SF 439

as introduced - 88th Legislature (2013 - 2014) Posted on 05/20/2013 02:59pm

A bill for an act
relating to retirement; modifying laws governing voluntary membership dues
deductions from retirement annuities; amending Minnesota Statutes 2012,
section 356.91.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 356.91, is amended to read:

356.91 VOLUNTARY MEMBERSHIP DUES DEDUCTION.

(a) Upon written authorization of a person receiving an annuity from a public
pension fund administered by the Minnesota State Retirement System or the Public
Employees Retirement Association, the executive director of the public pension fund deleted text begin may
deleted text end new text begin shall new text end deduct from the retirement annuity an amount requested by the annuitant to be paid
as new text begin membership new text end dues new text begin or other payments new text end to any labor organization that is an exclusive
bargaining agent representing public employees or an organization representing retired
public employees of which the annuitant is a member and shall new text begin , on a monthly basis, new text end pay
the amount to the organization so designated by the annuitant.

(b) A pension fund and the plan fiduciaries which authorize or administer deductions
of dues payments under paragraph (a) are not liable for failure to properly deduct or transmit
the dues amounts, provided that the fund and the fiduciaries have acted in good faith.

(c) deleted text begin The deductions under paragraph (a) may occur no more frequently than two times
per year and may not be used for political purposes. deleted text end new text begin Any labor organization that is an
exclusive bargaining agent representing public employees or an organization representing
retired public employees may conduct blind mailings to the annuitants of a retirement
system specified in paragraph (a) by requesting that the retirement system mail voluntary
membership information and dues deduction cards to annuitants. Such mailings shall not
be for the purpose of supporting or opposing any candidate, political party, or ballot
measure. The organization requesting the blind mailing shall pay all costs associated
with these mailings, including but not limited to copying, labeling, mailing, postage, and
record keeping. In lieu of administering a blind mailing in-house, a retirement system
may transmit annuitant data necessary for conducting a blind mailing to a mail center
pursuant to a secure data share agreement with the mail center which provides that neither
the organization nor any other entity shall have direct access to the data transmitted by
the retirement system. The retirement system shall have no obligation to approve or
disapprove, or otherwise be responsible for, the content of the mailings. No organization
shall conduct more than two blind mailings per calendar year.
new text end

deleted text begin (d) Any labor organization specified in paragraph (a) shall reimburse the public
pension fund for the administrative expense of withholding premium amounts.
deleted text end