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SF 3324

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to retirement; Minnesota State Retirement System; Public Employees
Retirement Association; Teachers Retirement Association; restricting state
employee postretirement program to conform with federal in-service distribution
restrictions; increasing Teachers Retirement Association reemployed annuitant
exempt income limit; revising reemployed annuitant account holding period
in various plans to permit earlier receipt; revising Teachers Retirement
Association strike period and leave of absence service credit purchase procedure;
revising Minnesota State Retirement System and Public Employees Retirement
Association leave of absence service credit purchase procedure; prohibiting
Public Employees Retirement Association reemployed disabilitant from earning
service credit unless disability payments are waived; clarifying correctional
state employees retirement plan transfer of service credit procedures; making
various other revisions of an administrative nature; amending Minnesota Statutes
2006, sections 352.22, subdivision 10; 352D.075, subdivision 2a; 353.01,
subdivisions 10, 11a; 353.27, by adding a subdivision; 353D.05, subdivision 2;
354.05, subdivision 37; 354.33, subdivision 5; 354.44, subdivision 5; 356.47,
subdivision 3; 356.551, subdivision 2; Minnesota Statutes 2007 Supplement,
sections 43A.346, subdivision 2; 352.017, subdivision 2; 352.955, subdivisions
3, 5; 353.01, subdivision 2b; 353.0161, subdivision 2; 353.27, subdivision 14;
353F.02, subdivision 4; 354.096, subdivision 2; 354.72, subdivision 2; Laws
2002, chapter 392, article 2, section 4; Laws 2006, chapter 271, article 5, section
5; proposing coding for new law in Minnesota Statutes, chapter 353F; repealing
Minnesota Statutes 2006, sections 354.44, subdivision 6a; 354.465; 354.51,
subdivision 4; 354.55, subdivisions 2, 3, 6, 12, 15; 354A.091, subdivisions 1a,
1b; 355.629; Laws 2005, First Special Session chapter 8, article 1, section 23.

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

ARTICLE 1

POSTRETIREMENT OPTION REVISION

Section 1.

Minnesota Statutes 2007 Supplement, section 43A.346, subdivision 2,
is amended to read:


Subd. 2.

Eligibility.

(a) This section applies to a state or Metropolitan Council
employee who:

(1) for at least the five years immediately preceding separation under clause (2), has
been regularly scheduled to work 1,044 or more hours per year in a position covered by
a pension plan administered by the Minnesota State Retirement System or the Public
Employees Retirement Association;

(2) terminates state or Metropolitan Council employment;

(3) at the time of termination under clause (2), meets the age and service
requirements necessary to receive an unreduced retirement annuity from the plan and
satisfies requirements for the commencement of the retirement annuity or, for an
employee under the unclassified employees retirement plan, meets the age and service
requirements necessary to receive an unreduced retirement annuity from the plan and
satisfies requirements for the commencement of the retirement annuity or elects a
lump-sum payment; deleted text begin and
deleted text end

(4) new text begin is at least age 62; and
new text end

new text begin (5) new text end agrees to accept a postretirement option position with the same or a different
appointing authority, working a reduced schedule that is both (i) a reduction of at least 25
percent from the employee's number of regularly scheduled work hours; and (ii) 1,044
hours or less in state or Metropolitan Council service.

(b) For purposes of this section, an unreduced retirement annuity includes a
retirement annuity computed under a provision of law which permits retirement, without
application of an earlier retirement reduction factor, whenever age plus years of allowable
service total at least 90.

new text begin (c) For purposes of this section, the length of separation requirement under section
353.01, subdivision 28, paragraph (a), is not applicable.
new text end

ARTICLE 2

REVISED REEMPLOYED ANNUITANT TREATMENT

Section 1.

Minnesota Statutes 2006, section 354.44, subdivision 5, is amended to read:


Subd. 5.

Resumption of teaching service after retirement.

(a) Any person who
retired under the provisions of this chapter and has thereafter resumed teaching in any
employer unit to which this chapter applies is eligible to continue to receive payments in
accordance with the annuity except that new text begin all or a portion of the new text end annuity payments must be
deleted text begin reduceddeleted text end new text begin deferred new text end during the calendar year immediately following any calendar year in
which the person's deleted text begin incomedeleted text end new text begin salary new text end from the teaching service is in an amount greater than deleted text begin the
annual maximum earnings allowable for that age for the continued receipt of full benefit
amounts monthly under the federal old age, survivors and disability insurance program
as set by the secretary of health and human services under United States Code, title 42,
section 403
deleted text end new text begin $46,000new text end . The amount of the deleted text begin reduction must bedeleted text end new text begin annuity deferral is new text end one-half of
the new text begin salary new text end amount in excess of deleted text begin the applicable reemployment income maximum specified in
this subdivision
deleted text end new text begin $46,000 new text end and must be deducted from the annuity payable for the calendar
year immediately following the calendar year in which the excess amount was earned. deleted text begin If
the person has not yet reached the minimum age for the receipt of Social Security benefits,
the maximum earnings for the person must be equal to the annual maximum earnings
allowable for the minimum age for the receipt of Social Security benefits.
deleted text end

(b) If the person is retired for only a fractional part of the calendar year during
the initial year of retirement, the maximum reemployment deleted text begin incomedeleted text end new text begin salary exempt from
triggering a deferral as
new text end specified in this subdivision must be prorated for that calendar year.

