text begin potential new text end annuitant. Every
application for an annuity or refund, deleted text begin with deleted text end new text begin accompanied by a
new text end proof of age and new text begin by a record of new text end years of service when
required, deleted text begin shall deleted text end new text begin must new text end be submitted to the deleted text begin governing
body deleted text end new text begin executive director new text end of the Minnesota State Retirement System
in a form prescribed by deleted text begin it deleted text end new text begin the director new text end .

Subd. 4.

Manner of payment.

Unless otherwise
specifically provided by statute or agreed upon by the annuitant
and the deleted text begin governing body deleted text end new text begin board of directors new text end of the new text begin Minnesota new text end State
Retirement System, annuities payable under sections 490.121 to
490.132 deleted text begin shall deleted text end new text begin must new text end be paid in the manner and at the intervals as
prescribed by the executive director of the new text begin Minnesota new text end State
Retirement System. The annuity deleted text begin shall cease deleted text end new text begin ceases new text end with the last
payment received by the annuitant while living.

Subd. 5.

Exemption from process; no assignment.

None of
the money, annuities, or other benefits provided in this chapter
is assignable either in law or equity or is subject to new text begin state
estate tax, or to new text end execution, levy, attachment, garnishment, or
other legal process, except as provided in section 518.58,
518.581, or 518.6111.

Sec. 74.

Minnesota Statutes 2004, section 490.133, is
amended to read:

490.133 RETIREMENT; TRANSITION PROVISIONS; TRANSFER TO
COURT OF APPEALS.

new text begin (a) new text end If a judge to whom or to whose survivors benefits would
be payable under sections 490.101 to 490.12 deleted text begin , deleted text end is elected or
appointed to the Court of Appeals, that judge and the judge's
survivors deleted text begin , shall deleted text end continue to be eligible for benefits under
those sections and not under sections 490.121 to 490.132.

new text begin (b) new text end In deleted text begin that deleted text end new text begin the new text end case new text begin of a judge to whom paragraph (a)
applies new text end , the service of the judge in the Court of Appeals deleted text begin shall
deleted text end new text begin must new text end be added to the new text begin prior new text end service as district judge, probate
judge, or judge of any other court of record in determining
eligibility and the compensation of a judge of the Court of
Appeals at the time of the judge's death, disability, or
retirement deleted text begin shall be deleted text end new text begin is new text end the "compensation allotted to the office"
for the purposes of calculating benefit amounts.

new text begin (c) new text end All other judges of the Court of Appeals and their
survivors deleted text begin shall be deleted text end new text begin are new text end subject to the retirement and survivor's
annuity provisions of sections 490.121 to 490.132.

Sec. 75.

new text begin [490A.01] BOARD OF JUDICIAL STANDARDS;
ESTABLISHMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; composition. new text end

new text begin The Board on
Judicial Standards is established. The Board on Judicial
Standards is a continuation of the board established by Laws
1971, chapter 909, sections 1 and 2, as amended. For the
purposes of this chapter, "board" means the Board on Judicial
Standards.
new text end

new text begin Subd. 2. new text end

new text begin Composition; appointment. new text end

new text begin (a) The board
consists of one judge of the Court of Appeals, three trial court
judges, two lawyers who have practiced law in the state for at
least ten years, and four citizens who are not judges, retired
judges, or lawyers.
new text end

new text begin (b) All members must be appointed by the governor with the
advice and consent of the senate. Senate confirmation is not
required for judicial members.
new text end

new text begin Subd. 3. new text end

new text begin Term maximum; membership termination. new text end

new text begin No member
may serve more than two full four-year terms or their equivalent.
Membership terminates if a member ceases to hold the position
that qualified the member for appointment.
new text end

new text begin Subd. 4. new text end

new text begin Member terms; compensation; removal. new text end

new text begin The
membership terms, compensation, removal of members, and filling
of vacancies on the board are as provided in section 15.0575.
new text end

new text begin Subd. 5. new text end

new text begin Executive secretary appointment; salary. new text end

new text begin (a)
The board shall appoint the executive secretary.
new text end

new text begin (b) The salary of the executive secretary of the board is
85 percent of the maximum salary provided for an administrative
law judge under section 15A.083, subdivision 6a.
new text end

Sec. 76.

new text begin [490A.02] JUDICIAL STANDARDS BOARD; POWERS.
new text end

new text begin Subdivision 1. new text end

new text begin Judicial disqualification. new text end

new text begin A judge is
disqualified from acting as a judge, without a loss of salary,
while there is pending an indictment or any information charging
the judge with a crime that is punishable as a felony under
either Minnesota law or federal law, or while there is pending a
recommendation to the Supreme Court by the Board on Judicial
Standards for the judge's removal or retirement.
new text end

new text begin Subd. 2. new text end

new text begin Judicial suspension. new text end

new text begin On receipt of a
recommendation of the Board on Judicial Standards or on its own
motion, the Supreme Court may suspend a judge from office
without salary when the judge pleads guilty to or no contest to
or is found guilty of a crime that is punishable as a felony
under either Minnesota law or federal law or any other crime
that involves moral turpitude. If the conviction is reversed,
the suspension terminates and the judge must be paid a salary
for the period of suspension. If the judge is suspended and the
conviction becomes final, the Supreme Court shall remove the
judge from office.
new text end

new text begin Subd. 3. new text end

new text begin Judicial disability. new text end

new text begin On receipt of a
recommendation of the Board on Judicial Standards, the Supreme
Court may retire a judge for a disability that the court
determines seriously interferes with the performance of the
judge's duties and is or is likely to become permanent, and
censure or remove a judge for an action or inaction that may
constitute persistent failure to perform the judge's duties,
incompetence in performing the judge's duties, habitual
intemperance, or conduct prejudicial to the administration of
justice that brings the judicial office into disrepute.
new text end

new text begin Subd. 4. new text end

new text begin Authority to reopen matters. new text end

new text begin The board is
specifically empowered to reopen any matter wherein any
information or evidence was previously precluded by a statute of
limitations or by a previously existing provision of time
limitation.
new text end

new text begin Subd. 5. new text end

new text begin Retirement status. new text end

new text begin (a) A judge who is retired
by the Supreme Court must be considered to have retired
voluntarily.
new text end

new text begin (b) This section and section 490A.01 must not affect the
right of a judge who is suspended, retired, or removed under
this section from qualifying for any pension or other retirement
benefits to which the judge would otherwise be entitled by law
to receive.
new text end

new text begin Subd. 6. new text end

new text begin Eligibility for judicial office; practice
law. new text end

new text begin A judge removed by the Supreme Court is ineligible for any
future service in a judicial office. The question of the right
of a removed judge to practice law in this state must be
referred to the proper authority for review.
new text end

new text begin Subd. 7. new text end

new text begin Supreme court rules. new text end

new text begin The Supreme Court shall
make rules to implement this section.
new text end

Sec. 77. new text begin REPEALER; EFFECT ON BENEFIT COVERAGE.
new text end

new text begin Subdivision 1. new text end

new text begin Legislators retirement plan; repealed as
obsolete. new text end

new text begin Minnesota Statutes 2004, sections 3A.01, subdivisions
3, 4, 6a, and 7; 3A.02, subdivision 2; 3A.04, subdivision 1; and
3A.09, are repealed.
new text end

new text begin Subd. 2. new text end

new text begin Elective state officers retirement plan;
repealed as obsolete. new text end

new text begin Minnesota Statutes 2004, sections
352C.01; 352C.011; 352C.021; 352C.031; 352C.033; 352C.04;
352C.051; 352C.09; and 352C.091, subdivisions 2 and 3, are
repealed.
new text end

new text begin Subd. 3. new text end

new text begin Judicial retirement plans; repealed as
obsolete. new text end

new text begin Minnesota Statutes 2004, sections 490.021; 490.025,
subdivisions 1, 2, 3, 4, and 6; 490.101; 490.102; 490.103;
490.105; 490.106; 490.107; 490.108; 490.109; 490.1091; 490.12;
and 490.121, subdivisions 2, 3, 5, 8, 9, 10, 11, 12, 16, 17, 18,
19, and 20, are repealed.
new text end

new text begin Subd. 4. new text end

new text begin Judicial standards board; repealed for
relocation as minnesota statutes, chapter 490a. new text end

new text begin Minnesota
Statutes 2004, sections 490.021; 490.025, subdivisions 1, 2, 3,
4, and 6; 490.101; 490.102; 490.103; 490.105; 490.106; 490.107;
490.108; 490.109; 490.1091; 490.12; and 490.121, subdivisions 2,
3, 5, 8, 9, 10, 11, 12, 16, 17, 18, 19, and 20, are repealed.
new text end

new text begin Subd. 5. new text end

new text begin Uniform judicial retirement plan; no benefit
diminishment intended; procedure. new text end

new text begin Sections 32 to 76 are not
intended to reduce or increase the entitlement of active,
deferred, or retired judges to retirement annuities or benefits
as of July 1, 2005, as reflected in the records of the Minnesota
State Retirement System. If the executive director of the
Minnesota State Retirement System determines that any provisions
of sections 32 to 76 functions to modify, impair, or diminish
the retirement annuity or benefit entitlement of any judge that
had accrued or earned before July 1, 2005, the executive
director shall certify that determination and a recommendation
as to the required legislative correction to the chair of the
Legislative Commission on Pensions and Retirement, the chair of
the senate State and Local Governmental Operations Committee,
the chair of the house Governmental Operations and Veterans
Affairs Policy Committee, and the executive director of the
Legislative Commission on Pensions and Retirement on or before
the October 1 next following that determination.
new text end

Sec. 78. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective on July 1, 2005.
new text end

ARTICLE 2

COVERED SALARY; AVERAGE SALARY

Section 1.

Minnesota Statutes 2004, section 352.01, is
amended by adding a subdivision to read:

new text begin Subd. 14a. new text end

new text begin Average salary. new text end

new text begin (a) "Average salary" means
the average of the highest five successive years of salary upon
which the employee has made contributions to the retirement fund
by payroll deductions. Average salary must be based upon all
allowable service if this service is less than five years.
new text end

new text begin (b) "Average salary" does not include the payment of
accrued unused annual leave or overtime paid at time of final
separation from state service if paid in a lump sum nor does it
include the reduced salary, if any, paid during the period the
employee is entitled to workers' compensation benefit payments
for temporary disability.
new text end

new text begin (c) For an employee covered by the correctional state
employees retirement plan, "average salary" means the average of
the monthly salary during the employee's highest five successive
years of salary as an employee covered by the general state
employees retirement plan, or the correctional state employees
retirement plan, or by a combination of the two. If the total
of the covered service is less than five years, the
determination of average salary must be based on all allowable
service.
new text end

Sec. 2.

Minnesota Statutes 2004, section 352.115,
subdivision 2, is amended to read:

Subd. 2.

deleted text begin average salary deleted text end new text begin normal retirement annuity new text end .

The
retirement annuity hereunder payable at normal retirement age or
thereafter must be computed in accordance with the applicable
provisions of the formula stated in subdivision 3, on the basis
of the employee's average salary for the period of allowable
service. This retirement annuity is known as the "normal"
retirement annuity.

deleted text begin For each year of allowable service, "average salary" of an
employee in determining a retirement annuity means the average
of the highest five successive years of salary upon which the
employee has made contributions to the retirement fund by
payroll deductions. Average salary must be based upon all
allowable service if this service is less than five years.
deleted text end

deleted text begin "Average salary" does not include the payment of accrued
unused annual leave or overtime paid at time of final separation
from state service if paid in a lump sum nor does it include the
reduced salary, if any, paid during the period the employee is
entitled to workers' compensation benefit payments for temporary
disability.
deleted text end

Sec. 3.

Minnesota Statutes 2004, section 352.115,
subdivision 3, is amended to read:

Subd. 3.

Retirement annuity formula.

(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) will apply. The employee's average salary, as
defined in new text begin section 352.01, new text end subdivision deleted text begin 2 deleted text end new text begin 14a new text end , multiplied by the
percent specified in section 356.315, subdivision 1, per year of
allowable service for the first ten years and the percent
specified in section 356.315, subdivision 2, for each later year
of allowable service and pro rata for completed months less than
a full year shall determine the amount of the retirement annuity
to which the employee is entitled.

(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. The employee's average salary, as defined in new text begin section 352.01,
new text end subdivision deleted text begin 2 deleted text end new text begin 14a new text end , multiplied by the percent specified in
section 356.315, subdivision 2, for each year of allowable
service and pro rata for months less than a full year shall
determine the amount of the retirement annuity to which the
employee is entitled.

Sec. 4.

Minnesota Statutes 2004, section 352.87,
subdivision 3, is amended to read:

Subd. 3.

Retirement annuity formula.

A person specified
in subdivision 1 deleted text begin will have deleted text end new text begin is entitled to receive new text end a retirement
annuity applicable for allowable service credit under this
section calculated by multiplying the employee's average salary,
as defined in section deleted text begin 352.115 deleted text end new text begin 352.01 new text end , subdivision deleted text begin 2 deleted text end new text begin 14a new text end , by the
percent specified in section 356.315, subdivision 2a, for each
year or portions of a year of allowable service credit. No
reduction for retirement deleted text begin prior to deleted text end new text begin before the new text end normal retirement
age, as specified in section 352.01, subdivision 25, applies to
service to which this section applies.

Sec. 5.

Minnesota Statutes 2004, 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
352.91 who has reached age 55 years and has credit for at least
three years of covered correctional service new text begin or a combination of
covered correctional service new text end and deleted text begin regular Minnesota deleted text end new text begin general
employees new text end state retirement deleted text begin System deleted text end new text begin plan new text end service is entitled upon
application to a retirement annuity under this section new text begin , new text end 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.

deleted text begin In this section, "average salary" means the average of the
monthly salary during the employee's highest five successive
years of salary as an employee covered by the Minnesota State
Retirement System. Average salary must be based upon all
allowable service if this service is less than five years.
deleted text end

Sec. 6.

Minnesota Statutes 2004, section 352C.021, is
amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Average salary. new text end

new text begin "Average salary," for purposes
of calculating the normal retirement annuity under section
352C.031, subdivision 4, means the average of the highest five
successive years of salary upon which contributions have been
made under section 352C.09.
new text end

Sec. 7.

Minnesota Statutes 2004, section 353.01,
subdivision 10, is amended to read:

Subd. 10.

Salary.

(a) "Salary" means:

(1) the periodic compensation of a public employee, before
deductions for deferred compensation, supplemental retirement
plans, or other voluntary salary reduction programs, and also
means "wages" and includes net income from fees;

new text begin (2) for a public employee who is covered by a supplemental
retirement plan under section 356.24, subdivision 1, clause (8),
(9), or (10), which require all plan contributions be made by
the employer, the contribution to the applicable supplemental
retirement plan when the contribution is from mandatory
withholdings from employees' wages; new text end and

deleted text begin (2) deleted text end new text begin (3) new text end for a public employee who has prior service covered
by a local police or firefighters relief association that has
consolidated with the Public Employees Retirement Association or
to which section 353.665 applies and who has elected coverage
either under the public employees police and fire fund benefit
plan under section 353A.08 following the consolidation or under
section 353.665, subdivision 4, the rate of salary upon which
member contributions to the special fund of the relief
association were made prior to the effective date of the
consolidation as specified by law and by bylaw provisions
governing the relief association on the date of the initiation
of the consolidation procedure and the actual periodic
compensation of the public employee after the effective date of
consolidation.

(b) Salary does not mean:

(1) the fees paid to district court reporters, unused
annual vacation or sick leave payments, in lump-sum or periodic
payments, severance payments, reimbursement of expenses,
lump-sum settlements not attached to a specific earnings period,
or workers' compensation payments;

(2) employer-paid amounts used by an employee toward the
cost of insurance coverage, employer-paid fringe benefits,
flexible spending accounts, cafeteria plans, health care expense
accounts, day care expenses, or any payments in lieu of any
employer-paid group insurance coverage, including the difference
between single and family rates that may be paid to a member
with single coverage and certain amounts determined by the
executive director to be ineligible;

(3) the amount equal to that which the employing
governmental subdivision would otherwise pay toward single or
family insurance coverage for a covered employee when, through a
contract or agreement with some but not all employees, the
employer:

(i) discontinues, or for new hires does not provide,
payment toward the cost of the employee's selected insurance
coverages under a group plan offered by the employer;

(ii) makes the employee solely responsible for all
contributions toward the cost of the employee's selected
insurance coverages under a group plan offered by the employer,
including any amount the employer makes toward other employees'
selected insurance coverages under a group plan offered by the
employer; and

(iii) provides increased salary rates for employees who do
not have any employer-paid group insurance coverages;

(4) except as provided in section 353.86 or 353.87,
compensation of any kind paid to volunteer ambulance service
personnel or volunteer firefighters, as defined in subdivision
35 or 36; and

(5) the amount of compensation that exceeds the limitation
provided in section 356.611.

(c) Amounts provided to an employee by the employer through
a grievance proceeding or a legal settlement are salary only if
the settlement is reviewed by the executive director and the
amounts are determined by the executive director to be
consistent with paragraph (a) and prior determinations.

Sec. 8.

Minnesota Statutes 2004, section 353.01, is
amended by adding a subdivision to read:

new text begin Subd. 17a. new text end

new text begin Average salary. new text end

new text begin (a) "Average salary," for
purposes of calculating a retirement annuity under section
353.29, subdivision 3, means an amount equivalent to the average
of the highest salary of the member, police officer, or
firefighter, whichever applies, upon which employee
contributions were paid for any five successive years of
allowable service, based on dates of salary periods as listed on
salary deduction reports. Average salary must be based upon all
allowable service if this service is less than five years.
new text end

new text begin (b) "Average salary" may not include any reduced salary
paid during a period in which the employee is entitled to
benefit payments from workers' compensation for temporary
disability, unless the average salary is higher, including this
period.
new text end

Sec. 9.

Minnesota Statutes 2004, section 353.29,
subdivision 3, is amended to read:

Subd. 3.

Retirement annuity formula.

(a) This paragraph,
in conjunction with section 353.30, subdivisions 1, 1a, 1b, and
1c, applies to any member who first became a public 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 353.30, subdivision 5, produces a higher annuity
amount, in which case paragraph (b) will apply. The average
salary as defined in new text begin section 353.01, new text end subdivision deleted text begin 2 deleted text end new text begin 17a new text end ,
multiplied by the percent specified in section 356.315,
subdivision 3, for each year of allowable service for the first
ten years and thereafter by the percent specified in section
356.315, subdivision 4, per year of allowable service and
completed months less than a full year for the "basic member,"
and the percent specified in section 356.315, subdivision 1, for
each year of allowable service for the first ten years and
thereafter by the percent specified in section 356.315,
subdivision 2, per year of allowable service and completed
months less than a full year for the "coordinated member," shall
determine the amount of the "normal" retirement annuity.

(b) This paragraph applies to a member who has become at
least 55 years old and first became a public employee after June
30, 1989, and to any other member whose annuity amount, when
calculated under this paragraph and in conjunction with section
353.30, subdivision 5, is higher than it is when calculated
under paragraph (a), in conjunction with section 353.30,
subdivisions 1, 1a, 1b, and 1c. The average salary, as defined
in new text begin section 353.01, new text end subdivision deleted text begin 2 deleted text end new text begin 17a new text end , multiplied by the percent
specified in section 356.315, subdivision 4, for each year of
allowable service and completed months less than a full year for
a basic member and the percent specified in section 356.315,
subdivision 2, per year of allowable service and completed
months less than a full year for a coordinated member, shall
determine the amount of the normal retirement annuity.

Sec. 10.

Minnesota Statutes 2004, section 353.33,
subdivision 3, is amended to read:

Subd. 3.

Computation of benefits.

This disability
benefit is an amount equal to the normal annuity payable to a
member who has reached normal retirement age with the same
number of years of allowable service and the same average
salary, as provided in new text begin section 353.01, subdivision 17a, and
new text end section 353.29, deleted text begin subdivisions 2 and deleted text end new text begin subdivision new text end 3.

A basic member shall receive a supplementary monthly
benefit of $25 to age 65 or the five-year anniversary of the
effective date of the disability benefit, whichever is later.

If the disability benefits under this subdivision exceed
the average salary as defined in section deleted text begin 353.29 deleted text end new text begin 353.01 new text end ,
subdivision deleted text begin 2 deleted text end new text begin 17a new text end , the disability benefits must be reduced to an
amount equal to deleted text begin said deleted text end new text begin the new text end average salary.

Sec. 11.

Minnesota Statutes 2004, section 353.651,
subdivision 3, is amended to read:

Subd. 3.

Retirement annuity formula.

The average salary
as defined in new text begin section 353.01, new text end subdivision deleted text begin 2 deleted text end new text begin 17a new text end , multiplied by
the percent specified in section 356.315, subdivision 6, per
year of allowable service determines the amount of the normal
retirement annuity. If the member has earned allowable service
for performing services other than those of a police officer or
firefighter, the annuity representing deleted text begin such deleted text end new text begin that new text end service deleted text begin is deleted text end new text begin must
be new text end computed under sections 353.29 and 353.30.

Sec. 12.

Minnesota Statutes 2004, section 353.656,
subdivision 1, is amended to read:

Subdivision 1.

In line of duty; computation of benefits.

A member of the police and fire plan who becomes disabled and
physically unfit to perform duties as a police officer,
firefighter, or paramedic as defined under section 353.64,
subdivision 10, as a direct result of an injury, sickness, or
other disability incurred in or arising out of any act of duty,
which has or is expected to render the member physically or
mentally unable to perform the duties as a police officer,
firefighter, or paramedic as defined under section 353.64,
subdivision 10, for a period of at least one year, shall receive
disability benefits during the period of such disability. The
benefits must be in an amount equal to 60 percent of the
"average salary" as defined in section deleted text begin 353.651 deleted text end new text begin 353.01 new text end ,
subdivision deleted text begin 2 deleted text end new text begin 17a new text end , plus an additional percent specified in
section 356.315, subdivision 6, of that average salary for each
year of service in excess of 20 years. If the disability under
this subdivision occurs before the member has at least five
years of allowable service credit in the police and fire plan,
the disability benefit must be computed on the "average salary"
from which deductions were made for contribution to the police
and fire fund.

Sec. 13.

Minnesota Statutes 2004, section 354.05, is
amended by adding a subdivision to read:

new text begin Subd. 13a. new text end

new text begin Average salary. new text end

new text begin (a) "Average salary," for the
purpose of determining the member's retirement annuity, means
the average salary upon which contributions were made for the
highest five successive years of formula service credit.
new text end

new text begin (b) "Average salary" may not include any more than the
equivalent of 60 monthly salary payments.
new text end

new text begin (c) "Average salary" must be based upon all years of
formula service credit if this service credit is less than five
years.
new text end

Sec. 14.

Minnesota Statutes 2004, section 354.44,
subdivision 6, is amended to read:

Subd. 6.

Computation of formula program retirement
annuity.

(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 new text begin under section 354.05, subdivision 13a, new text end for the period of
the member's formula service credit.

deleted text begin For all years of formula service credit, "average salary,"
for the purpose of determining the member's retirement annuity,
means the average salary upon which contributions were made and
upon which payments were made to increase the salary limitation
provided in Minnesota Statutes 1971, section 354.511, for the
highest five successive years of formula service credit
provided, however, that such "average salary" shall not include
any more than the equivalent of 60 monthly salary payments.
Average salary must be based upon all years of formula service
credit if this service credit is less than five years.
deleted text end

(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 deleted text begin paragraph (a) deleted text end new text begin section 354.05, subdivision 13a new text end ,
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:

Coordinated Member Basic Member

Each year of service the percent the percent

during first ten specified in specified in

section 356.315, section 356.315,

subdivision 1, subdivision 3,

per year per year

Each year of service the percent the percent

thereafter specified in specified in

section 356.315, section 356.315,

subdivision 2, subdivision 4,

per year per year

(c)(i) 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).

(ii) 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.

(iii) 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). The average salary, as defined
in deleted text begin paragraph (a) deleted text end new text begin section 354.05, subdivision 13a, new text end multiplied by
the percent specified by section 356.315, subdivision 4, for
each year of service for a basic member and by the percent
specified in section 356.315, subdivision 2, for each year of
service for a coordinated member shall determine the amount of
the retirement annuity to which the 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 shall be paid the normal annuity
provided in paragraph (d) reduced so that the reduced annuity is
the actuarial equivalent of the annuity that would be payable to
the employee if the employee deferred receipt of the annuity and
the annuity amount were augmented at an annual rate of three
percent compounded annually from the day the annuity begins to
accrue until the normal retirement age.

(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.

Sec. 15.

Minnesota Statutes 2004, section 354A.011, is
amended by adding a subdivision to read:

new text begin Subd. 7a. new text end

new text begin Average salary. new text end

new text begin "Average salary," for purposes
of computing a normal coordinated program retirement annuity
under section 354A.31, subdivision 4 or 4a, means an amount
equal to the average salary upon which contributions were made
for the highest five successive years of service credit but may
not, in any event, include any more than the equivalent of 60
monthly salary payments. Average salary must be based upon all
years of service credit if this service credit is less than five
years.
new text end

Sec. 16.

Minnesota Statutes 2004, section 354A.31,
subdivision 4, is amended to read:

Subd. 4.

Computation of the normal coordinated retirement
annuity; minneapolis and st. paul funds.

(a) This subdivision
applies to the coordinated programs of the Minneapolis Teachers
Retirement Fund Association and the St. Paul Teachers Retirement
Fund Association.

(b) The normal coordinated retirement annuity deleted text begin shall be deleted text end new text begin is
new text end an amount equal to a retiring coordinated member's average
salary new text begin under section 354A.011, subdivision 7a, new text end multiplied by the
retirement annuity formula percentage. deleted text begin Average salary for
purposes of this section shall mean an amount equal to the
average salary upon which contributions were made for the
highest five successive years of service credit, but which shall
not in any event include any more than the equivalent of 60
monthly salary payments. Average salary must be based upon all
years of service credit if this service credit is less than five
years.
deleted text end

(c) This paragraph, in conjunction with subdivision 6,
applies to a person who first became a member or a member in a
pension fund listed in section 356.30, subdivision 3, before
July 1, 1989, unless paragraph (d), in conjunction with
subdivision 7, produces a higher annuity amount, in which case
paragraph (d) will apply. The retirement annuity formula
percentage for purposes of this paragraph is the percent
specified in section 356.315, subdivision 1, per year for each
year of coordinated service for the first ten years and the
percent specified in section 356.315, subdivision 2, for each
year of coordinated service thereafter.

(d) This paragraph applies to a person who has become at
least 55 years old and who first becomes a member 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 subdivision 7 is higher than
it is when calculated under paragraph (c), in conjunction with
the provisions of subdivision 6. The retirement annuity formula
percentage for purposes of this paragraph is the percent
specified in section 356.315, subdivision 2, for each year of
coordinated service.

Sec. 17.

Minnesota Statutes 2004, section 354A.31,
subdivision 4a, is amended to read:

Subd. 4a.

Computation of the normal coordinated
retirement annuity; duluth fund.

(a) This subdivision applies
to the new law coordinated program of the Duluth Teachers
Retirement Fund Association.

(b) The normal coordinated retirement annuity is an amount
equal to a retiring coordinated member's average salary new text begin under
section 354A.011, subdivision 7a, new text end multiplied by the retirement
annuity formula percentage. deleted text begin Average salary for purposes of this
section means an amount equal to the average salary upon which
contributions were made for the highest five successive years of
service credit, but may not in any event include any more than
the equivalent of 60 monthly salary payments. Average salary
must be based upon all years of service credit if this service
credit is less than five years.
deleted text end

(c) This paragraph, in conjunction with subdivision 6,
applies to a person who first became a member or a member in a
pension fund listed in section 356.30, subdivision 3, before
July 1, 1989, unless paragraph (d), in conjunction with
subdivision 7, produces a higher annuity amount, in which case
paragraph (d) applies. The retirement annuity formula
percentage for purposes of this paragraph is the percent
specified in section 356.315, subdivision 1, per year for each
year of coordinated service for the first ten years and the
percent specified in section 356.315, subdivision 2, for each
subsequent year of coordinated service.

(d) This paragraph applies to a person who is at least 55
years old and who first becomes a member after June 30, 1989,
and to any other member who is at least 55 years old and whose
annuity amount, when calculated under this paragraph and in
conjunction with subdivision 7, is higher than it is when
calculated under paragraph (c) in conjunction with subdivision
6. The retirement annuity formula percentage for purposes of
this paragraph is the percent specified in section 356.315,
subdivision 2, for each year of coordinated service.

Sec. 18.

Minnesota Statutes 2004, section 422A.01, is
amended by adding a subdivision to read:

new text begin Subd. 4a. new text end

new text begin Average salary. new text end

new text begin (a) "Average salary" means the
arithmetic average annual salary, wages, or compensation of the
member from the city for any five calendar years out of the last
ten calendar years of service, except as provided for in section
422A.16, which may include the year in which the employee
retires, as selected by the employee.
new text end

new text begin (b) A member with more than five calendar years of service,
but less than ten calendar years, may select any five calendar
years of service to determine the average salary. A member with
less than five years of service with the city shall use all
earnings to determine the average salary.
new text end

Sec. 19.

Minnesota Statutes 2004, section 422A.15,
subdivision 1, is amended to read:

Subdivision 1.

Formula pension and annuity.

Except as
otherwise provided in subdivision 3, each contributing member
who, at the time of retirement, fulfills the conditions
necessary to enable the member to retire deleted text begin , shall deleted text end new text begin is entitled to
new text end receive deleted text begin what shall be known as deleted text end a "formula pension and annuity"
equal to two percent for each year of allowable service for the
first ten years and thereafter 2.5 percent per year of allowable
service of the deleted text begin arithmetic deleted text end average deleted text begin annual deleted text end salary deleted text begin , wages or
compensation of the member from the city for any five calendar
years out of the last ten calendar years of service except as
provided for in section 422A.16, which may include the year in
which the employee retires, as selected by the employee deleted text end ,
multiplied by the years of service credited by the retirement
fund. The formula pension and annuity deleted text begin shall deleted text end new text begin must new text end be computed on
the single life plan but subject to the option selections
provided for in section 422A.17.

In order to be entitled to the formula pension and annuity
herein provided for, the retiring employee at the time of
cessation of employment and of actual retirement deleted text begin shall deleted text end new text begin must new text end have
attained the age of 60 years or have been employed by the city
not less than 30 years, or meet the qualifications provided for
in section 422A.16, and in addition thereto have contributed to
the retirement fund at the percentage rate prescribed by the
retirement law applicable when the salary, wages or compensation
was paid on all salaries, wages, or compensation received from
the city or from an applicable employing unit. The years of
service to be applied in the formula pension and annuity deleted text begin shall
deleted text end new text begin must new text end be found and determined by the retirement board, except
that no credit deleted text begin shall deleted text end new text begin may new text end be allowed for any year in which a back
charge is owing at time of retirement and the earnings from any
year in which a back charge is owing deleted text begin shall deleted text end new text begin may new text end not be used in
determining the average deleted text begin annual deleted text end salary.

