HF 2173

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; reclassifying certain 
  1.3             Minnesota state colleges and universities positions as 
  1.4             classified; providing continued pension coverage for 
  1.5             certain employees; amending Minnesota Statutes 1998, 
  1.6             section 354B.21, by adding a subdivision; Minnesota 
  1.7             Statutes 1999 Supplement, sections 43A.08, subdivision 
  1.8             1; and 354C.11, subdivision 3. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.11  43A.08, subdivision 1, is amended to read: 
  1.12     Subdivision 1.  [UNCLASSIFIED POSITIONS.] Unclassified 
  1.13  positions are held by employees who are: 
  1.14     (1) chosen by election or appointed to fill an elective 
  1.15  office; 
  1.16     (2) heads of agencies required by law to be appointed by 
  1.17  the governor or other elective officers, and the executive or 
  1.18  administrative heads of departments, bureaus, divisions, and 
  1.19  institutions specifically established by law in the unclassified 
  1.20  service; 
  1.21     (3) deputy and assistant agency heads and one confidential 
  1.22  secretary in the agencies listed in subdivision 1a and in the 
  1.23  office of strategic and long-range planning; 
  1.24     (4) the confidential secretary to each of the elective 
  1.25  officers of this state and, for the secretary of state, state 
  1.26  auditor, and state treasurer, an additional deputy, clerk, or 
  1.27  employee; 
  2.1      (5) intermittent help employed by the commissioner of 
  2.2   public safety to assist in the issuance of vehicle licenses; 
  2.3      (6) employees in the offices of the governor and of the 
  2.4   lieutenant governor and one confidential employee for the 
  2.5   governor in the office of the adjutant general; 
  2.6      (7) employees of the Washington, D.C., office of the state 
  2.7   of Minnesota; 
  2.8      (8) employees of the legislature and of legislative 
  2.9   committees or commissions; provided that employees of the 
  2.10  legislative audit commission, except for the legislative 
  2.11  auditor, the deputy legislative auditors, and their confidential 
  2.12  secretaries, shall be employees in the classified service; 
  2.13     (9) presidents, vice-presidents, deans, other managers and 
  2.14  professionals in academic and academic support programs, 
  2.15  administrative or service faculty, teachers, customized 
  2.16  trainers, research assistants, and student employees eligible 
  2.17  under terms of the federal Economic Opportunity Act work study 
  2.18  program in the Perpich center for arts education and the 
  2.19  Minnesota state colleges and universities, but not the 
  2.20  custodial, clerical, or maintenance employees, or any 
  2.21  professional employee under the unit described in section 
  2.22  179A.10, subdivision 2, clause (15), other than a customized 
  2.23  trainer, or managerial employee performing duties in connection 
  2.24  with the business administration of these institutions; 
  2.25     (10) officers and enlisted persons in the national guard; 
  2.26     (11) attorneys, legal assistants, and three confidential 
  2.27  employees appointed by the attorney general or employed with the 
  2.28  attorney general's authorization; 
  2.29     (12) judges and all employees of the judicial branch, 
  2.30  referees, receivers, jurors, and notaries public, except 
  2.31  referees and adjusters employed by the department of labor and 
  2.32  industry; 
  2.33     (13) members of the state patrol; provided that selection 
  2.34  and appointment of state patrol troopers must be made in 
  2.35  accordance with applicable laws governing the classified 
  2.36  service; 
  3.1      (14) chaplains employed by the state; 
  3.2      (15) examination monitors and intermittent training 
  3.3   instructors employed by the departments of employee relations 
  3.4   and commerce and by professional examining boards and 
  3.5   intermittent staff employed by the technical colleges for the 
  3.6   administration of practical skills tests and for the staging of 
  3.7   instructional demonstrations; 
  3.8      (16) student workers; 
  3.9      (17) executive directors or executive secretaries appointed 
  3.10  by and reporting to any policy-making board or commission 
  3.11  established by statute; 
  3.12     (18) employees unclassified pursuant to other statutory 
  3.13  authority; 
  3.14     (19) intermittent help employed by the commissioner of 
  3.15  agriculture to perform duties relating to pesticides, 
  3.16  fertilizer, and seed regulation; and 
  3.17     (20) the administrators and the deputy administrators at 
  3.18  the state academies for the deaf and the blind. 
  3.19     Sec. 2.  Minnesota Statutes 1998, section 354B.21, is 
  3.20  amended by adding a subdivision to read: 
  3.21     Subd. 1a.  [PROFESSIONAL UNIT.] This subdivision applies to 
  3.22  a person who is a member of the individual retirement account 
  3.23  plan before the effective date of this section and whose 
  3.24  position is changed from the unclassified to the classified 
  3.25  service by section 43A.08, subdivision 1.  Such a person remains 
  3.26  in the individual retirement account plan while employed in the 
  3.27  position that is changed from the unclassified to the classified 
  3.28  service by section 43A.08, subdivision 1, unless the person 
  3.29  elects within 90 days of the effective date of this section not 
  3.30  to remain in the plan.  The election must be made in a manner 
  3.31  determined by the Minnesota state colleges and universities 
  3.32  system.  The Minnesota state colleges and universities system 
  3.33  must notify affected employees of their rights under this 
  3.34  section.  The election is irrevocable. 
  3.35     Sec. 3.  Minnesota Statutes 1999 Supplement, section 
  3.36  354C.11, subdivision 3, is amended to read: 
  4.1      Subd. 3.  [CONTINUING ELIGIBILITY AUTHORIZATION.] Once a 
  4.2   person qualifies for participation in the supplemental 
  4.3   retirement plan, all subsequent service by the person as an 
  4.4   unclassified employee of the board of trustees in a position or 
  4.5   employment classification listed in subdivision 2, paragraph 
  4.6   (b), is covered by the supplemental retirement plan.  A person 
  4.7   who qualifies for participation in the supplemental retirement 
  4.8   plan before the effective date of this section is covered by the 
  4.9   supplemental retirement plan while employed in a position that 
  4.10  is changed from the unclassified to the classified service by 
  4.11  section 1.