HF 2773

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to retirement; Minneapolis Teachers 
  1.3             Retirement Fund Association; transferring the 
  1.4             authority to invest retirement fund assets to the 
  1.5             Minneapolis school district; requiring the investment 
  1.6             of state aid to the retirement fund by the State Board 
  1.7             of Investment; revising the administrative expense 
  1.8             surcharge; requiring additional school district 
  1.9             funding in the event of investment underperformance; 
  1.10            revising the investment-related postretirement 
  1.11            adjustment mechanism to account for the funding 
  1.12            problems of the retirement fund; amending Minnesota 
  1.13            Statutes 2002, sections 354A.021, subdivision 6; 
  1.14            354A.08; 354A.12, subdivisions 3a, 3d, by adding a 
  1.15            subdivision; 354A.28, subdivisions 4, 5, 7, 8, 9; 
  1.16            Minnesota Statutes 2003 Supplement, section 354A.12, 
  1.17            subdivision 3b; proposing coding for new law in 
  1.18            Minnesota Statutes, chapter 354A. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20     Section 1.  Minnesota Statutes 2002, section 354A.021, 
  1.21  subdivision 6, is amended to read: 
  1.22     Subd. 6.  [TRUSTEES' FIDUCIARY OBLIGATION.] (a) The board 
  1.23  of trustees or directors of each the Duluth Teachers Retirement 
  1.24  Fund Association or the St. Paul Teachers Retirement Fund 
  1.25  Association shall administer each the applicable plan and fund 
  1.26  in accordance with the applicable portions of this chapter, of 
  1.27  the articles of incorporation, of the bylaws, and of chapters 
  1.28  356 and 356A.  
  1.29     (b) The board of trustees of the Minneapolis Teachers 
  1.30  Retirement Fund Association shall administer the benefit plan of 
  1.31  the Minneapolis Teachers Retirement Fund Association and the 
  1.32  board of education of the Special School District No. 1, 
  2.1   Minneapolis, shall administer the fund of the Minneapolis 
  2.2   Teachers Retirement Fund Association in accordance with the 
  2.3   applicable portions of this chapter, the articles of 
  2.4   incorporation, bylaws, regulations adopted by the board of 
  2.5   education, and chapters 356 and 356A.  
  2.6      (c) The purpose of this subdivision is to establish each 
  2.7   teachers retirement fund association as a trust under the laws 
  2.8   of the state of Minnesota for all purposes related to section 
  2.9   401(a) of the Internal Revenue Code of the United States, 
  2.10  including all amendments.  
  2.11     Sec. 2.  Minnesota Statutes 2002, section 354A.08, is 
  2.12  amended to read: 
  2.13     354A.08 [AUTHORIZED INVESTMENTS.] 
  2.14     A (a) The board of trustees of the Duluth Teachers 
  2.15  Retirement Fund Association, the board of trustees of the St. 
  2.16  Paul Teachers Retirement Fund Association, and the board of 
  2.17  education of Special School District No. 1, Minneapolis, with 
  2.18  respect to the Minneapolis Teachers Retirement Fund Association, 
  2.19  may receive, hold, and dispose of real estate or personal 
  2.20  property acquired by it, whether the acquisition was by 
  2.21  purchase, or any other lawful means, as provided in this chapter 
  2.22  or in the association's articles of incorporation. In addition 
  2.23  to other authorized real estate investments, an association may 
  2.24  also invest funds in Minnesota situs nonfarm real estate 
  2.25  ownership interests or loans secured by mortgages or deeds of 
  2.26  trust. 
  2.27     (b) All or a portion of the assets of a first class city 
  2.28  teacher retirement fund association may be invested in the 
  2.29  Minnesota supplemental investment fund under section 11A.17.  
  2.30     Sec. 3.  Minnesota Statutes 2002, section 354A.12, is 
  2.31  amended by adding a subdivision to read: 
  2.32     Subd. 2c.  [REIMBURSEMENT OF CERTAIN INVESTMENT 
  2.33  UNDERPERFORMANCE.] (a) If the report of the state auditor under 
  2.34  section 356.219 indicates that the Minneapolis Teachers 
  2.35  Retirement Fund Association has underperformed the State Board 
  2.36  of Investment basic retirement plans in its investment of the 
  3.1   Minneapolis teachers retirement fund assets, on the first of the 
  3.2   month next following the release of that report, Special School 
  3.3   District No. 1, Minneapolis, shall make a supplementary employer 
  3.4   contribution to the Minnesota Teachers Retirement Fund 
  3.5   Association. 
  3.6      (b) The amount of the supplementary employer contribution 
  3.7   is the amount determined by applying the percentage rate 
  3.8   investment underperformance under paragraph (c) to the market 
  3.9   value of the Minneapolis Teachers Retirement Fund Association as 
  3.10  of the start of the investment performance period covered by the 
  3.11  report of the state auditor.  