Sec. 20.

Minnesota Statutes 2004, section 422A.16,
subdivision 9, is amended to read:

Subd. 9.

Incompetency or death of member.

Any member of
the contributing class who becomes permanently separated from
the service of the city under subdivision 8, may, by an
instrument in writing, filed with the municipal employees
retirement board within 30 days after deleted text begin such deleted text end new text begin the new text end separation
becomes permanent, elect to allow the member contributions
to deleted text begin such deleted text end new text begin the new text end fund to the date of separation to remain on deposit
in deleted text begin such deleted text end new text begin the new text end fund, and in deleted text begin such deleted text end new text begin the new text end event the member deleted text begin shall be
deleted text end new text begin is new text end entitled to receive a retirement allowance at age 65,
provided the member, or someone acting in the member's behalf if
the member be incompetent, deleted text begin shall deleted text end new text begin must new text end make new text begin a new text end written application
for deleted text begin such deleted text end new text begin the new text end retirement allowance in the same manner provided
for in section 422A.17 and in accordance with the provisions of
section 422A.15, subdivision 1 new text begin , new text end except for determining
average deleted text begin annual deleted text end salary. deleted text begin A member with more than five calendar
years of service but less than ten calendar years may select any
five calendar years of service to determine the average annual
salary. A member with less than five years of service with the
city shall use all earnings to determine the average annual
salary.
deleted text end

If the contributing member dies before reaching the age of
65 years, or having attained the age of 65 years without having
made the election provided for herein, the net accumulated
amount of deductions from the member's salary, pay or
compensation, plus interest, to the member's credit on date of
death deleted text begin shall be paid deleted text end new text begin is payable new text end to deleted text begin such deleted text end new text begin the new text end person or persons as
have been nominated by written designation filed with the
retirement board, in deleted text begin such deleted text end new text begin the new text end form deleted text begin as deleted text end new text begin that new text end the retirement board
deleted text begin shall require deleted text end new text begin requires new text end .

If the employee fails to make a designation, or if the
person or persons designated by deleted text begin such deleted text end new text begin the new text end employee predeceases
deleted text begin such deleted text end new text begin the new text end employee, the net accumulated credit to deleted text begin such deleted text end new text begin the
new text end employee's account on date of death deleted text begin shall be paid deleted text end new text begin is payable new text end to
deleted text begin such deleted text end new text begin the new text end employee's estate.

The provisions of subdivisions 4, 5 new text begin , new text end and 6 deleted text begin shall deleted text end also apply
to any member qualifying for benefits under this subdivision,
except for purposes of this subdivision the age referred to in
subdivision 4 deleted text begin shall be deleted text end new text begin is new text end 65 years.

Sec. 21.

Minnesota Statutes 2004, section 490.121,
subdivision 21, is amended to read:

Subd. 21.

Final average compensation.

"Final average
compensation" means the total amount of salary deleted text begin payable deleted text end new text begin paid new text end to a
judge in the highest five years new text begin out new text end of the last ten years deleted text begin prior
to deleted text end new text begin before new text end the deleted text begin event of maturity of benefits deleted text end new text begin termination of
judicial service new text end , divided by five deleted text begin ; provided, however, that deleted text end if
the number of years of service new text begin by the judge equals or exceeds
ten. If the number of years of service by the judge new text end is less
than ten, new text begin but more than five, new text end the highest five deleted text begin shall deleted text end new text begin years of
salary must new text end be counted deleted text begin , and deleted text end new text begin . new text end If the number of years new text begin of service
by the judge new text end is less than five, the aggregate salary deleted text begin in such deleted text end new text begin for
the new text end period deleted text begin shall deleted text end new text begin of service must new text end be divided by the number of
months in deleted text begin such deleted text end new text begin the new text end period and multiplied by 12.

Sec. 22. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 352C.031, subdivision 3;
353.29, subdivision 2; and 353.651, subdivision 2, are repealed.
new text end

Sec. 23. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective July 1, 2005.
new text end

ARTICLE 3

ALLOWABLE SERVICE CREDIT

Section 1.

new text begin [356.195] SERVICE CREDIT PURCHASE PROCEDURES
FOR STRIKE PERIODS.
new text end

new text begin Subdivision 1. new text end

new text begin Covered plans. new text end

new text begin This section applies to
all defined benefit plans specified in section 356.30,
subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Purchase procedure for strike periods. new text end

new text begin (a) An
employee covered by a plan specified in subdivision 1 may
purchase allowable service credit in the applicable plan for any
period of time during which the employee was on a public
employee strike without pay, not to exceed a period of one year,
if the employee makes a payment in lieu of salary deductions as
specified in paragraphs (b) and (c), whichever is applicable.
The employing unit, at its option, may pay the employer portion
of the amount specified in paragraph (b) on behalf of its
employees.
new text end

new text begin (b) If payment is received by the applicable pension plan
executive director within one year from the end of the strike,
the payment amount is equal to the applicable employee and
employer contribution rates specified in law for the applicable
plan during the strike period, applied to the employee's rate of
salary in effect at the conclusion of the strike for the period
of the strike without pay, plus compound interest at a monthly
rate of 0.71 percent from the last day of the strike period
until the date payment is received.
new text end

new text begin (c) If payment is received by the applicable pension fund
director after one year and before five years from the end of
the strike, the payment amount is the amount determined under
section 356.551.
new text end

new text begin (d) Payments may not be made more than five years after the
end of the strike.
new text end

Sec. 2.

Minnesota Statutes 2004, section 490.121,
subdivision 4, is amended to read:

Subd. 4.

Allowable service.

new text begin (a) new text end "Allowable service"
means any calendar month, subject to the service credit limit in
subdivision 22, served as a judge at any time, or served as a
referee in probate for all referees in probate who were in
office prior to January 1, 1974.

new text begin (b) "Allowable service" also means a period of authorized
leave of absence for which the judge has made a payment in lieu
of contributions, not in an amount in excess of the service
credit limit under subdivision 22. To obtain the service
credit, the judge shall pay an amount equal to the member and
employer contribution rates under section 490.123, subdivisions
1a and 1b, applied to the judge's average monthly salary rate
during the authorized leave of absence and multiplied by the
number of months of the authorized leave of absence, plus annual
compound interest at the rate of 8.5 percent from the date of
the termination of the leave to the date on which payment is
made. The payment must be made within one year of the date on
which the authorized leave of absence terminated. Service
credit for an authorized leave of absence is in addition to a
uniformed service leave under section 490.1211.
new text end

Sec. 3.

Laws 1999, chapter 222, article 16, section 16, as
amended by Laws 2002, chapter 392, article 7, section 1, and
Laws 2003, First Special Session chapter 12, article 6, section
2, and Laws 2004, chapter 267, article 17, section 6, is amended
to read:

Sec. 16 new text begin REPEALER.
new text end

(a) Sections 2 to 6 and 8 to 13 are repealed on May 16,
2004.

(b) Sections 1 and 7 are repealed on May 16, deleted text begin 2006 deleted text end new text begin 2007 new text end .

Sec. 4.

Laws 2000, chapter 461, article 4, section 4, as
amended by Laws 2003, First Special Session chapter 12, article
6, section 3, and Laws 2004, chapter 267, article 17, section 7,
is amended to read:

Sec. 4 new text begin EFFECTIVE DATE; SUNSET REPEALER.
new text end

(a) Sections 1, 2, and 3 are effective deleted text begin on deleted text end the day following
final enactment.

(b) Sections 1, 2, and 3, are repealed on May 16, deleted text begin 2006 deleted text end new text begin 2007 new text end .

Sec. 5. new text begin METRO TRANSIT STRIKE PROVISION.
new text end

new text begin Notwithstanding the payment deadline specified in Minnesota
Statutes, section 356.195, subdivision 2, paragraph (b), a Metro
Transit employee covered by the general state employees
retirement plan of the Minnesota State Retirement System who was
on strike on or after January 1, 2004, and before the effective
date of this section, is authorized to make a payment under that
paragraph on or before one year after the effective date of this
section.
new text end

Sec. 6. new text begin CROSBY-IRONTON PUBLIC SCHOOL STRIKE PROVISION.
new text end

new text begin Notwithstanding the payment deadline specified in Minnesota
Statutes, section 356.195, subdivision 2, paragraph (b), a
Crosby-Ironton public school teacher covered by the Teachers
Retirement Association who was on strike during a period that
included April 1, 2005, and before the effective date of this
section, is authorized to make a payment under that paragraph on
or before one year after the effective date of this section.
new text end

Sec. 7. new text begin EFFECTIVE DATE.
new text end

new text begin (a) Sections 1 and 3 to 6 are effective the day following
final enactment.
new text end

new text begin (b) Section 2 is effective retroactively from January 1,
2005, and applies to any person who was in active service as a
judge on or after that date and applies to an authorized leave
of absence that occurred before or after that date. For a
person for whom section 2 is retroactive, the equivalent
contribution payment must be made on or before July 1, 2006.
new text end

ARTICLE 4

ACTUARIAL AND FINANCIAL
REPORTING CHANGES

Section 1.

Minnesota Statutes 2004, section 352.01,
subdivision 12, is amended to read:

Subd. 12.

Actuarial equivalent.

"Actuarial equivalent"
means the condition of one annuity or benefit having an equal
actuarial present value as another annuity or benefit,
determined as of a given date at a specified age with each
actuarial present value based on the appropriate mortality table
adopted by the board of directors based on the experience of the
fund as recommended by the actuary retained deleted text begin by the Legislative
Commission on Pensions and Retirement deleted text end new text begin under section 356.214, and
approved under section 356.215, subdivision 18, new text end and using the
applicable preretirement or postretirement interest rate
assumption specified in section 356.215, subdivision 8.

Sec. 2.

Minnesota Statutes 2004, section 353.01,
subdivision 14, is amended to read:

Subd. 14.

Actuarial equivalent.

"Actuarial equivalent"
means the condition of one annuity or benefit having an equal
actuarial present value as another annuity or benefit,
determined as of a given date with each actuarial present value
based on the appropriate mortality table adopted by the board of
trustees based on the experience of the fund as recommended by
the actuary retained deleted text begin by the Legislative Commission on Pensions
and Retirement deleted text end new text begin under section 356.214, and approved under section
356.215, subdivision 18, new text end and using the applicable preretirement
or postretirement interest rate assumption specified in section
356.215, subdivision 8.

Sec. 3.

Minnesota Statutes 2004, section 354.05,
subdivision 7, is amended to read:

Subd. 7.

Actuarial equivalent.

"Actuarial equivalent"
means the condition of one annuity or benefit having an equal
actuarial present value as another annuity or benefit,
determined as of a given date with each actuarial present value
based on the appropriate mortality table adopted by the board of
trustees based on the experience of the association as
recommended by the actuary retained deleted text begin by the Legislative
Commission on Pensions and Retirement deleted text end new text begin under section 356.214, and
approved under section 356.215, subdivision 18, new text end and using the
applicable preretirement or postretirement interest rate
assumption specified in section 356.215, subdivision 8.

Sec. 4.

Minnesota Statutes 2004, section 354A.011,
subdivision 3a, is amended to read:

Subd. 3a.

Actuarial equivalent.

"Actuarial equivalent"
means the condition of one annuity or benefit having an equal
actuarial present value as another annuity or benefit,
determined as of a given date with each actuarial present value
based on the appropriate mortality table adopted by the
appropriate board of trustees based on the experience of that
retirement fund association as recommended by the actuary
retained deleted text begin by the Legislative Commission on Pensions and
Retirement deleted text end new text begin under section 356.214, and approved under section
356.215, subdivision 18, new text end and using the applicable preretirement
or postretirement interest rate assumption specified in section
356.215, subdivision 8.

Sec. 5.

Minnesota Statutes 2004, section 356.20,
subdivision 4, is amended to read:

Subd. 4.

Contents of financial report.

(a) The financial
report required by this section must contain financial
statements and disclosures that indicate the financial
operations and position of the retirement plan and fund. The
report must conform with generally accepted governmental
accounting principles, applied on a consistent basis. The
report must be audited. The report must include, as part of its
exhibits or new text begin its new text end footnotes, an actuarial disclosure item based on
the actuarial valuation calculations prepared by the
deleted text begin commission-retained deleted text end actuary new text begin retained under section 356.214 new text end or by
the actuary retained by the retirement fund or plan, deleted text begin if
applicable deleted text end new text begin whichever applies new text end , according to applicable actuarial
requirements enumerated in section 356.215, and specified in the
most recent standards for actuarial work adopted by the
Legislative Commission on Pensions and Retirement. The accrued
assets, the accrued liabilities, including accrued reserves, and
the unfunded actuarial accrued liability of the fund or plan
must be disclosed. The disclosure item must contain a
declaration by the actuary retained deleted text begin by the Legislative
Commission on Pensions and Retirement deleted text end new text begin under section 356.214 new text end or
the actuary retained by the fund or plan, whichever applies,
specifying that the required reserves for any retirement,
disability, or survivor benefits provided under a benefit
formula are computed in accordance with the entry age actuarial
cost method and new text begin in accordance new text end with the most recent applicable
standards for actuarial work adopted by the Legislative
Commission on Pensions and Retirement.

(b) Assets of the fund or plan contained in the disclosure
item must include the following statement of the actuarial value
of current assets as defined in section 356.215, subdivision 1:

Value Value

at cost at market

Cash, cash equivalents, and

short-term securities ......... .........

Accounts receivable ......... .........

Accrued investment income ......... .........

Fixed income investments ......... .........

Equity investments other

than real estate ......... .........

Real estate investments ......... .........

Equipment ......... .........

deleted text begin Equity deleted text end new text begin Participation new text end in the Minnesota

postretirement investment

fund new text begin or the retirement
new text end

new text begin benefit fund new text end ......... .........

Other ......... .........

Total assets

Value at cost .........

Value at market .........

new text begin Actuarial new text end value of current assets .........

(c) The unfunded actuarial accrued liability of the fund or
plan contained in the disclosure item must include the following
measures of unfunded actuarial accrued liability, using
the new text begin actuarial new text end value of current assets:

(1) new text begin the new text end unfunded actuarial accrued liability, determined by
subtracting the current assets and the present value of future
normal costs from the total current and expected future benefit
obligations; and

(2) new text begin the new text end unfunded pension benefit obligation, determined by
subtracting the current assets from the actuarial present value
of credited projected benefits.

If the current assets of the fund or plan exceed the
actuarial accrued liabilities, the excess must be disclosed and
indicated as a surplus.

(d) The pension benefit obligations schedule included in
the disclosure must contain the following information on the
benefit obligations:

(1) the pension benefit obligation, determined as the
actuarial present value of credited projected benefits on
account of service rendered to date, separately identified as
follows:

(i) for annuitants;
retirement annuities;
disability benefits;
surviving spouse and child benefits;
(ii) for former members without vested rights;
(iii) for deferred annuitants' benefits, including
any augmentation;
(iv) for active employees;
accumulated employee contributions,
including allocated investment income;
employer-financed benefits vested;
employer-financed benefits nonvested;
total pension benefit obligation; and

(2) if there are additional benefits not appropriately
covered by the foregoing items of benefit obligations, a
separate identification of the obligation.

(e) new text begin The report must contain an itemized exhibit describing
the administrative expenses of the plan, including, but not
limited to, the following items, classified on a consistent
basis from year to year, and with any further meaningful detail:
new text end

new text begin (1) personnel expenses;
new text end

new text begin (2) communication-related expenses;
new text end

new text begin (3) office building and maintenance expenses;
new text end

new text begin (4) professional services fees; and
new text end

new text begin (5) other expenses.
new text end

new text begin (f) The report must contain an itemized exhibit describing
the investment expenses of the plan, including, but not limited
to, the following items, classified on a consistent basis from
year to year, and with any further meaningful detail:
new text end

new text begin (1) internal investment-related expenses; and
new text end

new text begin (2) external investment-related expenses.
new text end

new text begin (g) new text end Any additional statements or exhibits or more detailed
or subdivided itemization of a disclosure item that will enable
the management of the fund to portray a true interpretation of
the fund's financial condition must be included in the
additional statements or exhibits.

Sec. 6.

Minnesota Statutes 2004, section 422A.01,
subdivision 6, is amended to read:

Subd. 6.

Present worth or present value.

"Present worth"
or "present value" means that the present amount of money if
increased at the applicable postretirement or preretirement
interest rate assumption specified in section 356.215,
subdivision 8, and based on the mortality table adopted by the
board of trustees based on the experience of the fund as
recommended by the actuary retained deleted text begin by the Legislative
Commission on Pensions and Retirement deleted text end new text begin under section 356.214, and
approved under section 356.215, subdivision 18, new text end will at
retirement equal the actuarial accrued liability of the annuity
already earned.

Sec. 7.

Minnesota Statutes 2004, section 490.121,
subdivision 20, is amended to read:

Subd. 20.

Actuarial equivalent.

"Actuarial equivalent"
means the condition of one annuity or benefit having an equal
actuarial present value as another annuity or benefit,
determined as of a given date with each actuarial present value
based on the appropriate mortality table adopted by the board of
deleted text begin trustees deleted text end new text begin directors of the Minnesota State Retirement System
new text end based on the experience of the fund as recommended by
the deleted text begin commission-retained deleted text end actuary new text begin retained under section 356.214,
and approved under section 356.215, subdivision 18, new text end and using
the applicable preretirement or postretirement interest rate
assumption specified in section 356.215, subdivision 8.

Sec. 8. new text begin EFFECTIVE DATE.
new text end

new text begin (a) Sections 1 to 4, 6, and 7 are effective on July 1, 2005.
new text end

new text begin (b) Section 5 is effective the day following final
enactment and applies to annual financial reporting occurring on
or after June 30, 2005.
new text end

ARTICLE 5

MEMBERSHIP INCLUSIONS
AND EXCLUSIONS

Section 1.

Minnesota Statutes 2004, section 69.011, is
amended by adding a subdivision to read:

new text begin Subd. 2c. new text end

new text begin Ineligibility of certain police officers. new text end

new text begin A
police officer employed by the University of Minnesota who is
required by the Board of Regents to be a member of the
University of Minnesota faculty retirement plan is not eligible
to be included in any police state-aid certification under this
section.
new text end

Sec. 2.

Minnesota Statutes 2004, section 352.01,
subdivision 2a, is amended to read:

Subd. 2a.

Included employees.

(a) "State employee"
includes:

(1) employees of the Minnesota Historical Society;

(2) employees of the State Horticultural Society;

(3) employees of the Disabled American Veterans, Department
of Minnesota, Veterans of Foreign Wars, Department of Minnesota,
if employed before July 1, 1963;

(4) employees of the Minnesota Crop Improvement
Association;

(5) employees of the adjutant general who are paid from
federal funds and who are not covered by any federal civilian
employees retirement system;

(6) employees of the Minnesota State Colleges and
Universities employed under the university or college activities
program;

(7) currently contributing employees covered by the system
who are temporarily employed by the legislature during a
legislative session or any currently contributing employee
employed for any special service as defined in subdivision 2b,
clause (8);

(8) employees of the Armory Building Commission;

(9) employees of the legislature appointed without a limit
on the duration of their employment and persons employed or
designated by the legislature or by a legislative committee or
commission or other competent authority to conduct a special
inquiry, investigation, examination, or installation;

(10) trainees who are employed on a full-time established
training program performing the duties of the classified
position for which they will be eligible to receive immediate
appointment at the completion of the training period;

(11) employees of the Minnesota Safety Council;

(12) any employees on authorized leave of absence from the
Transit Operating Division of the former Metropolitan Transit
Commission who are employed by the labor organization which is
the exclusive bargaining agent representing employees of the
Transit Operating Division;

(13) employees of the Metropolitan Council, Metropolitan
Parks and Open Space Commission, Metropolitan Sports Facilities
Commission, Metropolitan Mosquito Control Commission, or
Metropolitan Radio Board unless excluded or covered by another
public pension fund or plan under section 473.415, subdivision
3;

(14) judges of the Tax Court;

(15) personnel employed on June 30, 1992, by the University
of Minnesota in the management, operation, or maintenance of its
heating plant facilities, whose employment transfers to an
employer assuming operation of the heating plant facilities, so
long as the person is employed at the University of Minnesota
heating plant by that employer or by its successor organization;
deleted text begin and
deleted text end

(16) seasonal help in the classified service employed by
the Department of Revenue new text begin ; and
new text end

new text begin (17) persons employed by the Department of Commerce as a
peace officer in the Insurance Fraud Prevention Division under
section 45.0135 who have attained the mandatory retirement age
specified in section 43A.34, subdivision 4 new text end .

(b) Employees specified in paragraph (a), clause (15), are
included employees under paragraph (a) if employer and employee
contributions are made in a timely manner in the amounts
required by section 352.04. Employee contributions must be
deducted from salary. Employer contributions are the sole
obligation of the employer assuming operation of the University
of Minnesota heating plant facilities or any successor
organizations to that employer.

Sec. 3.

Minnesota Statutes 2004, section 352.91, is
amended by adding a subdivision to read:

new text begin Subd. 4a. new text end

new text begin Process for evaluating and recommending
potential employment positions for membership inclusion. new text end

new text begin (a)
The Department of Corrections and the Department of Human
Services must establish a procedure for evaluating periodic
requests by department employees for qualification for
recommendation by the commissioner for inclusion of the
employment position in the correctional facility or human
services facility in the correctional retirement plan and for
periodically determining employment positions that no longer
qualify for continued correctional retirement plan coverage.
new text end

new text begin (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.
new text end

new text begin (c) The applicable commissioner 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:
new text end

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

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

new text begin (d) After providing the affected employee an opportunity to
dispute or clarify any evaluation determinations, if the
commissioner determines that the employment position is
appropriate for inclusion in the correctional retirement plan,
the commissioner 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.
new text end

Sec. 4.

Minnesota Statutes 2004, section 352B.01,
subdivision 2, is amended to read:

Subd. 2.

Member.

"Member" means:

(1) a State Patrol member currently employed after June 30,
1943, under section 299D.03 by the state, who is a peace officer
under section 626.84, and whose salary or compensation is paid
out of state funds;

(2) a conservation officer employed under section 97A.201,
currently employed by the state, whose salary or compensation is
paid out of state funds;

(3) a crime bureau officer who was employed by the crime
bureau and was a member of the Highway Patrolmen's retirement
fund on July 1, 1978, whether or not that person has the power
of arrest by warrant after that date, or who is employed as
police personnel, with powers of arrest by warrant under section
299C.04, and who is currently employed by the state, and whose
salary or compensation is paid out of state funds;

(4) a person who is employed by the state in the Department
of Public Safety in a data processing management position with
salary or compensation paid from state funds, who was a crime
bureau officer covered by the State Patrol retirement plan on
August 15, 1987, and who was initially hired in the data
processing management position within the department during
September 1987, or January 1988, with membership continuing for
the duration of the person's employment in that position,
whether or not the person has the power of arrest by warrant
after August 15, 1987;

(5) a public safety employee defined as a peace officer in
section 626.84, subdivision 1, paragraph (c), and employed with
the Division of Alcohol and Gambling Enforcement under section
299L.01; deleted text begin and
deleted text end

(6) a Fugitive Apprehension Unit officer after October 31,
2000, employed by the Office of Special Investigations of the
Department of Corrections who is a peace officer under section
626.84 new text begin ; and
new text end

new text begin (7) an employee of the Department of Commerce defined as a
peace officer in section 626.84, subdivision 1, paragraph (c),
who is employed by the Division of Insurance Fraud Prevention
under section 45.0135 after January 1, 2005, and who has not
attained the mandatory retirement age specified in section
43A.34, subdivision 4 new text end .

Sec. 5.

Minnesota Statutes 2004, 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 or unit of state government, or any
public body whose revenues are derived from taxation, fees,
assessments or from other sources.

(b) Governmental subdivision also means the Public
Employees Retirement Association, the League of Minnesota
Cities, the Association of Metropolitan Municipalities, public
hospitals owned or operated by, or an integral part of, a
governmental subdivision or governmental subdivisions, the
Association of Minnesota Counties, the Metropolitan Intercounty
Association, the Minnesota Municipal Utilities Association, the
Metropolitan Airports Commission, new text begin the University of Minnesota
with respect to police officers covered by the public employees
police and fire retirement plan, new text end 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, and the Dakota County
Agricultural Society.

(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, nor the
Minneapolis Community Development Agency.

Sec. 6.

Minnesota Statutes 2004, section 353.64, is
amended by adding a subdivision to read:

new text begin Subd. 6a. new text end

new text begin University of minnesota police officers;
exclusion. new text end

new text begin (a) Unless paragraph (b) applies, a person who is
employed as a peace officer by the University of Minnesota at
any campus or facility of the university, who is required by the
university to be and is licensed as a peace officer by the
Minnesota Peace Officer Standards and Training Board under
sections 626.84 to 626.863, and who has the full power of arrest
is a member of the public employees police and fire retirement
plan.
new text end

new text begin (b) A police officer employed by the University of
Minnesota who is required by the Board of Regents to contribute
to the University of Minnesota faculty retirement plan is not
eligible to be a member of the public employees police and fire
retirement plan.
new text end

Sec. 7. new text begin EFFECTIVE DATE.
new text end

new text begin (a) Sections 1, 3, 5, and 6 are effective July 1, 2005.
new text end

new text begin (b) Sections 2 and 4 are effective retroactively from
January 1, 2005.
new text end

ARTICLE 6

RETIREMENT CONTRIBUTIONS

Section 1.

Minnesota Statutes 2004, section 353.28,
subdivision 5, is amended to read:

Subd. 5.

Interest deleted text begin charges deleted text end new text begin chargeable on amounts due new text end .

Any
amount due under this section or section 353.27, subdivision 4,
is payable with interest at an annual new text begin compound new text end rate of 8.5
percent deleted text begin compounded annually deleted text end from the date due until the date
payment is received by the association, with a minimum interest
charge of $10. deleted text begin Interest for past due payments of excess police
state aid under section 69.031, subdivision 5, must be charged
at an annual rate of 8.5 percent compounded annually.
deleted text end

Sec. 2.

Minnesota Statutes 2004, section 353.28,
subdivision 6, is amended to read:

Subd. 6.

deleted text begin failure to pay deleted text end new text begin collection of unpaid amounts new text end .

new text begin (a)
new text end If deleted text begin the deleted text end new text begin a new text end governmental subdivision new text begin which receives the direct
proceeds of property taxation new text end fails to pay deleted text begin amounts deleted text end new text begin an amount new text end due
under deleted text begin chapters deleted text end new text begin chapter new text end 353, 353A, 353B, 353C, deleted text begin and deleted text end new text begin or new text end 353D deleted text begin or
fails to make payments of excess police state aid to the public
employees police and fire fund under section 69.031, subdivision
5 deleted text end , the executive director shall certify deleted text begin those amounts deleted text end new text begin the amount
new text end to the governmental subdivision for payment. If the
governmental subdivision fails to remit the sum so due in a
timely fashion, the executive director shall certify deleted text begin amounts deleted text end new text begin the
amount new text end to the new text begin applicable new text end county auditor for collection. The
county auditor shall collect deleted text begin such amounts deleted text end new text begin the amount new text end out of the
revenue of the governmental subdivision, or shall add deleted text begin them deleted text end new text begin the
amount new text end to the levy of the governmental subdivision and make
payment directly to the association. This tax deleted text begin shall deleted text end new text begin must new text end be
levied, collected, and apportioned in the manner new text begin that new text end other
taxes are levied, collected, and apportioned.

new text begin (b) If a governmental subdivision which is not funded
directly from the proceeds of property taxation fails to pay an
amount due under this chapter, the executive director shall
certify the amount to the governmental subdivision for payment.
If the governmental subdivision fails to pay the amount for a
period of 60 days after certification, the executive director
shall certify the amount to the commissioner of finance, who
shall deduct the amount from any subsequent state-aid payment or
state appropriation amount applicable to the governmental
subdivision.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective July 1, 2005.
new text end

ARTICLE 7

PENSION BENEFITS UPON PRIVATIZATION

Section 1.

Minnesota Statutes 2004, section 353F.02,
subdivision 4, is amended to read:

Subd. 4.

Medical facility.

"Medical facility" means:

(1) new text begin Bridges Medical Services;
new text end

new text begin (2) new text end the Fair Oaks Lodge, Wadena;

deleted text begin (2) deleted text end new text begin (3) new text end the Glencoe Area Health Center;

deleted text begin (3) deleted text end new text begin (4) the Hutchinson Area Health Care;
new text end

new text begin (5) new text end the Kanabec Hospital;

deleted text begin (4) deleted text end new text begin (6) new text end the Luverne Public Hospital;

new text begin (7) the Northfield Hospital;
new text end

deleted text begin (5) deleted text end new text begin (8) new text end the RenVilla Nursing Home;

deleted text begin (6) deleted text end new text begin (9) new text end the Renville County Hospital in Olivia;

deleted text begin (7) deleted text end new text begin (10) new text end the St. Peter Community Healthcare Center; and

deleted text begin (8) deleted text end new text begin (11) new text end the Waconia-Ridgeview Medical Center.

Sec. 2.

Laws 2004, chapter 267, article 12, section 4, is
amended to read:

Sec. 4 new text begin EFFECTIVE DATE.
new text end

(a) Section 1, relating to the Fair Oaks Lodge, Wadena, is
effective upon the latter of:

(1) the day after the governing body of Todd County and its
chief clerical officer timely complete their compliance with
Minnesota Statutes, section 645.021, subdivisions 2 and 3; and

(2) the day after the governing body of Wadena County and
its chief clerical officer timely complete their compliance with
Minnesota Statutes, section 645.021, subdivisions 2 and 3.

(b) Section 1, relating to the RenVilla Nursing Home, is
effective upon the latter of:

(1) the day after the governing body of the city of
Renville and its chief clerical officer timely complete their
compliance with Minnesota Statutes, section 645.021,
subdivisions 2 and 3 new text begin , except that the certificate of approval
must be filed before January 1, 2006 new text end ; and

(2) the first day of the month next following certification
to the governing body of the city of Renville by the executive
director of the Public Employees Retirement Association that the
actuarial accrued liability of the special benefit coverage
proposed for extension to the privatized RenVilla Nursing Home
employees under section 1 does not exceed the actuarial gain
otherwise to be accrued by the Public Employees Retirement
Association, as calculated by the consulting actuary retained by
the Legislative Commission on Pensions and Retirement new text begin , or the
actuary retained under Minnesota Statutes, section 356.214,
whichever is applicable new text end .

(c) The cost of the actuarial calculations must be borne by
the city of Renville or the purchaser of the RenVilla Nursing
Home.