(c) After a person has reached the Social Security deleted text begin fulldeleted text end new text begin normal new text end retirement age,
no deleted text begin reemployment income maximumdeleted text end new text begin deferral new text end is applicable regardless of the amount of
deleted text begin incomedeleted text end new text begin salarynew text end .

(d) The deleted text begin amount of thedeleted text end retirement annuity deleted text begin reductiondeleted text end new text begin deferral amount new text end must be handled
or disposed of as provided in section 356.47.

(e) For the purpose of this subdivision, deleted text begin incomedeleted text end new text begin salary new text end from teaching service includes,
but is not limited to:

(1) all income for services performed as a consultant or an independent contractor
for an employer unit covered by the provisions of this chapter; and

(2) the greater of either the income received or an amount based on the rate paid
with respect to an administrative position, consultant, or independent contractor in an
employer unit with approximately the same number of pupils and at the same level as the
position occupied by the person who resumes teaching service.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2008.
new text end

Sec. 2.

Minnesota Statutes 2006, section 356.47, subdivision 3, is amended to read:


Subd. 3.

Payment.

(a) deleted text begin Upon the retired member attaining the age of 65 years
or upon the first day of the month next following the month occurring
deleted text end new text begin Beginning new text end one
year after the deleted text begin termination of thedeleted text end reemployment new text begin withholding period ends relating to the
reemployment
new text end that gave rise to the limitation, deleted text begin whichever is later,deleted text end and the filing of a written
application, the retired member is entitled to the payment, in a lump sum, of the value
of the person's amount under subdivision 2, plus interest at the compound annual rate
of six percent from the date that the amount was deducted from the retirement annuity
to the date of payment.

(b) The written application must be on a form prescribed by the chief administrative
officer of the applicable retirement plan.

(c) If the retired member dies before the payment provided for in paragraph (a) is
made, the amount is payable, upon written application, to the deceased person's surviving
spouse, or if none, to the deceased person's designated beneficiary, or if none, to the
deceased person's estate.

(d) In lieu of the direct payment of the person's amount under subdivision 2, on
or after the payment date under paragraph (a), if the federal Internal Revenue Code so
permits, the retired member may elect to have all or any portion of the payment amount
under this section paid in the form of a direct rollover to an eligible retirement plan as
defined in section 402(c) of the federal Internal Revenue Code that is specified by the
retired member. If the retired member dies with a balance remaining payable under this
section, the surviving spouse of the retired member, or if none, the deceased person's
designated beneficiary, or if none, the administrator of the deceased person's estate may
elect a direct rollover under this paragraph.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2008.
new text end

ARTICLE 3

TEACHERS RETIREMENT ASSOCIATION
CLARIFICATION OF STRIKE PERIOD PROCEDURE

Section 1.

Minnesota Statutes 2007 Supplement, section 354.72, subdivision 2, is
amended to read:


Subd. 2.

Purchase procedure.

(a) A teacher may purchase credit for allowable and
formula service in the plan for a period specified in subdivision 1 if the teacher makes a
payment as specified in paragraph (b) deleted text begin ordeleted text end new text begin ,new text end (c), new text begin or (d), new text end whichever applies. The employing
unit, at its option, may pay the employer portion of the amount deleted text begin specified in paragraph (b)deleted text end
on behalf of its employees.

(b) If payment is received by the executive director deleted text begin within one year from the enddeleted text end
new text begin by June 30 of the fiscal year new text end of the strike period or authorized leave new text begin included new text end under section
354.093, 354.095, or 354.096, deleted text begin ordeleted text end new text begin payment must equal the total employee and employer
contribution rates, including amortization contribution rates if applicable, multiplied by the
member's average monthly salary rate on the date the leave or strike period commenced,
or for an extended leave under section 354.094, on the salary received during the year
immediately preceding the initial year of the leave, multiplied by the months and portions
of a month of the leave or strike period for which the teacher seeks allowable service credit.
new text end

new text begin (c) If payment is made new text end after June 30 and before the following June 30 for new text begin a strike
period or for leaves of absence under sections 354.093, 354.095, or 354.096, or for
new text end an
extended leave of absence under section 354.094, the payment deleted text begin must equal the total
employee and employer contributions, including amortization contributions if applicable,
given the contribution rates in section 354.42, multiplied by the member's average
monthly salary rate on the commencement of the leave or period of strike, multiplied by
the months and portions of a month of the leave of absence or period of strike for which
the teacher seeks allowable service credit. Payments made under this paragraph
deleted text end must
include new text begin the amount determined in paragraph (b) plus new text end compound interest at a monthly rate
of 0.71 percent from deleted text begin the last day of the leave period or strike period, or fromdeleted text end June 30 deleted text begin for
an extended leave of absence under section 354.094,
deleted text end until the last day of the month in
which payment is received.

deleted text begin (c)deleted text end new text begin (d) new text end If payment is received by the executive director after the applicable last
permitted date under paragraph deleted text begin (b)deleted text end new text begin (c)new text end , the payment amount is the amount determined
under section 356.551.new text begin Notwithstanding payment deadlines specified in section 356.551,
payment under this section may be made anytime before the effective date of retirement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2007.
new text end

Sec. 2.

Laws 2002, chapter 392, article 2, section 4, is amended to read:


Sec. 4. EFFECTIVE DATE.

(a) Sections 1, 2, and 3 are effective retroactive to July 1, 2001.