  3.12     (c) The Minneapolis Teachers Retirement Fund Association 
  3.13  has underperformed the State Board of Investment if the time 
  3.14  weighted rate of return percentage rate of the Minneapolis 
  3.15  Teachers Retirement Fund Association for the period covered by 
  3.16  the report of the state auditor is less than the time weighted 
  3.17  rate of return percentage rate of the State Board of Investment 
  3.18  basic retirement funds.  
  3.19     Sec. 4.  Minnesota Statutes 2002, section 354A.12, 
  3.20  subdivision 3a, is amended to read: 
  3.21     Subd. 3a.  [SPECIAL DIRECT STATE AID TO FIRST CLASS CITY 
  3.22  TEACHERS RETIREMENT FUND ASSOCIATIONS.] (a) In fiscal year 1998, 
  3.23  the state shall pay $4,827,000 to the St. Paul Teachers 
  3.24  Retirement Fund Association, $17,954,000 to the Minneapolis 
  3.25  Teachers Retirement Fund Association, and $486,000 to the Duluth 
  3.26  Teachers Retirement Fund Association.  In each subsequent fiscal 
  3.27  year, these payments the state shall pay to the first class city 
  3.28  teachers retirement fund associations must be $2,827,000 
  3.29  $2,967,000 for the St. Paul, $12,954,000 Teachers Retirement 
  3.30  Fund Association and $13,300,000 for the Minneapolis, and 
  3.31  $486,000 for Duluth Teachers Retirement Fund Association. 
  3.32     (b) The direct state aids under this subdivision are 
  3.33  payable October 1 annually.  The commissioner of finance shall 
  3.34  pay the direct state aid.  The amount required under this 
  3.35  subdivision is appropriated annually from the general fund to 
  3.36  the commissioner of finance. 
  4.1      (c) The direct state aid for the Minneapolis Teachers 
  4.2   Retirement Fund Association is governed by section 354A.121. 
  4.3      Sec. 5.  Minnesota Statutes 2003 Supplement, section 
  4.4   354A.12, subdivision 3b, is amended to read: 
  4.5      Subd. 3b.  [SPECIAL DIRECT STATE MATCHING AID TO THE 
  4.6   MINNEAPOLIS TEACHERS RETIREMENT FUND ASSOCIATION.] (a) Special 
  4.7   School District No. 1 may make an additional employer 
  4.8   contribution to the Minneapolis Teachers Retirement Fund 
  4.9   Association.  The city of Minneapolis may make a contribution to 
  4.10  the Minneapolis Teachers Retirement Fund Association.  This 
  4.11  contribution may be made by a levy of the board of estimate and 
  4.12  taxation of the city of Minneapolis and the levy, if made, is 
  4.13  classified as that of a special taxing district for purposes of 
  4.14  sections 275.065 and 276.04, and for all other property tax 
  4.15  purposes. 
  4.16     (b) For every $1,000 contributed in equal proportion by 
  4.17  Special School District No. 1 and by the city of Minneapolis to 
  4.18  the Minneapolis teachers retirement fund association under 
  4.19  paragraph (a), the state shall pay to the Minneapolis Teachers 
  4.20  Retirement Fund Association $1,000, but not to exceed $2,500,000 
  4.21  in total in fiscal year 1994.  The superintendent of Special 
  4.22  School District No. 1, the mayor of the city of Minneapolis, and 
  4.23  the executive director of the Minneapolis Teachers Retirement 
  4.24  Fund Association shall jointly certify to the commissioner of 
  4.25  finance the total amount that has been contributed by Special 
  4.26  School District No. 1 and by the city of Minneapolis to the 
  4.27  Minneapolis Teachers Retirement Fund Association.  Any 
  4.28  certification to the commissioner of education must be made 
  4.29  quarterly.  If the total certifications for a fiscal year exceed 
  4.30  the maximum annual direct state matching aid amount in any 
  4.31  quarter, the amount of direct state matching aid payable to the 
  4.32  Minneapolis Teachers Retirement Fund Association must be limited 
  4.33  to the balance of the maximum annual direct state matching aid 
  4.34  amount available.  The amount required under this paragraph, 
  4.35  subject to the maximum direct state matching aid amount, is 
  4.36  appropriated annually to the commissioner of finance.  The state 
  5.1   matching aid is governed by section 354A.121. 