(d) Section 1, relating to the St. Peter Community
Healthcare Center, is effective upon the latter of:

(1) the day after the governing body of the city of St.
Peter and its chief clerical officer timely complete their
compliance with Minnesota Statutes, section 645.021,
subdivisions 2 and 3; and

(2) the first day of the month next following certification
to the governing body of the city of St. Peter by the executive
director of the Public Employees Retirement Association that the
actuarial accrued liability of the special benefit coverage
proposed for extension to the privatized St. Peter Community
Healthcare Center employees under section 1 does not exceed the
actuarial gain otherwise to be accrued by the Public Employees
Retirement Association, as calculated by the consulting actuary
retained by the Legislative Commission on Pensions and
Retirement new text begin , or the actuary retained under Minnesota Statutes,
section 356.214, whichever is applicable new text end .

(e) The cost of the actuarial calculations must be borne by
the city of St. Peter or the purchaser of the St. Peter
Community Healthcare Center.

(f) If the required actions under paragraphs (b) and (c)
occur, section 1 applies retroactively to the RenVilla Nursing
Home as of the date of privatization.

(g) If the required actions under paragraph (a) occur,
section 1 applies retroactively to Fair Oaks Lodge, Wadena, as
of January 1, 2004.

(h) Sections 2 and 3 are effective on the day following
final enactment.

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin (a) Section 1, relating to Bridges Medical Services, is
effective upon the later of:
new text end

new text begin (1) the day after the governing body of the city of Ada and
its chief clerical officer timely complete their compliance with
Minnesota Statutes, section 645.021, subdivisions 2 and 3; and
new text end

new text begin (2) the first day of the month next following certification
to the governing body of the city of Ada by the executive
director of the Public Employees Retirement Association that the
actuarial accrued liability of the special benefit coverage
proposed for extension to the privatized Bridges Medical
Services employees under section 1 does not exceed the actuarial
gain otherwise to be accrued by the Public Employees Retirement
Association, as calculated by the consulting actuary retained
under Minnesota Statutes, section 356.214.
new text end

new text begin (b) Section 1, relating to the Hutchinson Area Health Care,
is effective upon the later of:
new text end

new text begin (1) the day after the governing body of the city of
Hutchinson and its chief clerical officer timely complete their
compliance with Minnesota Statutes, section 645.021,
subdivisions 2 and 3; and
new text end

new text begin (2) the first day of the month next following certification
to the governing body of the city of Hutchinson by the executive
director of the Public Employees Retirement Association that the
actuarial accrued liability of the special benefit coverage
proposed for extension to the privatized Hutchinson Area Health
Care employees under section 1 does not exceed the actuarial
gain otherwise to be accrued by the Public Employees Retirement
Association, as calculated by the consulting actuary retained by
the Legislative Commission on Pensions and Retirement.
new text end

new text begin (c) Section 1, relating to the Northfield Hospital, is
effective upon the later of:
new text end

new text begin (1) the day after the governing body of the city of
Northfield and its chief clerical officer timely complete their
compliance with Minnesota Statutes, section 645.021,
subdivisions 2 and 3; and
new text end

new text begin (2) the first day of the month next following certification
to the governing body of the city of Northfield by the executive
director of the Public Employees Retirement Association that the
actuarial accrued liability of the special benefit coverage
proposed for extension to the privatized Northfield Hospital
employees under section 1 does not exceed the actuarial gain
otherwise to be accrued by the Public Employees Retirement
Association, as calculated by the consulting actuary retained by
the Legislative Commission on Pensions and Retirement.
new text end

new text begin (d) The cost of the actuarial calculations must be borne by
the facility, the city in which the facility is located, or the
purchaser of the facility.
new text end

new text begin (e) If the required actions in paragraphs (a), (b), or (c)
and (d) occur, section 1 applies retroactively to the date of
privatization.
new text end

new text begin (f) Section 2 is effective the day following final
enactment.
new text end

ARTICLE 8

FIRST CLASS CITY TEACHER
RETIREMENT FUND ASSOCIATIONS

Section 1.

Minnesota Statutes 2004, section 354A.021, is
amended by adding a subdivision to read:

new text begin Subd. 9. new text end

new text begin Updated articles of incorporation and bylaws;
filing. new text end

new text begin (a) On or before July 1, 2006, and within six months of
the date of the approval of any amendment to the articles of
incorporation or bylaws, the chief administrative officer of
each first class city teacher retirement fund association shall
prepare and publish an updated compilation of the articles of
incorporation and the bylaws of the association.
new text end

new text begin (b) The chief administrative officer of the first class
city teacher retirement fund association must certify the
accuracy and the completeness of the compilation.
new text end

new text begin (c) The compilation of the articles of incorporation and
bylaws of a first class city teacher retirement fund association
must contain an index.
new text end

new text begin (d) The compilation must be made available to association
members and other interested parties. The association may
charge a fee for a copy that reflects the price of printing or
otherwise producing the copy. Two copies of the compilation
must be filed, without charge, by each retirement fund
association with the Legislation Commission on Pensions and
Retirement, the Legislative Reference Library, the state
auditor, the commissioner of education, the chancellor of the
Minnesota State Colleges and Universities system, and the
superintendent of the applicable school district.
new text end

new text begin (e) A first class city teacher retirement fund association
may contract with the revisor of statutes for the preparation of
the compilation.
new text end

new text begin (f) If a first class city teacher retirement fund
association makes an updated copy of its articles of
incorporation and bylaws available on its Web site, the
retirement fund association is not obligated to file a hard copy
of the documents under paragraph (d) for the applicable filing
period.
new text end

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

new text begin Section 1 is effective July 1, 2005.
new text end

ARTICLE 9

MINNESOTA STATE COLLEGES AND UNIVERSITIES
INDIVIDUAL RETIREMENT ACCOUNT PLAN CHANGES

Section 1.

Minnesota Statutes 2004, section 354B.25,
subdivision 2, is amended to read:

Subd. 2.

Investment options.

new text begin (a) new text end The plan administrator
shall arrange for the purchase of investment products.

new text begin (b) new text end The investment products must be purchased with
contributions under section 354B.23 or with money or assets
otherwise provided by law by authority of the board.

new text begin (c) Various investment accounts offered through new text end the
Minnesota supplemental investment fund established under section
11A.17 and administered by the State Board of Investment deleted text begin is one
of the deleted text end new text begin may be included as new text end investment products for the individual
retirement account plan. Direct access must also be provided to
lower expense and no-load mutual funds, as those terms are
defined by the federal Securities and Exchange Commission,
including stock funds, bond funds, and balanced funds. Other
investment products or combination of investment products which
may be included are:

(1) savings accounts at federally insured financial
institutions;

(2) life insurance contracts, fixed and variable annuity
contracts from companies that are subject to regulation by the
commerce commissioner;

(3) investment options from open-ended investment companies
registered under the federal Investment Company Act of 1940,
United States Code, title 15, sections 80a-1 to 80a-64;

(4) investment options from a firm that is a registered
investment advisor under the federal Investment Advisers Act of
1940, United States Code, title 15, sections 80b-1 to 80b-21;
and

(5) investment options of a bank as defined in United
States Code, title 15, section 80b-2, subsection (a), paragraph
2, or a bank holding company as defined in the Bank Holding
Company Act of 1956, United States Code, title 12, section 1841,
subsection (a), paragraph (1).

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

ARTICLE 10

SUPPLEMENTAL RETIREMENT PLANS

Section 1.

Minnesota Statutes 2004, section 356.24,
subdivision 1, is amended to read:

Subdivision 1.

Restriction; exceptions.

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) for employees other than personnel employed by the
Board of Trustees of the Minnesota State Colleges and
Universities and covered under the Higher Education Supplemental
Retirement Plan under chapter 354C, if the supplemental plan
coverage is provided for in a personnel policy of the public
employer or in the collective bargaining agreement between the
public employer and the exclusive representative of public
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 $2,000 a year per employee;

(i) to the state of Minnesota deferred compensation plan
under section 352.96; or

(ii) in payment of the applicable portion of the
contribution made to any investment eligible under section
403(b) of the Internal Revenue Code, if the employing unit has
complied with any applicable pension plan provisions of the
Internal Revenue Code with respect to the tax-sheltered annuity
program during the preceding calendar year;

(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 $2,700 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 laborer's national industrial pension fund new text begin or to
a laborer's local pension fund new text end 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 deleted text begin $2,000 deleted text end new text begin $5,000 new text end 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 deleted text begin $2,000 deleted text end new text begin $5,000 new text end 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
deleted text begin $2,000 deleted text end new text begin $5,000 new text end per year per employee; or

(11) to a supplemental plan organized and operated under
the federal 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 at the
date of retirement or the termination of active employment new text end .

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

ARTICLE 11

VOLUNTEER FIREFIGHTER RELIEF
ASSOCIATION CHANGES

Section 1.

Minnesota Statutes 2004, section 69.051,
subdivision 1, is amended to read:

Subdivision 1.

Financial report and audit.

The board of
each salaried firefighters relief association, police relief
association, and volunteer firefighters relief association as
defined in section 424A.001, subdivision 4, with assets of at
least $200,000 or liabilities of at least $200,000 new text begin in the prior
year or in any previous year new text end , according to the deleted text begin most recent
deleted text end new text begin applicable new text end actuarial valuation or financial report if no
valuation is required, shall:

(1) prepare a financial report covering the special and
general funds of the relief association for the preceding fiscal
year on a form prescribed by the state auditor. The financial
report deleted text begin shall deleted text end new text begin must new text end contain financial statements and disclosures
which present the true financial condition of the relief
association and the results of relief association operations in
conformity with generally accepted accounting principles and in
compliance with the regulatory, financing and funding provisions
of this chapter and any other applicable laws. The financial
report deleted text begin shall deleted text end new text begin must new text end be countersigned by the municipal clerk or
clerk-treasurer of the municipality in which the relief
association is located if the relief association is a
firefighters relief association which is directly associated
with a municipal fire department or is a police relief
association, or countersigned by the secretary of the
independent nonprofit firefighting corporation and by the
municipal clerk or clerk-treasurer of the largest municipality
in population which contracts with the independent nonprofit
firefighting corporation if the new text begin volunteer firefighter new text end relief
association is a subsidiary of an independent nonprofit
firefighting corporation;

(2) file the financial report in its office for public
inspection and present it to the city council after the close of
the fiscal year. One copy of the financial report deleted text begin shall deleted text end new text begin must new text end be
furnished to the state auditor after the close of the fiscal
year; and

(3) submit to the state auditor audited financial
statements which have been attested to by a certified public
accountant, public accountant, or the state auditor within 180
days after the close of the fiscal year. The state auditor may
accept this report in lieu of the report required in clause (2).

Sec. 2.

Minnesota Statutes 2004, section 69.051,
subdivision 1a, is amended to read:

Subd. 1a.

Financial statement.

(a) The board of each
volunteer firefighters relief association, as defined in section
424A.001, subdivision 4, deleted text begin with assets of less than $200,000 and
liabilities less than $200,000, according to the most recent
financial report, shall deleted text end new text begin that is not required to file a financial
report and audit under subdivision 1 must new text end 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 the sources and amounts of all money
received; all disbursements, accounts payable and accounts
receivable; the amount of money remaining in the treasury; total
assets including a listing of all investments; the accrued
liabilities; and all items necessary to show accurately the
revenues and expenditures and financial position of the relief
association.

(b) The detailed financial statement required under
paragraph (a) must be certified by an independent public
accountant or auditor or by the auditor or accountant who
regularly examines or audits the financial transactions of the
municipality. In addition to certifying the financial condition
of the special and general funds of the relief association, the
accountant or auditor conducting the examination shall give an
opinion as to the condition of the special and general funds of
the relief association, and shall comment upon any exceptions to
the report. The independent accountant or auditor deleted text begin shall deleted text end new text begin must
new text end have at least five years of public accounting, auditing, or
similar experience, and deleted text begin shall deleted text end new text begin must new text end not be an active, inactive,
or retired member of the relief association or the fire or
police department.

(c) The detailed statement required under paragraph (a)
must be countersigned by the municipal clerk or clerk-treasurer
of the municipality, or, where applicable, by the secretary of
the independent nonprofit firefighting corporation and by the
municipal clerk or clerk-treasurer of the largest municipality
in population which contracts with the independent nonprofit
firefighting corporation if the relief association is a
subsidiary of an independent nonprofit firefighting corporation.

(d) The volunteer firefighters' relief association board
must file the detailed statement required under paragraph (a) in
the relief association office for public inspection and present
it to the city council within 45 days after the close of the
fiscal year, and must submit a copy of the detailed statement to
the state auditor within 90 days of the close of the fiscal year.

Sec. 3.

Minnesota Statutes 2004, section 69.771, is
amended to read:

69.771 VOLUNTEER FIREFIGHTERS' RELIEF ASSOCIATION
FINANCING GUIDELINES ACT; APPLICATION.

Subdivision 1.

Covered relief associations.

The
applicable provisions of sections 69.771 to 69.776 deleted text begin shall deleted text end apply
to any firefighters' relief association other than a relief
association enumerated in section 69.77, subdivision 1a, which
is organized under any laws of this state, which is composed of
volunteer firefighters or new text begin is new text end composed partially of volunteer
firefighters and partially of salaried firefighters with
retirement coverage provided by the public employees police and
fire fund and which new text begin , in either case, new text end operates subject to the
service pension minimum requirements for entitlement and
maximums contained in section 424A.02, or new text begin subject to new text end a special
law modifying those requirements or maximums.

Subd. 2.

Authorized employer support for a relief
association.

Notwithstanding any law to the contrary, a
municipality may lawfully contribute public funds, including new text begin the
transfer of new text end any applicable fire state aid, or new text begin may new text end levy property
taxes for the support of a firefighters' relief association
specified in subdivision 1, however organized, which provides
retirement coverage or pays a service pension to retired
firefighter or a retirement benefit to a disabled firefighter or
a surviving dependent of either an active or retired firefighter
for the operation and maintenance of the relief association only
if the municipality and the relief association new text begin both new text end comply with
the new text begin applicable new text end provisions of sections 69.771 to 69.776.

Subd. 3.

Remedy for noncompliance; determination.

deleted text begin Any deleted text end new text begin (a) A new text end municipality in which there exists a firefighters'
relief association as specified in subdivision 1 which does not
comply with the applicable provisions of sections 69.771 to
69.776 or the provisions of any applicable special law relating
to the funding or financing of the association deleted text begin shall deleted text end new text begin does new text end not
qualify initially to receive, deleted text begin or be deleted text end new text begin and is not new text end entitled
subsequently to retain, fire state aid deleted text begin pursuant to deleted text end new text begin under
new text end sections 69.011 to 69.051 until the reason for new text begin the
new text end disqualification new text begin specified by the state auditor new text end is remedied,
whereupon the municipality or relief association, if otherwise
qualified, deleted text begin shall be deleted text end new text begin is new text end entitled to again receive fire state aid
for the year occurring immediately subsequent to the year in
which the disqualification is remedied.

new text begin (b) new text end The state auditor shall determine if a municipality to
which a firefighters' relief association is directly associated
or a firefighters' relief association fails to comply with the
provisions of sections 69.771 to 69.776 or the funding or
financing provisions of any applicable special law based upon
the information contained in the annual financial report of the
firefighters' relief association required deleted text begin pursuant to deleted text end new text begin under
new text end section 69.051 deleted text begin . deleted text end new text begin , the actuarial valuation of the relief
association, if applicable, the relief association officers'
financial requirements of the relief association and minimum
municipal obligation determination documentation under section
69.772, subdivisions 3 and 4; 69.773, subdivisions 4 and 5; or
69.774, subdivision 2, if requested to be filed by the state
auditor, the applicable municipal or nonprofit firefighting
corporation budget, if requested to be filed by the state
auditor, and any other relevant documents or reports obtained by
the state auditor.
new text end

new text begin (c) The municipality or nonprofit firefighting corporation
and the associated relief association are not eligible to
receive or to retain fire state aid if:
new text end

new text begin (1) the relief association fails to prepare or to file the
financial report or financial statement under section 69.051;
new text end

new text begin (2) the relief association treasurer is not bonded in the
manner and in the amount required by section 69.051, subdivision
2;
new text end

new text begin (3) the relief association officers fail to determine or
improperly determine the accrued liability and the annual
accruing liability of the relief association under section
69.772, subdivisions 2, 2a, and 3, paragraph (c), clause (2), if
applicable;
new text end

new text begin (4) if applicable, the relief association officers fail to
obtain and file a required actuarial valuation or the officers
file an actuarial valuation that does not contain the special
fund actuarial liability calculated under the entry age normal
actuarial cost method, the special fund current assets, the
special fund unfunded actuarial accrued liability, the special
fund normal cost under the entry age normal actuarial cost
method, the amortization requirement for the special fund
unfunded actuarial accrued liability by the applicable target
date, a summary of the applicable benefit plan, a summary of the
membership of the relief association, a summary of the actuarial
assumptions used in preparing the valuation, and a signed
statement by the actuary attesting to its results and certifying
to the qualifications of the actuary as an approved actuary
under section 356.215, subdivision 1, paragraph (c);
new text end

new text begin (5) the municipality failed to provide a municipal
contribution, or the nonprofit firefighting corporation failed
to provide a corporate contribution, in the amount equal to the
minimum municipal obligation if the relief association is
governed under section 69.772, or the amount necessary, when
added to the fire state aid actually received in the plan year
in question, to at least equal in total the calculated annual
financial requirements of the special fund of the relief
association if the relief association is governed under section
69.773, and, if the municipal or corporate contribution is
deficient, the municipality failed to include the minimum
municipal obligation certified under section 69.772, subdivision
3, or 69.773, subdivision 5, in its budget and tax levy or the
nonprofit firefighting corporation failed to include the minimum
corporate obligation certified under section 69.774, subdivision
2, in the corporate budget;
new text end

new text begin (6) the relief association did not receive municipal
ratification for the most recent plan amendment when municipal
ratification was required under section 69.772, subdivision 6;
69.773, subdivision 6; or 424A.02, subdivision 10;
new text end

new text begin (7) the relief association invested special fund assets in
an investment security that is not authorized under section
69.775;
new text end

new text begin (8) the relief association had an administrative expense
that is not authorized under section 69.80 or 424A.05,
subdivision 3, or the municipality had an expenditure that is
not authorized under section 424A.08;
new text end

new text begin (9) the relief association officers fail to provide a
complete and accurate public pension plan investment portfolio
and performance disclosure under section 356.219;
new text end

new text begin (10) the relief association fails to obtain the
acknowledgment from a broker of the statement of investment
restrictions under section 356A.06, subdivision 8b;
new text end

new text begin (11) the relief association officers permitted to occur a
prohibited transaction under section 356A.06, subdivision 9, or
424A.001, subdivision 7, or failed to undertake correction of a
prohibited transaction that did occur; or
new text end

new text begin (12) the relief association pays a defined benefit service
pension in an amount that is in excess of the applicable service
pension maximum under section 424A.02, subdivision 3.
new text end

Sec. 4.

Minnesota Statutes 2004, section 69.772,
subdivision 3, is amended to read:

Subd. 3.

Financial requirements of relief association;
minimum obligation of municipality.

new text begin (a) new text end 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.

deleted text begin (1) deleted text end new text begin (b) new text end The overall funding balance of the special fund for
the current calendar year deleted text begin shall deleted text end new text begin must new text end be determined in the
following manner:

deleted text begin (a) deleted text end new text begin (1) new text end 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 deleted text begin shall deleted text end new text begin must new text end be calculated
deleted text begin pursuant to deleted text end new text begin under new text end subdivisions 2 and 2a, if applicable.

deleted text begin (b) deleted text end new text begin (2) new text end 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 deleted text begin shall deleted text end new text begin , must new text end 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 deleted text begin shall deleted text end new text begin must new text end 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, deleted text begin shall deleted text end new text begin must new text end be utilized in making
this calculation.

deleted text begin (c) deleted text end new text begin (3) new text end The amount of the total present assets of the
special fund calculated deleted text begin pursuant to deleted text end new text begin under new text end clause deleted text begin (b) shall deleted text end new text begin (2)
must new text end be subtracted from the amount of the total accrued
liability of the special fund calculated deleted text begin pursuant to deleted text end new text begin under
new text end clause deleted text begin (a) deleted text end new text begin (1) new text end . If the amount of total present assets exceeds
the amount of the total accrued liability, then the special fund
deleted text begin shall be deleted text end new text begin is new text end 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 deleted text begin shall be
deleted text end new text begin is new text end 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 deleted text begin shall be deleted text end new text begin is
new text end considered to be fully funded.

deleted text begin (2) deleted text end new text begin (c) new text end The financial requirements of the special fund for
the following calendar year deleted text begin shall deleted text end new text begin must new text end be determined in the
following manner:

deleted text begin (a) deleted text end new text begin (1) new text end 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 deleted text begin shall deleted text end new text begin must new text end be calculated deleted text begin pursuant to deleted text end new text begin under
new text end subdivisions 2 and 2a, if applicable.

deleted text begin (b) deleted text end new text begin (2) new text end 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 deleted text begin shall
deleted text end new text begin must new text end be calculated.

deleted text begin (c) deleted text end new text begin (3) new text end The amount of anticipated future administrative
expenses of the special fund deleted text begin shall deleted text end new text begin must new text end be calculated by
multiplying the dollar amount of the administrative expenses of
the special fund for the most recent new text begin prior calendar new text end year by the
factor of 1.035.

deleted text begin (d) deleted text end new text begin (4) new text end If the special fund is fully funded, the financial
deleted text begin requirement deleted text end new text begin requirements new text end of the special fund for the following
calendar year deleted text begin shall be deleted text end new text begin are new text end the deleted text begin figure which represents the
increase in the deleted text end total deleted text begin accrued liability deleted text end of the deleted text begin special fund as
deleted text end new text begin amounts new text end calculated deleted text begin pursuant to subclause (b) deleted text end new text begin under clauses (2)
and (3) new text end .

deleted text begin (e) deleted text end new text begin (5) new text end If the special fund has a deficit from full
funding, the financial requirements of the special fund for the
following calendar year deleted text begin shall be deleted text end new text begin are new text end the financial requirements
of the special fund calculated as though the special fund were
fully funded deleted text begin pursuant to subclause (d) deleted text end new text begin under clause (4) new text end plus an
amount equal to one-tenth of the new text begin original new text end amount of the deficit
from full funding of the special fund as determined deleted text begin pursuant to
this section for the calendar year 1971 until that deficit from
full funding is fully retired, and plus an amount equal to
one-tenth of the increase in the deficit from full funding of
the special fund deleted text end new text begin under clause (2) new text end resulting new text begin either new text end from an
increase in the amount of the service pension deleted text begin accruing after
December 31, 1971 deleted text end new text begin occurring in the last ten years or from a net
annual investment loss occurring during the last ten years new text end until
each increase in the deficit from full funding is fully
retired. new text begin The annual amortization contribution under this clause
may not exceed the amount of the deficit from full funding.
new text end

deleted text begin (f) deleted text end new text begin (6) new text end If the special fund has a surplus over full
funding, the financial requirements of the special fund for the
following calendar year deleted text begin shall be deleted text end new text begin are new text end the financial requirements
of the special fund calculated as though the special fund were
fully funded deleted text begin pursuant to subclause (d) deleted text end new text begin under clause (4) new text end reduced
by an amount equal to one-tenth of the amount of the surplus
over full funding of the special fund.

deleted text begin (3) deleted text end new text begin (d) new text end The minimum obligation of the municipality with
respect to the special fund deleted text begin shall be deleted text end new text begin is new text end the financial
requirements of the special fund reduced by the amount of any
fire state aid payable deleted text begin pursuant to deleted text end new text begin under new text end sections 69.011 to
69.051 new text begin reasonably new text end anticipated to be received by the municipality
for transmittal to the special fund during the following
calendar year, 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 annum,
and the amount of any deleted text begin anticipated deleted text end contributions to the special
fund new text begin required new text end by the new text begin relief association bylaws from the active
new text end members of the relief association new text begin reasonably anticipated to be
received new text end during the following calendar year. new text begin 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 end

Sec. 5.

Minnesota Statutes 2004, section 69.772,
subdivision 4, is amended to read:

Subd. 4.

Certification of financial requirements and
minimum municipal obligation; levy.

new text begin (a) new text end 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 deleted text begin pursuant to deleted text end new text begin under
new text end subdivision 3 to the governing body of the municipality on or
before August 1 of each year. new text begin The financial requirements of the
relief association and the minimum municipal obligation must be
included in the financial report or financial statement under
section 69.051.
new text end

new text begin (b) new text end 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.

new text begin (c) new text end 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 deleted text begin pursuant to deleted text end new text begin under new text end this section deleted text begin shall deleted text end new text begin must new text end 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.

new text begin (d) new text end 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
new text begin certified new text end minimum municipal obligation new text begin on the taxable property
of the municipality new text end .

new text begin (e) If the state auditor determines that a municipal
contribution actually made in a plan year was insufficient under
section 69.771, 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 end

Sec. 6.

Minnesota Statutes 2004, section 69.773,
subdivision 4, is amended to read:

Subd. 4.

Financial requirements of special fund.

deleted text begin Prior
to deleted text end new text begin (a) On or before new text end August 1 of each year, the officers of the
relief association shall determine the financial requirements of
the special fund of the relief association in accordance with
the requirements of this subdivision.

new text begin (b) new text end The financial requirements of the relief
association deleted text begin shall deleted text end new text begin must new text end be based on the most recent actuarial
valuation of the special fund prepared in accordance with
subdivision 2. If the relief association has an unfunded
actuarial accrued liability as reported in the most recent
actuarial valuation, the financial requirements deleted text begin shall deleted text end new text begin must new text end be
determined by adding the figures calculated deleted text begin pursuant to deleted text end new text begin under
paragraph (d), new text end clauses deleted text begin (a) deleted text end new text begin (1) new text end , deleted text begin (b) deleted text end new text begin (2) new text end , and deleted text begin (c) deleted text end new text begin (3) new text end . If
the relief association does not have an unfunded actuarial
accrued liability as reported in the most recent actuarial
valuation, the financial requirements deleted text begin shall deleted text end new text begin must new text end be an amount
equal to the figure calculated deleted text begin pursuant to deleted text end new text begin under paragraph (d),
new text end clauses deleted text begin (a) deleted text end new text begin (1) new text end and deleted text begin (b) deleted text end new text begin (2) new text end , reduced by an amount equal to
one-tenth of the amount of any assets in excess of the actuarial
accrued liability of the relief association.

new text begin (c) new text end The determination of whether or not the relief
association has an unfunded actuarial accrued liability
deleted text begin shall deleted text end new text begin must new text end be based on the current market value of assets for
which a market value is readily ascertainable and the cost or
book value, whichever is applicable, for assets for which no
market value is readily ascertainable.

deleted text begin (a) deleted text end new text begin (d) The components of the financial requirements of the
relief association are the following:
new text end

new text begin (1) new text end The normal level cost requirement for the following
year, expressed as a dollar amount, deleted text begin shall be deleted text end new text begin is new text end the figure for
the normal level cost of the relief association as reported in
the actuarial valuation.

deleted text begin (b) deleted text end new text begin (2) new text end The amount of anticipated future administrative
expenses of the special fund deleted text begin shall deleted text end new text begin must new text end be calculated by
multiplying the dollar amount of the administrative expenses of
the special fund for the most recent new text begin prior calendar new text end year by the
factor of 1.035.

deleted text begin (c) deleted text end new text begin (3) new text end The amortization contribution requirement to retire
the current unfunded actuarial accrued liability by the
established date for full funding deleted text begin shall be deleted text end new text begin is new text end the figure for the
amortization contribution as reported in the actuarial
valuation. If there has not been a change in the actuarial
assumptions used for calculating the actuarial accrued liability
of the special fund, a change in the bylaws of the relief
association governing the service pensions, retirement benefits,
or both new text begin , new text end payable from the special fund new text begin , new text end or a change in the
actuarial cost method used to value all or a portion of the
special fund which change or changes, which by themselves new text begin ,
new text end without inclusion of any other items of increase or decrease,
produce a net increase in the unfunded actuarial accrued
liability of the special fund deleted text begin since December 31, 1970 deleted text end , the
established date for full funding deleted text begin shall be deleted text end new text begin is the new text end December 31 deleted text begin ,
1990 deleted text end new text begin occurring ten years later new text end . If there has been a change in
the actuarial assumptions used for calculating the actuarial
accrued liability of the special fund, a change in the bylaws of
the relief association governing the service pensions,
retirement benefits, or both payable from the special fund or a
change in the actuarial cost method used to value all or a
portion of the special fund and the change or changes, by
themselves and without inclusion of any other items of increase
or decrease, produce a net increase in the unfunded actuarial
accrued liability of the special fund deleted text begin since December 31, 1970,
but prior to January 1, 1979 deleted text end new text begin within the past 20 years new text end , the
established date for full funding deleted text begin shall be December 31, 1998,
and if there has been a change since December 31, 1978, the
established date for full funding shall deleted text end new text begin must new text end be determined using
the following procedure:

(i) new text begin the unfunded actuarial accrued liability of the special
fund attributable to experience losses that have occurred since
the most recent prior actuarial valuation must be determined and
the level annual dollar contribution needed to amortize the
experience loss over a period of ten years ending on the
December 31 occurring ten years later must be calculated;
new text end

new text begin (ii) new text end the unfunded actuarial accrued liability of the
special fund deleted text begin shall deleted text end new text begin must new text end be determined in accordance with the
provisions governing service pensions, retirement benefits, and
actuarial assumptions in effect before an applicable change;

deleted text begin (ii) deleted text end new text begin (iii) new text end the level annual dollar contribution needed to
amortize this unfunded actuarial accrued liability amount by the
date for full funding in effect deleted text begin prior to deleted text end new text begin before new text end the change deleted text begin shall
deleted text end new text begin must new text end be calculated using the interest assumption specified in
section 356.215, subdivision 8, in effect before any applicable
change;

deleted text begin (iii) deleted text end new text begin (iv) new text end the unfunded actuarial accrued liability of the
special fund deleted text begin shall deleted text end new text begin must new text end be determined in accordance with any new
provisions governing service pensions, retirement benefits, and
actuarial assumptions and the remaining provisions governing
service pensions, retirement benefits, and actuarial assumptions
in effect before an applicable change;

deleted text begin (iv) deleted text end new text begin (v) new text end the level annual dollar contribution needed to
amortize the difference between the unfunded actuarial accrued
liability amount calculated deleted text begin pursuant to subclause (i) deleted text end new text begin under item
(ii) new text end and the unfunded actuarial accrued liability amount
calculated deleted text begin pursuant to subclause (iii) deleted text end new text begin under item (iv) new text end over a
period of 20 years starting December 31 of the year in which the
change is effective deleted text begin shall deleted text end new text begin must new text end be calculated using the interest
assumption specified in section 356.215, subdivision 8, in
effect after any applicable change;

deleted text begin (v) deleted text end new text begin (vi) new text end the annual amortization contribution calculated
deleted text begin pursuant to subclause (iv) shall deleted text end new text begin under item (v) must new text end be added to
the annual amortization contribution calculated deleted text begin pursuant to
subclause (ii) deleted text end new text begin under items (i) and (iii) new text end ;

deleted text begin (vi) deleted text end new text begin (vii) new text end the period in which the unfunded actuarial
accrued liability amount determined in deleted text begin subclause (iii) deleted text end new text begin item (iv)
new text end will be amortized by the total annual amortization contribution
computed deleted text begin pursuant to subclause (v) shall deleted text end new text begin under item (vi) must new text end be
calculated using the interest assumption specified in section
356.215, subdivision 8, in effect after any applicable change,
rounded to the nearest integral number of years, but which deleted text begin shall
deleted text end new text begin must new text end not exceed a period of 20 years from the end of the year in
which the determination of the date for full funding using this
procedure is made and which deleted text begin shall deleted text end new text begin must new text end not be less than the
period of years beginning in the year in which the determination
of the date for full funding using this procedure is made and
ending by the date for full funding in effect before the change;

deleted text begin (vii) deleted text end new text begin (viii) new text end the period determined deleted text begin pursuant to subclause
(vi) shall deleted text end new text begin under item (vii) must new text end be added to the date as of
which the actuarial valuation was prepared and the resulting
date deleted text begin shall be deleted text end new text begin is new text end the new date for full funding.