(b) The authority to obtain credit for allowable service under section 1, clause (11);
new text begin and new text end section 2, paragraph (a), clause (8)deleted text begin ; and section 3, clause (9)deleted text end , expires 12 months
after the date of enactment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively without interruption
from July 1, 2002.
new text end

ARTICLE 4

PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
REVISED PRIVATIZATION PROCEDURE

Section 1.

new text begin [353F.025] CERTIFICATION AND DECERTIFICATION OF
MEDICAL FACILITIES AND OTHER PUBLIC EMPLOYING UNITS.
new text end

new text begin Subdivision 1. new text end

new text begin Eligibility determination. new text end

new text begin (a) The chief clerical officer of a
governmental subdivision may submit a resolution from the governing body to the
executive director of the Public Employees Retirement Association which supports
providing coverage under this chapter for employees of that governmental subdivision
who are privatized, and which states that the governing body will pay for actuarial
calculations, as further specified in paragraph (c).
new text end

new text begin (b) The governing body must also provide a copy of any applicable purchase or
lease agreement and any other information requested by the executive director to allow the
executive director to verify that under the proposed employer change, the new employer
does not qualify as a governmental subdivision under section 353.01, subdivision 6,
making the employees ineligible for continued coverage as active members of the general
employees retirement plan of the Public Employees Retirement Association.
new text end

new text begin (c) Following receipt of a resolution and a determination by the executive director
that the new employer is not a governmental subdivision, the executive director shall
direct the consulting actuary retained under section 356.214 to determine whether the
general employees retirement plan of the Public Employees Retirement Association is
expected to receive a net gain if privatization occurs, by determining whether the actuarial
liability of the special benefit coverage provided under this chapter, if extended to the
applicable employees under the privatization, is less than the actuarial gain otherwise to
accrue to the plan. The date of the actuarial calculations used to make this determination
must be within one year of the effective date, as defined in section 353F.02, subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Recommendation to legislature. new text end

new text begin (a) If the actuarial calculations under
subdivision 1, paragraph (c), indicate that a net gain to the general employees retirement
plan of the Public Employees Retirement Association is expected due to the privatization,
the executive director shall forward a recommendation and supporting documentation to
the chair of the Legislative Commission on Pensions and Retirement, the chair of the
Governmental Operations, Reform, Technology and Elections Committee of the house of
representatives, the chair of the State and Local Government Operations and Oversight
Committee of the senate, and the executive director of the Legislative Commission on
Pensions and Retirement. The recommendation must be in the form of an addition to
the definition of "medical facility" under section 353F.02, subdivision 4, or to "other
public employing unit" under section 353F.02, subdivision 5, whichever is applicable.
The recommendation must be forwarded to the legislature before January 15 for the
recommendation to be considered in that year's legislative session.
new text end

new text begin (b) If a medical facility or other public employing unit listed under section 353F.02,
subdivision 4 or 5, fails to privatize within one year of the final enactment date of the
legislation adding the entity to the applicable definition, its inclusion under this chapter
is voided, and the executive director shall include in the proposed legislation under
paragraph (a) a recommendation that the applicable entity be stricken from the definition.
new text end

new text begin Subd. 3. new text end

new text begin Date of application. new text end

new text begin For any privatization added to this chapter after the
effective date of this section, the first date of coverage is the effective date as defined in
section 353F.02, subdivision 3.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 5

PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
PRIVATIZATIONS

Section 1.

Minnesota Statutes 2007 Supplement, section 353F.02, subdivision 4,
is amended to read:


Subd. 4.

Medical facility.

"Medical facility" means:

(1) Bridges Medical Services;

(2) the City of Cannon Falls Hospital;

(3) Clearwater County Memorial Hospital doing business as Clearwater Health
Services in Bagley;

(4) the Dassel Lakeside Community Home;

(5) the Fair Oaks Lodge, Wadena;

(6) the Glencoe Area Health Center;

(7) the Hutchinson Area Health Care;

(8) deleted text begin the Kanabec Hospital;
deleted text end

deleted text begin (9)deleted text end the Lakefield Nursing Home;

deleted text begin (10)deleted text end new text begin (9) new text end the Lakeview Nursing Home in Gaylord;

deleted text begin (11)deleted text end new text begin (10) new text end the Luverne Public Hospital;

deleted text begin (12) the Northfield Hospital;
deleted text end

deleted text begin (13)deleted text end new text begin (11) new text end the Oakland Park Nursing Home;

deleted text begin (14)deleted text end new text begin (12) new text end the RenVilla Nursing Home;

deleted text begin (15) the Renville County Hospital in Olivia;
deleted text end

deleted text begin (16)deleted text end new text begin (13) new text end the St. Peter Community Healthcare Center; and

deleted text begin (17)deleted text end new text begin (14) new text end the Waconia-Ridgeview Medical Center.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Laws 2006, chapter 271, article 5, section 5, is amended to read:


Sec. 5. EFFECTIVE DATE.

(a) Sections 1, 3, and 4 are effective the day following final enactment and section 3
has effect retroactively from July 25, 2005.

(b) Section 2 with respect to the Cannon Falls Hospital District is effective upon the
latter of:

(1) the day after the governing body of the Cannon Falls Hospital District and its
chief clerical officer meet the requirements under Minnesota Statutes, section 645.021,
subdivisions 2
and 3; and

(2) the first day of the month following certification to the Cannon Falls Hospital
District by the executive director of the Public Employees Retirement Association that the
actuarial accrued liability of the special benefit coverage proposed for extension to the
privatized City of Cannon Falls Hospital employees under section 1 does not exceed the
actuarial gain otherwise to be accrued by the Public Employees Retirement Association, as
calculated by the consulting actuary retained under Minnesota Statutes, section 356.214.
The cost of the actuarial calculations must be borne by the current employer or by the
entity which is the employer following the privatization.