  5.2      (c) The commissioner of finance may prescribe the form of 
  5.3   the certifications required under paragraph (b). 
  5.4      Sec. 6.  Minnesota Statutes 2002, section 354A.12, 
  5.5   subdivision 3d, is amended to read: 
  5.6      Subd. 3d.  [MTRFA AND SPTRFA SUPPLEMENTAL ADMINISTRATIVE 
  5.7   EXPENSE ASSESSMENT.] (a) The active and retired membership of 
  5.8   the Minneapolis Teachers Retirement Fund Association and of the 
  5.9   St. Paul Teachers Retirement Fund Association is responsible for 
  5.10  defraying supplemental administrative expenses other than 
  5.11  investment expenses of the respective teacher retirement fund 
  5.12  association. 
  5.13     (b) Investment expenses of the teachers retirement fund 
  5.14  association are those expenses incurred by or on behalf of the 
  5.15  retirement fund in connection with the investment of the assets 
  5.16  of the retirement fund other than investment security 
  5.17  transaction costs.  Other administrative expenses are all 
  5.18  expenses incurred by or on behalf of the retirement fund for all 
  5.19  other retirement fund functions other than the investment of 
  5.20  retirement fund assets.  Investment and other administrative 
  5.21  expenses must be accounted for using generally accepted 
  5.22  accounting principles and in a manner consistent with the 
  5.23  comprehensive annual financial report of the teachers retirement 
  5.24  fund association for the immediately previous fiscal year under 
  5.25  section 356.20. 
  5.26     (c) Supplemental administrative expenses other than 
  5.27  investment expenses of a first class city teacher retirement 
  5.28  fund association are those expenses for the fiscal year that: 
  5.29     (1) exceed, for the St. Paul Teachers Retirement Fund 
  5.30  Association $443,745, or for the Minneapolis Teacher Retirement 
  5.31  Fund Association $671,513 $428,381, plus, in each case, an 
  5.32  additional amount derived by applying the percentage increase in 
  5.33  the Consumer Price Index for Urban Wage Earners and Clerical 
  5.34  Workers All Items Index published by the Bureau of Labor 
  5.35  Statistics of the United States Department of Labor since July 
  5.36  1, 2001 2004, to the applicable dollar amount; and 
  6.1      (2) for the St. Paul Teachers Retirement Fund Association 
  6.2   only, exceed the amount computed by applying the most recent 
  6.3   percentage of pay administrative expense amount, other than 
  6.4   investment expenses, for the teachers retirement association 
  6.5   governed by chapter 354 to the covered payroll of the respective 
  6.6   teachers retirement fund association for the fiscal year. 
  6.7      (d) The board of trustees of each first class city teachers 
  6.8   retirement fund association shall allocate the total dollar 
  6.9   amount of supplemental administrative expenses other than 
  6.10  investment expenses determined under paragraph (c), clause (2), 
  6.11  among the various active and retired membership groups of the 
  6.12  teachers retirement fund association and shall assess the 
  6.13  various membership groups their respective share of the 
  6.14  supplemental administrative expenses other than investment 
  6.15  expenses, in amounts determined by the board of trustees.  The 
  6.16  supplemental administrative expense assessments must be paid by 
  6.17  the membership group in a manner determined by the board of 
  6.18  trustees of the respective teachers retirement association.  
  6.19  Supplemental administrative expenses payable by the active 
  6.20  members of the pension plan must be picked up by the employer in 
  6.21  accordance with section 356.62. 
  6.22     (e) With respect to the St. Paul Teachers Retirement Fund 
  6.23  Association, the supplemental administrative expense assessment 
  6.24  must be fully disclosed to the various active and retired 
  6.25  membership groups of the teachers retirement fund association.  
  6.26  The chief administrative officer of the St. Paul Teachers 
  6.27  Retirement Fund Association shall prepare a supplemental 
  6.28  administrative expense assessment disclosure notice, which must 
  6.29  include the following: 
  6.30     (1) the total amount of administrative expenses of the St. 
