SF 2262

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to state officials; eliminating state-paid
insurance and benefits coverage for certain elected
and appointed officials; amending Minnesota Statutes
2004, sections 43A.18, subdivision 6; 43A.24,
subdivision 2, by adding subdivisions; 43A.27,
subdivision 4.

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

Section 1.

Minnesota Statutes 2004, section 43A.18,
subdivision 6, is amended to read:

Subd. 6.

Legislative and judicial branch compensation.

Total compensation plans for unclassified employees of the
legislature and of legislative commissions shall be determined
by the legislature consistent with chapter 3, provided that
insurance benefits for these employees deleted text begin and for legislators deleted text end shall
be determined by the Legislative Coordinating Commission,
consistent with sections 43A.22 to 43A.30. Total compensation
plans for unclassified employees of the judicial branch shall be
determined by the appointing authority, unless other law
provides a different method for establishing this compensation.
Judicial branch compensation plans shall be consistent with
sections 43A.22 to 43A.30.

Sec. 2.

Minnesota Statutes 2004, section 43A.24,
subdivision 2, is amended to read:

Subd. 2.

Other eligible persons.

The following persons
are eligible for state paid life insurance and hospital,
medical, and dental benefits as determined in applicable
collective bargaining agreements or by the commissioner or by
plans pursuant to section 43A.18, subdivision 6, or by the Board
of Regents for employees of the University of Minnesota not
covered by collective bargaining agreements. Coverages made
available, including optional coverages, are as contained in the
plan established pursuant to section 43A.18, subdivision 2:

(a) deleted text begin a member of the state legislature, provided that
changes in benefits resulting in increased costs to the state
shall not be effective until expiration of the term of the
members of the existing house of representatives. An eligible
member of the state legislature may decline to be enrolled for
state paid coverages by filing a written waiver with the
commissioner. The waiver shall not prohibit the member from
enrolling the member or dependents for optional coverages,
without cost to the state, as provided for in section 43A.26. deleted text end a
member of the state legislature who returns from a leave of
absence to a position previously occupied in the civil service
shall be eligible to receive the life insurance and hospital,
medical, and dental benefits to which the position is entitled;

(b) an employee of the legislature or an employee of a
permanent study or interim committee or commission or a state
employee on leave of absence to work for the legislature, during
a regular or special legislative session, as determined by the
Legislative Coordinating Commission;

(c) a judge of the appellate courts or an officer or
employee of these courts; a judge of the district court, a judge
of county court, or a judge of county municipal court; a
district court referee, judicial officer, court reporter, or law
clerk; a district administrator; an employee of the Office of
the District Administrator that is not in the Second or Fourth
Judicial District; a court administrator or employee of the
court administrator in a judicial district under section
480.181, subdivision 1, paragraph (b), and a guardian ad litem
program employee;

(d) a salaried employee of the Public Employees Retirement
Association;

(e) a full-time military or civilian officer or employee in
the unclassified service of the Department of Military Affairs
whose salary is paid from state funds;

(f) a salaried employee of the Minnesota Historical
Society, whether paid from state funds or otherwise, who is not
a member of the governing board;

(g) an employee of the regents of the University of
Minnesota;

(h) notwithstanding section 43A.27, subdivision 3, an
employee of the state of Minnesota or the regents of the
University of Minnesota who is at least 60 and not yet 65 years
of age on July 1, 1982, who is otherwise eligible for employee
and dependent insurance and benefits pursuant to section 43A.18
or other law, who has at least 20 years of service and retires,
earlier than required, within 60 days of March 23, 1982; or an
employee who is at least 60 and not yet 65 years of age on July
1, 1982, who has at least 20 years of state service and retires,
earlier than required, from employment at Rochester state
hospital after July 1, 1981; or an employee who is at least 55
and not yet 65 years of age on July 1, 1982, and is covered by
the Minnesota State Retirement System correctional employee
retirement plan or the State Patrol retirement fund, who has at
least 20 years of state service and retires, earlier than
required, within 60 days of March 23, 1982. For purposes of
this clause, a person retires when the person terminates active
employment in state or University of Minnesota service and
applies for a retirement annuity. Eligibility shall cease when
the retired employee attains the age of 65, or when the employee
chooses not to receive the annuity that the employee has applied
for. The retired employee shall be eligible for coverages to
which the employee was entitled at the time of retirement,
subject to any changes in coverage through collective bargaining
or plans established pursuant to section 43A.18, for employees
in positions equivalent to that from which retired, provided
that the retired employee shall not be eligible for state-paid
life insurance. Coverages shall be coordinated with relevant
health insurance benefits provided through the federally
sponsored Medicare program;