(c) Section 2, with respect to Clearwater County Memorial Hospital, is effective
upon the latter of:

(1) the day after the governing body of Clearwater County and its chief clerical
officer meet the requirements under Minnesota Statutes, section 645.021, subdivisions 2
and 3new text begin , except that the certificate of approval must be filed before January 1, 2009new text end ; and

(2) the first day of the month following certification to Clearwater County by the
executive director of the Public Employees Retirement Association that the actuarial
accrued liability of the special benefit coverage proposed for extension to the privatized
Clearwater Health Services employees under section 2 does not exceed the actuarial gain
otherwise to be accrued by the Public Employees Retirement Association, as calculated by
the consulting actuary retained under Minnesota Statutes, section 356.214. The cost of
the actuarial calculations must be borne by the current employer or by the entity which is
the employer following the privatization.

(d) Section 2 with respect to the Dassel Lakeside Community Home is effective
upon the latter of:

(1) the day after the governing body of the city of Dassel and its chief clerical officer
timely complete compliance with Minnesota Statutes, section 645.021, subdivisions 2
and 3; and

(2) the first day of the month next following certification to the Dassel City
Council by the executive director of the Public Employees Retirement Association that
the actuarial accrued liability of the special benefit coverage proposed for extension to
the privatized Dassel Lakeside Community Home employees under section 2 does not
exceed the actuarial gain otherwise to be accrued by the Public Employees Retirement
Association, as calculated by the consulting actuary retained under Minnesota Statutes,
section 356.214. The cost of the actuarial calculations must be borne by the city of Dassel
or by the entity which is the employer following the privatization.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 6

PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PROVISIONS

Section 1.

Minnesota Statutes 2007 Supplement, section 353.01, subdivision 2b,
is amended to read:


Subd. 2b.

Excluded employees.

The following public employees are not eligible
to participate as members of the association with retirement coverage by the public
employees retirement plan, the local government correctional employees retirement plan
under chapter 353E, or the public employees police and fire retirement plan:

(1) public officers, other than county sheriffs, who are elected to a governing body,
or persons who are appointed to fill a vacancy in an elective office of a governing body,
whose term of office commences on or after July 1, 2002, for the service to be rendered
in that elective position;

(2) election officers or election judges;

(3) patient and inmate personnel who perform services for a governmental
subdivision;

(4) except as otherwise specified in subdivision 12a, employees who are hired for
a temporary position as defined under subdivision 12a, and employees who resign from
a nontemporary position and accept a temporary position within 30 days in the same
governmental subdivision;

(5) employees who are employed by reason of work emergency caused by fire,
flood, storm, or similar disaster;

(6) employees who by virtue of their employment in one governmental subdivision
are required by law to be a member of and to contribute to any of the plans or funds
administered by the Minnesota State Retirement System, the Teachers Retirement
Association, the Duluth Teachers Retirement Fund Association, the St. Paul Teachers
Retirement Fund Association, the Minneapolis Employees Retirement Fund, or any police
or firefighters relief association governed by section 69.77 that has not consolidated
with the Public Employees Retirement Association, or any local police or firefighters
consolidation account who have not elected the type of benefit coverage provided by the
public employees police and fire fund under sections 353A.01 to 353A.10, or any persons
covered by section 353.665, subdivision 4, 5, or 6, who have not elected public employees
police and fire plan benefit coverage. This clause must not be construed to prevent a person
from being a member of and contributing to the Public Employees Retirement Association
and also belonging to and contributing to another public pension plan or fund for other
service occurring during the same period of time. A person who meets the definition of
"public employee" in subdivision 2 by virtue of other service occurring during the same
period of time becomes a member of the association unless contributions are made to
another public retirement fund on the salary based on the other service or to the Teachers
Retirement Association by a teacher as defined in section 354.05, subdivision 2;

(7) persons who are members of a religious order and are excluded from coverage
under the federal Old Age, Survivors, Disability, and Health Insurance Program for the
performance of service as specified in United States Code, title 42, section 410(a)(8)(A),
as amended through January 1, 1987, if no irrevocable election of coverage has been made
under section 3121(r) of the Internal Revenue Code of 1954, as amended;

(8) employees of a governmental subdivision who have not reached the age of
23 and are enrolled on a full-time basis to attend or are attending classes on a full-time
basis at an accredited school, college, or university in an undergraduate, graduate, or
professional-technical program, or a public or charter high school;

(9) resident physicians, medical interns, and pharmacist residents and pharmacist
interns who are serving in a degree or residency program in public hospitalsnew text begin or clinicsnew text end ;

(10) students who are serving in an internship or residency program sponsored
by an accredited educational institution;

(11) persons who hold a part-time adult supplementary technical college license who
render part-time teaching service in a technical college;

(12) except for employees of Hennepin County or Hennepin Healthcare System,
Inc., foreign citizens working for a governmental subdivision with a work permit of less
than three years, or an H-1b visa valid for less than three years of employment. Upon
notice to the association that the work permit or visa extends beyond the three-year period,
the foreign citizens must be reported for membership from the date of the extension;