  6.31  Paul Teachers Retirement Fund Association, the amount of the 
  6.32  investment expenses of the St. Paul Teachers Retirement Fund 
  6.33  Association, and the net remaining amount of administrative 
  6.34  expenses of the St. Paul Teachers Retirement Fund Association; 
  6.35     (2) the amount of administrative expenses for the St. Paul 
  6.36  Teachers Retirement Fund Association that would be equivalent to 
  7.1   the teachers retirement association noninvestment administrative 
  7.2   expense level described in paragraph (c); 
  7.3      (3) the total amount of supplemental administrative 
  7.4   expenses required for assessment calculated under paragraph (c); 
  7.5      (4) the portion of the total amount of the supplemental 
  7.6   administrative expense assessment allocated to each membership 
  7.7   group and the rationale for that allocation; 
  7.8      (5) the manner of collecting the supplemental 
  7.9   administrative expense assessment from each membership group, 
  7.10  the number of assessment payments required during the year, and 
  7.11  the amount of each payment or the procedure used to determine 
  7.12  each payment; and 
  7.13     (6) any other information that the chief administrative 
  7.14  officer determines is necessary to fairly portray the manner in 
  7.15  which the supplemental administrative expense assessment was 
  7.16  determined and allocated. 
  7.17     (f) The disclosure notice must be provided annually in the 
  7.18  annual report of the association. 
  7.19     (g) The supplemental administrative expense assessments 
  7.20  must be deposited in the applicable teachers retirement fund 
  7.21  upon receipt. 
  7.22     (h) Any omitted active membership group assessments that 
  7.23  remain undeducted and unpaid to the teachers retirement fund 
  7.24  association for 90 days must be paid by the respective school 
  7.25  district.  The school district may recover any omitted active 
  7.26  membership group assessment amounts that it has previously 
  7.27  paid.  The teachers retirement fund association shall deduct any 
  7.28  omitted retired membership group assessment amounts from the 
  7.29  benefits next payable after the discovery of the omitted amounts.
  7.30     Sec. 7.  [354A.121] [INVESTMENT PROCEDURES FOR STATE AID TO 
  7.31  MINNEAPOLIS TEACHERS RETIREMENT PLAN.] 
  7.32     (a) Notwithstanding any provision of law to the contrary, 
  7.33  special direct state aid to the Minneapolis Teachers Retirement 
  7.34  Fund Association under section 354A.12, subdivision 3a or 3b, 
  7.35  and amortization or supplementary amortization state aid 
  7.36  reallocated to the Minneapolis Teachers Retirement Fund 
  8.1   Association, must be transferred and invested as provided in 
  8.2   this section. 
  8.3      (b) State aid for the Minneapolis Teachers Retirement Fund 
  8.4   Association referenced in paragraph (a) must be transferred to 
  8.5   the executive director of the State Board of Investment for 
  8.6   investment in the Minnesota supplemental investment fund.  The 
  8.7   Minneapolis Teachers Retirement Fund Association state aid 
  8.8   amounts and any investment return obtained on those amounts must 
  8.9   be invested in the income share account unless the executive 
  8.10  director of the State Board of Investment, after appropriate 
  8.11  consultation with the board of education of Special School 
  8.12  District No. 1, Minneapolis, determines that the amount should 
  8.13  be invested in a different account.  The executive director of 
  8.14  the State Board of Investment, after appropriate consultation 
  8.15  with the board of education, may transfer amounts between 
  8.16  accounts in the Minnesota supplemental investment fund.  
  8.17     (c) If the assets of the Minneapolis teachers retirement 
  8.18  fund other than the assets to the credit of the Minneapolis 
  8.19  teachers retirement fund in the Minnesota supplemental 
  8.20  investment fund are insufficient to pay retirement annuities and 
  8.21  benefits that are due and payable or the reasonable and 
  8.22  necessary administrative expenses of the retirement plan that 
  8.23  are due and payable, the executive director of the State Board 
  8.24  of Investment shall transfer the required amount to meet that 
  8.25  insufficiency to the chief administrative officer of the 
  8.26  Minneapolis Teachers Retirement Fund Association. 
  8.27     (d) For purposes of annual actuarial valuations and annual 
  8.28  financial reports, the shares in the Minnesota supplemental 
  8.29  investment fund owned by the Minneapolis teachers retirement 
  8.30  fund must be considered an asset of the Minneapolis teachers 
  8.31  retirement fund.  The shares in the Minnesota supplemental 
  8.32  investment fund owned by the Minneapolis teachers retirement 
  8.33  fund may not be considered an asset of the Minneapolis teachers 
  8.34  retirement fund for purposes of calculating the five-year 
  8.35  annualized rate of investment return under section 354A.28, 
  8.36  subdivision 9.  
  9.1      Sec. 8.  Minnesota Statutes 2002, section 354A.28, 
  9.2   subdivision 4, is amended to read: 
  9.3      Subd. 4.  [MANAGEMENT.] The Minneapolis Teachers Retirement 
  9.4   Fund Association annuity reserve fund must be managed by the 
  9.5   board of trustees education of the Special School District No. 