(i) an employee of an agency of the state of Minnesota
identified through the process provided in this paragraph who is
eligible to retire prior to age 65. The commissioner and the
exclusive representative of state employees shall enter into
agreements under section 179A.22 to identify employees whose
positions are in programs that are being permanently eliminated
or reduced due to federal or state policies or practices.
Failure to reach agreement identifying these employees is not
subject to impasse procedures provided in chapter 179A. The
commissioner must prepare a plan identifying eligible employees
not covered by a collective bargaining agreement in accordance
with the process outlined in section 43A.18, subdivisions 2 and
3. For purposes of this paragraph, a person retires when the
person terminates active employment in state service and applies
for a retirement annuity. Eligibility ends as provided in the
agreement or plan, but must cease at the end of the month in
which the retired employee chooses not to receive an annuity, or
the employee is eligible for employer-paid health insurance from
a new employer. The retired employees shall be eligible for
coverages to which they were entitled at the time of retirement,
subject to any changes in coverage through collective bargaining
or plans established under section 43A.18 for employees in
positions equivalent to that from which they retired, provided
that the retired employees shall not be eligible for state-paid
life insurance;

(j) employees of the state Board of Public Defense, with
eligibility determined by the state Board of Public Defense in
consultation with the commissioner of employee relations; and

(k) employees of supporting organizations of Minnesota
Technology, Inc., established after July 1, 2003, under section
116O.05, subdivision 4, as paid for by the supporting
organization.

Sec. 3.

Minnesota Statutes 2004, section 43A.24, is
amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Persons not eligible. new text end

new text begin Members of the
legislature, constitutional officers, commissioners as defined
in section 15.06, subdivision 1, and the chief of staff in the
office of the governor are not eligible for state-paid insurance
or benefits coverage under sections 43A.22 to 43A.31.
new text end

Sec. 4.

Minnesota Statutes 2004, section 43A.24, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Use of savings. new text end

new text begin By June 30 of each year, the
commissioner of finance shall determine the amount of savings to
the general fund resulting from the elimination of state-paid
insurance and benefits coverage for certain elected and
appointed officials provided for in this act and shall transfer
that amount to the health care access fund to be used to
increase insurance and benefits coverage for persons enrolled in
MinnesotaCare.
new text end

Sec. 5.

Minnesota Statutes 2004, section 43A.27,
subdivision 4, is amended to read:

Subd. 4.

Retired judges deleted text begin ; former legislators deleted text end .

(a) Retired
judges deleted text begin or former legislators deleted text end may elect to purchase coverage for
themselves or their dependents at their own expense as provided
in paragraphs (b) and (c).

(b) A retired judge of the state Supreme Court, the Court
of Appeals, a district court, a county court, a county municipal
court, or a probate court may elect to purchase coverage
provided persons listed in section 43A.24, subdivision 2, clause
(c). The commissioner shall notify judges no later than the
effective date of their retirement of their right to exercise
the option provided in this subdivision. A retired judge must
notify the commissioner or designee of the commissioner within
30 days after the effective date of retirement if the judge
intends to exercise the option.

deleted text begin (c) A former member of the legislature may elect to
purchase coverage provided persons listed in section 43A.24,
subdivision 2, clause (a).
deleted text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective January 1, 2006, for insurance and
benefit coverage on and after that date.
new text end