(13) public hospital employees who elected not to participate as members of the
association before 1972 and who did not elect to participate from July 1, 1988, to October
1, 1988;

(14) except as provided in section 353.86, volunteer ambulance service personnel,
as defined in subdivision 35, but persons who serve as volunteer ambulance service
personnel may still qualify as public employees under subdivision 2 and may be members
of the Public Employees Retirement Association and participants in the public employees
retirement fund or the public employees police and fire fund, whichever applies, on the
basis of compensation received from public employment service other than service as
volunteer ambulance service personnel;

(15) except as provided in section 353.87, volunteer firefighters, as defined in
subdivision 36, engaging in activities undertaken as part of volunteer firefighter duties;
provided that a person who is a volunteer firefighter may still qualify as a public
employee under subdivision 2 and may be a member of the Public Employees Retirement
Association and a participant in the public employees retirement fund or the public
employees police and fire fund, whichever applies, on the basis of compensation received
from public employment activities other than those as a volunteer firefighter;

(16) pipefitters and associated trades personnel employed by Independent School
District No. 625, St. Paul, with coverage under a collective bargaining agreement by the
pipefitters local 455 pension plan who were either first employed after May 1, 1997, or,
if first employed before May 2, 1997, elected to be excluded under Laws 1997, chapter
241, article 2, section 12;

(17) electrical workers, plumbers, carpenters, and associated trades personnel
employed by Independent School District No. 625, St. Paul, or the city of St. Paul,
who have retirement coverage under a collective bargaining agreement by the Electrical
Workers Local 110 pension plan, the United Association Plumbers Local 34 pension plan,
or the Carpenters Local 87 pension plan who were either first employed after May 1,
2000, or, if first employed before May 2, 2000, elected to be excluded under Laws 2000,
chapter 461, article 7, section 5;

(18) bricklayers, allied craftworkers, cement masons, glaziers, glassworkers,
painters, allied tradesworkers, and plasterers employed by the city of St. Paul or
Independent School District No. 625, St. Paul, with coverage under a collective
bargaining agreement by the Bricklayers and Allied Craftworkers Local 1 pension plan,
the Cement Masons Local 633 pension plan, the Glaziers and Glassworkers Local L-1324
pension plan, the Painters and Allied Trades Local 61 pension plan, or the Twin Cities
Plasterers Local 265 pension plan who were either first employed after May 1, 2001, or if
first employed before May 2, 2001, elected to be excluded under Laws 2001, First Special
Session chapter 10, article 10, section 6;

(19) plumbers employed by the Metropolitan Airports Commission, with coverage
under a collective bargaining agreement by the Plumbers Local 34 pension plan, who either
were first employed after May 1, 2001, or if first employed before May 2, 2001, elected to
be excluded under Laws 2001, First Special Session chapter 10, article 10, section 6;

(20) employees who are hired after June 30, 2002, to fill seasonal positions under
subdivision 12b which are limited in duration by the employer to 185 consecutive calendar
days or less in each year of employment with the governmental subdivision;

(21) persons who are provided supported employment or work-study positions
by a governmental subdivision and who participate in an employment or industries
program maintained for the benefit of these persons where the governmental subdivision
limits the position's duration to three years or less, including persons participating in a
federal or state subsidized on-the-job training, work experience, senior citizen, youth, or
unemployment relief program where the training or work experience is not provided as a
part of, or for, future permanent public employment;

(22) independent contractors and the employees of independent contractors; and

(23) reemployed annuitants of the association during the course of that
reemployment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2006, section 353.01, subdivision 10, is amended to read:


Subd. 10.

Salary.

(a) Subject to the limitations of section 356.611, "salary" means:

(1) the periodic compensation of a public employee, before deductions for deferred
compensation, supplemental retirement plans, or other voluntary salary reduction
programs, and also means "wages" and includes net income from fees;

(2) for a public employee who is covered by a supplemental retirement plan under
section 356.24, subdivision 1, clause (8), (9), or (10), which require all plan contributions
be made by the employer, the contribution to the applicable supplemental retirement plan
when the contribution is from mandatory withholdings from employees' wages; and

(3) for a public employee who has prior service covered by a local police or
firefighters relief association that has consolidated with the Public Employees Retirement
Association or to which section 353.665 applies and who has elected coverage either
under the public employees police and fire fund benefit plan under section 353A.08
following the consolidation or under section 353.665, subdivision 4, the rate of salary
upon which member contributions to the special fund of the relief association were made
prior to the effective date of the consolidation as specified by law and by bylaw provisions
governing the relief association on the date of the initiation of the consolidation procedure
and the actual periodic compensation of the public employee after the effective date of
consolidation.

