Minnesota Legislature
HF 2093
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/23/2005 |
Current Version - as introduced
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A bill for an act
relating to retirement; various statewide and major
local retirement plans; clarifying exemptions from
process and taxation; amending Minnesota Statutes
2004, sections 3A.13; 352.15, subdivisions 1, 3, 4;
352B.071; 353.15, subdivisions 1, 3; 354.10,
subdivisions 1, 3, 4; 422A.24; 423B.17; 423C.09;
490.126, subdivision 5; proposing coding for new law
in Minnesota Statutes, chapter 356; repealing
Minnesota Statutes 2004, sections 352.15, subdivision
1a; 353.15, subdivision 2; 354.10, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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 plandeleted text begin , chapter 3Adeleted 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 352.15,
subdivision 1, is amended to read:
Subdivision 1.
Exemptiondeleted text begin ; exceptionsdeleted 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. 3.
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 authorizenew 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. 4.
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 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. 5.
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. 6.
Minnesota Statutes 2004, section 353.15,
subdivision 1, is amended to read:
Subdivision 1.
Exemptiondeleted text begin ; exceptionsdeleted 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 and to the public employees
police and fire retirement plan.
new text end
Sec. 7.
Minnesota Statutes 2004, section 353.15,
subdivision 3, is amended to read:
Subd. 3.
Payment to public bodies.
Ifnew text begin ,new text end in the judgment
of the executive directornew 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. 8.
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. 9.
Minnesota Statutes 2004, section 354.10,
subdivision 3, is amended to read:
Subd. 3.
Payment to public bodies.
Ifnew text begin ,new text end in the judgment
of the executive directornew 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. 10.
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 beneficiarydeleted text begin ,deleted text end and a new beneficiary is not
designated, the retiree's or member's estate is the beneficiary.
Sec. 11.
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. 12.
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. 13.
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. 14.
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. 15.
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. 16. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, sections 352.15, subdivision 1a;
353.15, subdivision 2; and 354.10, subdivision 2, are repealed.
new text end
Sec. 17. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 16 are effective July 1, 2005.
new text end