Sec. 7.

Minnesota Statutes 2004, section 69.773,
subdivision 5, is amended to read:

Subd. 5.

Minimum municipal obligation.

new text begin (a) new text end 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 deleted text begin prior to deleted text end new text begin on
or before new text end August 1 of each year in accordance with the
requirements of this subdivision.

new text begin (b) new text end The minimum obligation of the municipality with respect
to the special fund deleted text begin shall be deleted text end new text begin is new text end an amount equal to the financial
requirements of the special fund of the relief association
determined deleted text begin pursuant to deleted text end new text begin under new text end subdivision 4, reduced by the
estimated amount of any fire state aid payable deleted text begin pursuant to deleted text end new text begin under
new text end sections 69.011 to 69.051 new text begin reasonably new text end anticipated to be received
by the municipality for transmittal to the special fund of the
relief association during the following year and the amount of
any anticipated contributions to the special fund new text begin required new text end by
the new text begin relief association bylaws from the active new text end members of the
relief association new text begin reasonably anticipated to be received new text end during
the following calendar year. new text begin 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 end

new text begin (c) new text end 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 deleted text begin pursuant to deleted text end new text begin under new text end subdivision 4 and this subdivision
to the governing body of the municipality by August 1 of each
year. new text begin The financial requirements of the relief association and
the minimum municipal obligation must be included in the
financial report or financial statement under section 69.051.
new text end

new text begin (d) new text end 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 deleted text begin pursuant to
deleted text end new text begin under new text end this section deleted text begin shall deleted text end new text begin must new text end 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.

new text begin (e) new text end 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 new text begin on the taxable property of the
municipality new text end .

new text begin (f) If the state auditor determines that a municipal
contribution actually made in a plan year was insufficient under
section 69.771, 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 end

Sec. 8.

Minnesota Statutes 2004, section 69.775, is
amended to read:

69.775 INVESTMENTS.

new text begin (a) new text end The special fund assets of deleted text begin the deleted text end new text begin a new text end relief deleted text begin associations
deleted text end new text begin association new text end governed by sections 69.771 to 69.776 must be
invested in securities that are authorized investments under
section 356A.06, subdivision 6 or 7.

new text begin (b) new text end Notwithstanding the foregoing, up to 75 percent of the
market value of the assets of the new text begin special new text end fund new text begin , not including
any money market mutual funds, new text end may be invested in open-end
investment companies registered under the federal Investment
Company Act of 1940, if the portfolio investments of the
investment companies comply with the type of securities
authorized for investment under section 356A.06, subdivision 7.

new text begin (c) new text end Securities held by the associations before June 2,
1989, that do not meet the requirements of this section may be
retained after that date if they were proper investments for the
association on that date.

new text begin (d) new text end The governing board of the association may select and
appoint investment agencies to act for and in its behalf or may
certify special fund assets for investment by the State Board of
Investment under section 11A.17.

new text begin (e) new text end The governing board of the association may certify
general fund assets of the relief association for investment by
the State Board of Investment in fixed income pools or in a
separately managed account at the discretion of the State Board
of Investment as provided in section 11A.14.

new text begin (f) new text end The governing board of the association may select and
appoint a qualified private firm to measure management
performance and return on investment, and the firm shall use the
formula or formulas developed by the state board under section
11A.04, clause (11).

Sec. 9.

Minnesota Statutes 2004, section 356A.06,
subdivision 7, is amended to read:

Subd. 7.

Expanded list of authorized investment
securities.

(a) [AUTHORITY.] Except to the extent otherwise
authorized by law or bylaws, a covered pension plan not
described by subdivision 6, paragraph (a), may invest its assets
only in accordance with this subdivision.

(b) [SECURITIES GENERALLY.] The covered pension plan has
the authority to purchase, sell, lend, or exchange the
securities specified in paragraphs (c) to deleted text begin (g) deleted text end new text begin (h) new text end , including
puts and call options and future contracts traded on a contract
market regulated by a governmental agency or by a financial
institution regulated by a governmental agency. These
securities may be owned as units in commingled trusts that own
the securities described in paragraphs (c) to deleted text begin (g) deleted text end new text begin (h) new text end .

(c) [GOVERNMENT OBLIGATIONS.] The covered pension plan may
invest funds in governmental bonds, notes, bills, mortgages, and
other evidences of indebtedness provided the issue is backed by
the full faith and credit of the issuer or the issue is rated
among the top four quality rating categories by a nationally
recognized rating agency. The obligations in which funds may be
invested under this paragraph include guaranteed or insured
issues of (1) the United States, its agencies, its
instrumentalities, or organizations created and regulated by an
act of Congress; (2) Canada and its provinces, provided the
principal and interest is payable in United States dollars; (3)
the states and their municipalities, political subdivisions,
agencies, or instrumentalities; (4) the International Bank for
Reconstruction and Development, the Inter-American Development
Bank, the Asian Development Bank, the African Development Bank,
or any other United States government sponsored organization of
which the United States is a member, provided the principal and
interest is payable in United States dollars.

(d) [CORPORATE OBLIGATIONS.] The covered pension plan may
invest funds in bonds, notes, debentures, transportation
equipment obligations, or any other longer term evidences of
indebtedness issued or guaranteed by a corporation organized
under the laws of the United States or any state thereof, or the
Dominion of Canada or any province thereof if they conform to
the following provisions:

(1) the principal and interest of obligations of
corporations incorporated or organized under the laws of the
Dominion of Canada or any province thereof must be payable in
United States dollars; and

(2) obligations must be rated among the top four quality
categories by a nationally recognized rating agency.

(e) [OTHER OBLIGATIONS.] (1) The covered pension plan may
invest funds in bankers acceptances, certificates of deposit,
deposit notes, commercial paper, mortgage participation
certificates and pools, asset backed securities, repurchase
agreements and reverse repurchase agreements, guaranteed
investment contracts, savings accounts, and guaranty fund
certificates, surplus notes, or debentures of domestic mutual
insurance companies if they conform to the following provisions:

(i) bankers acceptances and deposit notes of United States
banks are limited to those issued by banks rated in the highest
four quality categories by a nationally recognized rating
agency;

(ii) certificates of deposit are limited to those issued by
(A) United States banks and savings institutions that are rated
in the highest four quality categories by a nationally
recognized rating agency or whose certificates of deposit are
fully insured by federal agencies; or (B) credit unions in
amounts up to the limit of insurance coverage provided by the
National Credit Union Administration;

(iii) commercial paper is limited to those issued by United
States corporations or their Canadian subsidiaries and rated in
the highest two quality categories by a nationally recognized
rating agency;

(iv) mortgage participation or pass through certificates
evidencing interests in pools of first mortgages or trust deeds
on improved real estate located in the United States where the
loan to value ratio for each loan as calculated in accordance
with section 61A.28, subdivision 3, does not exceed 80 percent
for fully amortizable residential properties and in all other
respects meets the requirements of section 61A.28, subdivision
3;

(v) collateral for repurchase agreements and reverse
repurchase agreements is limited to letters of credit and
securities authorized in this section;

(vi) guaranteed investment contracts are limited to those
issued by insurance companies or banks rated in the top four
quality categories by a nationally recognized rating agency or
to alternative guaranteed investment contracts where the
underlying assets comply with the requirements of this
subdivision;

(vii) savings accounts are limited to those fully insured
by federal agencies; and

(viii) asset backed securities must be rated in the top
four quality categories by a nationally recognized rating agency.

(2) Sections 16A.58, 16C.03, subdivision 4, and 16C.05 do
not apply to certificates of deposit and collateralization
agreements executed by the covered pension plan under clause
(1), item (ii).

(3) In addition to investments authorized by clause (1),
item (iv), the covered pension plan may purchase from the
Minnesota Housing Finance Agency all or any part of a pool of
residential mortgages, not in default, that has previously been
financed by the issuance of bonds or notes of the agency. The
covered pension plan may also enter into a commitment with the
agency, at the time of any issue of bonds or notes, to purchase
at a specified future date, not exceeding 12 years from the date
of the issue, the amount of mortgage loans then outstanding and
not in default that have been made or purchased from the
proceeds of the bonds or notes. The covered pension plan may
charge reasonable fees for any such commitment and may agree to
purchase the mortgage loans at a price sufficient to produce a
yield to the covered pension plan comparable, in its judgment,
to the yield available on similar mortgage loans at the date of
the bonds or notes. The covered pension plan may also enter
into agreements with the agency for the investment of any
portion of the funds of the agency. The agreement must cover
the period of the investment, withdrawal privileges, and any
guaranteed rate of return.

(f) [CORPORATE STOCKS.] The covered pension plan may
invest funds in stocks or convertible issues of any corporation
organized under the laws of the United States or the states
thereof, new text begin any corporation organized under the laws of new text end the
Dominion of Canada or its provinces, or any corporation listed
on deleted text begin the New York Stock Exchange or the American Stock Exchange deleted text end new text begin an
exchange regulated by an agency of the United States or of the
Canadian national government new text end , if they conform to the following
provisions:

(1) the aggregate value of corporate stock investments, as
adjusted for realized profits and losses, must not exceed 85
percent of the market or book value, whichever is less, of a
fund, less the aggregate value of investments according to
deleted text begin subdivision 6 deleted text end new text begin paragraph (h) new text end ;

(2) investments must not exceed five percent of the total
outstanding shares of any one corporation.

(g) [EXCHANGE TRADED FUNDS.] new text begin The covered pension plan may
invest funds in exchange traded funds, subject to the maximums,
the requirements, and the limitations set forth in paragraph
(d), (e), (f), or (h), whichever applies.
new text end

new text begin (h) new text end [OTHER INVESTMENTS.] (1) In addition to the
investments authorized in paragraphs (b) to deleted text begin (f) deleted text end new text begin (g) new text end , and subject
to the provisions in clause (2), the covered pension plan may
invest funds in:

(i) venture capital investment businesses through
participation in limited partnerships and corporations;

(ii) real estate ownership interests or loans secured by
mortgages or deeds of trust through investment in limited
partnerships, bank sponsored collective funds, trusts, and
insurance company commingled accounts, including separate
accounts;

(iii) regional and mutual funds through bank sponsored
collective funds and open-end investment companies registered
under the Federal Investment Company Act of 1940;

(iv) resource investments through limited partnerships,
private placements, and corporations; and

(v) international securities.

(2) The investments authorized in clause (1) must conform
to the following provisions:

(i) the aggregate value of all investments made according
to clause (1) may not exceed 35 percent of the market value of
the fund for which the covered pension plan is investing;

(ii) there must be at least four unrelated owners of the
investment other than the state board for investments made under
clause (1), item (i), (ii), (iii), or (iv);

(iii) covered pension plan participation in an investment
vehicle is limited to 20 percent thereof for investments made
under clause (1), item (i), (ii), (iii), or (iv); and

(iv) covered pension plan participation in a limited
partnership does not include a general partnership interest or
other interest involving general liability. The covered pension
plan may not engage in any activity as a limited partner which
creates general liability.

Sec. 10.

Minnesota Statutes 2004, section 424A.02,
subdivision 3, is amended to read:

Subd. 3.

Flexible service pension maximums.

(a) Annually
on or before August 1 as part of the certification of the
financial requirements and minimum municipal obligation
determined under section 69.772, subdivision 4, or 69.773,
subdivision 5, as applicable, the secretary or some other
official of the relief association designated in the bylaws of
each relief association shall calculate and certify to the
governing body of the applicable qualified municipality the
average amount of available financing per active covered
firefighter for the most recent three-year period. The amount
of available financing shall include any amounts of fire state
aid received or receivable by the relief association, any
amounts of municipal contributions to the relief association
raised from levies on real estate or from other available
revenue sources exclusive of fire state aid, and one-tenth of
the amount of assets in excess of the accrued liabilities of the
relief association calculated under section 69.772, subdivision
2; 69.773, subdivisions 2 and 4; or 69.774, subdivision 2, if
any.

(b) The maximum service pension which the relief
association has authority to provide for in its bylaws for
payment to a member retiring after the calculation date when the
minimum age and service requirements specified in subdivision 1
are met must be determined using the table in paragraph (c) or
(d), whichever applies.

(c) For a relief association where the governing bylaws
provide for a monthly service pension to a retiring member, the
maximum monthly service pension amount per month for each year
of service credited that may be provided for in the bylaws is
the new text begin greater of the service pension amount provided for in the
bylaws on the date of the calculation of the average amount of
the available financing per active covered firefighter or the
new text end maximum service pension figure corresponding to the average
amount of available financing per active covered firefighter:

Minimum Average Amount of Maximum Service Pension
Available Financing per Amount Payable per Month
Firefighter for Each Year of Service

$... $ .25
deleted text begin 42 deleted text end new text begin 41 new text end .50
deleted text begin 84 deleted text end new text begin 81 new text end 1.00
deleted text begin 126 deleted text end new text begin 122 new text end 1.50
deleted text begin 168 deleted text end new text begin 162 new text end 2.00
deleted text begin 209 deleted text end new text begin 203 new text end 2.50
deleted text begin 252 deleted text end new text begin 243 new text end 3.00
deleted text begin 294 deleted text end new text begin 284 new text end 3.50
deleted text begin 335 deleted text end new text begin 324 new text end 4.00
deleted text begin 378 deleted text end new text begin 365 new text end 4.50
deleted text begin 420 deleted text end new text begin 405 new text end 5.00
deleted text begin 503 deleted text end new text begin 486 new text end 6.00
deleted text begin 587 deleted text end new text begin 567 new text end 7.00
deleted text begin 672 deleted text end new text begin 648 new text end 8.00
deleted text begin 755 deleted text end new text begin 729 new text end 9.00
deleted text begin 839 deleted text end new text begin 810 new text end 10.00
deleted text begin 923 deleted text end new text begin 891 new text end 11.00
deleted text begin 1007 deleted text end new text begin 972 new text end 12.00
deleted text begin 1090 deleted text end new text begin 1053 new text end 13.00
deleted text begin 1175 deleted text end new text begin 1134 new text end 14.00
deleted text begin 1259 deleted text end new text begin 1215 new text end 15.00
deleted text begin 1342 deleted text end new text begin 1296 new text end 16.00
deleted text begin 1427 deleted text end new text begin 1377 new text end 17.00
deleted text begin 1510 deleted text end new text begin 1458 new text end 18.00
deleted text begin 1594 deleted text end new text begin 1539 new text end 19.00
deleted text begin 1677 deleted text end new text begin 1620 new text end 20.00
deleted text begin 1762 deleted text end new text begin 1701 new text end 21.00
deleted text begin 1845 deleted text end new text begin 1782 new text end 22.00
deleted text begin 1888 deleted text end new text begin 1823 new text end 22.50
deleted text begin 1929 deleted text end new text begin 1863 new text end 23.00
deleted text begin 2014 deleted text end new text begin 1944 new text end 24.00
deleted text begin 2098 deleted text end new text begin 2025 new text end 25.00
deleted text begin 2183 deleted text end new text begin 2106 new text end 26.00
deleted text begin 2267 deleted text end new text begin 2187 new text end 27.00
deleted text begin 2351 deleted text end new text begin 2268 new text end 28.00
deleted text begin 2436 deleted text end new text begin 2349 new text end 29.00
deleted text begin 2520 deleted text end new text begin 2430 new text end 30.00
deleted text begin 2604 deleted text end new text begin 2511 new text end 31.00
deleted text begin 2689 deleted text end new text begin 2592 new text end 32.00
deleted text begin 2773 deleted text end new text begin 2673 new text end 33.00
deleted text begin 2857 deleted text end new text begin 2754 new text end 34.00
deleted text begin 2942 deleted text end new text begin 2834 new text end 35.00
deleted text begin 3026 deleted text end new text begin 2916 new text end 36.00
deleted text begin 3110 deleted text end new text begin 2997 new text end 37.00
deleted text begin 3194 deleted text end new text begin 3078 new text end 38.00
deleted text begin 3278 deleted text end new text begin 3159 new text end 39.00
deleted text begin 3362 deleted text end new text begin 3240 new text end 40.00
deleted text begin 3446 deleted text end new text begin 3321 new text end 41.00
deleted text begin 3530 deleted text end new text begin 3402 new text end 42.00
deleted text begin 3614 deleted text end new text begin 3483 new text end 43.00
deleted text begin 3698 deleted text end new text begin 3564 new text end 44.00
deleted text begin 3782 deleted text end new text begin 3645 new text end 45.00
deleted text begin 3866 deleted text end new text begin 3726 new text end 46.00
deleted text begin 3950 deleted text end new text begin 3807 new text end 47.00
deleted text begin 4034 deleted text end new text begin 3888 new text end 48.00
deleted text begin 4118 deleted text end new text begin 3969 new text end 49.00
deleted text begin 4202 deleted text end new text begin 4050 new text end 50.00
deleted text begin 4286 deleted text end new text begin 4131 new text end 51.00
deleted text begin 4370 deleted text end new text begin 4212 new text end 52.00

deleted text begin Effective beginning December 31, 2003:
deleted text end

deleted text begin 4454 deleted text end new text begin 4293 new text end 53.00
deleted text begin 4538 deleted text end new text begin 4374 new text end 54.00
deleted text begin 4622 deleted text end new text begin 4455 new text end 55.00
deleted text begin 4706 deleted text end new text begin 4536 new text end 56.00

(d) For a relief association in which the governing bylaws
provide for a lump sum service pension to a retiring member, the
maximum lump sum service pension amount for each year of service
credited that may be provided for in the bylaws is the new text begin greater
of the service pension amount provided for in the bylaws on the
date of the calculation of the average amount of the available
financing per active covered firefighter or the new text end maximum service
pension figure corresponding to the average amount of available
financing per active covered firefighter for the applicable
specified period:

Minimum Average Amount Maximum Lump Sum Service
of Available Financing Pension Amount Payable
per Firefighter for Each Year of Service

$.. $10
11 20
16 30
23 40
27 50
32 60
43 80
54 100
65 120
77 140
86 160
97 180
108 200
131 240
151 280
173 320
194 360
216 400
239 440
259 480
281 520
302 560
324 600
347 640
367 680
389 720
410 760
432 800
486 900
540 1000
594 1100
648 1200
702 1300
756 1400
810 1500
864 1600
918 1700
972 1800
1026 1900
1080 2000
1134 2100
1188 2200
1242 2300
1296 2400
1350 2500
1404 2600
1458 2700
1512 2800
1566 2900
1620 3000
1672 3100
1726 3200
1753 3250
1780 3300
1820 3375

1834 3400
1888 3500

1942 3600
1996 3700
2023 3750

2050 3800
2104 3900
2158 4000

2212 4100
2265 4200
2319 4300
2373 4400
2427 4500
2481 4600
2535 4700
2589 4800
2643 4900
2697 5000
2751 5100
2805 5200
2859 5300
2913 5400
2967 5500

3021 5600

3075 5700

3129 5800

3183 5900

3237 6000

3291 6100

3345 6200

3399 6300

3453 6400

3507 6500

3561 6600

3615 6700

3669 6800

3723 6900

3777 7000

deleted text begin Effective beginning December 31, 2003:
deleted text end

3831 7100

3885 7200

3939 7300

3993 7400

4047 7500

(e) For a relief association in which the governing bylaws
provide for a monthly benefit service pension as an alternative
form of service pension payment to a lump sum service pension,
the maximum service pension amount for each pension payment type
must be determined using the applicable table contained in this
subdivision.

(f) If a relief association establishes a service pension
in compliance with the applicable maximum contained in paragraph
(c) or (d) and the minimum average amount of available financing
per active covered firefighter is subsequently reduced because
of a reduction in fire state aid or because of an increase in
the number of active firefighters, the relief association may
continue to provide the prior service pension amount specified
in its bylaws, but may not increase the service pension amount
until the minimum average amount of available financing per
firefighter under the table in paragraph (c) or (d), whichever
applies, permits.

(g) No relief association is authorized to provide a
service pension in an amount greater than the largest applicable
flexible service pension maximum amount even if the amount of
available financing per firefighter is greater than the
financing amount associated with the largest applicable flexible
service pension maximum.

Sec. 11.

Minnesota Statutes 2004, section 424A.02,
subdivision 4, is amended to read:

Subd. 4.

Defined contribution lump sum service
pensions.

new text begin (a) new text end If the bylaws governing the relief association so
provide exclusively, the relief association may pay a defined
contribution lump sum service pension in lieu of any defined
benefit service pension governed by subdivision 2.

new text begin (b) new text end An individual account for each firefighter who is a
member of the relief association deleted text begin shall deleted text end new text begin must new text end be established. To
each individual new text begin active new text end member account deleted text begin shall deleted text end new text begin must new text end be credited deleted text begin a
right to deleted text end an equal share of: deleted text begin (a) deleted text end new text begin (1) new text end any amounts of fire state
aid received by the relief association; deleted text begin (b) deleted text end new text begin (2) new text end any amounts of
municipal contributions to the relief association raised from
levies on real estate or from other available revenue sources
exclusive of fire state aid; and deleted text begin (c) deleted text end new text begin (3) new text end any amounts equal to
the share of the assets of the special fund to the credit
of: deleted text begin (1) deleted text end new text begin (i) new text end any former member who terminated active service
with the fire department to which the relief association is
associated deleted text begin prior to deleted text end new text begin before new text end meeting the minimum service
requirement provided for in subdivision 1 and has not returned
to active service with the fire department for a period no
shorter than five years; or deleted text begin (2) deleted text end new text begin (ii) new text end any retired member who
retired deleted text begin prior to deleted text end new text begin before new text end obtaining a full nonforfeitable interest
in the amounts credited to the individual member
account deleted text begin pursuant to deleted text end new text begin under new text end subdivision 2 and any applicable
provision of the bylaws of the relief association. In addition,
any deleted text begin interest or deleted text end investment deleted text begin income earned deleted text end new text begin return new text end on the assets of
the special fund deleted text begin shall deleted text end new text begin must new text end be credited in proportion to the
share of the assets of the special fund to the credit of each
individual new text begin active new text end member account new text begin through the date on which the
investment return is recognized by and credited to the special
fund new text end .

new text begin (c) new text end At the time of retirement deleted text begin pursuant to deleted text end new text begin under new text end subdivision
1 and any applicable provision of the bylaws of the relief
association, a retiring member deleted text begin shall be deleted text end new text begin is new text end entitled to that
portion of the assets of the special fund to the credit of the
member in the individual member account which is
nonforfeitable deleted text begin pursuant to deleted text end new text begin under new text end subdivision 2 and any
applicable provision of the bylaws of the relief association
based on the number of years of service to the credit of the
retiring member.

Sec. 12.

Minnesota Statutes 2004, section 424A.02,
subdivision 7, is amended to read:

Subd. 7.

Deferred service pensions.

(a) A member of a
relief association deleted text begin to which this section applies deleted text end is entitled to
a deferred service pension if the member:

(1) has completed the lesser of the minimum period of
active service with the fire department specified in the bylaws
or 20 years of active service with the fire department;

(2) has completed at least five years of active membership
in the relief association; and

(3) separates from active service and membership before
reaching age 50 or the minimum age for retirement and
commencement of a service pension specified in the bylaws
governing the relief association if that age is greater than age
50.

(b) The deferred service pension deleted text begin starts deleted text end new text begin is payable new text end when the
former member reaches age 50 new text begin , new text end or the minimum age specified in
the bylaws governing the relief association if that age is
greater than age 50 new text begin , new text end and when the former member makes a valid
written application.

(c) A relief association that provides a lump sum service
pension new text begin governed by subdivision 3 new text end may, when its governing bylaws
so provide, pay interest on the deferred lump sum service
pension during the period of deferral. If provided for in the
bylaws, interest must be paid in one of the following manners:

(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 or if the
deferred benefit amount is invested in a separate investment
vehicle held by the relief association;

(2) at deleted text begin the deleted text end new text begin an new text end interest rate of new text begin up to new text end five percent,
compounded annually new text begin as set by the board of directors and
approved as provided in subdivision 10 new text end ; or

(3) at a rate equal to the actual time weighted total rate
of return investment performance of the special fund as reported
by the Office of the State Auditor under section 356.219, up to
five percent, compounded annually, and applied consistently for
all deferred service pensioners.

deleted text begin (d) deleted text end A relief association may not use the method provided
for in deleted text begin paragraph (c), deleted text end clause (3), until it has modified its
bylaws to be consistent with that clause.

new text begin (d) Interest under paragraph (c), clause (2) or (3), is
payable from the first day of the month next following the date
on which the municipality has approved the deferred service
pension interest rate established by the board of trustees or
from the first day of the month next following the date on which
the member separated from active fire department service and
relief association membership, whichever is later, to the last
day of the month immediately before the month in which the
deferred member becomes eligible to begin receipt of the service
pension and applies for the deferred service pension.
new text end

(e) new text begin A relief association that provides a defined
contribution service pension may, if its governing bylaws so
provide, credit interest or additional investment performance on
the deferred lump sum service pension during the period of
deferral. If provided for in the bylaws, the interest must be
paid in one of the manners specified in paragraph (c) or
alternatively the relief association may credit any investment
return on the assets of the special fund of the defined
contribution volunteer firefighter relief association in
proportion to the share of the assets of the special fund to the
credit of each individual deferred member account through the
date on which the investment return is recognized by and
credited to the special fund.
new text end

new text begin (f) new text end For a deferred service pension that is transferred to a
separate account established and maintained by the relief
association or separate investment vehicle held by the relief
association, the deferred member bears the full investment risk
subsequent to transfer and in calculating the accrued liability
of the volunteer firefighters relief association that pays a
lump sum service pension, the accrued liability for deferred
service pensions is equal to the separate relief association
account balance or the fair market value of the separate
investment vehicle held by the relief association.

deleted text begin (f) deleted text end new text begin (g) new text end The deferred service pension is governed by and
must be calculated under the general statute, special law,
relief association articles of incorporation, and relief
association bylaw provisions applicable on the date on which the
member separated from active service with the fire department
and active membership in the relief association.

Sec. 13.

new text begin [424A.021] CREDIT FOR BREAK IN SERVICE TO
PROVIDE UNIFORMED SERVICE.
new text end

new text begin Subdivision 1. new text end

new text begin Authorization. new text end

new text begin Subject to restrictions
stated in this section, a volunteer firefighter who is absent
from firefighting service due to service in the uniformed
services, as defined in United States Code, title 38, section
4303(13), may obtain service credit if the relief association is
a defined benefit plan or an allocation of any fire state aid,
any municipal contributions, and any investment return received
by the relief association if the relief association is a defined
benefit contribution plan for the period of the uniformed
service, not to exceed five years, unless a longer period is
required under United States Code, title 38, section 4312.
new text end

new text begin Subd. 2. new text end

new text begin Limitations. new text end

new text begin (a) To be eligible for service
credit or financial allocation under this section, the volunteer
firefighter must return to firefighting service with coverage by
the same relief association or by the successor to that relief
association upon discharge from service in the uniformed service
within the time frame required in United States Code, title 38,
section 4312(e).
new text end

new text begin (b) Service credit or financial allocation is not
authorized if the firefighter separates from uniformed service
with a dishonorable or bad conduct discharge or under other than
honorable conditions.
new text end

new text begin (c) Service credit or financial allocation is not
authorized if the firefighter fails to provide notice to the
fire department that the individual is leaving to provide
service in the uniformed service, unless it is not feasible to
provide that notice due to the emergency nature of the situation.
new text end

Sec. 14.

Minnesota Statutes 2004, section 424A.04,
subdivision 1, is amended to read:

Subdivision 1.

Membership.

(a) deleted text begin Every deleted text end new text begin A new text end relief
association new text begin that is new text end directly associated with a municipal fire
department deleted text begin shall deleted text end new text begin must new text end be managed by a board of trustees
consisting of nine members. Six trustees deleted text begin shall deleted text end new text begin must new text end be elected
from the membership of the relief association and three trustees
deleted text begin shall deleted text end new text begin must new text end be drawn from the officials of the municipalities
served by the fire department to which the relief association is
directly associated. The bylaws of a relief association new text begin which
provides a monthly benefit service pension new text end may provide that one
of the six trustees elected from the relief
association new text begin membership new text end may be a retired member receiving a
monthly pension who is elected by the membership of the relief
association. The three deleted text begin ex officio deleted text end new text begin municipal new text end trustees deleted text begin shall be
the mayor, the clerk, clerk-treasurer or finance director, deleted text end new text begin must
be one elected municipal official and one elected or appointed
municipal official who are designated as municipal
representatives by the municipal governing board annually new text end and
the chief of the municipal fire department.

(b) deleted text begin Every deleted text end new text begin A new text end relief association that is a subsidiary of an
independent nonprofit firefighting corporation deleted text begin shall deleted text end new text begin must new text end be
managed by a board of trustees consisting of deleted text begin ten deleted text end new text begin nine new text end members.
Six trustees deleted text begin shall deleted text end new text begin must new text end be elected from the membership of the
relief association, deleted text begin three deleted text end new text begin two new text end trustees deleted text begin shall deleted text end new text begin must new text end be drawn from
the officials of the municipalities served by the fire
department to which the relief association is directly
associated, and one trustee shall be the fire chief new text begin serving with
the independent nonprofit firefighting corporation new text end . The bylaws
of a relief association may provide that one of the six trustees
elected from the relief association new text begin membership new text end may be a retired
member receiving a monthly pension who is elected by the
membership of the relief association. The deleted text begin three ex officio deleted text end new text begin two
municipal new text end trustees deleted text begin who are the elected officials shall deleted text end new text begin must
new text end be new text begin elected or appointed municipal officials, new text end selected as follows:

(1) if only one municipality contracts with the independent
nonprofit firefighting corporation, the deleted text begin ex officio deleted text end new text begin municipal
new text end trustees deleted text begin shall deleted text end new text begin must new text end be deleted text begin three elected deleted text end new text begin two new text end officials of the
contracting municipality who are designated new text begin annually new text end by the
governing body of the municipality;

deleted text begin (2) if two municipalities contract with the independent
nonprofit firefighting corporation, the ex officio trustees
shall be two elected officials of the largest municipality in
population and one elected official of the next largest
municipality in population who are designated by the governing
bodies of the applicable municipalities; deleted text end or

deleted text begin (3) deleted text end new text begin (2) new text end if deleted text begin three deleted text end new text begin two new text end or more municipalities contract with
the independent nonprofit corporation, the deleted text begin ex officio deleted text end new text begin municipal
new text end trustees deleted text begin shall deleted text end new text begin must new text end be one deleted text begin elected deleted text end official deleted text begin of deleted text end new text begin from new text end each of
the deleted text begin three deleted text end new text begin two new text end largest municipalities in population who are
designated new text begin annually new text end by the governing bodies of the applicable
municipalities.