(b) Salary does not mean:

(1) the fees paid to district court reporters, unused annual vacation or sick leave
payments, in lump-sum or periodic payments, severance payments, reimbursement of
expenses, lump-sum settlements not attached to a specific earnings period, or workers'
compensation payments;

(2) employer-paid amounts used by an employee toward the cost of insurance
coverage, employer-paid fringe benefits, flexible spending accounts, cafeteria plans, health
care expense accounts, day care expenses, or any payments in lieu of any employer-paid
group insurance coverage, including the difference between single and family rates that
may be paid to a member with single coverage and certain amounts determined by the
executive director to be ineligible;

(3) the amount equal to that which the employing governmental subdivision would
otherwise pay toward single or family insurance coverage for a covered employee when,
through a contract or agreement with some but not all employees, the employer:

(i) discontinues, or for new hires does not provide, payment toward the cost of the
employee's selected insurance coverages under a group plan offered by the employer;

(ii) makes the employee solely responsible for all contributions toward the cost of
the employee's selected insurance coverages under a group plan offered by the employer,
including any amount the employer makes toward other employees' selected insurance
coverages under a group plan offered by the employer; and

(iii) provides increased salary rates for employees who do not have any
employer-paid group insurance coverages;

(4) except as provided in section 353.86 or 353.87, compensation of any kind paid to
volunteer ambulance service personnel or volunteer firefighters, as defined in subdivision
35 or 36; deleted text begin and
deleted text end

(5) the amount of compensation that exceeds the limitation provided in section
356.611new text begin ; and
new text end

new text begin (6) amounts paid by a federal or state grant for which the grant specifically
prohibits grant proceeds from being used to make pension plan contributions, unless the
contributions to the plan are made from sources other than the federal or state grant
new text end .

(c) Amounts provided to an employee by the employer through a grievance
proceeding or a legal settlement are salary only if the settlement is reviewed by the
executive director and the amounts are determined by the executive director to be
consistent with paragraph (a) and prior determinations.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2006, section 353.01, subdivision 11a, is amended to read:


Subd. 11a.

Termination of public service.

(a) "Termination of public service"
occurs (1) when a member resigns or is dismissed from public service by the employing
governmental subdivision and the employee does not, within 30 days of the date
the employment relationship ended, return to an employment position in the same
governmental subdivision; or (2) when the employer-employee relationship is severed due
to the expiration of a layoff under subdivision 12 or 12c.

(b) The termination of public service must be recorded in the association records
upon receipt of an appropriate notice from the governmental subdivision.

new text begin (c) A termination of public service does not occur if, prior to termination of service,
the member has an agreement, verbal or written, to return to a governmental subdivision
as an employee, independent contractor, or employee of an independent contractor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2007 Supplement, section 353.0161, subdivision 2, is
amended to read:


Subd. 2.

Purchase procedure.

(a) An employee covered by a plan specified in
subdivision 1 may purchase credit for allowable service in that plan for a period specified
in subdivision 1 if the employee makes a payment as specified in paragraph (b) or (c),
whichever applies. The employing unit, at its option, may pay the employer portion of the
amount specified in paragraph (b) on behalf of its employees.

(b) If payment is received by the executive director within one year from the deleted text begin end
of
deleted text end new text begin date the member returned to work following new text end the authorized leave, new text begin or within 30 days
after the date of termination of public service if the member did not return to work,
new text end the
payment amount is equal to the employee and employer contribution rates specified in
law for the applicable plan at the end of the leave periodnew text begin , or at termination of public
service, whichever is earlier,
new text end multiplied by the employee's deleted text begin hourly rate ofdeleted text end new text begin average monthly
new text end salary deleted text begin on the datedeleted text end new text begin upon which deductions were paid during the six months, or portion
thereof, before the commencement
new text end of deleted text begin return fromdeleted text end the leave of absence and by the deleted text begin days
and
deleted text end new text begin number of new text end months of the leave of absence for which the employee wants allowable
service credit. Payments made under this paragraph must include compound interest at
a monthly rate of 0.71 percent from the last day of the leave period until the last day of
the month in which payment is received.

(c) If payment is received by the executive director after one year, the payment
amount is the amount determined under section 356.551.new text begin Payment under this paragraph
must be made before the date the person terminates public service under section 353.01,
subdivision 11a.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2007.
new text end

Sec. 5.

Minnesota Statutes 2006, section 353.27, is amended by adding a subdivision
to read:


new text begin Subd. 7c. new text end

new text begin Limitation on additional plan coverage. new text end

new text begin No deductions for any
plan under this chapter or chapter 353E may be taken from the salary of a person who
is employed by a governmental subdivision under 353.01, subdivision 6, and who is
receiving disability benefit payments from any plan under this chapter or chapter 353E
unless the person waives the right to further disability benefit payments.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2007 Supplement, section 353.27, subdivision 14, is
amended to read:


Subd. 14.

Treatment of periods before initial coverage date.

(a) If an entity is
determined to be a governmental subdivision due to receipt of a written notice of eligibility
from the association, that employer and its employees are subject to the requirements
of subdivision 12, effective retroactively to the date that the executive director of
the association determines that the entity first met the definition of a governmental
subdivision, if that date predates the notice of eligibility.

(b) If the retroactive time period under paragraph (a) exceeds three years, an
employee is authorized to purchase service credit in the applicable Public Employees
Retirement Association plan for the portion of the period in excess of three years, by
making payment under section 356.551.new text begin Notwithstanding section 356.551, subdivision 2,
regarding time limits on purchases, payment may be made anytime before termination of
public service.
new text end

(c) This subdivision does not apply if the applicable employment under paragraph
(a) included coverage by any public or private defined benefit or defined contribution
retirement plan, other than a volunteer firefighters relief association. If this paragraph
applies, an individual is prohibited from purchasing service credit for any period or
periods specified in paragraph (a).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2006, section 353D.05, subdivision 2, is amended to read:


Subd. 2.

Investment options.

(a) A participant may elect to purchase shares in
the income share account, the growth share account, the international share account,
the money market account, the bond market account, the fixed interest account, or the
common stock index account established by section 11A.17, or a combination of those
accounts. The participant may elect to purchase shares in a combination of those accounts
by specifying the percentage of the total contributions to be used to purchase shares in
each of the accounts.

