SF 485

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; allowing city managers to 
  1.3             revoke elections to be excluded from membership in the 
  1.4             public employees retirement association; amending 
  1.5             Minnesota Statutes 2002, section 353.028, subdivision 
  1.6             2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 353.028, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [ELECTION.] A city manager may elect to be 
  1.11  excluded from membership in the association.  The election of 
  1.12  exclusion must be made within six months following the 
  1.13  commencement of employment, in writing on a form prescribed by 
  1.14  the executive director, and must be approved by a resolution of 
  1.15  the governing body of the city.  The election of exclusion is 
  1.16  not effective until it is filed with the executive director.  
  1.17  Membership of a city manager in the association ceases on the 
  1.18  date the written election is received by the executive director 
  1.19  or upon a later date specified.  The election to be excluded 
  1.20  from membership must include a provision agreeing that the 
  1.21  person will not at any time in the future seek authorization to 
  1.22  purchase service credit for any period of excluded service and 
  1.23  is irrevocable.  Employee and employer contributions made on 
  1.24  behalf of a person exercising the option to be excluded from 
  1.25  membership under this section must be refunded in accordance 
  1.26  with section 353.27, subdivision 7.  A city manager who has 
  2.1   elected exclusion under this subdivision may revoke that action 
  2.2   by filing a written notice with the executive director.  The 
  2.3   notice must be on a form prescribed by the executive director 
  2.4   and must be approved by a resolution of the governing body of 
  2.5   the city.  Membership of the city manager in the association 
  2.6   resumes prospectively from the date of the first day of the pay 
  2.7   period for which contributions were deducted or, if pay period 
  2.8   coverage dates are not provided, the date on which the notice of 
  2.9   revocation or contributions are received in the office of the 
  2.10  association, provided that the notice of revocation is received 
  2.11  by the association within 60 days of the receipt of 
  2.12  contributions.