(c) new text begin The municipal trustees for a relief association that is
directly associated with a fire department operated as or by a
joint powers entity must be designated annually by the joint
powers board. The municipal trustees for a relief association
that is directly associated with a fire department service area
township must be designated by the township board.
new text end

new text begin (d) new text end If a relief association lacks the deleted text begin ex officio deleted text end new text begin municipal
new text end board members provided for in paragraph (a) new text begin , (b), new text end or deleted text begin (b) deleted text end new text begin (c)
new text end because the fire department is not located in or associated with
an organized municipality, new text begin joint powers entity, or township, new text end the
deleted text begin ex officio deleted text end new text begin municipal new text end board members must be appointed from the
fire department service area by the board of commissioners of
the applicable county.

new text begin (e) new text end The term of these appointed deleted text begin ex officio deleted text end new text begin municipal new text end board
members is deleted text begin three years deleted text end new text begin one year new text end or until the person's successor
is qualified, whichever is later.

deleted text begin (d) An ex officio deleted text end new text begin (f) A municipal new text end trustee under paragraph
(a), (b), deleted text begin or deleted text end (c) deleted text begin shall have deleted text end new text begin , or (d) has new text end all the rights and
duties accorded to any other trustee new text begin , new text end except the right to be an
officer of the new text begin relief association new text end board of trustees.

deleted text begin (e) deleted text end new text begin (g) new text end A board deleted text begin shall deleted text end new text begin must new text end have at least three officers,
deleted text begin which shall be deleted text end new text begin who are new text end a president, a secretary and a treasurer.
These officers deleted text begin shall deleted text end new text begin must new text end be elected from among the elected
trustees by either the full board of trustees or by the
membership, as specified in the bylaws deleted text begin , and deleted text end new text begin . new text end In no event deleted text begin shall
deleted text end new text begin may new text end any trustee hold more than one officer position at any one
time. The terms of the elected trustees and of the officers of
the board deleted text begin shall deleted text end new text begin must new text end be specified in the bylaws of the relief
association, but deleted text begin shall deleted text end new text begin may new text end not exceed three years. If the term
of the elected trustees exceeds one year, the election of the
various trustees elected from the membership deleted text begin shall initially and
shall thereafter continue to deleted text end new text begin must new text end be staggered on as equal a
basis as is practicable.

Sec. 15.

Minnesota Statutes 2004, section 424B.10,
subdivision 1, is amended to read:

Subdivision 1.

Benefits.

(a) Notwithstanding new text begin any
provision of new text end section 424A.02, subdivision 3, to the contrary,
the service pension of the subsequent relief association as of
the effective date of consolidation is new text begin either the service
pension amount specified in clause (1) or the service pension
amounts specified in clause (2), as provided for in the
consolidated relief association's articles of incorporation or
bylaws:
new text end

new text begin (1) new text end the highest dollar amount service pension amount of any
prior volunteer firefighters relief association in effect
immediately before the consolidation initiation if the pension
amount was implemented consistent with section 424A.02 new text begin ; or
new text end

new text begin (2) for service rendered by each individual volunteer
firefighter under the consolidating volunteer firefighters
relief association that the firefighter belonged to immediately
before the consolidation if the pension amount was implemented
consistent with section 424A.02 and for service rendered after
the effective date of the consolidation, the highest dollar
amount service pension of any of the consolidating volunteer
firefighters relief associations in effect immediately before
the consolidation if the pension amount was implemented
consistent with section 424A.02 new text end .

(b) Any increase in the service pension amount beyond the
amount implemented under paragraph (a) must conform with the
requirements and limitations of sections 69.771 to 69.775 and
424A.02.

Sec. 16. new text begin STUDY OF STATEWIDE LUMP-SUM VOLUNTEER
FIREFIGHTER RETIREMENT PLAN; CREATION OF TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Task force membership. new text end

new text begin (a) A statewide
Volunteer Firefighter Retirement Plan Study Task Force is
created.
new text end

new text begin (b) The task force members are:
new text end

new text begin (1) four members appointed by the president of the
Minnesota Area Relief Association coalition;
new text end

new text begin (2) four members appointed by the president of the
Minnesota State Fire Department Association;
new text end

new text begin (3) four members appointed by the president of the
Minnesota State Fire Chiefs Association;
new text end

new text begin (4) four members appointed by the board of directors of the
League of Minnesota Cities;
new text end

new text begin (5) two members appointed by the board of directors of the
Insurance Federation of Minnesota;
new text end

new text begin (6) two members appointed by the board of directors of the
Minnesota Association of Farm Mutual Insurance Companies; and
new text end

new text begin (7) the Minnesota state auditor or the auditor's designee.
new text end

new text begin (c) Appointments must be made on or before July 1, 2005.
If the appointment is not made in a timely manner, or if there
is a vacancy, the state auditor shall appoint the task force
member or the replacement member.
new text end

new text begin (d) The chair of the task force shall be selected by the
task force.
new text end

new text begin (e) Administrative services for the task force must be
provided by the Department of Public Safety.
new text end

new text begin Subd. 2. new text end

new text begin Task force duties. new text end

new text begin (a) The task force shall
conduct fact finding regarding the creation of a statewide
volunteer firefighter retirement plan.
new text end

new text begin (b) The task force shall recommend whether a statewide
volunteer firefighter retirement plan should be created. If the
task force concludes a statewide volunteer fire plan has merit,
the task force shall recommend the investment vehicle or
vehicles to be utilized by the plan, the administration and
corporate governance structure of the plan, the incentives
needed to formulate the plan, the limitations applicable to the
plan, and the state resources needed to be dedicated to the
plan. The task force may also consider creation of regional
plans.
new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin The task force shall prepare a report
detailing its findings about a potential statewide or regional
volunteer firefighter retirement plan or plans. The report is
due January 15, 2006, and must be filed with the Legislative
Reference Library; 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 State Government Budget Division of the senate Finance
Committee; the chair of the Governmental Operations and Veterans
Affairs Committee of the house of representatives; and the chair
of the State Government Finance Committee of the house of
representatives.
new text end

Sec. 17. new text begin APPROPRIATION.
new text end

new text begin $40,000 is appropriated from the general fund in fiscal
year 2006 to the commissioner of public safety to hire a
consultant to assist the statewide Volunteer Firefighter
Retirement Plan Study Task Force.
new text end

Sec. 18. new text begin EFFECTIVE DATE.
new text end

new text begin (a) Sections 1 to 12, 14, 15, and 17 are effective July 1,
2005.
new text end

new text begin (b) Section 13 is effective July 1, 2005, and applies to
breaks in service that end on or after that date.
new text end

new text begin (c) Section 16 is effective the day following final
enactment.
new text end

ARTICLE 12

VARIOUS CORRECTIONS
AND CLARIFICATIONS

Section 1.

Minnesota Statutes 2004, section 3A.13, is
amended to read:

3A.13 EXEMPTION FROM PROCESS AND TAXATION; HEALTH PREMIUM
DEDUCTION.

new text begin (a) new text end The provisions of section deleted text begin 352.15 shall deleted text end new text begin 356.401 new text end apply to
the legislators retirement plan deleted text begin , chapter 3A deleted text end .

new text begin (b) new text end The executive director of the Minnesota State
Retirement System must, at the request of a retired legislator
who is enrolled in a health insurance plan covering state
employees, deduct the person's health insurance premiums from
the person's annuity and transfer the amount of the premium to a
health insurance carrier covering state employees.

Sec. 2.

Minnesota Statutes 2004, section 69.011,
subdivision 2b, is amended to read:

Subd. 2b.

Departments of natural resources and public
safety.

(a) deleted text begin On or before July 1, 1997, the commissioner of
natural resources shall certify one-half of the number of peace
officers as defined in subdivision 1, clause (g), employed by
the Enforcement Division during calendar year 1996 and the
commissioner of public safety shall certify one-half of the
number of peace officers as defined in subdivision 1, clause
(g), employed by the Bureau of Criminal Apprehension, the
Gambling Enforcement Division, and the State Patrol Division
during calendar year 1996.
deleted text end

deleted text begin (b) On or before March 15, 1998, the commissioner of
natural resources shall certify seven-tenths of the number of
peace officers as defined in subdivision 1, clause (g), employed
by the Enforcement Division and the commissioner of public
safety shall certify seven-tenths of the number of peace
officers as defined in subdivision 1, clause (g), employed by
the Bureau of Criminal Apprehension, the Gambling Enforcement
Division, and the State Patrol Division.
deleted text end

deleted text begin (c) deleted text end On or before deleted text begin March 15, 1999, and annually on or before
deleted text end new text begin each new text end March 15 deleted text begin thereafter deleted text end , the commissioner of natural resources
shall certify the number of peace officers as defined in
subdivision 1, clause (g), employed by the Enforcement Division
and the commissioner of public safety shall certify the number
of peace officers as defined in subdivision 1, clause (g),
employed by the Bureau of Criminal Apprehension, the Gambling
Enforcement Division, and the State Patrol Division.

deleted text begin (d) deleted text end new text begin (b) new text end The certification must be on a form prescribed by
the commissioner. Peace officers certified under this paragraph
must be included in the total certifications under subdivision 2.

Sec. 3.

Minnesota Statutes 2004, section 69.021,
subdivision 5, is amended to read:

Subd. 5.

Calculation of state aid.

(a) The amount of
fire state aid available for apportionment, before the addition
of the minimum fire state aid allocation amount under
subdivision 7, is equal to 107 percent of the amount of premium
taxes paid to the state upon the fire, lightning, sprinkler
leakage, and extended coverage premiums reported to the
commissioner by insurers on the Minnesota Firetown Premium
Report. This amount deleted text begin shall deleted text end new text begin must new text end be reduced by the amount
required to pay the state auditor's costs and expenses of the
audits or exams of the firefighters relief associations.

The total amount for apportionment in respect to fire state
aid must not be less than two percent of the premiums reported
to the commissioner by insurers on the Minnesota Firetown
Premium Report after subtracting the following amounts:

(1) the amount required to pay the state auditor's costs
and expenses of the audits or exams of the firefighters relief
associations; and

(2) one percent of the premiums reported by town and
farmers' mutual insurance companies and mutual property and
casualty companies with total assets of $5,000,000 or less.

(b) The total amount for apportionment as police state aid
is equal to 104 percent of the amount of premium taxes paid to
the state on the premiums reported to the commissioner by
insurers on the Minnesota Aid to Police Premium Report, reduced
by the amount required to pay the costs and expenses of the
state auditor for audits or exams of police relief
associations. The total amount for apportionment in respect to
the police state aid program must not be less than two percent
of the amount of premiums reported to the commissioner by
insurers on the Minnesota Aid to Police Premium Report after
subtracting the amount required to pay the state auditor's cost
and expenses of the audits or exams of the police relief
associations.

(c) The commissioner shall calculate the percentage of
increase or decrease reflected in the apportionment over or
under the previous year's available state aid using the same
premiums as a basis for comparison.

(d) deleted text begin The amount for apportionment in respect to peace
officer state aid under paragraph (b) must be further reduced by
$1,779,000 in fiscal year 1999, $2,077,000 in fiscal year 2000,
and $2,404,000 in fiscal year 2001. These reductions in this
paragraph cancel to the general fund.
deleted text end

deleted text begin (e) deleted text end In addition to the amount for apportionment of police
state aid under paragraph (b), each year $100,000 deleted text begin shall deleted text end new text begin must new text end be
apportioned for police state aid. An amount sufficient to pay
this increase is annually appropriated from the general fund.

Sec. 4.

Minnesota Statutes 2004, section 69.021,
subdivision 11, is amended to read:

Subd. 11.

Excess police state-aid holding account.

(a)
The excess police state-aid holding account is established in
the general fund. The excess police state-aid holding account
must be administered by the commissioner.

(b) Excess police state aid determined according to
subdivision 10, must be deposited in the excess police state-aid
holding account.

(c) From the balance in the excess police state-aid holding
account, $900,000 is appropriated to and must be transferred
annually to the ambulance service personnel longevity award and
incentive suspense account established by section 144E.42,
subdivision 2.

(d) If a police officer stress reduction program is created
by law and money is appropriated for that program, an amount
equal to that appropriation must be transferred new text begin to the
administrator of that program new text end from the balance in the excess
police state-aid holding account.

(e) On October 1 deleted text begin , 1997, and annually on each subsequent
October 1 deleted text end new text begin of each year new text end , one-half of the balance of the excess
police state-aid holding account remaining after the deductions
under paragraphs (c) and (d) is appropriated for additional
amortization aid under section 423A.02, subdivision 1b.

(f) Annually, the remaining balance in the excess police
state-aid holding account, after the deductions under paragraphs
(c), (d), and (e), cancels to the general fund.

Sec. 5.

Minnesota Statutes 2004, section 69.33, is amended
to read:

69.33 NAMES OF ASSOCIATIONS REPORTED TO INSURANCE
COMPANIES.

The commissioner shall enclose in the annual statement
blank new text begin that is new text end sent to all fire insurance companies doing
business in this state a blank form containing the names of deleted text begin all
firefighters' relief associations in deleted text end all cities of the first
class deleted text begin and the names of the cities deleted text end and require these companies,
at the time of making their annual statements to the
commissioner, to state on these blanks the amount of premiums
received by them upon properties insured within the corporate
limits of the cities named thereon during the year ending
December 31st last past. Thereafter, before July first each
year, the commissioner shall certify to the commissioner of
finance the information thus obtained, together with the amount
of the tax for the benefit of the deleted text begin relief association deleted text end new text begin pension
plans covering firefighters in cities of the first class new text end paid in
such year by these companies upon these insurance premiums.

Sec. 6.

Minnesota Statutes 2004, section 69.773,
subdivision 4, is amended to read:

Subd. 4.

Financial requirements of special fund.

deleted text begin Prior
to deleted text end new text begin Before new text end August 1 of each year, the officers of the relief
association shall determine the financial requirements of the
special fund of the relief association in accordance with the
requirements of this subdivision. The financial requirements of
the relief association deleted text begin shall deleted text end new text begin must new text end be based on the most recent
actuarial valuation of the special fund prepared in accordance
with subdivision 2. If the relief association has an unfunded
actuarial accrued liability as reported in the most recent
actuarial valuation, the financial requirements deleted text begin shall deleted text end new text begin must new text end be
determined by adding the figures calculated deleted text begin pursuant to deleted text end new text begin under
new text end clauses (a), (b), and (c). If the relief association does not
have an unfunded actuarial accrued liability as reported in the
most recent actuarial valuation, the financial requirements
deleted text begin shall deleted text end new text begin must new text end be an amount equal to the figure calculated deleted text begin pursuant
to deleted text end new text begin under new text end clauses (a) and (b), reduced by an amount equal to
one-tenth of the amount of any assets in excess of the actuarial
accrued liability of the relief association. The determination
of whether or not the relief association has an unfunded
actuarial accrued liability deleted text begin shall deleted text end new text begin must new text end be based on the current
market value of assets for which a market value is readily
ascertainable and the cost or book value, whichever is
applicable, for assets for which no market value is readily
ascertainable.

(a) The normal level cost requirement for the following
year, expressed as a dollar amount, deleted text begin shall be deleted text end new text begin is new text end the figure for
the normal level cost of the relief association as reported in
the actuarial valuation.

(b) The amount of anticipated future administrative
expenses of the special fund deleted text begin shall deleted text end new text begin must new text end be calculated by
multiplying the dollar amount of the administrative expenses of
the special fund for the most recent year by the factor of 1.035.

(c) The amortization contribution requirement to retire the
current unfunded actuarial accrued liability by the established
date for full funding deleted text begin shall be deleted text end new text begin is new text end the figure for the
amortization contribution as reported in the actuarial
valuation. deleted text begin If there has not been a change in the actuarial
assumptions used for calculating the actuarial accrued liability
of the special fund, a change in the bylaws of the relief
association governing the service pensions, retirement benefits,
or both payable from the special fund or a change in the
actuarial cost method used to value all or a portion of the
special fund which change or changes, which by themselves
without inclusion of any other items of increase or decrease,
produce a net increase in the unfunded actuarial accrued
liability of the special fund since December 31, 1970, the
established date for full funding shall be December 31, 1990.
deleted text end If there has been a change in the actuarial assumptions used for
calculating the actuarial accrued liability of the special fund,
a change in the bylaws of the relief association governing the
service pensions, retirement benefits, or both payable from the
special fund or a change in the actuarial cost method used to
value all or a portion of the special fund and the change or
changes, by themselves and without inclusion of any other items
of increase or decrease, produce a net increase in the unfunded
actuarial accrued liability of the special fund deleted text begin since December
31, 1970, but prior to January 1, 1979, the established date for
full funding shall be December 31, 1998, and if there has been a
change since December 31, 1978 deleted text end , the established date for full
funding deleted text begin shall deleted text end new text begin must new text end be determined using the following procedure:

(i) the unfunded actuarial accrued liability of the special
fund deleted text begin shall deleted text end new text begin must new text end be determined in accordance with the provisions
governing service pensions, retirement benefits, and actuarial
assumptions in effect before an applicable change;

(ii) the level annual dollar contribution needed to
amortize this unfunded actuarial accrued liability amount by the
date for full funding in effect deleted text begin prior to deleted text end new text begin before new text end the change deleted text begin shall
deleted text end new text begin must new text end be calculated using the interest assumption specified in
section 356.215, subdivision 8, in effect before any applicable
change;

(iii) the unfunded actuarial accrued liability of the
special fund deleted text begin shall deleted text end new text begin must new text end be determined in accordance with any new
provisions governing service pensions, retirement benefits, and
actuarial assumptions and the remaining provisions governing
service pensions, retirement benefits, and actuarial assumptions
in effect before an applicable change;

(iv) the level annual dollar contribution needed to
amortize the difference between the unfunded actuarial accrued
liability amount calculated deleted text begin pursuant to deleted text end new text begin under new text end subclause (i) and
the unfunded actuarial accrued liability amount
calculated deleted text begin pursuant to deleted text end new text begin under new text end subclause (iii) over a period of 20
years starting December 31 of the year in which the change is
effective deleted text begin shall deleted text end new text begin must new text end be calculated using the interest assumption
specified in section 356.215, subdivision 8, in effect after any
applicable change;

(v) the annual amortization contribution calculated
deleted text begin pursuant to deleted text end new text begin under new text end subclause (iv) deleted text begin shall deleted text end new text begin must new text end be added to the
annual amortization contribution calculated deleted text begin pursuant to deleted text end new text begin under
new text end subclause (ii);

(vi) the period in which the unfunded actuarial accrued
liability amount determined in subclause (iii) will be amortized
by the total annual amortization contribution computed deleted text begin pursuant
to deleted text end new text begin under new text end subclause (v) deleted text begin shall deleted text end new text begin must new text end be calculated using the
interest assumption specified in section 356.215, subdivision 8,
in effect after any applicable change, rounded to the nearest
integral number of years, but which deleted text begin shall deleted text end new text begin does new text end not exceed a
period of 20 years from the end of the year in which the
determination of the date for full funding using this procedure
is made and which deleted text begin shall deleted text end new text begin is new text end not deleted text begin be deleted text end less than the period of years
beginning in the year in which the determination of the date for
full funding using this procedure is made and ending by the date
for full funding in effect before the change;

(vii) the period determined deleted text begin pursuant to deleted text end new text begin under new text end subclause (vi)
deleted text begin shall deleted text end new text begin must new text end be added to the date as of which the actuarial
valuation was prepared and the resulting date deleted text begin shall be deleted text end new text begin is new text end the
new date for full funding.

Sec. 7.

Minnesota Statutes 2004, section 352.01,
subdivision 4, is amended to read:

Subd. 4.

Accumulated contributions.

"Accumulated
contributions" means the total, exclusive of interest, of (1)
the sums deducted from the salary of an employee, (2) the amount
of payments, including assessments, paid by the employee in lieu
of salary deductions and all other payments made under deleted text begin Laws
1929, chapter 191, as amended, deleted text end new text begin this chapter new text end and credited to the
employee's individual account in the retirement fund.

Sec. 8.

Minnesota Statutes 2004, section 352.01,
subdivision 5, is amended to read:

Subd. 5.

Retirement fund.

new text begin (a) "Retirement fund" means
the general state employees retirement fund created by section
352.04, subdivision 1, with respect to the general state
employees retirement plan or the correctional state employees
retirement fund created by section 352.911, subdivision 1, with
respect to the correctional state employees retirement plan.
new text end

new text begin (b) new text end deleted text begin " deleted text end The retirement fund deleted text begin " deleted text end includes the aggregate of
accumulated contributions of employees new text begin covered by the applicable
plan new text end , and all other funds paid into the state treasury or
received by the director under deleted text begin Laws 1929, chapter 191, as
amended deleted text end new text begin this chapter new text end , together with all income and profits from
the money and interest on it, including contributions on the
part of the federal government, the state, and state departments.

Sec. 9.

Minnesota Statutes 2004, section 352.01,
subdivision 21, is amended to read:

Subd. 21.

Accrued annuities.

new text begin (a) new text end In this chapter and
chapters 3A, 352B, 352C, and 490, "accrued annuity" means an
annuity that had become payable to a retired employee in the
lifetime of the employee.

new text begin (b) new text end An annuity or benefit authorized as provided in this
chapter and chapters 3A, 352B, 352C, and 490 becomes payable on
the first day of each calendar month for that calendar month and
deleted text begin is to deleted text end new text begin must new text end be paid on the first day of each calendar month
deleted text begin beginning with benefits payable on and after December 1, 1977 deleted text end .

new text begin (c) new text end Notwithstanding any provision to the contrary in this
chapter and chapters 3A, 352B, 352C, and 490, benefit payment
authorized as "payable for life" is payable for the entire month
in which death occurs, and the benefit payment for the month of
death is payable to the surviving spouse or other beneficiary
only if the annuitant dies before negotiating the new text begin benefit new text end check.

Sec. 10.

Minnesota Statutes 2004, section 352.01,
subdivision 23, is amended to read:

Subd. 23.

Coverage or covered by the system.

"Coverage"
or "covered by the system" means that new text begin a new text end state deleted text begin employees deleted text end new text begin employee
new text end who deleted text begin serve deleted text end new text begin serves new text end the state of Minnesota and deleted text begin make deleted text end new text begin makes new text end the
required employee contributions to the retirement fund deleted text begin will deleted text end new text begin is,
new text end by reason of these contributions deleted text begin become deleted text end new text begin , new text end entitled to either (1)
a retirement annuity, or (2) a disability benefit, or (3) a
refund of accumulated contributions, as provided in this chapter.

Sec. 11.

Minnesota Statutes 2004, section 352.021,
subdivision 1, is amended to read:

Subdivision 1.

Establishment.

new text begin (a) new text end There is established
the new text begin general state employees retirement plan of the new text end Minnesota
State Retirement System for state employees.

new text begin (b) new text end The deleted text begin system deleted text end new text begin general state employees retirement plan new text end is a
continuation of the State Employees Retirement Association.

new text begin (c) new text end Any person who was a member of the State Employees
Retirement Association on June 30, 1967, is covered by
the deleted text begin system deleted text end new text begin general state employees retirement plan new text end and is
entitled to all benefits provided by the deleted text begin system deleted text end new text begin plan new text end upon
fulfilling the age, service, contribution, and other
requirements of this chapter.

Sec. 12.

Minnesota Statutes 2004, section 352.021,
subdivision 2, is amended to read:

Subd. 2.

State employees covered.

Every person who deleted text begin is a
state employee, as defined in section 352.01, on July 1, 1967,
or deleted text end becomes a state employee deleted text begin after that date deleted text end new text begin as defined in
section 352.01 new text end is covered by the deleted text begin system deleted text end new text begin general state employees
retirement plan new text end . Acceptance of state employment or continuance
in state service is deemed new text begin to be new text end consent to have deductions made
from salary for deposit to the credit of the account of the
state employee in the retirement fund.

Sec. 13.

Minnesota Statutes 2004, section 352.021,
subdivision 3, is amended to read:

Subd. 3.

Optional exemptions.

Any person who is
appointed by the governor or lieutenant governor may request
exemption from coverage new text begin by the general state employees
retirement plan new text end under this chapter if the appointee is not deleted text begin so
deleted text end covered deleted text begin at deleted text end new text begin by the plan on new text end the date of appointment. To qualify
for this exemption new text begin , a written new text end request must be made within 90
days from the date of entering upon the duties of the position
to which new text begin the person is new text end appointed. After new text begin making new text end the request, a
person requesting new text begin the new text end exemption is not entitled to coverage new text begin by
the general state employees retirement plan new text end while employed in
the position that entitled that person to new text begin an new text end exemption from
coverage.

Sec. 14.

Minnesota Statutes 2004, section 352.021,
subdivision 4, is amended to read:

Subd. 4.

Reentering service after refund.

When a former
employee who has withdrawn accumulated contributions reenters
employment in a position entitled to coverage under the
deleted text begin system deleted text end new text begin general state employees retirement plan new text end , the employee
deleted text begin shall deleted text end new text begin must new text end be covered by the deleted text begin system deleted text end new text begin plan new text end on the same basis as a
new employee and is not entitled to credit for any former
service. The annuity rights forfeited when taking a refund can
only be restored as provided in this chapter.

Sec. 15.

Minnesota Statutes 2004, section 352.04,
subdivision 1, is amended to read:

Subdivision 1.

Fund created.

(a) There is created a
special fund to be known as the new text begin general new text end state employees
retirement fund. In that fund deleted text begin there shall be deposited
employees deleted text end new text begin , employee new text end contributions, deleted text begin employers deleted text end new text begin employer
new text end contributions, and other amounts authorized by law new text begin must be
deposited new text end .

(b) deleted text begin Effective July 1, 1969, deleted text end new text begin The general state employees
retirement plan of new text end the Minnesota State Retirement System deleted text begin shall
deleted text end new text begin must new text end participate in the Minnesota postretirement investment fund.
deleted text begin In that fund there shall be deposited deleted text end The amounts provided in
section 352.119 new text begin must be deposited in the Minnesota
postretirement investment fund new text end .

Sec. 16.

Minnesota Statutes 2004, section 352.04,
subdivision 12, is amended to read:

Subd. 12.

Fund disbursement restricted.

The new text begin general
new text end state employees retirement fund and the participation in the
Minnesota postretirement investment fund must be disbursed only
for the purposes provided by law. The expenses of the system
and any benefits provided by law, other than benefits payable
from the Minnesota postretirement investment fund, must be paid
from the new text begin general new text end state employees retirement fund. The
retirement allowances, retirement annuities, and disability
benefits, as well as refunds of any sum remaining to the credit
of a deceased retired employee or a disabled employee must be
paid only from the new text begin general new text end state employees retirement fund after
the needs have been certified and the amounts withdrawn from the
participation in the Minnesota postretirement investment fund
under section 11A.18. The amounts necessary to make the
payments from the new text begin general new text end state employees retirement fund and
the participation in the Minnesota postretirement investment
fund are annually appropriated from these funds for those
purposes.

Sec. 17.

Minnesota Statutes 2004, section 352.041,
subdivision 1, is amended to read:

Subdivision 1.

Allowable service credit.

deleted text begin Any deleted text end new text begin (a) An
new text end employee covered by the deleted text begin system deleted text end new text begin general state employees
retirement plan new text end who is given a leave of absence for employment
by a political subdivision of the state deleted text begin shall deleted text end new text begin remains a member
of the plan and must new text end continue to pay new text begin member contributions new text end into
the new text begin general new text end state employees retirement fund for the period of
leave.

new text begin (b) new text end Upon payment new text begin of member contributions, new text end the employee must
be given allowable service credit as a state employee on the
records of the deleted text begin system deleted text end new text begin retirement plan new text end as though the employee had
received salary from the state during the leave. Payments into
the retirement fund deleted text begin shall deleted text end new text begin must new text end be at the rate required in
section 352.04, subdivision 2, and must be based upon the salary
received from the political subdivision deleted text begin subject to the maximum
amount, if any deleted text end .

Sec. 18.

Minnesota Statutes 2004, section 352.041,
subdivision 2, is amended to read:

Subd. 2.

Employee contributions, procedure.

The officer
or employee new text begin who is new text end authorized by law to pay salaries to
employees of the political subdivision new text begin which is new text end employing a
state employee deleted text begin shall have deleted text end new text begin must deduct new text end employee contributions
deleted text begin deducted deleted text end new text begin for the general state employees retirement plan under
section 352.04, subdivision 2, new text end from the salary of each employee
who is on leave of absence from state service on each payroll
abstract and deleted text begin shall deleted text end new text begin must new text end pay the sum to the director new text begin following
the conclusion of new text end each pay period.

Sec. 19.

Minnesota Statutes 2004, section 352.041,
subdivision 3, is amended to read:

Subd. 3.

Employer contributions, procedure.

The officer
or employee new text begin who is new text end authorized by law to pay salaries to
employees of the political subdivision new text begin which is new text end employing a
state employee covered by the deleted text begin system shall deleted text end new text begin general state
employees retirement plan new text end also new text begin must new text end have employer contributions
made to the new text begin general new text end state employees retirement fund deleted text begin on deleted text end new text begin following
the conclusion of new text end each payroll abstract in the amount required
by section 352.04, subdivision 3. These contributions deleted text begin are to
deleted text end new text begin must new text end be charged new text begin to the political subdivision new text end as an
administrative cost.

Sec. 20.

Minnesota Statutes 2004, section 352.041,
subdivision 5, is amended to read:

Subd. 5.

Employer contributions, leaves of absence; tax
levies.

new text begin (a) new text end Every political subdivision new text begin which is new text end employing a
state employee covered by the system on leave of absence from
state service for employment by a political subdivision of the
state deleted text begin shall deleted text end new text begin must new text end pay into the new text begin general new text end state employees retirement
fund the amount of the employer contribution required by law for
state employees covered by the system new text begin under section 352.04,
subdivision 3 new text end .

new text begin (b) new text end Employing political subdivisions deleted text begin , except deleted text end new text begin other than
new text end school districts deleted text begin , deleted text end may levy taxes necessary for the payment of
employer contributions without limitation as to rate or amount.
The levy of the taxes does not reduce the amount of other
taxes deleted text begin to deleted text end new text begin that may new text end be levied by political subdivisions deleted text begin ,
except deleted text end new text begin other than new text end school districts deleted text begin , deleted text end which are subject to any
limitation.

