Minnesota Legislature
HF 4297
as introduced - 93rd Legislature (2023 - 2024) Posted on 02/26/2024 02:21pm
Bill Text Versions
| Engrossments | ||
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| Introduction | Posted on 02/26/2024 |
Current Version - as introduced
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A bill for an act
relating to retirement; Public Employees Retirement Association police and fire
plan; clarifying eligibility for firefighters; amending Minnesota Statutes 2022,
section 353.64, subdivisions 1, 2, 4, 5a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 353.64, subdivision 1, is amended to read:
Subdivision 1.
Police and fire plan membership; mandatory.
new text begin (a) new text end A governmental
subdivision must report a public employee for membership in the police and fire plan if the
employee is employed full time as specified in clause (1), (2), or (3):
(1) a full-time police officer or a person in charge of a designated police or sheriff's
department, who by virtue of that employment is required by the employing governmental
subdivision to be and is licensed by the Minnesota peace officer standards and training
board under sections 626.84 to 626.863, who is charged with the prevention and detection
of crime, who has the full power of arrest, who is assigned to a designated police or sheriff's
department, and whose primary job is the enforcement of the general criminal laws of the
state;
(2) a full-time firefighter or a deleted text begin person in charge of a designated fire company or companies
whodeleted text end new text begin supervisor of other firefighters who, in either case, is employed in a fire department,
is licensed by the Board of Firefighter Training and Education under section 299N.05 as
required by the employing governmental subdivision, andnew text end is deleted text begin engaged in the hazards ofdeleted text end
new text begin exposed to hazardous conditions resulting from new text end firefightingnew text begin or fire prevention, suppression,
or investigationnew text end ; or
(3) a full-time police officer or firefighter meeting deleted text begin alldeleted text end new text begin the new text end requirements of clause (1) or
(2), as applicable, who as part of the employment position is deleted text begin periodicallydeleted text end assigned new text begin less than
50 percent of the time new text end to new text begin perform new text end employment duties in the same department that are not
within the scope of deleted text begin this subdivisiondeleted text end new text begin the employment duties described in clause (1) or (2)new text end .
new text begin (b) new text end An individual to which new text begin paragraph (a), new text end clause (3)new text begin ,new text end applies must contribute as a member
of the police and fire plan for deleted text begin both the primary and secondarydeleted text end new text begin all new text end services deleted text begin that aredeleted text end provided
to the employing governmental subdivision.
Sec. 2.
Minnesota Statutes 2022, section 353.64, subdivision 2, is amended to read:
Subd. 2.
Police and fire deleted text begin funddeleted text end new text begin plan new text end membership; part-time employment coverage
option.
(a) The governing body of a governmental subdivision may adopt a resolution,
subject to requirements specified in paragraph (b), declaring that a public employee employed
in a position on a part-time basis by that governmental subdivision is covered by the police
and fire plan for that employment.
(b) If the public employee's position is related to police service, the resolution is valid
if the conditions specified in paragraph (c) are met. If the public employee's position is
related to fire service, the resolution is valid if the conditions specified in paragraph (d) are
met. If the public employee in the applicable position is periodically assigned to employment
duties not within the scope of deleted text begin thisdeleted text end new text begin the employment duties described in new text end subdivisionnew text begin 1,
paragraph (a), clause (1) or (2)new text end , the resolution is considered valid if the governing body of
the governmental subdivision declares that the public employee's position, for deleted text begin primary
services provideddeleted text end new text begin at least 50 percent of the time workednew text end , satisfies deleted text begin all ofdeleted text end the requirements of
subdivision 1, new text begin paragraph (a), new text end clause (3), other than the requirement of full-time employment.
(c) For the governing body of the governmental subdivision to declare a position to be
that of a police officer, the duties and qualifications of the person so employed must, at a
minimum, satisfy all of the requirements of subdivision 1, new text begin paragraph (a), new text end clause (1), other
than the requirement of full-time employment.
(d) For the governing body of a governmental subdivision to declare a position to be
that of a firefighter, the duties and qualifications of the person so employed must, at a
minimum, satisfy deleted text begin all ofdeleted text end the requirements of subdivision 1, new text begin paragraph (a), new text end clause (2), other
than the requirement of full-time employment.
Sec. 3.
Minnesota Statutes 2022, section 353.64, subdivision 4, is amended to read:
Subd. 4.
Resolution filing.
(a) A copy of the resolution of the governing body declaring
a position to be that of police officer or firefighter shall be promptly filed with the board of
trustees and shall be irrevocable.
(b) Following the receipt of deleted text begin adequatedeleted text end notice from the association, if a valid resolution
is not filed with the deleted text begin public employees retirementdeleted text end association within six months following
the date of that notice, any contributions or deductions made to the police and fire deleted text begin funddeleted text end new text begin plan
new text end for the applicable employment are deemed to be contributions or deductions transmitted in
error under section 353.27, subdivision 7a.
new text begin
(c) The association must consider the filing by the governing body of a governmental
subdivision of a resolution that satisfies the requirements of this section regarding an
employee as sufficient evidence that the employee satisfies the eligibility requirements of
this section, including subdivision 1, paragraph (a), clause (3), and subdivision 2.
new text end
Sec. 4.
Minnesota Statutes 2022, section 353.64, subdivision 5a, is amended to read:
Subd. 5a.
Transfers.
new text begin (a) new text end A member of the police and fire deleted text begin funddeleted text end new text begin plan new text end continues to be a
member of deleted text begin that funddeleted text end new text begin the police and fire plan new text end if new text begin the member is new text end transferred new text begin or has a change
in employment:
new text end
new text begin (1) new text end to a different position deleted text begin with associateddeleted text end new text begin within the same new text end police or fire departmentdeleted text begin
functions in the same department or a relateddeleted text end new text begin ;
new text end
new text begin (2) to a policenew text end department in deleted text begin the samedeleted text end new text begin another new text end governmental subdivisiondeleted text begin provideddeleted text end new text begin in
the state of Minnesota; or
new text end
new text begin
(3) to a fire department in another governmental subdivision in the state of Minnesota.
new text end
new text begin (b) new text end The governing body deleted text begin sendsdeleted text end new text begin of the governmental subdivision that employs the member,
in the case of a transfer under paragraph (a), clause (1), or the governing body of the
governmental subdivision by which the member becomes employed, in the case of a transfer
under paragraph (a), clause (2) or (3), must send new text end a copy of a resolution to that effect to the
association. A police and fire deleted text begin funddeleted text end new text begin plannew text end member who is elected or assumes an appointive
position, including but not limited to, the positions of city council member, city manager,
and finance director is not eligible to retain membership in the public employees police and
fire deleted text begin funddeleted text end new text begin plannew text end .
Sec. 5. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 4 are effective the day following final enactment.
new text end