(b) A participant or a former participant may indicate in writing a choice of options
for subsequent purchases of shares. After a choice is made, until the participant or former
participant makes a different written indication, the executive director of the association
shall purchase shares in the supplemental investment account or accounts specified by
the participant. If no initial option is indicated by a participant or the specifications made
by the participant exceeds 100 percent to be invested in more than one account, the
executive director shall invest all contributions made by or on behalf of a participant in
the income share account. If the specifications are less than 100 percent, the executive
director shall invest the remaining percentage in the income share account. deleted text begin A choice of
investment options is effective the first of the month following the date of receipt of the
signed written choice of options.
deleted text end

(c) Shares in the fixed interest account attributable to any guaranteed investment
contract as of July 1, 1994, may not be withdrawn from the fund or transferred to another
account until the guaranteed investment contract has expired, unless the participant
qualifies for a benefit payment under section 353D.07.

(d) A participant or former participant may also change the investment options
selected for all or a portion of the individual's previously purchased shares in accounts,
subject to the provisions of paragraph (c) concerning the fixed interest account. deleted text begin A change
under this paragraph is effective the first of the month following the date of receipt of a
signed written choice of options.
deleted text end

(e) The change or selection of an investment option or the transfer of all or a portion
of the deceased or former participant's shares in the income share, growth share, common
stock index, bond market, international share, money market, or fixed interest accounts
must not be made following death of the participant or former participant.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

Minnesota Statutes 2006, section 356.551, subdivision 2, is amended to read:


Subd. 2.

Determination.

(a) Unless the minimum purchase amount set forth in
paragraph (c) applies, the prior service credit purchase amount is an amount equal to the
actuarial present value, on the date of payment, as calculated by the chief administrative
officer of the pension plan and reviewed by the actuary retained under section 356.214,
of the amount of the additional retirement annuity obtained by the acquisition of the
additional service credit in this section.

(b) Calculation of this amount must be made using the preretirement interest rate
applicable to the public pension plan specified in section 356.215, subdivision 8, and
the mortality table adopted for the public pension plan. The calculation must assume
continuous future service in the public pension plan until, and retirement at, the age at
which the minimum requirements of the fund for normal retirement or retirement with an
annuity unreduced for retirement at an early age, including section 356.30, are met with
the additional service credit purchased. The calculation must also assume a full-time
equivalent salary, or actual salary, whichever is greater, and a future salary history that
includes annual salary increases at the applicable salary increase rate for the plan specified
in section 356.215, subdivision 4d.

(c) The prior service credit purchase amount may not be less than the amount
determined by applying the current employee or member contribution rate, the employer
contribution rate, and the additional employer contribution rate, if any, to the person's
current annual salary and multiplying that result by the number of whole and fraction
years of service to be purchased.

(d) new text begin Unless otherwise provided by statutes governing a specific plan, new text end payment must
be made in one lump sum within one year of the prior service credit authorizationnew text begin or prior
to the member's effective date of retirement, whichever is earlier
new text end . Payment of the amount
calculated under this section must be made by the applicable eligible person.

(e) However, the current employer or the prior employer may, at its discretion, pay
all or any portion of the payment amount that exceeds an amount equal to the employee
contribution rates in effect during the period or periods of prior service applied to the
actual salary rates in effect during the period or periods of prior service, plus interest at the
rate of 8.5 percent a year compounded annually from the date on which the contributions
would otherwise have been made to the date on which the payment is made. If the
employer agrees to payments under this subdivision, the purchaser must make the
employee payments required under this subdivision within 90 days of the prior service
credit authorization. If that employee payment is made, the employer payment under this
subdivision must be remitted to the chief administrative officer of the public pension plan
within 60 days of receipt by the chief administrative officer of the employee payments
specified under this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 7

MINNESOTA STATE RETIREMENT SYSTEM PROVISIONS

Section 1.

Minnesota Statutes 2007 Supplement, section 352.017, subdivision 2,
is amended to read:


Subd. 2.

Purchase procedure.

(a) An employee covered by a plan specified in
this chapter may purchase credit for allowable service in that plan for a period specified
in subdivision 1 if the employee makes a payment as specified in paragraph (b) or (c),
whichever applies. The employing unit, at its option, may pay the employer portion of the
amount specified in paragraph (b) on behalf of its employees.

(b) If payment is received by the executive director within one year from the deleted text begin end ofdeleted text end
new text begin date the employee returned to work following new text end the authorized leave, the payment amount is
equal to the employee and employer contribution rates specified in law for the applicable
plan at the end of the leave period multiplied by the employee's hourly rate of salary on
the date of return from the leave of absence and by the days and months of the leave of
absence for which the employee deleted text begin wantsdeleted text end new text begin is eligible for new text end allowable service credit. deleted text begin Payments
made under this paragraph
deleted text end new text begin The payment new text end must include compound interest at a monthly
rate of 0.71 percent from the last day of the leave period until the last day of the month in
which payment is received.new text begin If payment is received by the executive director after one year,
the payment amount is the amount determined under section 356.551. Payment under this
paragraph must be made before the date of termination from public employment covered
under chapter 352.
new text end

(c) deleted text begin If payment is received by the executive director after one year, the payment
amount is the amount determined under section 356.551.
deleted text end new text begin If the employee terminates
employment covered by this chapter during the leave or following the leave rather than
returning to covered employment, payment must be received by the executive director
within 30 days after the termination date. The payment amount is equal to the employee
and employer contribution rates specified in law for the applicable plan on the day prior to
termination date, multiplied by the employee's hourly rate of salary on that date and by the
days and months of the leave of absence prior to termination.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2007.
new text end

Sec. 2.

