HF 3667

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to retirement; providing retirement coverage 
  1.3             under the local correctional employee plan or state 
  1.4             correctional employee plan for certain parole and 
  1.5             probation officers; amending Minnesota Statutes 2000, 
  1.6             sections 352.91, by adding a subdivision; 353E.02, 
  1.7             subdivision 1, by adding a subdivision; 353E.03. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 352.91, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 2b.  [POST-SENTENCING OFFICERS.] (a) "Covered 
  1.12  correctional service" also means service rendered by a state 
  1.13  employee in employment in a valid merit system job 
  1.14  classification position titled "probation officer," "parole 
  1.15  officer," or "supervised release officer" or a classification 
  1.16  title that reflects qualifications, duties, and expectations 
  1.17  commonly included under those classifications whom the 
  1.18  department of corrections certifies: 
  1.19     (1) is employed full time in the applicable position or 
  1.20  positions; 
  1.21     (2) has powers of arrest; and 
  1.22     (3) spends at least 75 percent of the employee's working 
  1.23  time in direct contact with persons assigned to the officer who 
  1.24  are in probation or parole status. 
  1.25     (b) The certification required under paragraph (a) must be 
  1.26  made in writing on a form prescribed by the executive director 
  2.1   of the Minnesota state retirement system. 
  2.2      (c) This subdivision does not apply if the applicable 
  2.3   employee elects to retain the current retirement coverage under 
  2.4   section 5. 
  2.5      Sec. 2.  Minnesota Statutes 2000, section 353E.02, 
  2.6   subdivision 1, is amended to read: 
  2.7      Subdivision 1.  [RETIREMENT COVERAGE.] Local government 
  2.8   correctional service employees are Members of the local 
  2.9   government correctional service retirement plan established by 
  2.10  this chapter are: 
  2.11     (1) local government correctional service employees as 
  2.12  defined in subdivision 2; and 
  2.13     (2) post-sentencing officers as defined in subdivision 2a. 
  2.14     Sec. 3.  Minnesota Statutes 2000, section 353E.02, is 
  2.15  amended by adding a subdivision to read: 
  2.16     Subd. 2a.  [POST-SENTENCING OFFICERS.] (a) A 
  2.17  post-sentencing officer, for purposes of subdivision 1, is a 
  2.18  person in employment in a valid merit system job classification 
  2.19  position titled "probation officer," "parole officer," or 
  2.20  "supervised release officer" or a classification title that 
  2.21  reflects qualifications, duties, and expectations commmonly 
  2.22  included under those classifications whom the applicable public 
  2.23  employer certifies: 
  2.24     (1) is employed full time in the applicable position or 
  2.25  positions; 
  2.26     (2) has powers of arrest; 
  2.27     (3) spends at least 75 percent of the employee's working 
  2.28  time in direct contact with persons assigned to the officer who 
  2.29  are in probation or parole status; and 
  2.30     (4) is a "public employee" as defined in section 353.01, 
  2.31  but is not a member of the public employees police and fire plan.
  2.32     (b) The certification required under paragraph (a) must be 
  2.33  made in writing on a form prescribed by the executive director 
  2.34  of the public employees retirement association. 
  2.35     Sec. 4.  Minnesota Statutes 2000, section 353E.03, is 
  2.36  amended to read: 
  3.1      353E.03 [CORRECTIONAL SERVICE PLAN CONTRIBUTIONS.] 
  3.2      Subdivision 1.  [MEMBER CONTRIBUTIONS.] A member of the 
  3.3   local government correctional service employee retirement plan 
  3.4   shall make an employee contribution in an amount equal to 6.01 
  3.5   percent of salary. 
  3.6      Subd. 2.  [EMPLOYER CONTRIBUTIONS.] The employer shall 
  3.7   contribute for a member of the local government correctional 
  3.8   service employee retirement plan an amount equal to 9.02 percent 
  3.9   of salary. 
  3.10     Sec. 5.  [TEMPORARY PROVISION; ELECTION TO RETAIN 
  3.11  RETIREMENT COVERAGE.] 
  3.12     (a) An employee in a position specified in section 1 may 
  3.13  retain coverage under the general employees retirement plan of 
  3.14  the Minnesota state retirement system or may elect to have 
  3.15  prospective coverage under the correctional employees retirement 
  3.16  plan.  An employee electing to participate in the correctional 
  3.17  employees retirement plan shall begin making contributions to 
  3.18  the correctional plan beginning the first full pay period after 
  3.19  July 1, 2002.  The election to retain coverage or to transfer 
  3.20  coverage must be made in writing by the person on a form 
  3.21  prescribed by the executive director of the Minnesota state 
  3.22  retirement system and must be filed with the executive director 
  3.23  no later than June 30, 2002. 
  3.24     (b) An employee failing to make an election by June 15, 
  3.25  2002, must be notified by certified mail by the executive 
  3.26  director of the Minnesota state retirement system of the 
  3.27  deadline to make a choice.  A person who does not submit an 
  3.28  election form shall continue coverage in the general employees 
  3.29  retirement plan and forfeits all rights to transfer retirement 
  3.30  coverage to the correctional employees retirement plan. 
  3.31     (c) The election to retain coverage in the general employee 
  3.32  retirement plan or to transfer prospective retirement coverage 
  3.33  to the correctional employees retirement plan is irrevocable. 
  3.34     Sec. 6.  [EFFECTIVE DATE.] 
  3.35     Sections 1 to 5 are effective on July 1, 2002.