Sec. 21.

Minnesota Statutes 2004, section 352.15,
subdivision 1, is amended to read:

Subdivision 1.

Exemption deleted text begin ; exceptions deleted text end .

deleted text begin None of the money,
annuities, or other benefits mentioned in this chapter is
assignable either in law or in equity or subject to execution,
levy, attachment, garnishment, or other legal process, except as
provided in subdivision 1a or section 518.58, 518.581, or
518.6111. deleted text end new text begin The provisions of section 356.401 apply to the general
state employees retirement plan and to the correctional state
employees retirement plan.
new text end

Sec. 22.

Minnesota Statutes 2004, section 352.15,
subdivision 3, is amended to read:

Subd. 3.

Deducting health or dental insurance premiums.

The board may deleted text begin direct deleted text end new text begin authorize new text end , at its discretion, the deduction
of a retiree's health or dental insurance premiums and transfer
of the amounts to a health or dental insurance carrier covering
state employees. The insurance carrier must certify that the
retired employee has signed an authorization for the deduction
and provide a computer readable roster of covered retirees and
amounts. The health or dental insurance carrier must refund
deductions withheld from a retiree's check in error directly to
the retiree. The board shall require new text begin that new text end the insurance carrier
deleted text begin to deleted text end reimburse the fund for the administrative expense of
withholding the premium amounts. The insurance carrier shall
assume liability for any failure of the system to properly
withhold the premium amounts.

Sec. 23.

Minnesota Statutes 2004, section 352.15,
subdivision 4, is amended to read:

Subd. 4.

Direct transfer of refunds.

new text begin A new text end direct transfer
of deleted text begin account deleted text end refunds new text begin under this chapter new text end may be made to new text begin an
new text end individual retirement savings deleted text begin accounts deleted text end new text begin account new text end or new text begin a new text end qualified
retirement deleted text begin plans deleted text end new text begin plan of the person new text end upon new text begin the receipt of an
new text end application for transfer by a former employee, on forms
acceptable to the executive director.

Sec. 24.

Minnesota Statutes 2004, section 352.22,
subdivision 10, is amended to read:

Subd. 10.

Other refunds.

Former employees covered by the
system are entitled to apply for refunds if they are or become
members of the State Patrol retirement fund, the state Teachers
Retirement Association, or employees of the University of
Minnesota excluded from coverage under the system by action of
the Board of Regents; deleted text begin or labor service employees, excluded from
coverage under section 352.01, subdivision 2b, clause (25); deleted text end or
employees of the adjutant general who under federal law
effectually elect membership in a federal retirement system; or
officers or employees of the senate or house of representatives,
excluded from coverage under section 352.01, subdivision 2b,
clause deleted text begin (8) deleted text end new text begin (7) new text end . The refunds must include accumulated
contributions plus interest as provided in subdivision 2. These
employees may apply new text begin for a refund once new text end 30 days or more new text begin have
elapsed new text end after their coverage ceases, even if they continue in
state service but in positions not covered by this chapter.

Sec. 25.

Minnesota Statutes 2004, section 352B.01,
subdivision 1, is amended to read:

Subdivision 1.

Scope.

In this chapter, new text begin each of new text end the terms
defined in this section deleted text begin have deleted text end new text begin has new text end the deleted text begin meanings deleted text end new text begin meaning new text end given
deleted text begin them deleted text end new text begin to it new text end .

Sec. 26.

Minnesota Statutes 2004, section 352B.01,
subdivision 2, is amended to read:

Subd. 2.

Member.

"Member" means:

(1) a State Patrol member currently employed deleted text begin after June 30,
1943, deleted text end under section 299D.03 by the state, who is a peace officer
under section 626.84, and whose salary or compensation is paid
out of state funds;

(2) a conservation officer employed under section 97A.201,
currently employed by the state, whose salary or compensation is
paid out of state funds;

(3) a crime bureau officer who was employed by the crime
bureau and was a member of the Highway Patrolmen's retirement
fund on July 1, 1978, whether or not that person has the power
of arrest by warrant after that date, or who is employed as
police personnel, with powers of arrest by warrant under section
299C.04, and who is currently employed by the state, and whose
salary or compensation is paid out of state funds;

(4) a person who is employed by the state in the Department
of Public Safety in a data processing management position with
salary or compensation paid from state funds, who was a crime
bureau officer covered by the State Patrol retirement plan on
August 15, 1987, and who was initially hired in the data
processing management position within the department during
September 1987, or January 1988, with membership continuing for
the duration of the person's employment in that position,
whether or not the person has the power of arrest by warrant
after August 15, 1987;

(5) a public safety employee deleted text begin defined as deleted text end new text begin who is new text end a peace
officer deleted text begin in deleted text end new text begin under new text end section 626.84, subdivision 1, paragraph (c),
and new text begin who is new text end employed deleted text begin with deleted text end new text begin by new text end the Division of Alcohol and Gambling
Enforcement under section 299L.01; and

(6) a Fugitive Apprehension Unit officer after October 31,
2000, new text begin who is new text end employed by the Office of Special Investigations of
the Department of Corrections new text begin and new text end who is a peace officer under
section 626.84.

Sec. 27.

Minnesota Statutes 2004, section 352B.01,
subdivision 3, is amended to read:

Subd. 3.

Allowable service.

(a) "Allowable service"
means:

(1) for members defined in subdivision 2, clause deleted text begin (a) deleted text end new text begin (1) new text end ,
deleted text begin monthly deleted text end service deleted text begin is granted for deleted text end new text begin in new text end any month for which payments
have been made to the State Patrol retirement fund, and

(2) for members defined in subdivision 2, clauses deleted text begin (b) deleted text end new text begin (2)
new text end and deleted text begin (c) deleted text end new text begin (3) new text end , service for which payments have been made to the
State Patrol retirement fund, service for which payments were
made to the State Police officers retirement fund after June 30,
1961, and all prior service which was credited to a member for
service on or before June 30, 1961.

(b) Allowable service also includes any period of absence
from duty by a member who, by reason of injury incurred in the
performance of duty, is temporarily disabled and for which
disability the state is liable under the workers' compensation
law, until the date authorized by the executive director for
commencement of payment of a disability benefit or return to
employment.

(c) MS 2002 (Expired)

new text begin (d) Allowable service means service in a month during which
a member is paid a salary from which a member contribution is
deducted, deposited, and credited in the State Patrol retirement
plan.
new text end

Sec. 28.

Minnesota Statutes 2004, section 352B.02,
subdivision 1e, is amended to read:

Subd. 1e.

Audit; actuarial valuation.

The legislative
auditor shall audit the fund. Any actuarial valuation of the
fund required under section 356.215 must be prepared by the
actuary retained under section 356.214. Any approved actuary
retained by the executive director under section 352.03,
subdivision 6, may perform actuarial valuations and experience
studies to supplement those performed by the deleted text begin commission-retained
deleted text end actuary new text begin retained under section 356.214 new text end . Any supplemental
actuarial valuation or experience studies deleted text begin shall deleted text end new text begin must new text end be filed
with the executive director of the Legislative Commission on
Pensions and Retirement.

Sec. 29.

Minnesota Statutes 2004, section 352B.071, is
amended to read:

352B.071 EXEMPTION FROM PROCESS.

deleted text begin None of the money, annuities, or other benefits provided
for in this chapter is assignable either in law or in equity or
be subject to execution, levy, attachment, garnishment, or other
legal process, except as provided in section 518.58, 518.581, or
518.6111. deleted text end new text begin The provisions of section 356.401 apply to the State
Patrol retirement plan.
new text end

Sec. 30.

Minnesota Statutes 2004, section 352D.01, is
amended to read:

352D.01 ESTABLISHMENT.

There is hereby established within the Minnesota State
Retirement System a retirement program for certain public
employees to be known as the Minnesota unclassified employees
retirement program deleted text begin , which shall be deleted text end new text begin . The program must be
new text end administered by the Minnesota State Retirement System.

Sec. 31.

Minnesota Statutes 2004, section 352D.015,
subdivision 3, is amended to read:

Subd. 3.

Supplemental new text begin investment new text end fund.

"Supplemental
new text begin investment new text end fund" means the fund established and governed by
section 11A.17.

Sec. 32.

Minnesota Statutes 2004, section 352D.015,
subdivision 4, is amended to read:

Subd. 4.

General fund.

"General fund" means the new text begin general
new text end state employees retirement fund except the moneys for the
unclassified program.

Sec. 33.

Minnesota Statutes 2004, section 352D.03, is
amended to read:

352D.03 TRANSFER OF ASSETS.

Unless an eligible employee enumerated in section 352D.02,
subdivision 1 deleted text begin or 1a deleted text end , has elected coverage under the individual
retirement account plan under chapter 354B, a sum of money
representing the assets credited to each employee exercising the
option contained in section 352D.02, plus an equal employer
contribution together with interest for the employment period at
the deleted text begin actuarially assumed rates deleted text end new text begin applicable preretirement interest
actuarial assumption rate new text end during this period, compounded
annually, deleted text begin shall deleted text end new text begin must new text end be used for the purchase of shares on
behalf of each employee in the accounts of the supplemental
retirement fund established by section 11A.17. deleted text begin Any employer's
contribution to amortize the deficit in the state employee's
retirement fund shall not, however, be used for the purchase of
shares.
deleted text end

Sec. 34.

Minnesota Statutes 2004, section 352D.05,
subdivision 4, is amended to read:

Subd. 4.

Repayment of refund.

new text begin (a) new text end A participant in the
unclassified program may repay regular refunds taken deleted text begin pursuant to
deleted text end new text begin under new text end section 352.22, as provided in section 352.23.

new text begin (b) new text end A participant in the unclassified program or an
employee covered by the general plan who has withdrawn the value
of the total shares may repay the refund taken and thereupon
restore the service credit, rights and benefits forfeited by
paying into the fund the amount refunded plus interest at an
annual rate of 8.5 percent compounded annually from the date
that the refund was taken until the date that the refund is
repaid. If the participant had withdrawn only the employee
shares as permitted under prior laws, repayment deleted text begin shall deleted text end new text begin must new text end be
pro rata. deleted text begin Payment shall
deleted text end

new text begin (c) Except as provided in section 356.441, the repayment of
a refund under this section must new text end be made in a lump sum.

Sec. 35.

Minnesota Statutes 2004, section 352D.085,
subdivision 1, is amended to read:

Subdivision 1.

Combined service.

new text begin Except as provided in
section 356.30, 356.302, or 356.303, new text end service under the
unclassified program for which the employee has been credited
with employee shares may be used for the limited purpose of
qualifying for benefits under sections 352.115, 352.72,
subdivision 1, 352.113, 354.44, 354.45, 354.48, and 354.60 deleted text begin ;
provided such deleted text end new text begin . The new text end service new text begin also new text end may not be used to qualify for
a disability benefit under section 352.113 or 354.48 if a
participant was under the unclassified program at the time of
the disability deleted text begin , and provided further that deleted text end new text begin . Also, new text end the years of
service and salary paid while the participant was in the
unclassified program deleted text begin shall deleted text end new text begin may new text end not be used in determining the
amount of benefits.

Sec. 36.

Minnesota Statutes 2004, section 352D.09,
subdivision 5, is amended to read:

Subd. 5.

Unclaimed benefits.

If the beneficiary,
surviving spouse or estate has not made application for benefits
within ten years after the date of new text begin the new text end death of a participant new text begin ,
new text end the value of the shares deleted text begin shall be deleted text end new text begin is new text end appropriated to the deleted text begin regular
deleted text end new text begin general state employees retirement new text end fund and new text begin the new text end provisions of
section 352.12, subdivision 12 deleted text begin shall deleted text end new text begin , new text end govern. If a former
participant fails to make a claim for benefits within five years
after new text begin the new text end termination of covered service or by age 70, whichever
is later, the value of the shares deleted text begin shall be deleted text end new text begin is new text end appropriated to
the general new text begin state new text end employees retirement fund and the provisions
of section 352.22, subdivision 8, deleted text begin shall deleted text end apply.

Sec. 37.

Minnesota Statutes 2004, section 352D.12, is
amended to read:

352D.12 TRANSFER OF PRIOR SERVICE CONTRIBUTIONS.

(a) An employee who is a participant in the unclassified
program and who has prior service credit in a covered plan under
deleted text begin chapters 3A, deleted text end new text begin chapter new text end 352, deleted text begin 352C, deleted text end 353, 354, 354A, deleted text begin and deleted text end new text begin or new text end 422A
may, within the time limits specified in this section, elect to
transfer to the unclassified program prior service contributions
to one or more of those plans. deleted text begin Participants with six or more
years of prior service credit in a plan governed by chapter 3A
or 352C on July 1, 1998, may not transfer prior service
contributions. Participants with less than six years of prior
service credit in a plan governed by chapter 3A or 352C on July
1, 1998, must be contributing to the unclassified plan on or
after January 5, 1999, in order to transfer prior contributions.
deleted text end

(b) For participants with prior service credit in a plan
governed by chapter 352, 353, 354, 354A, or 422A, "prior service
contributions" means the accumulated employee and equal employer
contributions with interest at an annual rate of 8.5 percent
compounded annually, based on fiscal year balances. deleted text begin For
participants with less than six years of service credit as of
July 1, 1998, and with prior service credit in a plan governed
by chapter 3A or 352C, "prior service contributions" means an
amount equal to twice the amount of the accumulated member
contributions plus annual compound interest at the rate of 8.5
percent, computed on fiscal year balances.
deleted text end

(c) If a participant has taken a refund from a retirement
plan listed in this section, the participant may repay the
refund to that plan, notwithstanding any restrictions on
repayment to that plan, plus 8.5 percent interest compounded
annually and have the accumulated employee and equal employer
contributions transferred to the unclassified program with
interest at an annual rate of 8.5 percent compounded annually
based on fiscal year balances. If a person repays a refund and
subsequently elects to have the money transferred to the
unclassified program, the repayment amount, including interest,
is added to the fiscal year balance in the year which the
repayment was made.

(d) A participant electing to transfer prior service
contributions credited to a retirement plan governed by chapter
352, 353, 354, 354A, or 422A as provided under this section must
complete deleted text begin the deleted text end new text begin a written new text end application for the transfer and repay
any refund within one year of the commencement of the employee's
participation in the unclassified program. deleted text begin A participant
electing to transfer prior service contributions credited to a
retirement plan governed by chapter 3A or 352C as provided under
this section must complete the application for the transfer and
repay any refund between January 5, 1999, and June 1, 1999, if
the employee commenced participation in the unclassified program
before January 5, 1999, or within one year of the commencement
of the employee's participation in the unclassified program if
the employee commenced participation in the unclassified program
after January 4, 1999.
deleted text end

Sec. 38.

Minnesota Statutes 2004, section 353.01,
subdivision 32, is amended to read:

Subd. 32.

Coordinated member.

"Coordinated member" means
deleted text begin any deleted text end new text begin a new text end public employee, including deleted text begin any deleted text end new text begin a new text end public hospital employee,
new text begin who is new text end covered by deleted text begin any deleted text end new text begin an new text end agreement or modification made between
the state and the Secretary of Health deleted text begin , Education deleted text end and deleted text begin Welfare
deleted text end new text begin Human Services new text end , making the provisions of the federal Old Age,
Survivors and Disability Insurance Act applicable to the member
if new text begin the new text end membership eligibility criteria are met under this
chapter. A coordinated member also is a former basic member who
has a complete and continuous separation for at least 30 days
from employment as a public employee meeting the requirements
specified in subdivision 28, paragraphs (a) and (b), and who
reenters public service as a public employee and meets the
membership eligibility criteria under this chapter.

Sec. 39.

Minnesota Statutes 2004, section 353.01,
subdivision 33, is amended to read:

Subd. 33.

Basic member.

"Basic member" means deleted text begin any deleted text end new text begin a
new text end public employee, including deleted text begin any deleted text end new text begin a new text end public hospital employee, new text begin who
is new text end not covered by any agreement or modification made between the
state and the Secretary of Health deleted text begin , Education deleted text end and deleted text begin Welfare deleted text end new text begin Human
Services new text end .

Sec. 40.

Minnesota Statutes 2004, section 353.025, is
amended to read:

353.025 RANGE ASSOCIATION OF MUNICIPALITIES AND SCHOOLS.

deleted text begin From and after January 1, 1982, deleted text end Employees of the Range
Association of Municipalities and Schools deleted text begin hereinafter referred
to as the association, shall become deleted text end new text begin are new text end coordinated members of
the new text begin general employees retirement plan of the new text end Public Employees
Retirement Association unless specifically exempt under section
353.01, subdivision 2b deleted text begin , and deleted text end new text begin . new text end The new text begin Range new text end Association deleted text begin shall be
deemed to be deleted text end new text begin of Municipalities and Schools is new text end a governmental
subdivision for the purposes of this chapter.

Sec. 41.

Minnesota Statutes 2004, section 353.026, is
amended to read:

353.026 COVERAGE FOR CERTAIN MUNICIPAL AND SCHOOL DISTRICT
EMPLOYEES.

Any person who was employed by the city of Minneapolis,
Special School District No. 1, or public corporation as defined
in section 422A.01, subdivision 9, on or after July 1, 1978 new text begin , new text end and
deleted text begin prior to deleted text end new text begin before new text end July 1, 1979, and who was excluded from
retirement coverage by the coordinated program of the
Minneapolis municipal employees retirement fund deleted text begin pursuant to
deleted text end new text begin under new text end section 422A.09, subdivision 3, deleted text begin shall be deleted text end new text begin is new text end entitled to
retirement coverage by the new text begin general employees retirement plan of
the new text end Public Employees Retirement Association unless specifically
excluded deleted text begin pursuant to deleted text end new text begin under new text end section 353.01, subdivision 2b, from
and after May 19, 1981.

Sec. 42.

Minnesota Statutes 2004, section 353.027, is
amended to read:

353.027 RETENTION OF COVERAGE FOR CERTAIN MUNICIPAL COURT
EMPLOYEES.

Any person employed on January 1, 1975, by a municipal
court established deleted text begin pursuant to deleted text end new text begin under new text end Minnesota Statutes 1957,
section 488.03 new text begin , new text end and located in the cities of New Brighton,
Roseville, Maplewood, North Saint Paul, White Bear Lake new text begin , new text end or St.
Paul deleted text begin shall be deleted text end new text begin is new text end eligible for membership in the new text begin general
employees retirement plan of the new text end Public Employees Retirement
Association and deleted text begin shall retain deleted text end new text begin retains new text end any rights or benefits the
person had attained as a member of the new text begin general employees
retirement plan of the new text end association on January 1, 1975, so long
as the person remains an employee of the municipal court of
Ramsey County.

Sec. 43.

Minnesota Statutes 2004, section 353.028, is
amended to read:

353.028 CITY MANAGERS; ELECTION; DEFERRED COMPENSATION.

Subdivision 1.

Definitions.

new text begin (a) new text end For purposes of this
section new text begin , each of the terms in this subdivision has the meaning
indicated.
new text end

new text begin (b) new text end "City manager" means (1) a person new text begin who is new text end duly appointed
to and new text begin is new text end holding the position of city manager in a Plan B
statutory city or in a home rule city operating under the
"council-manager" form of government, or (2) a person new text begin who is
new text end appointed to and new text begin is new text end holding the position of chief administrative
officer of a home rule charter city or a statutory city deleted text begin pursuant
to deleted text end new text begin under new text end a charter provision, ordinance, or resolution
establishing such a position and prescribing its duties and
responsibilities.

new text begin (c) new text end "Governing body" means the city council of the city
employing the city manager.

new text begin (d) new text end "Election" means the election described in subdivision
2.

Subd. 2.

Election.

(a) A city manager may elect to be
excluded from membership in the new text begin general employees retirement
plan of the Public Employees Retirement new text end Association. The
election of exclusion must be made within six months following
the commencement of employment, new text begin must be made new text end in writing on a
form prescribed by the executive director, and must be approved
by a resolution deleted text begin of deleted text end new text begin adopted by new text end the governing body of the city.
The election of exclusion is not effective until it is filed
with the executive director. Membership of a city manager in
the deleted text begin association deleted text end new text begin general employees retirement plan new text end ceases on the
date the written election is received by the executive director
or upon a later date specified. Employee and employer
contributions made on behalf of a person exercising the option
to be excluded from membership under this section must be
refunded in accordance with section 353.27, subdivision 7.

(b) A city manager who has elected exclusion under this
subdivision may elect to revoke that action by filing a written
notice with the executive director. The notice must be on a
form prescribed by the executive director and must be approved
by a resolution of the governing body of the city. Membership
of the city manager in the association resumes prospectively
from the date of the first day of the pay period for which
contributions were deducted or, if pay period coverage dates are
not provided, the date on which the notice of revocation or
contributions are received in the office of the association,
provided that the notice of revocation is received by the
association within 60 days of the receipt of contributions.

(c) An election under paragraph (b) is irrevocable. Any
election under paragraph (a) or (b) must include a statement
that the individual will not seek authorization to purchase
service credit for any period of excluded service.

Subd. 3.

Deferred compensation; city contribution.

If an
election of exclusion is made, and if the city manager and the
governing body of the city new text begin additionally new text end agree in writing that
the additional compensation is to be deferred and deleted text begin shall deleted text end new text begin is to new text end be
contributed on behalf of the city manager to a deferred
compensation program which meets the requirements of section 457
of the Internal Revenue Code of deleted text begin 1954 deleted text end new text begin 1986 new text end , as amended deleted text begin through
December 31, 1980 deleted text end , 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 which would be required by section 353.27,
subdivision 3, if the city manager were a member of the
deleted text begin association deleted text end new text begin general employees retirement plan new text end .

Subd. 4.

Refunds; deferred annuity.

A city manager who
makes an election to be excluded from membership is entitled to
a refund of accumulated deductions or, if otherwise qualified, a
deferred annuity deleted text begin in the manner provided by deleted text end new text begin under new text end section 353.34,
at the option of the manager.

Subd. 5.

Election; other employment.

If a city manager
who has made an election to be excluded new text begin subsequently new text end accepts
employment in another governmental subdivision or new text begin subsequently
new text end accepts employment other than as a city manager in the same
city, the election deleted text begin shall be deemed to have been deleted text end new text begin is new text end rescinded on
the effective date of employment.

Sec. 44.

Minnesota Statutes 2004, section 353.14, is
amended to read:

353.14 BENEFITS FROM OTHER FUNDS.

No annuity or benefit provided by this chapter deleted text begin shall deleted text end new text begin may new text end be
affected, diminished, or impaired by any pension, benefit, or
annuity which any member or survivor is entitled to receive from
a tax supported public retirement new text begin plan or new text end system authorized by
any other law deleted text begin , for deleted text end new text begin based on service that is new text end different service
new text begin than the service new text end for which the member or survivor is entitled to
receive benefit or annuity from new text begin a retirement plan administered
by new text end the Public Employees Retirement Association.

Sec. 45.

Minnesota Statutes 2004, section 353.15,
subdivision 1, is amended to read:

Subdivision 1.

Exemption deleted text begin ; exceptions deleted text end .

deleted text begin No money, annuity,
or benefit provided for in this chapter is assignable or subject
to execution, levy, attachment, garnishment, or legal process,
except as provided in subdivision 2 or section 518.58, 518.581,
or 518.6111. deleted text end new text begin The provisions of section 356.401 apply to the
general employees retirement plan, to the public employees
police and fire retirement plan, and to the local government
correctional service retirement plan.
new text end

Sec. 46.

Minnesota Statutes 2004, section 353.15,
subdivision 3, is amended to read:

Subd. 3.

Payment to public bodies.

If new text begin , new text end in the judgment
of the executive director new text begin , new text end conditions so warrant, payment new text begin of an
annuity, a retirement benefit, or a refund new text end may be made to a
public body in behalf of an annuitant, disabilitant, or survivor
upon such terms as the executive director may prescribe.

Sec. 47.

Minnesota Statutes 2004, section 353.27,
subdivision 11, is amended to read:

Subd. 11.

Employers; required to furnish requested
information.

new text begin (a) new text end All governmental subdivisions shall furnish
promptly such other information relative to the employment
status of all employees or former employees, including new text begin , new text end but not
limited to new text begin , new text end payroll abstracts pertaining to all past and present
employees, as may be requested by the deleted text begin association or its
deleted text end executive director, including schedules of salaries applicable
to various categories of employment.

new text begin (b) new text end In the event payroll abstract records have been lost or
destroyed, for whatever reason or in whatever manner, so that
such schedules of salaries cannot be furnished therefrom, the
employing governmental subdivision, in lieu thereof, shall
furnish to the association an estimate of the earnings of any
employee or former employee for any period as may be requested
by the deleted text begin association or its deleted text end executive director. deleted text begin Should deleted text end new text begin If new text end the
association deleted text begin receive such schedules deleted text end new text begin is provided a schedule new text end of
estimated earnings, the executive director is deleted text begin hereby deleted text end authorized
to use the same as a basis for making whatever computations
might be necessary for determining obligations of the employee
and employer to the retirement fund. If estimates are not
furnished by the employer deleted text begin pursuant to deleted text end new text begin at new text end the request of the
deleted text begin association or its deleted text end executive director, the deleted text begin association deleted text end new text begin executive
director new text end may estimate the obligations of the employee and
employer to the retirement fund based upon deleted text begin such deleted text end new text begin those new text end records deleted text begin as
deleted text end new text begin that new text end are in its possession. deleted text begin Where payroll abstracts have been
lost or destroyed, the governmental agency need not furnish any
information pertaining to employment prior to July 1, 1963. The
association shall make no estimate of any obligation of any
employee, former employee, or employer covering employment prior
to July 1, 1963.
deleted text end

Sec. 48.

Minnesota Statutes 2004, section 353.271, is
amended to read:

353.271 PARTICIPATION IN MINNESOTA POSTRETIREMENT
INVESTMENT FUND.

Subdivision 1.

Authorization.

The new text begin general employees
retirement plan of the new text end Public Employees Retirement Association,
deleted text begin including deleted text end the public employees police and fire deleted text begin fund but
excluding the various local relief association consolidation
accounts, is deleted text end new text begin retirement plan, and the local government
correctional service retirement plan are new text end authorized to
participate in the Minnesota postretirement investment fund.
There deleted text begin shall be deleted text end new text begin is new text end one general participation in the Minnesota
postretirement investment fund for deleted text begin all purposes by deleted text end new text begin each plan of
new text end the Public Employees Retirement deleted text begin fund and one general
participation in the Minnesota postretirement investment fund
for all purposes by the public employees police and fire
fund deleted text end new text begin Association new text end .

Subd. 2.

Valuation of assets; adjustment of benefits.

deleted text begin (1) deleted text end new text begin (a) new text end The required reserves for retirement annuities payable
as provided in this chapter other than those payable from the
various local relief association consolidation accounts, as
determined in accordance with the appropriate mortality table
adopted by the board of trustees based on the experience of the
fund as recommended by the actuary retained deleted text begin by the Legislative
Commission on Pensions and Retirement deleted text end new text begin under section 356.214, and
approved under section 356.215, subdivision 18 new text end , and using the
postretirement interest assumption specified in section 356.215,
subdivision 8, deleted text begin shall deleted text end new text begin must new text end be transferred to the Minnesota
postretirement investment fund as of the last business day of
the month in which the retirement annuity begins.

deleted text begin (2) deleted text end new text begin (b) new text end Annuity payments deleted text begin other than those payable from the
various local relief association consolidation accounts
shall deleted text end new text begin must new text end be adjusted in accordance with the provisions of
section 11A.18.

deleted text begin (3) deleted text end new text begin (c) new text end Increases in payments deleted text begin pursuant to deleted text end new text begin under new text end this
section deleted text begin or from the various local relief association
consolidation accounts, if applicable, will deleted text end new text begin must new text end be made
automatically unless the intended recipient files written notice
with the executive director of the Public Employees Retirement
Association requesting that the increase deleted text begin shall deleted text end not be made.

Sec. 49.

Minnesota Statutes 2004, section 353.31,
subdivision 1c, is amended to read:

Subd. 1c.

Coordinated members.

Except for benefits
provided under section 353.32, deleted text begin subdivisions 1 and 1a, deleted text end no
survivor benefits are payable to the surviving spouse or
dependent children of a deceased coordinated member.

Sec. 50.

Minnesota Statutes 2004, section 353.32,
subdivision 9, is amended to read:

Subd. 9.

Payment to a minor.

If a member or former
member dies having named as beneficiary a person who is a minor
at the time of the application for refund, the board may make
new text begin the new text end payment deleted text begin (a) deleted text end new text begin (1) new text end directly to the minor, deleted text begin (b) deleted text end new text begin (2) new text end to deleted text begin any
deleted text end new text begin a new text end person who has legally qualified and is acting as guardian of
the minor's person or property in any jurisdiction, or deleted text begin (c) deleted text end new text begin (3)
new text end to either parent of the minor or to deleted text begin any deleted text end new text begin an new text end adult person with
whom the minor may at the time be living deleted text begin , provided only that deleted text end new text begin .
new text end The parent or other person to whom any amount is to be
paid deleted text begin shall have advised deleted text end new text begin must advise new text end the board in writing that
the amount will be held or used in trust for the benefit of such
minor. Any annuity or disability benefit payable at the time of
death of an annuitant or recipient of a disability benefit,
which is payable to a beneficiary who is a minor, may be paid in
the same manner. deleted text begin Such deleted text end new text begin The new text end payment deleted text begin shall be deleted text end new text begin is new text end a bar to recovery
by any other person or persons.

Sec. 51.

Minnesota Statutes 2004, section 353.33,
subdivision 12, is amended to read:

Subd. 12.

Basic disability survivor benefits.

If a basic
member who is receiving a disability benefit under subdivision 3:

deleted text begin (a) deleted text end new text begin (1) new text end dies before attaining age 65 or within five years
of the effective date of the disability, whichever is later, the
surviving spouse deleted text begin shall deleted text end new text begin is entitled to new text end receive a survivor benefit
under section 353.31, unless the surviving spouse elected to
receive a refund under section 353.32, subdivision 1 deleted text begin . deleted text end new text begin ;
new text end

deleted text begin (b) deleted text end new text begin (2) new text end is living at age 65 or five years after the
effective date of the disability, whichever is later, the basic
member may continue to receive a normal disability benefit, or
elect a joint and survivor optional annuity under section
353.31, subdivision 1b. The election of the joint and survivor
optional annuity must occur within 90 days of new text begin attaining new text end age 65
or new text begin of reaching new text end the five-year anniversary of the effective date
of the disability benefit, whichever is later. The optional
annuity takes effect on the first new text begin day new text end of the month following the
month in which the person attains age 65 or reaches the
five-year anniversary of the effective date of the disability
benefit, whichever is later deleted text begin . deleted text end new text begin ; or
new text end

deleted text begin (c) deleted text end new text begin (3) new text end if there is a dependent child or children under
deleted text begin paragraph (a) or (b) deleted text end new text begin clause (1) or (2) new text end , the deleted text begin association shall
grant deleted text end new text begin dependent child is entitled to new text end a dependent child benefit
under section 353.31, subdivision 1b, paragraph (b).

