HF 3566

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to retirement; closing St. Paul teachers 
  1.3             retirement fund association to new members and 
  1.4             providing coverage for new hirees by the teachers 
  1.5             retirement association; amending Minnesota Statutes 
  1.6             1996, sections 354.05, subdivision 2; and 354A.011, 
  1.7             subdivision 27; proposing coding for new law in 
  1.8             Minnesota Statutes, chapter 354A. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1996, section 354.05, 
  1.11  subdivision 2, is amended to read: 
  1.12     Subd. 2.  [TEACHER.] (a) "Teacher" means: 
  1.13     (1) a person who renders service as a teacher, supervisor, 
  1.14  principal, superintendent, librarian, nurse, counselor, social 
  1.15  worker, therapist, or psychologist in the public schools of the 
  1.16  state located outside of the corporate limits of the cities of 
  1.17  the first class as those cities were so classified on January 1, 
  1.18  1979, or in independent school district No. 625, St. Paul, if 
  1.19  first hired by that district on or after July 1, 1998, or in the 
  1.20  state colleges and universities system, or in any charitable, 
  1.21  penal, or correctional institutions of a governmental 
  1.22  subdivision, or who is engaged in educational administration in 
  1.23  connection with the state public school system, including the 
  1.24  state colleges and university system, but excluding the 
  1.25  University of Minnesota, whether the position be a public office 
  1.26  or an employment, not including members or officers of any 
  1.27  general governing or managing board or body; 
  2.1      (2) an employee of the teachers retirement association 
  2.2   unless the employee is covered by the Minnesota state retirement 
  2.3   system by virtue of prior employment by the association; or 
  2.4      (3) a person who renders teaching service on a part-time 
  2.5   basis and who also renders other services for a single employing 
  2.6   unit.  In such cases, the executive director shall determine 
  2.7   whether all or none of the combined service is covered by the 
  2.8   association, however a person whose if the teaching service 
  2.9   comprises at least 50 percent of the combined employment salary 
  2.10  is a member of the association for all services with the single 
  2.11  employing unit. 
  2.12     (b) A person who qualifies as a teacher under paragraph 
  2.13  (a), clause (3), is considered to be a teacher for all services 
  2.14  provided to the single employing unit. 
  2.15     The term (c) Teacher does not mean: 
  2.16     (1) an employee described in section 352D.02, subdivision 
  2.17  1a, who is hired after the effective date of Laws 1986, chapter 
  2.18  458; 
  2.19     (2) a person who works for a school or institution as an 
  2.20  independent contractor as defined by the Internal Revenue 
  2.21  Service; 
  2.22     (3) a person employed in subsidized on-the-job training, 
  2.23  work experience or public service employment as an enrollee 
  2.24  under the federal Comprehensive Employment and Training Act from 
  2.25  and after March 30, 1978, unless the person has, as of the later 
  2.26  of March 30, 1978, or the date of employment, sufficient service 
  2.27  credit in the retirement association to meet the minimum vesting 
  2.28  requirements for a deferred retirement annuity, or the employer 
  2.29  agrees in writing on forms prescribed by the executive director 
  2.30  to make the required employer contributions, including any 
  2.31  employer additional contributions, on account of that person 
  2.32  from revenue sources other than funds provided under the federal 
  2.33  Comprehensive Training and Employment Act, or the person agrees 
  2.34  in writing on forms prescribed by the executive director to make 
  2.35  the required employer contribution in addition to the required 
  2.36  employee contribution; 
  3.1      (4) a person holding a part-time adult supplementary 
  3.2   technical college license who renders part-time teaching service 
  3.3   in a technical college if (i) the service is incidental to the 
  3.4   regular nonteaching occupation of the person; and (ii) the 
  3.5   applicable technical college stipulates annually in advance that 
  3.6   the part-time teaching service will not exceed 300 hours in a 
  3.7   fiscal year and retains the stipulation in its records; and 
  3.8   (iii) the part-time teaching service actually does not exceed 
  3.9   300 hours in a fiscal year; or 
  3.10     (5) a person exempt from licensure pursuant to section 
  3.11  125.031. 
  3.12     Sec. 2.  Minnesota Statutes 1996, section 354A.011, 
  3.13  subdivision 27, is amended to read: 
  3.14     Subd. 27.  [TEACHER.] (a) "Teacher" means any person who 
  3.15  renders service in a public school district located in the 
  3.16  corporate limits of one of the cities of the first class which 
  3.17  was so classified on January 1, 1979, as any of the following: 
  3.18     (a) (1) a full-time employee in a position for which a 
  3.19  valid license from the state department of children, families, 
  3.20  and learning is required; 
  3.21     (b) (2) an employee of the teachers retirement fund 
  3.22  association located in the city of the first class unless the 
  3.23  employee has exercised the option pursuant to under Laws 1955, 
  3.24  chapter 10, section 1, to retain membership in the Minneapolis 
  3.25  employees retirement fund established pursuant to under chapter 
  3.26  422A; 
  3.27     (c) (3) a part-time employee in a position for which a 
  3.28  valid license from the state department of children, families, 
  3.29  and learning is required; or 
  3.30     (d) (4) a part-time employee in a position for which a 
  3.31  valid license from the state department of children, families, 
  3.32  and learning is required who also renders other nonteaching 
  3.33  services for the school district unless the board of trustees of 
  3.34  the teachers retirement fund association determines that the 
  3.35  combined employment is on the whole so substantially dissimilar 
  3.36  to teaching service that the service shall not be covered by the 
  4.1   association. 
  4.2      The term shall (b) Teacher does not mean any person who 
  4.3   renders service in the school district as any of the following: 
  4.4      (1) an independent contractor or the employee of an 
  4.5   independent contractor; 
  4.6      (2) an employee who is a full-time teacher covered by 
  4.7   another teachers retirement fund association established 
  4.8   pursuant to under this chapter or chapter 354; 
  4.9      (3) an employee exempt from licensure pursuant to under 
  4.10  section 125.031; 
  4.11     (4) an employee who is a teacher in a technical college 
  4.12  located in a city of the first class unless the person elects 
  4.13  coverage by the applicable first class city teacher retirement 
  4.14  fund association under section 354B.21, subdivision 2; or 
  4.15     (5) an employee who is a part-time teacher in a technical 
  4.16  college in a city of the first class and who has elected 
  4.17  coverage by the applicable first class city teacher retirement 
  4.18  fund association under section 354B.21, subdivision 2, but (i) 
  4.19  the teaching service is incidental to the regular nonteaching 
  4.20  occupation of the person; (ii) the applicable technical college 
  4.21  stipulates annually in advance that the part-time teaching 
  4.22  service will not exceed 300 hours in a fiscal year; and (iii) 
  4.23  the part-time teaching actually does not exceed 300 hours in the 
  4.24  fiscal year to which the certification applies.; or 
  4.25     (6) a teacher first employed by independent school district 
  4.26  No. 625, St. Paul on or after July 1, 1998. 
  4.27     Sec. 3.  [354A.012] [MEMBERSHIP OF TEACHERS HIRED AFTER 
  4.28  JULY 1, 1998, IN INDEPENDENT SCHOOL DISTRICT NO. 625, ST. PAUL.] 
  4.29     Teachers first hired by independent school district No. 
  4.30  625, St. Paul, on or after July 1, 1998, shall be members of the 
  4.31  teachers retirement association under chapter 354. 
  4.32     Sec. 4.  [EFFECTIVE DATE.] 
  4.33     Sections 1 to 3 are effective on the day following final 
  4.34  enactment.