  9.6   1, Minneapolis Teachers Retirement Fund Association. 
  9.7      Sec. 9.  Minnesota Statutes 2002, section 354A.28, 
  9.8   subdivision 5, is amended to read: 
  9.9      Subd. 5.  [INVESTMENT.] The assets of the annuity reserve 
  9.10  fund must be invested, reinvested, and retained in the 
  9.11  discretion of the board of trustees education of the Special 
  9.12  School District No. 1, Minneapolis Teachers Retirement Fund 
  9.13  Association, in authorized investments under section 11A.24. 
  9.14     Sec. 10.  Minnesota Statutes 2002, section 354A.28, 
  9.15  subdivision 7, is amended to read: 
  9.16     Subd. 7.  [WITHDRAWAL OF MONEY.] If the executive director 
  9.17  of the Minneapolis Teachers Retirement Fund Association 
  9.18  concludes that money is required for the payment of retirement 
  9.19  annuities or benefits, the executive director shall request that 
  9.20  the board of education of Special School District No. 1, 
  9.21  Minneapolis, sell sufficient securities in the reserve fund or 
  9.22  transfer available cash to pay benefits. 
  9.23     Sec. 11.  Minnesota Statutes 2002, section 354A.28, 
  9.24  subdivision 8, is amended to read: 
  9.25     Subd. 8.  [CALCULATION OF POSTRETIREMENT ADJUSTMENTS.] (a) 
  9.26  Annually, after June 30, if the Minneapolis Teachers Retirement 
  9.27  Fund Association has a funding ratio of at least 100 percent, 
  9.28  the board of trustees of the Minneapolis Teachers Retirement 
  9.29  Fund Association shall use the procedures in this subdivision 
  9.30  and subdivision 9 to determine the amount of any postretirement 
  9.31  adjustment under subdivision 9.  
  9.32     (b) The authority to pay the automatic two percent annual 
  9.33  postretirement increase as specified in the articles and bylaws 
  9.34  continues. 
  9.35     Sec. 12.  Minnesota Statutes 2002, section 354A.28, 
  9.36  subdivision 9, is amended to read: 
 10.1      Subd. 9.  [ADDITIONAL INCREASE.] (a) In addition to the 
 10.2   postretirement increases granted under subdivision 8, paragraph 
 10.3   (b), if the Minneapolis Teachers Retirement Fund Association has 
 10.4   a funding ratio of at least 100 percent, an additional 
 10.5   percentage increase must be computed and paid is payable under 
 10.6   this subdivision. 
 10.7      (b) The board of trustees shall determine the number of 
 10.8   annuities or benefit recipients who have been receiving an 
 10.9   annuity or benefit for at least 12 months as of the current June 
 10.10  30.  These recipients are entitled to receive the surplus 
 10.11  investment earnings additional postretirement increase. 
 10.12     (c) Annually, on June 30, the board of trustees of the 
 10.13  teachers retirement fund association shall determine the amount 
 10.14  of reserves in the annuity reserve fund as specified in 
 10.15  subdivision 6. 
 10.16     (d) Annually, on June 30, the board of trustees of the 
 10.17  Minneapolis Teachers Retirement Fund Association shall determine 
 10.18  the five-year annualized rate of return attributable to the 
 10.19  assets in the annuity reserve fund under the formula or formulas 
 10.20  specified in section 11A.04, clause (11) percentage increase 
 10.21  granted to eligible retirees of the Teachers Retirement 
 10.22  Association on the prior January 1, under section 11A.18, 
 10.23  subdivision 9, paragraph (c). 
 10.24     (e) The board of trustees shall determine the amount of 
 10.25  excess five-year annualized rate of return over the 
 10.26  preretirement interest assumption as specified in section 
 10.27  356.215. 
 10.28     (f) (d) The additional increase must be determined by 
 10.29  multiplying the quantity one minus the rate of contribution 
 10.30  deficiency, as specified in the most recent actuarial report of 
 10.31  the actuary retained by the legislative commission on pensions 
 10.32  and retirement, times the rate of return excess as determined in 
 10.33  paragraph (e) is the percentage rate determined under paragraph 
 10.34  (c). 
 10.35     (g) (e) The additional increase is payable to all eligible 
 10.36  annuitants or benefit recipients on January 1 following the June 
 11.1   30 determination date under paragraphs (c) and (d). 
 11.2      Sec. 13.  [EFFECTIVE DATE.] 
 11.3      Sections 1 to 12 are effective July 1, 2004.