Sec. 52.

Minnesota Statutes 2004, section 354.091, is
amended to read:

354.091 SERVICE CREDIT.

(a) In computing service credit, no teacher deleted text begin shall deleted text end new text begin may
new text end receive credit for more than one year of teaching service for
any fiscal year. deleted text begin Commencing July 1, 1961 deleted text end new text begin Additionally, in
crediting allowable service new text end :

(1) if a teacher teaches less than five hours in a day,
service credit must be given for the fractional part of the day
as the term of service performed bears to five hours;

(2) if a teacher teaches five or more hours in a day,
service credit must be given for only one day;

(3) if a teacher teaches at least 170 full days in any
fiscal year, service credit must be given for a full year of
teaching service; and

(4) if a teacher teaches for only a fractional part of the
year, service credit must be given for such fractional part of
the year new text begin in the same relationship new text end as the period of service
performed bears to 170 days.

(b) A teacher deleted text begin shall deleted text end new text begin must new text end receive a full year of service
credit based on the number of days in the employer's full school
year if deleted text begin it deleted text end new text begin that school year new text end is less than 170 days. Teaching
service performed before July 1, 1961, must be computed under
the law in effect at the time it was performed.

(c) A teacher must not lose or gain retirement service
credit as a result of the employer converting to a flexible or
alternate work schedule. If the employer converts to a flexible
or alternate work schedule, the forms for reporting new text begin teaching
service new text end and the procedures for determining service credit must
be determined by the executive director with the approval of the
board of trustees.

(d) For all services rendered on or after July 1, 2003,
service credit for all members employed by the Minnesota State
Colleges and Universities system must be determined:

(1) for full-time employees, by the definition of full-time
employment contained in the collective bargaining agreement for
those units listed in section 179A.10, subdivision 2, or
contained in the applicable personnel or salary plan for those
positions designated in section 179A.10, subdivision 1;

(2) for part-time employees, by the appropriate proration
of full-time equivalency based on the provisions contained in
the collective bargaining agreement for those units listed in
section 179A.10, subdivision 2, or contained in the applicable
personnel or salary plan for those positions designated in
section 179A.10, subdivision 1, and the applicable procedures of
the Minnesota State Colleges and Universities system; and

(3) in no case may a member receive more than one year of
service credit for any fiscal year.

Sec. 53.

Minnesota Statutes 2004, section 354.10,
subdivision 1, is amended to read:

Subdivision 1.

Exemption; exceptions.

new text begin (a) The provisions
of section 356.401 apply to the teachers retirement plan.
new text end

new text begin (b) new text end The right of a teacher to take advantage of the
benefits provided by this chapter, is a personal right only and
is not assignable. All money to the credit of a teacher's
account in the fund or any money payable to the teacher from the
fund belongs to the state of Minnesota until actually paid to
the teacher or a beneficiary under this chapter.

new text begin (c) new text end The association may acknowledge a properly completed
power of attorney form. deleted text begin An assignment or attempted assignment
of a teacher's interest in the fund, or of the beneficiary's
interest in the fund, by a teacher or a beneficiary is void and
exempt from garnishment or levy under attachment or execution,
except as provided in subdivision 2 or 3, or section 518.58,
518.581, or 518.6111.
deleted text end

Sec. 54.

Minnesota Statutes 2004, section 354.10,
subdivision 3, is amended to read:

Subd. 3.

Payment to public bodies.

If new text begin , new text end in the judgment
of the executive director new text begin , new text end conditions so warrant, payment new text begin of an
annuity, a retirement benefit, or a refund new text end may be made to a
public body in behalf of an annuitant, disabilitant, or survivor
upon such terms as the executive director may prescribe.

Sec. 55.

Minnesota Statutes 2004, section 354.10,
subdivision 4, is amended to read:

Subd. 4.

Changes in designated beneficiaries.

deleted text begin Any deleted text end new text begin (a) A
new text end beneficiary designated by a retiree or member under section
354.05, subdivision 22, may be changed or revoked by the retiree
or member on a form provided by the executive director.

new text begin (b) new text end A change or revocation made under this subdivision is
valid only if the properly completed form is received by the
association on or before the date of death of the retiree or the
member.

new text begin (c) new text end If a designated beneficiary dies before the retiree or
member designating the beneficiary deleted text begin , deleted text end and a new beneficiary is not
designated, the retiree's or member's estate is the beneficiary.

Sec. 56.

Minnesota Statutes 2004, section 354.33,
subdivision 5, is amended to read:

Subd. 5.

Retirees not eligible for federal benefits.

Notwithstanding the provisions of section 354.55, subdivision 3,
when any person retires after July 1, 1973 new text begin , new text end who deleted text begin (a) deleted text end new text begin (1) new text end has ten
or more years of allowable service, and deleted text begin (b) deleted text end new text begin (2) new text end does not have
any retroactive Social Security coverage by reason of the
person's position in the retirement system, and deleted text begin (c) deleted text end new text begin (3) new text end does not
qualify for new text begin federal new text end old age and survivor primary benefits at the
time of retirement, the annuity deleted text begin shall deleted text end new text begin must new text end be computed under
section 354.44, subdivision 2 new text begin , new text end of the law in effect on June 30,
1969, except that accumulations after June 30, 1957, deleted text begin shall deleted text end new text begin must
new text end be calculated using the same mortality table and interest
assumption new text begin as are new text end used to transfer the required reserves to the
Minnesota postretirement investment fund.

Sec. 57.

Minnesota Statutes 2004, section 354.39, is
amended to read:

354.39 EFFECTIVE DATE; APPLICATION.

deleted text begin After July 1, 1971, any deleted text end new text begin A new text end member of the Teachers Retirement
Association new text begin who is new text end employed in a new state university deleted text begin and deleted text end new text begin or any
new text end other new deleted text begin institutions deleted text end new text begin institution new text end of higher learning not
included in any agreement or modification made between the state
and the new text begin federal new text end Secretary of Health deleted text begin , Education deleted text end and deleted text begin Welfare deleted text end new text begin Human
Services new text end , making the provisions of the federal Old Age deleted text begin and deleted text end new text begin ,
new text end Survivors new text begin and Disability new text end Insurance Act applicable to such
members, deleted text begin shall deleted text end new text begin must new text end be covered under the provisions of this
chapter applicable to coordinated members.

Sec. 58.

Minnesota Statutes 2004, section 354.41,
subdivision 2, is amended to read:

Subd. 2.

Teachers.

Every teacher deleted text begin after June 30, 1957, deleted text end in
deleted text begin the service or entering deleted text end the service of the state or new text begin one of new text end its
governmental deleted text begin subdivision deleted text end new text begin subdivisions new text end as a teacher, except
persons deleted text begin specially deleted text end new text begin specifically new text end excluded, deleted text begin shall deleted text end new text begin must new text end become a
member of the association by the acceptance of such employment.

Sec. 59.

Minnesota Statutes 2004, section 354.42, is
amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Teachers retirement fund. new text end

new text begin (a) Within the
Teachers Retirement Association and the state treasury is
created a special retirement fund, which must include all the
assets of the Teachers Retirement Association and all revenue of
the association. The fund is the continuation of the fund
established under Laws 1931, chapter 406, section 2,
notwithstanding the repeal of Minnesota Statutes 1973, section
354.42, subdivision 1, by Laws 1974, chapter 289, section 59.
new text end

new text begin (b) The teachers retirement fund must be credited with all
employee and employer contributions, all investment revenue and
gains, and all other income authorized by law.
new text end

new text begin (c) From the teachers retirement fund is appropriated the
payments of annuities and benefits authorized by this chapter,
the transfers to the Minnesota postretirement investment fund,
and the reasonable and necessary expenses of administering the
fund and the association.
new text end

Sec. 60.

Minnesota Statutes 2004, section 354.44,
subdivision 2, is amended to read:

Subd. 2.

Computation of money purchase annuity.

new text begin (a) new text end The
amount of retirement annuity is an amount equal to double the
annuity which could be purchased by the member's accumulated
deductions plus interest thereon. The annuity deleted text begin shall deleted text end new text begin must new text end be
determined by the member's age, sex, double the amount of
accumulated deductions, double the new text begin amount of new text end interest earned on
the accumulated deductions, and the appropriate mortality tables
and interest rates. To determine the amount of the annuity for
a basic member, the accumulated deductions deleted text begin prior to deleted text end new text begin before new text end July
1, 1957, and the accumulated deductions deleted text begin subsequent to deleted text end new text begin after new text end July
1, 1957, deleted text begin shall deleted text end new text begin must new text end be considered separately.

deleted text begin (1) deleted text end new text begin (b) new text end For service rendered deleted text begin prior to deleted text end new text begin before new text end July 1, 1957,
the accumulated deductions for deleted text begin any deleted text end new text begin a new text end member deleted text begin shall deleted text end new text begin must new text end be
carried forward at a fixed amount which is shown credited to the
member's account as of that date. That fixed amount deleted text begin shall deleted text end new text begin must
new text end also include any payments in lieu of salary deductions which deleted text begin are
to be made in the future and are deleted text end new text begin were new text end actually so made deleted text begin pursuant
to deleted text end new text begin under new text end an agreement executed between the member and the board
as authorized by section 354.50 or any other authorized payments
made by the member to the fund. The annuity granted with
respect to the period deleted text begin shall deleted text end new text begin must new text end be determined as follows:

deleted text begin (a) deleted text end new text begin (1) new text end the fixed amount of the accumulated deductions for
the period including the interest credited on the amount as
earned up to July 1, 1957 deleted text begin . deleted text end new text begin ; and
new text end

deleted text begin (b) deleted text end new text begin (2) new text end annuity purchase rates based on the applicable
mortality table established by the board and the interest rate
assumption in effect deleted text begin prior to deleted text end new text begin before new text end July 1, 1957, in the case
of basic members and an annuity purchase rate based on an
appropriate annuity table of mortality established by the board
as provided in section 354.07, subdivision 1, and using the
applicable postretirement interest rate assumption specified in
section 356.215, subdivision 8, in the case of coordinated
members.

deleted text begin (2) deleted text end new text begin (c) new text end For service rendered deleted text begin subsequent to deleted text end new text begin after new text end July 1,
1957, the accumulated deductions for deleted text begin any deleted text end new text begin a new text end member deleted text begin shall deleted text end new text begin must
new text end consist of the amounts actually credited to the member's account
by reason of salary deductions. The annuity granted with
respect to the period deleted text begin shall deleted text end new text begin must new text end be determined by the following:

deleted text begin (a) deleted text end new text begin (1) new text end accumulated deductions for the period;

deleted text begin (b) deleted text end new text begin (2) new text end interest credited on these accumulated deductions
from July 1, 1957, to the date of retirement;

deleted text begin (c) deleted text end new text begin (3) new text end interest credited on accumulated deductions
including prior credited interest provided in paragraph deleted text begin (1) deleted text end new text begin (b)
new text end from July 1, 1957, to the date of retirement;

deleted text begin (d) deleted text end new text begin (4) new text end after the amount available for an annuity granted
with respect to the person is determined in accordance with the
provisions of this subdivision, an additional amount equal to 20
percent of the sum of clause deleted text begin (2)(a) deleted text end new text begin (1) new text end plus interest credited
to deleted text begin members deleted text end new text begin a member's new text end account from July 1, 1957, to date of
retirement is to be added. This added amount is not to be
doubled as provided for other amounts determined in this
subdivision; new text begin and
new text end

deleted text begin (e) deleted text end new text begin (5) the new text end annuity purchase rate based on an appropriate
annuity table of mortality established by the board as provided
in section 354.07, subdivision 1, and using the applicable
postretirement interest rate assumption specified in section
356.215, subdivision 8.

Sec. 61.

Minnesota Statutes 2004, section 354A.021,
subdivision 5, is amended to read:

Subd. 5.

Tax sheltered annuity program and fund.

deleted text begin Any deleted text end new text begin A
new text end teachers retirement fund association may establish a tax
sheltered annuity program and fund meeting the requirements of
section 403(b) of the Internal Revenue Code of 1986, as amended
deleted text begin through December 31, 1992 deleted text end , which deleted text begin shall deleted text end new text begin must new text end include all assets
which were acquired for the specific purpose of being credited
to the program and fund and to which deleted text begin shall deleted text end new text begin must new text end be credited all
employee contributions deleted text begin , deleted text end and employer contributions new text begin , new text end if
negotiated under a collective bargaining agreement, designated
for this purpose and all interest income attributable to the
assets of the program and fund.

Sec. 62.

Minnesota Statutes 2004, section 354A.097,
subdivision 1, is amended to read:

Subdivision 1.

Service credit purchase authorized.

A
teacher who has at least three years of allowable service credit
with the teachers retirement fund association and who performed
service in the United States armed forces before becoming a
teacher as defined in section 354A.011, subdivision 27, or who
failed to obtain service credit for a military leave of absence
period under section 354A.093, is entitled to purchase allowable
service credit for the initial period of enlistment, induction,
or call to active duty without any voluntary extension by making
payment under section deleted text begin 356.55 provided deleted text end new text begin 356.551 if new text end the teacher has
not purchased service credit from another Minnesota defined
benefit public employee pension plan for the same period of
service.

Sec. 63.

Minnesota Statutes 2004, section 354A.31,
subdivision 5, is amended to read:

Subd. 5.

Unreduced normal retirement annuity.

Upon
retirement at normal retirement age with at least three years of
service credit, a coordinated member deleted text begin shall be deleted text end new text begin is new text end entitled to a
normal retirement annuity calculated deleted text begin pursuant to deleted text end new text begin under
new text end subdivision 4 new text begin or 4a, whichever applies new text end .

Sec. 64.

new text begin [356.401] EXEMPTION FROM PROCESS.
new text end

new text begin Subdivision 1. new text end

new text begin Exemption; exceptions. new text end

new text begin None of the money,
annuities, or other benefits provided for in the governing law
of a covered retirement plan is assignable either in law or in
equity or subject to state estate tax, or to execution, levy,
attachment, garnishment, or other legal process, except as
provided in subdivision 2 or section 518.58, 518.581, or
518.6111.
new text end

new text begin Subd. 2. new text end

new text begin Automatic deposits. new text end

new text begin (a) The chief
administrative officer of a covered retirement plan may remit,
through an automatic deposit system, annuity, benefit, or refund
payments only to a financial institution associated with the
National Automated Clearinghouse Association or a comparable
successor organization that is trustee for a person who is
eligible to receive the annuity, benefit, or refund.
new text end

new text begin (b) Upon the request of a retiree, disabilitant, survivor,
or former member, the chief administrative officer of a covered
retirement plan may remit the annuity, benefit, or refund check
to the applicable financial institution for deposit in the
person's individual account or the person's joint account. An
overpayment to a joint account after the death of the annuitant
or benefit recipient must be repaid to the fund of the
applicable covered retirement plan by the joint tenant if the
overpayment is not repaid to that fund by the financial
institution associated with the National Automated Clearinghouse
Association or its successor. The governing board of the
covered retirement plan may prescribe the conditions under which
these payments may be made.
new text end

new text begin Subd. 3. new text end

new text begin Covered retirement plans. new text end

new text begin The provisions of
this section apply to the following retirement plans:
new text end

new text begin (1) the legislators retirement plan, established by chapter
3A;
new text end

new text begin (2) the general state employees retirement plan of the
Minnesota State Retirement System, established by chapter 352;
new text end

new text begin (3) the correctional state employees retirement plan of the
Minnesota State Retirement System, established by chapter 352;
new text end

new text begin (4) the State Patrol retirement plan, established by
chapter 352B;
new text end

new text begin (5) the elective state officers retirement plan,
established by chapter 352C;
new text end

new text begin (6) the unclassified state employees retirement program,
established by chapter 352D;
new text end

new text begin (7) the general employees retirement plan of the Public
Employees Retirement Association, established by chapter 353;
new text end

new text begin (8) the public employees police and fire plan of the Public
Employees Retirement Association, established by chapter 353;
new text end

new text begin (9) the public employees defined contribution plan,
established by chapter 353D;
new text end

new text begin (10) the local government correctional service retirement
plan of the Public Employees Retirement Association, established
by chapter 353E;
new text end

new text begin (11) the Teachers Retirement Association, established by
chapter 354;
new text end

new text begin (12) the Duluth Teachers Retirement Fund Association,
established by chapter 354A;
new text end

new text begin (13) the Minneapolis Teachers Retirement Fund Association,
established by chapter 354A;
new text end

new text begin (14) the St. Paul Teachers Retirement Fund Association,
established by chapter 354A;
new text end

new text begin (15) the individual retirement account plan, established by
chapter 354B;
new text end

new text begin (16) the higher education supplemental retirement plan,
established by chapter 354C;
new text end

new text begin (17) the Minneapolis employees retirement fund, established
by chapter 422A;
new text end

new text begin (18) the Minneapolis Police Relief Association, established
by chapter 423B;
new text end

new text begin (19) the Minneapolis Firefighters Relief Association,
established by chapter 423C; and
new text end

new text begin (20) the judges retirement fund, established by sections
490.121 to 490.132.
new text end

Sec. 65.

Minnesota Statutes 2004, section 356.551, is
amended to read:

356.551 POST JULY 1, deleted text begin 2003 deleted text end new text begin 2004 new text end , PRIOR SERVICE CREDIT
PURCHASE PAYMENT AMOUNT DETERMINATION PROCEDURE.

Subdivision 1.

Application.

new text begin (a) new text end Unless the prior service
credit purchase authorization special law or general statute
provision explicitly specifies a different purchase payment
amount determination procedure, deleted text begin and if section 356.55 has
expired, deleted text end this section governs the determination of the prior
service credit purchase payment amount of any prior service
credit purchase.

new text begin (b) The purchase payment amount determination procedure
must recognize any service credit accrued to the purchaser in a
pension plan enumerated in section 356.30, subdivision 3.
new text end

new text begin (c) Any service credit in a Minnesota defined benefit
public employee pension plan available to be reinstated by the
purchaser through the repayment of a refund of member or
employee contributions previously received must be repaid in
full before any purchase of prior service credit payment is made
under this section.
new text end

Subd. 2.

Determination.

new text begin (a) Unless the minimum purchase
amount set forth in paragraph (c) applies, new text end the prior service
credit purchase amount is an amount equal to the actuarial
present value, on the date of payment, as calculated by the
chief administrative officer of the pension plan and reviewed by
the actuary retained deleted text begin by the Legislative Commission on Pensions
and Retirement deleted text end new text begin under section 356.214 new text end , of the amount of the
additional retirement annuity obtained by the acquisition of the
additional service credit in this section.

new text begin (b) new text end Calculation of this amount must be made using the
preretirement interest rate applicable to the public pension
plan specified in section 356.215, subdivision deleted text begin 4d deleted text end new text begin 8 new text end , and the
mortality table adopted for the public pension plan. The
calculation must assume continuous future service in the public
pension plan until, and retirement at, the age at which the
minimum requirements of the fund for normal retirement or
retirement with an annuity unreduced for retirement at an early
age, including section 356.30, are met with the additional
service credit purchased. The calculation must also assume a
full-time equivalent salary, or actual salary, whichever is
greater, and a future salary history that includes annual salary
increases at the applicable salary increase rate for the plan
specified in section 356.215, subdivision 4d.

new text begin (c) The prior service credit purchase amount may not be
less than the amount determined by applying the current employee
or member contribution rate, the employer contribution rate, and
the additional employer contribution rate, if any, to the
person's current annual salary and multiplying that result by
the number of whole and fraction years of service to be
purchased.
new text end

new text begin (d) new text end Payment must be made in one lump sum within one year of
the prior service credit authorization. Payment of the amount
calculated under this section must be made by the applicable
eligible person.

new text begin (e) new text end However, the current employer or the prior employer
may, at its discretion, pay all or any portion of the payment
amount that exceeds an amount equal to the employee contribution
rates in effect during the period or periods of prior service
applied to the actual salary rates in effect during the period
or periods of prior service, plus interest at the rate of 8.5
percent a year compounded annually from the date on which the
contributions would otherwise have been made to the date on
which the payment is made. If the employer agrees to payments
under this subdivision, the purchaser must make the employee
payments required under this subdivision within deleted text begin 290 deleted text end new text begin 90 new text end days of
the prior service credit authorization. If that employee
payment is made, the employer payment under this subdivision
must be remitted to the chief administrative officer of the
public pension plan within 60 days of receipt by the chief
administrative officer of the employee payments specified under
this subdivision.

Subd. 3.

Documentation.

The prospective new text begin prior service
credit new text end purchaser must provide any relevant documentation
required by the chief administrative officer of the new text begin applicable
new text end public pension plan to determine eligibility for the prior
service credit under this section.

Subd. 4.

Payment precondition for credit grant.

Service
credit for the purchase period must be granted by the public
pension plan to the purchaser upon receipt of the new text begin full new text end purchase
payment amount specified in subdivision 2.

Sec. 66.

Minnesota Statutes 2004, section 356A.06,
subdivision 7, is amended to read:

Subd. 7.

Expanded list of authorized investment
securities.

(a) [AUTHORITY.] Except to the extent otherwise
authorized by law or bylaws, a covered pension plan not
described by subdivision 6, paragraph (a), may invest its assets
only in accordance with this subdivision.

(b) [SECURITIES GENERALLY.] The covered pension plan has
the authority to purchase, sell, lend, or exchange the
securities specified in paragraphs (c) to (g), including puts
and call options and future contracts traded on a contract
market regulated by a governmental agency or by a financial
institution regulated by a governmental agency. These
securities may be owned as units in commingled trusts that own
the securities described in paragraphs (c) to (g).

(c) [GOVERNMENT OBLIGATIONS.] The covered pension plan may
invest funds in governmental bonds, notes, bills, mortgages, and
other evidences of indebtedness provided the issue is backed by
the full faith and credit of the issuer or the issue is rated
among the top four quality rating categories by a nationally
recognized rating agency. The obligations in which funds may be
invested under this paragraph include guaranteed or insured
issues of (1) the United States, its agencies, its
instrumentalities, or organizations created and regulated by an
act of Congress; (2) Canada and its provinces, provided the
principal and interest is payable in United States dollars; (3)
the states and their municipalities, political subdivisions,
agencies, or instrumentalities; (4) the International Bank for
Reconstruction and Development, the Inter-American Development
Bank, the Asian Development Bank, the African Development Bank,
or any other United States government sponsored organization of
which the United States is a member, provided the principal and
interest is payable in United States dollars.

(d) [CORPORATE OBLIGATIONS.] The covered pension plan may
invest funds in bonds, notes, debentures, transportation
equipment obligations, or any other longer term evidences of
indebtedness issued or guaranteed by a corporation organized
under the laws of the United States or any state thereof, or the
Dominion of Canada or any province thereof if they conform to
the following provisions:

(1) the principal and interest of obligations of
corporations incorporated or organized under the laws of the
Dominion of Canada or any province thereof must be payable in
United States dollars; and

(2) obligations must be rated among the top four quality
categories by a nationally recognized rating agency.

(e) [OTHER OBLIGATIONS.] (1) The covered pension plan may
invest funds in bankers acceptances, certificates of deposit,
deposit notes, commercial paper, mortgage participation
certificates and pools, asset backed securities, repurchase
agreements and reverse repurchase agreements, guaranteed
investment contracts, savings accounts, and guaranty fund
certificates, surplus notes, or debentures of domestic mutual
insurance companies if they conform to the following provisions:

(i) bankers acceptances and deposit notes of United States
banks are limited to those issued by banks rated in the highest
four quality categories by a nationally recognized rating
agency;

(ii) certificates of deposit are limited to those issued by
(A) United States banks and savings institutions that are rated
in the highest four quality categories by a nationally
recognized rating agency or whose certificates of deposit are
fully insured by federal agencies; or (B) credit unions in
amounts up to the limit of insurance coverage provided by the
National Credit Union Administration;

(iii) commercial paper is limited to those issued by United
States corporations or their Canadian subsidiaries and rated in
the highest two quality categories by a nationally recognized
rating agency;

(iv) mortgage participation or pass through certificates
evidencing interests in pools of first mortgages or trust deeds
on improved real estate located in the United States where the
loan to value ratio for each loan as calculated in accordance
with section 61A.28, subdivision 3, does not exceed 80 percent
for fully amortizable residential properties and in all other
respects meets the requirements of section 61A.28, subdivision
3;

(v) collateral for repurchase agreements and reverse
repurchase agreements is limited to letters of credit and
securities authorized in this section;

(vi) guaranteed investment contracts are limited to those
issued by insurance companies or banks rated in the top four
quality categories by a nationally recognized rating agency or
to alternative guaranteed investment contracts where the
underlying assets comply with the requirements of this
subdivision;

(vii) savings accounts are limited to those fully insured
by federal agencies; and

(viii) asset backed securities must be rated in the top
four quality categories by a nationally recognized rating agency.

(2) Sections 16A.58, 16C.03, subdivision 4, and 16C.05 do
not apply to certificates of deposit and collateralization
agreements executed by the covered pension plan under clause
(1), item (ii).

(3) In addition to investments authorized by clause (1),
item (iv), the covered pension plan may purchase from the
Minnesota Housing Finance Agency all or any part of a pool of
residential mortgages, not in default, that has previously been
financed by the issuance of bonds or notes of the agency. The
covered pension plan may also enter into a commitment with the
agency, at the time of any issue of bonds or notes, to purchase
at a specified future date, not exceeding 12 years from the date
of the issue, the amount of mortgage loans then outstanding and
not in default that have been made or purchased from the
proceeds of the bonds or notes. The covered pension plan may
charge reasonable fees for any such commitment and may agree to
purchase the mortgage loans at a price sufficient to produce a
yield to the covered pension plan comparable, in its judgment,
to the yield available on similar mortgage loans at the date of
the bonds or notes. The covered pension plan may also enter
into agreements with the agency for the investment of any
portion of the funds of the agency. The agreement must cover
the period of the investment, withdrawal privileges, and any
guaranteed rate of return.

(f) [CORPORATE STOCKS.] The covered pension plan may
invest funds in stocks or convertible issues of any corporation
organized under the laws of the United States or the states
thereof, the Dominion of Canada or its provinces, or any
corporation listed on the New York Stock Exchange or the
American Stock Exchange, if they conform to the following
provisions:

(1) the aggregate value of corporate stock investments, as
adjusted for realized profits and losses, must not exceed 85
percent of the market or book value, whichever is less, of a
fund, less the aggregate value of investments according to
deleted text begin subdivision 6 deleted text end new text begin paragraph (g) new text end ;

(2) investments must not exceed five percent of the total
outstanding shares of any one corporation.

(g) [OTHER INVESTMENTS.] (1) In addition to the
investments authorized in paragraphs (b) to (f), and subject to
the provisions in clause (2), the covered pension plan may
invest funds in:

(i) venture capital investment businesses through
participation in limited partnerships and corporations;

(ii) real estate ownership interests or loans secured by
mortgages or deeds of trust through investment in limited
partnerships, bank sponsored collective funds, trusts, and
insurance company commingled accounts, including separate
accounts;

(iii) regional and mutual funds through bank sponsored
collective funds and open-end investment companies registered
under the Federal Investment Company Act of 1940;

(iv) resource investments through limited partnerships,
private placements, and corporations; and

(v) international securities.

(2) The investments authorized in clause (1) must conform
to the following provisions:

(i) the aggregate value of all investments made according
to clause (1) may not exceed 35 percent of the market value of
the fund for which the covered pension plan is investing;

(ii) there must be at least four unrelated owners of the
investment other than the state board for investments made under
clause (1), item (i), (ii), (iii), or (iv);

(iii) covered pension plan participation in an investment
vehicle is limited to 20 percent thereof for investments made
under clause (1), item (i), (ii), (iii), or (iv); and

(iv) covered pension plan participation in a limited
partnership does not include a general partnership interest or
other interest involving general liability. The covered pension
plan may not engage in any activity as a limited partner which
creates general liability.

Sec. 67.

Minnesota Statutes 2004, section 422A.01,
subdivision 11, is amended to read:

Subd. 11.

Employee.

"Employee" means deleted text begin any deleted text end new text begin a new text end person new text begin who is
new text end not exempted from the contributing class deleted text begin pursuant to deleted text end new text begin under
new text end section 422A.09, subdivision 3, who deleted text begin is deleted text end new text begin was new text end employed new text begin before July
1, 1979, new text end by and paid, in whole or in part, by the city or any of
its boards, departments, or commissions, operated as a
department of city government or independently if financed in
whole or in part by city funds, including deleted text begin any deleted text end new text begin a new text end person new text begin who was
new text end employed by a public corporation as herein defined, deleted text begin and
including any deleted text end new text begin a new text end person new text begin who was new text end employed new text begin before July 1, 1979, new text end by
Special School District No. 1, new text begin and new text end who is not a member of any
other retirement system, and deleted text begin also including any deleted text end new text begin a new text end person who deleted text begin is
deleted text end new text begin was new text end employed new text begin before July 1, 1973, new text end by the county of Hennepin, who
was entitled by law to elect and has elected to retain
membership in the deleted text begin municipal deleted text end new text begin Minneapolis new text end Employees Retirement
Fund and who makes any required member contributions to the fund
new text begin and who remains so employed new text end .

Sec. 68.

Minnesota Statutes 2004, section 422A.06,
subdivision 7, is amended to read:

Subd. 7.

Disability benefit fund.

(a) deleted text begin The required
reserves for disability allowances which become effective after
December 31, 1973, shall be transferred from the deposit
accumulation fund to the deleted text end new text begin A new text end disability benefit fund new text begin is
established, containing the required reserves for disability
allowances under this chapter new text end . A proportionate share of income
from investments deleted text begin shall deleted text end new text begin must new text end be allocated to this fund.
There deleted text begin shall deleted text end new text begin must new text end be paid from this fund the disability
allowances deleted text begin which become effective after December 31, 1973
deleted text end new text begin payable under this chapter new text end .

(b) In the event of new text begin the new text end termination of any disability
allowance for any reason other than the death of the recipient,
the balance of the required reserves for the disability
allowance as of the date of new text begin the new text end termination deleted text begin shall deleted text end new text begin must new text end be
transferred from the disability benefit fund to the deposit
accumulation fund.

(c) At the end of each fiscal year, as part of the annual
actuarial valuation, a determination deleted text begin shall deleted text end new text begin must new text end be made of the
required reserves for all disability allowances being paid from
the disability benefit fund. Any excess of assets over
actuarial required reserves in the disability benefit fund deleted text begin shall
deleted text end new text begin must new text end be transferred to the deposit accumulation fund. Any
excess of actuarial reserves over assets in the disability
benefit fund deleted text begin shall deleted text end new text begin must new text end be funded by a transfer of the
appropriate amount of assets from the deposit accumulation fund.

Sec. 69.

Minnesota Statutes 2004, section 422A.10,
subdivision 1, is amended to read:

Subdivision 1.

new text begin member new text end contribution deleted text begin rate deleted text end new text begin ; deductions new text end .

new text begin (a)
new text end There deleted text begin shall deleted text end new text begin must new text end be deducted and withheld from the basic salary,
pay or compensation of each employee in the contributing class deleted text begin ,
prior to January 1, 1980 an amount equal to 7-1/4 percent, after
December 31, 1979 but prior to January 1, 1981 an amount equal
to 8-1/4 percent and after December 31, 1980 deleted text end an amount equal to
9-1/4 percent of such salary, pay or compensation, except as
hereinafter provided.

new text begin (b) new text end The retirement board may increase the percentage rate
of contribution to the retirement fund of any employee or
employees for the purpose of establishing and maintaining on an
actuarial basis a plan of insurance, survivors' benefits, or
other type of benefit or benefits, the cost of which deleted text begin shall deleted text end new text begin must
new text end be paid out of such extra percentage so authorized and deducted
from the employee's compensation, except as hereinafter
provided. Any plan or plans so established and placed in
operation may be amended from time to time, or may be abandoned,
but if abandoned, any surplus remaining from the operation of a
plan deleted text begin shall deleted text end new text begin must new text end be the property of the fund, and deleted text begin shall deleted text end new text begin must new text end be
credited to the reserve for loss in investment account.

Sec. 70.

Minnesota Statutes 2004, section 422A.10,
subdivision 2, is amended to read:

Subd. 2.

deleted text begin consent to deductions deleted text end new text begin mandatory member
contributions new text end .

Every employee to whom deleted text begin sections 422A.01 to
422A.25 deleted text end new text begin this chapter new text end applies deleted text begin who shall continue in the service
after the passage of Laws 1919, chapter 522, as well as every
person to whom sections 422A.01 to 422A.25 applies who may
hereafter be appointed to a position or place, shall be deleted text end new text begin is
new text end deemed to consent and agree to the deductions made and provided
for herein, and payment with such reductions, for service, deleted text begin shall
be deleted text end new text begin are new text end a full and complete discharge and acquittance of all
claims and demands for all services rendered by such person
during the period covered by such payment; except the person's
claim to the benefits to which the person may be entitled under
the provisions of deleted text begin sections 422A.01 to 422A.25 deleted text end new text begin this chapter new text end .

Sec. 71.

Minnesota Statutes 2004, section 422A.22,
subdivision 1, is amended to read:

Subdivision 1.

Retention; transfer.

new text begin (a) new text end If an employee
to whom deleted text begin sections 422A.01 to 422A.25 deleted text end new text begin this chapter new text end applies becomes
absolutely separated from deleted text begin the deleted text end new text begin active new text end service deleted text begin prior to deleted text end new text begin before
new text end attaining the minimum retirement age established in section
422A.13, new text begin the employee is entitled to a refund of new text end the net
accumulated amount of deduction from salary, pay, or
compensation, made for the purpose of accumulating a fund from
which to pay retirement allowances, deleted text begin shall be returned to such
employee, deleted text end with interest new text begin at the annual compound rate of six
percent new text end .

new text begin (b) new text end Any contributing employee who separates from a
department, board or commission of the city whose employees are
covered by a fund organized under deleted text begin sections 422A.01 to 422A.25
deleted text end new text begin this chapter new text end , and becomes an employee of a department or board
of the same city, whose employees are covered by a retirement
fund or relief association by whatever name known, organized
under any other law and supported in whole or in part by taxes
on the same city, deleted text begin shall have deleted text end new text begin has new text end the option of:

(1) retaining their membership in the fund organized under
deleted text begin sections 422A.01 to 422A.25 deleted text end new text begin this chapter new text end , regardless of the
provisions of any law, rule, bylaw or other action requiring
membership in any other retirement fund or relief association
however organized deleted text begin . deleted text end new text begin ; or
new text end

(2) transferring to the fund or association covering the
employees of the department or board to which they are
transferring, providing they are eligible for membership therein.

new text begin (c) new text end Any contributing employee who elects to transfer to
another fund or association as deleted text begin herein deleted text end provided new text begin in paragraph (b),
clause (2) new text end , deleted text begin shall deleted text end new text begin must new text end make such election within one year from
the date of separation from the city service covered by this
fund. If the contributing employee elects to transfer to
another fund deleted text begin as herein provided deleted text end , new text begin the employee is entitled to new text end a
refund of the net accumulated contributions made by such
employee to the fund organized under deleted text begin sections 422A.01 to
422A.25, shall be returned to the employee deleted text end new text begin this chapter new text end with
interest new text begin at the annual compound rate of six percent new text end .

Sec. 72.

Minnesota Statutes 2004, section 422A.22,
subdivision 3, is amended to read:

Subd. 3.

Limitation on eligibility.

No employee of the
city deleted text begin shall be deleted text end new text begin is new text end eligible to be a member of new text begin , new text end or receive benefits
from new text begin , new text end more than one new text begin retirement plan or new text end fund of the city for the
same new text begin period of new text end service.

Sec. 73.

Minnesota Statutes 2004, section 422A.22,
subdivision 4, is amended to read:

Subd. 4.

Death-while-active refund.

(a) Upon the death
of an active member deleted text begin prior to deleted text end new text begin before the employee's new text end termination
of new text begin active new text end service, deleted text begin there shall be paid to deleted text end the beneficiary or
beneficiaries designated by the member on a form specified by
the executive director and filed with the retirement board deleted text begin , deleted text end new text begin are
entitled to receive new text end the net accumulated employee deductions from
salary, pay, or compensation, including interest new text begin under
subdivision 1, paragraph (a), new text end compounded annually to the date of
the member's death. The amount must not include any
contributions made by the employee or on the employee's behalf,
or any interest or investment earnings on those contributions,
which were allocated to the survivor benefit fund under section
422A.06, subdivision 6.

(b) If the employee fails to make a designation, or if the
beneficiary or beneficiaries designated by the employee
predeceases the employee, deleted text begin the benefit specified in paragraph (a)
must be paid to deleted text end the deceased employee's estate new text begin is entitled to
the benefit specified in paragraph (a) new text end .

(c) A benefit payable under this subdivision is in addition
to any applicable survivor benefit under section 422A.23.

Sec. 74.

Minnesota Statutes 2004, section 422A.22,
subdivision 6, is amended to read:

Subd. 6.

Refund; municipal employees retirement fund.

deleted text begin Any deleted text end new text begin A new text end person who has received a refund from the deleted text begin municipal
deleted text end new text begin Minneapolis new text end Employees Retirement Fund, and who is a member of a
public retirement system included in section 422A.16,
subdivision 8, may repay such refund with interest new text begin at a compound
annual rate of 8.5 percent new text end to the deleted text begin municipal deleted text end new text begin Minneapolis
new text end Employees Retirement Fund. If a refund is repaid to the fund
and new text begin if new text end more than one refund has been received from the fund, all
refunds must be repaid. Repayment deleted text begin shall deleted text end new text begin must new text end be made as
provided in deleted text begin sections 422A.01 to 422A.25 deleted text end new text begin this chapter new text end .

Sec. 75.

Minnesota Statutes 2004, section 422A.231, is
amended to read:

422A.231 COST ALLOCATION.

(a) Notwithstanding any law to the contrary, all current
and future contribution requirements due to this article are
payable by the participating contributing employing units other
than the state new text begin of Minnesota new text end .

(b) In each actuarial valuation of the retirement fund, the
actuary retained deleted text begin by the Legislative Commission on Pensions and
Retirement deleted text end new text begin under section 356.214 new text end shall include an exhibit on the
impact of the benefit increases contained in this article on the
survivor benefit fund. The actuary shall calculate the expected
change in the present value of the future benefits payable from
the survivor benefit fund attributable to this article, using
the actuarial method and assumptions applicable to the
Minneapolis Employees Retirement Fund, from the prior actuarial
valuation and shall compare that result with the actual change
in the present value of future benefits payable from the
survivor benefit fund attributable to this article from the
prior actuarial valuation.

(c) The executive director shall assess each participating
employer, other than the state new text begin of Minnesota new text end , its proportional
share of the net increase amount calculated under paragraph
(b). The assessment must be made on the first business day of
the following February, plus compound interest at an annual rate
of six percent on the amount from the actuarial valuation date
to the date of payment.

Sec. 76.

Minnesota Statutes 2004, section 422A.24, is
amended to read:

422A.24 ALLOWANCES NOT ASSIGNABLE OR SUBJECT TO PROCESS.

deleted text begin No money payable pursuant to this chapter shall be
assignable either in law or equity or be subject to execution,
levy, attachment, garnishment, or other legal process, except as
provided in section 518.58, 518.581, or 518.6111, nor shall any
of the proceeds of payments due pursuant to this chapter be
subject to the inheritance tax provisions of this state upon
transfer to a surviving spouse or minor or dependent child of
the decedent or a trust for their benefit. deleted text end new text begin The provisions of
section 356.401 apply to the Minneapolis employees retirement
plan.
new text end

Sec. 77.

Minnesota Statutes 2004, section 423B.17, is
amended to read:

423B.17 PAYMENTS EXEMPT FROM PROCESS.

deleted text begin A payment made by the association under a provision of
sections 423B.01 to 423B.18, as amended, is exempt from legal
process except as provided in section 518.58, 518.581, or
518.6111. No person entitled to a payment may assign the same.
The association may not recognize an assignment or pay a sum on
account of an assignment. deleted text end new text begin The provisions of section 356.401
apply to the Minneapolis Police Relief Association.
new text end

Sec. 78.

Minnesota Statutes 2004, section 423C.09, is
amended to read:

423C.09 PAYMENTS EXEMPT FROM PROCESS.

deleted text begin All payments made, or to be made, by the association under
this chapter shall be totally exempt from garnishment,
execution, or other legal process, except as provided in section
518.58, 518.581, or 518.6111. No person entitled to a payment
shall have the right to assign the name, nor shall the
association have authority to recognize any assignment or to pay
any sum on account thereof. Any attempt to transfer any right
or claim, or any part thereof, shall be void. deleted text end new text begin The provisions of
section 356.401 apply to the Minneapolis Firefighters Relief
Association.
new text end

Sec. 79.

Minnesota Statutes 2004, section 490.126,
subdivision 5, is amended to read:

Subd. 5.

Exemption from process; no assignment.

deleted text begin None of
the money, annuities, or other benefits provided in this chapter
is assignable either in law or equity or is subject to
execution, levy, attachment, garnishment, or other legal
process, except as provided in section 518.58, 518.581, or
518.6111. deleted text end new text begin The provisions of section 356.401 apply to the judges
retirement plan.
new text end

Sec. 80. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In the next edition and subsequent editions of Minnesota
Statutes, the revisor of statutes shall replace the reference to
"sections 422A.01 to 422A.25" with the reference to "this
chapter" wherever the reference appears in Minnesota Statutes,
chapter 422A.
new text end

Sec. 81. new text begin REPEALER.
new text end

new text begin (a) Minnesota Statutes 2004, section 352.119, subdivision
1, is repealed.
new text end

new text begin (b) Minnesota Statutes 2004, sections 353.34, subdivision
3b; 353.36, subdivisions 2, 2a, 2b, and 2c; 353.46, subdivision
4; 353.663; 353.74; and 353.75, are repealed.
new text end

new text begin (c) Minnesota Statutes 2004, section 354.59, is repealed.
new text end

new text begin (d) Minnesota Statutes 2004, sections 422A.22, subdivisions
2 and 5; and 422A.221, are repealed.
new text end

new text begin (e) Minnesota Statutes 2004, sections 352.15, subdivision
1a; 353.15, subdivision 2; and 354.10, subdivision 2, are
repealed.
new text end

Sec. 82. new text begin EFFECTIVE DATE.
new text end

new text begin (a) Sections 1 to 73 and 75 to 81 are effective July 1,
2005.
new text end

new text begin (b) Section 74 is effective January 1, 2006.
new text end

new text begin (c) Sections 1, 21, 22, 23, 29, 45, 46, 53, 64, 76, 77, 78,
79, and 81, paragraph (e), do not apply to any cause of action
that is proceeding on the date of enactment or to any cause of
action for which the applicable statute of limitations has not
expired as of the date of enactment.
new text end

ARTICLE 13

LOCAL RETIREMENT PLANS

Section 1.

Minnesota Statutes 2004, section 356.215,
subdivision 8, is amended to read:

Subd. 8.

Interest and salary assumptions.

(a) The
actuarial valuation must use the applicable following
preretirement interest assumption and the applicable following
postretirement interest assumption:

preretirement postretirement
interest rate interest rate
plan assumption assumption
general state employees
retirement plan 8.5% 6.0%
correctional state employees
retirement plan 8.5 6.0
State Patrol retirement plan 8.5 6.0
legislators retirement plan 8.5 6.0
elective state officers
retirement plan 8.5 6.0
judges retirement plan 8.5 6.0
general public employees
retirement plan 8.5 6.0
public employees police and fire
retirement plan 8.5 6.0
local government correctional
service retirement plan 8.5 6.0
teachers retirement plan 8.5 6.0
Minneapolis employees
retirement plan 6.0 5.0
Duluth teachers retirement plan 8.5 8.5
Minneapolis teachers retirement
plan 8.5 8.5
St. Paul teachers retirement
plan 8.5 8.5
Minneapolis Police Relief
Association 6.0 6.0
Fairmont Police Relief
Association 5.0 5.0
Minneapolis Fire Department
Relief Association 6.0 6.0
Virginia Fire Department
Relief Association 5.0 5.0
new text begin Bloomington Fire Department
Relief Association new text end new text begin 6.0 new text end new text begin 6.0
new text end local monthly benefit volunteer
firefighters relief associations 5.0 5.0

(b) The actuarial valuation must use the applicable
following single rate future salary increase assumption, the
applicable following modified single rate future salary increase
assumption, or the applicable following graded rate future
salary increase assumption:

(1) single rate future salary increase assumption

future salary
plan increase assumption
legislators retirement plan 5.0%
elective state officers retirement
plan 5.0
judges retirement plan 5.0
Minneapolis Police Relief Association 4.0
Fairmont Police Relief
Association 3.5
Minneapolis Fire Department Relief
Association 4.0
Virginia Fire Department
Relief Association 3.5

new text begin Bloomington Fire Department Relief
new text end

new text begin Association new text end new text begin 4.0
new text end

(2) modified single rate future salary increase assumption

future salary
plan increase assumption
Minneapolis employees the prior calendar year
retirement plan amount increased first by
1.0198 percent to prior
fiscal year date and
then increased by 4.0
percent annually for
each future year

(3) select and ultimate future salary increase assumption
or graded rate future salary increase assumption

future salary
plan increase assumption
general state employees select calculation and
retirement plan assumption A
correctional state employees
retirement plan assumption H
State Patrol retirement plan assumption H
general public employees select calculation and
retirement plan assumption B
public employees police and fire
fund retirement plan assumption C
local government correctional service
retirement plan assumption H
teachers retirement plan assumption D
Duluth teachers retirement plan assumption E
Minneapolis teachers retirement plan assumption F
St. Paul teachers retirement plan assumption G

The select calculation is:
during the ten-year select period, a designated percent
is multiplied by the result of ten minus T, where T is
the number of completed years of service, and is added
to the applicable future salary increase assumption. The
designated percent is 0.2 percent for the correctional state
employees retirement plan, the State Patrol retirement
plan, the public employees police and fire plan, and the
local government correctional service plan; 0.3 percent
for the general state employees retirement plan, the
general public employees retirement plan, the teachers
retirement plan, the Duluth Teachers Retirement Fund
Association, and the St. Paul Teachers Retirement Fund
Association; and 0.4 percent for the Minneapolis Teachers
Retirement Fund Association.

The ultimate future salary increase assumption is:

age A B C D E F G H
16 6.95% 6.95% 11.50% 8.20% 8.00% 6.50% 6.90% 7.7500
17 6.90 6.90 11.50 8.15 8.00 6.50 6.90 7.7500
18 6.85 6.85 11.50 8.10 8.00 6.50 6.90 7.7500
19 6.80 6.80 11.50 8.05 8.00 6.50 6.90 7.7500
20 6.75 6.40 11.50 6.00 6.90 6.50 6.90 7.7500
21 6.75 6.40 11.50 6.00 6.90 6.50 6.90 7.1454
22 6.75 6.40 11.00 6.00 6.90 6.50 6.90 7.0725
23 6.75 6.40 10.50 6.00 6.85 6.50 6.85 7.0544
24 6.75 6.40 10.00 6.00 6.80 6.50 6.80 7.0363
25 6.75 6.40 9.50 6.00 6.75 6.50 6.75 7.0000
26 6.75 6.36 9.20 6.00 6.70 6.50 6.70 7.0000
27 6.75 6.32 8.90 6.00 6.65 6.50 6.65 7.0000
28 6.75 6.28 8.60 6.00 6.60 6.50 6.60 7.0000
29 6.75 6.24 8.30 6.00 6.55 6.50 6.55 7.0000
30 6.75 6.20 8.00 6.00 6.50 6.50 6.50 7.0000
31 6.75 6.16 7.80 6.00 6.45 6.50 6.45 7.0000
32 6.75 6.12 7.60 6.00 6.40 6.50 6.40 7.0000
33 6.75 6.08 7.40 6.00 6.35 6.50 6.35 7.0000
34 6.75 6.04 7.20 6.00 6.30 6.50 6.30 7.0000
35 6.75 6.00 7.00 6.00 6.25 6.50 6.25 7.0000
36 6.75 5.96 6.80 6.00 6.20 6.50 6.20 6.9019
37 6.75 5.92 6.60 6.00 6.15 6.50 6.15 6.8074
38 6.75 5.88 6.40 5.90 6.10 6.50 6.10 6.7125
39 6.75 5.84 6.20 5.80 6.05 6.50 6.05 6.6054
40 6.75 5.80 6.00 5.70 6.00 6.50 6.00 6.5000
41 6.75 5.76 5.90 5.60 5.90 6.50 5.95 6.3540
42 6.75 5.72 5.80 5.50 5.80 6.50 5.90 6.2087
43 6.65 5.68 5.70 5.40 5.70 6.50 5.85 6.0622
44 6.55 5.64 5.60 5.30 5.60 6.50 5.80 5.9048
45 6.45 5.60 5.50 5.20 5.50 6.50 5.75 5.7500
46 6.35 5.56 5.45 5.10 5.40 6.40 5.70 5.6940
47 6.25 5.52 5.40 5.00 5.30 6.30 5.65 5.6375
48 6.15 5.48 5.35 5.00 5.20 6.20 5.60 5.5822
49 6.05 5.44 5.30 5.00 5.10 6.10 5.55 5.5404
50 5.95 5.40 5.25 5.00 5.00 6.00 5.50 5.5000
51 5.85 5.36 5.25 5.00 5.00 5.90 5.45 5.4384
52 5.75 5.32 5.25 5.00 5.00 5.80 5.40 5.3776
53 5.65 5.28 5.25 5.00 5.00 5.70 5.35 5.3167
54 5.55 5.24 5.25 5.00 5.00 5.60 5.30 5.2826
55 5.45 5.20 5.25 5.00 5.00 5.50 5.25 5.2500
56 5.35 5.16 5.25 5.00 5.00 5.40 5.20 5.2500
57 5.25 5.12 5.25 5.00 5.00 5.30 5.15 5.2500
58 5.25 5.08 5.25 5.10 5.00 5.20 5.10 5.2500
59 5.25 5.04 5.25 5.20 5.00 5.10 5.05 5.2500
60 5.25 5.00 5.25 5.30 5.00 5.00 5.00 5.2500
61 5.25 5.00 5.25 5.40 5.00 5.00 5.00 5.2500
62 5.25 5.00 5.25 5.50 5.00 5.00 5.00 5.2500
63 5.25 5.00 5.25 5.60 5.00 5.00 5.00 5.2500
64 5.25 5.00 5.25 5.70 5.00 5.00 5.00 5.2500
65 5.25 5.00 5.25 5.70 5.00 5.00 5.00 5.2500
66 5.25 5.00 5.25 5.70 5.00 5.00 5.00 5.2500
67 5.25 5.00 5.25 5.70 5.00 5.00 5.00 5.2500
68 5.25 5.00 5.25 5.70 5.00 5.00 5.00 5.2500
69 5.25 5.00 5.25 5.70 5.00 5.00 5.00 5.2500
70 5.25 5.00 5.25 5.70 5.00 5.00 5.00 5.2500
71 5.25 5.00 5.70

(c) The actuarial valuation must use the applicable
following payroll growth assumption for calculating the
amortization requirement for the unfunded actuarial accrued
liability where the amortization retirement is calculated as a
level percentage of an increasing payroll:

payroll growth
plan assumption
general state employees retirement plan 5.00%
correctional state employees retirement plan 5.00
State Patrol retirement plan 5.00
legislators retirement plan 5.00
elective state officers retirement plan 5.00
judges retirement plan 5.00
general public employees retirement plan 6.00
public employees police and fire
retirement plan 6.00
local government correctional service
retirement plan 6.00
teachers retirement plan 5.00
Duluth teachers retirement plan 5.00
Minneapolis teachers retirement plan 5.00
St. Paul teachers retirement plan 5.00

Sec. 2.

Minnesota Statutes 2004, section 356.216, is
amended to read:

356.216 CONTENTS OF ACTUARIAL VALUATIONS FOR LOCAL POLICE
AND FIRE FUNDS.

(a) The provisions of section 356.215 that govern the
contents of actuarial valuations must apply to any local police
or fire pension fund or relief association required to make an
actuarial report under this section, except as follows:

(1) in calculating normal cost and other requirements, if
required to be expressed as a level percentage of covered
payroll, the salaries used in computing covered payroll must be
the maximum rate of salary on which retirement and survivorship
credits and amounts of benefits are determined and from which
any member contributions are calculated and deducted;

(2) in lieu of the amortization date specified in section
356.215, subdivision 11, the appropriate amortization target
date specified in section 69.77, subdivision 4, or 69.773,
subdivision 4, clause (c), must be used in calculating any
required amortization contribution new text begin , except that if the actuarial
report for the Bloomington Fire Department Relief Association
indicates an unfunded actuarial accrued liability, the unfunded
obligation is to be amortized on a level dollar basis by
December 31 of the year occurring 20 years later, and if
subsequent actuarial valuations for the Bloomington Fire
Department Relief Association determine a net actuarial
experience loss incurred during the year which ended as of the
day before the most recent actuarial valuation date, any
unfunded liability due to that loss is to be amortized on a
level dollar basis by December 31 of the year occurring 20 years
later new text end ;

(3) in addition to the tabulation of active members and
annuitants provided for in section 356.215, subdivision 13, the
member contributions for active members for the calendar year
and the prospective annual retirement annuities under the
benefit plan for active members must be reported;

(4) actuarial valuations required under section 69.773,
subdivision 2, must be made at least every four years and
actuarial valuations required under section 69.77 shall be made
annually;

(5) the actuarial balance sheet showing accrued assets
valued at market value if the actuarial valuation is required to
be prepared at least every four years or valued as current
assets under section 356.215, subdivision 1, clause (6), or
paragraph (b), whichever applies, if the actuarial valuation is
required to be prepared annually, actuarial accrued liabilities,
and the unfunded actuarial accrued liability must include the
following required reserves:

(i) For active members
1. Retirement benefits
2. Disability benefits
3. Refund liability due to death or withdrawal
4. Survivors' benefits
(ii) For deferred annuitants' benefits
(iii) For former members without vested rights
(iv) For annuitants
1. Retirement annuities
2. Disability annuities
3. Surviving spouses' annuities
4. Surviving children's annuities

In addition to those required reserves, separate items must
be shown for additional benefits, if any, which may not be
appropriately included in the reserves listed above; and

(6) actuarial valuations are due by the first day of the
seventh month after the end of the fiscal year which the
actuarial valuation covers.

(b) For the Minneapolis Firefighters Relief Association or
the Minneapolis Police Relief Association, the following
provisions additionally apply:

(1) in calculating the actuarial balance sheet, unfunded
actuarial accrued liability, and amortization contribution of
the relief association, "current assets" means the value of all
assets at cost, including realized capital gains and losses,
plus or minus, whichever applies, the average value of total
unrealized capital gains or losses for the most recent
three-year period ending with the end of the plan year
immediately preceding the actuarial valuation report
transmission date; and

(2) in calculating the applicable portions of the actuarial
valuation, an annual preretirement interest assumption of six
percent, an annual postretirement interest assumption of six
percent, and an annual salary increase assumption of four
percent must be used.

Sec. 3. new text begin AURORA, BIWABIK CITY, HOYT LAKES, AND PALO
VOLUNTEER FIREFIGHTER RELIEF ASSOCIATIONS; CONSOLIDATION.
new text end

new text begin (a) This section applies to consolidation of any
combination of two or more of the following volunteer
firefighter relief associations: Aurora, Biwabik City, Hoyt
Lakes, and Palo.
new text end

new text begin (b) Notwithstanding Minnesota Statutes, section 424B.10,
subdivision 1, paragraph (a), the service pension to be paid by
the relief association existing after the consolidation is as
follows:
new text end

new text begin (1) for the service rendered by each individual volunteer
firefighter before the effective date of the consolidation, the
service pension amount is the amount payable to that volunteer
firefighter under the articles of incorporation or bylaws of the
consolidating volunteer firefighters relief association that the
firefighter was a member of immediately before the
consolidation;
new text end

new text begin (2) for the service rendered after the effective date of
the consolidation, the service pension amount is the highest
dollar amount service pension of any of the consolidating
volunteer firefighters relief associations under the articles of
incorporation or bylaws in effect immediately before the
consolidation; and
new text end

new text begin (3) after consolidation, increases in the amounts
established in clauses (1) and (2) may be implemented if
consistent with applicable requirements of Minnesota Statutes,
chapters 69 and 424A.
new text end

Sec. 4. new text begin EVELETH RETIRED POLICE AND FIRE TRUST FUND; AD
HOC POSTRETIREMENT ADJUSTMENT.
new text end

new text begin (a) In addition to the current pensions and other
retirement benefits payable, the pensions and retirement
benefits payable to retired police officers and firefighters and
their surviving spouses by the Eveleth police and fire trust
fund are increased by $100 per month. Increases are retroactive
from January 1, 2005.
new text end

new text begin (b) Following the January 1, 2005, effective date of the
benefit increase provided under paragraph (a), every two years
thereafter, to be effective no earlier than the applicable
January 1, the city council of the city of Eveleth is authorized
to provide permanent, uniform benefit increases, not less than
$10 per month nor to exceed $100 per month, to any remaining
retirees and survivors receiving benefits from the Eveleth
police and fire trust fund. Any given benefit improvement under
this paragraph is not effective unless the city council passes a
resolution approving the increase.
new text end

new text begin (c) Within 30 days following the approval of a resolution
under paragraph (b), the chief administrative officer of the
city of Eveleth shall file a copy of the resolution with the
executive director of the Legislative Commission on Pensions and
Retirement, with the chair of the house Governmental Operations
and Veterans Affairs Committee, and with the chair of the senate
State and Local Government Operations Committee. Along with a
copy of the resolution, the city's chief administrative officer
must send a statement indicating the age of each benefit
recipient and the retirement benefit or survivor benefit being
received before and after the benefit increase.
new text end

Sec. 5. new text begin MAPLEWOOD AND OAKDALE VOLUNTEER FIREFIGHTER
RELIEF ASSOCIATIONS; TRANSFER OF ASSETS.
new text end

new text begin Notwithstanding any limitations in Minnesota Statutes,
section 424A.02, subdivision 13, or any other provision of law
to the contrary, if an agreement between the affected relief
associations and cities is reached as provided in this section,
the Maplewood Firefighters Relief Association may transfer
assets from its special fund to the Oakdale Fire Department
Relief Association representing the value of the accumulated
service credit for the current members of the Oakdale Fire
Department Relief Association who are currently eligible to
receive a combined service pension for firefighter service in
both associations. The transfer of the assets from the
Maplewood Firefighters Relief Association to the Oakdale Fire
Department Relief Association must be in an amount representing
the cumulative value of the service credit earned by the members
of the Oakdale Fire Department Relief Association who are
currently eligible to receive a combined service pension for
firefighting service in both associations for the service credit
that they accrued while working for the Maplewood Fire
Department. The amount of the assets, liabilities, and service
credit to be transferred must be specified in a joint agreement
negotiated by the secretaries of the two relief associations and
ratified by the boards of trustees of both relief associations
and of the cities of Maplewood and Oakdale. The agreement must
specify by name or other appropriate means the firefighters
affected by the liability, asset, and service credit transfer.
The ratification must be expressed in the form of resolutions
adopted by each entity. The agreements must specify the amount
of assets to be transferred, the amount of liabilities to be
transferred, and the amount of service credit each of the
applicable individuals will receive in the Oakdale Fire
Department Relief Association. Upon the ratification of the
agreement by both relief associations and both cities, the
assets, liabilities, and service credit of the applicable
individuals must be transferred to the Oakdale Fire Department
Relief Association, and the Maplewood Firefighters Relief
Association is relieved of any obligation to the individuals. A
certified copy of the ratified agreement must be filed with the
state auditor and with the secretary of state.
new text end

Sec. 6. new text begin EFFECTIVE DATE; LOCAL APPROVAL.
new text end

new text begin (a) Sections 1 and 2 are effective the day after the date
on which the city council of the city of Bloomington and its
chief clerical officer timely complete their compliance with
Minnesota Statutes, section 645.021, subdivisions 2 and 3.
new text end

new text begin (b) Section 3 is effective the day after the date on which
the city council of the city of Eveleth and its chief clerical
officer timely complete their compliance with Minnesota
Statutes, section 645.021, subdivisions 2 and 3.
new text end

new text begin (c) Section 4 is effective with respect to a volunteer
firefighters relief association listed in column A the day after
the governing body of the municipality listed in column B and
its chief clerical officer timely complete compliance with
Minnesota Statutes, section 645.021, subdivisions 2 and 3.
new text end

new text begin A new text end new text begin B
Aurora new text end new text begin city of Aurora
Biwabik new text end new text begin city of Biwabik
Hoyt Lakes new text end new text begin city of Hoyt Lakes
Palo new text end new text begin town of White
new text end

new text begin (d) Section 5 is effective the day after the governing body
of the city of Maplewood, the governing body of the city of
Oakdale, the Maplewood chief clerical officer, and the Oakdale
chief clerical officer complete their compliance with Minnesota
Statutes, section 645.021, subdivisions 2 and 3.
new text end