Minnesota Statutes 2006, section 352.22, subdivision 10, is amended to read:


Subd. 10.

Other refunds.

Former employees covered by the system are entitled
to apply for refunds if they are or become members of the State Patrol retirement fund,
the state Teachers Retirement Association, or employees of the University of Minnesota
excluded from coverage under the system by action of the Board of Regents; or employees
of the adjutant general who under federal law effectually elect membership in a federal
retirement system; or officers or employees of the senate or house of representatives,
excluded from coverage under section 352.01, subdivision 2b, clause (7). The refunds
must include accumulated contributions plus interest as provided in subdivision 2. deleted text begin These
employees may apply for a refund once 30 days or more have elapsed after their coverage
ceases, even if they continue in state service but in positions not covered by this chapter.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2007 Supplement, section 352.955, subdivision 3, is
amended to read:


Subd. 3.

Payment of additional equivalent contributions; post-June 30, 2007,
coverage transfers.

(a) An eligible employee who deleted text begin wasdeleted text end new text begin is new text end transferred to plan coverage
after June 30, 2007, and who elects to transfer past service credit under this section must
pay an additional member contribution for that prior service period. The additional
member contribution is deleted text begin (1) the difference between the member contribution rate or rates
for the general state employees retirement plan of the Minnesota State Retirement System
for the period of employment covered by the service credit to be transferred and the
member contribution rate or rates for the correctional state employees retirement plan
for the most recent 12 month period of employment covered by the service credit to be
transferred, plus annual compound interest at the rate of 8.5 percent, and (2)
deleted text end new text begin the amount
computed under paragraph (b), plus the greater of the amount computed under paragraph
(c), or
new text end 40 percent of the unfunded actuarial accrued liability attributable to the past service
credit transfer. deleted text begin The unfunded actuarial accrued liability attributable to the past service
credit transfer is the present value of the benefit obtained by the transfer of the service
credit to the correctional state employees retirement plan reduced by the amount of the
asset transfer under subdivision 4, by the amount of the member contribution equivalent
payment under clause (1), and by the amount of the employer contribution equivalent
payment under paragraph (c), clause (1).
deleted text end

(b) new text begin The executive director shall compute, for the most recent 12 months of service
credit eligible for transfer, or for the entire period eligible for transfer if less than 12
months, the difference between the employee contribution rate or rates for the general state
employees retirement plan and the employee contribution rate or rates for the correctional
state employees retirement plan applied to the eligible employee's salary during that
transfer period, plus compound interest at a monthly rate of 0.71 percent.
new text end

new text begin (c) The executive director shall compute, for any service credit being transferred
on behalf of the eligible employee and not included under paragraph (b), the difference
between the employee contribution rate or rates for the general state employees retirement
plan and the employee contribution rate or rates for the correctional state employees
retirement plan applied to the eligible employee's salary during that transfer period, plus
compound interest at a monthly rate of 0.71 percent.
new text end

new text begin (d) The executive director shall compute an amount using the process specified in
paragraph (b), but based on differences in employer contribution rates between the general
state employees retirement plan and the correctional state employees retirement plan
rather than employee contribution rates.
new text end

new text begin (e) The executive director shall compute an amount using the process specified in
paragraph (c), but based on differences in employer contribution rates between the general
state employees retirement plan and the correctional state employees retirement plan
rather than employee contribution rates.
new text end

new text begin (f) new text end The additional equivalent member contribution under this subdivision must be
paid in a lump sum. Payment must accompany the election to transfer the prior service
credit. No transfer election or additional equivalent member contribution payment may be
made by a person or accepted by the executive director after the one year anniversary date
of the effective date of the retirement coverage transfer, or the date on which the eligible
employee terminates state employment, whichever is earlier.

deleted text begin (c)deleted text end new text begin (g) new text end If an eligible employee elects to transfer past service credit under this section
and pays the additional equivalent member contribution amount under deleted text begin subdivision 2deleted text end new text begin
paragraph (a)
new text end , the applicable department shall pay an additional equivalent employer
contribution amount. The additional employer contribution is deleted text begin (1) the difference between
the employer contribution rate or rates for the general state employees retirement plan
for the period of employment covered by the service credit to be transferred and the
employer contribution rate or rates for the correctional state employees retirement
plan for the period of employment covered by the service credit to be transferred, plus
annual compound interest at the rate of 8.5 percent, and (2)
deleted text end new text begin the amount computed under
paragraph (d), plus the greater of the amount computed under paragraph (e), or
new text end 60 percent
of the unfunded actuarial accrued liability attributable to the past service credit transferdeleted text begin
calculated as provided in paragraph (a), clause (2)
deleted text end .

new text begin (h) The unfunded actuarial accrued liability attributable to the past service credit
transfer is the present value of the benefit obtained by the transfer of the service credit
to the correctional state employees retirement plan reduced by the amount of the asset
transfer under subdivision 4, by the amount of the member contribution equivalent
payment computed under paragraph (b), and by the amount of the employer contribution
equivalent payment computed under paragraph (d).
new text end

deleted text begin (d)deleted text end new text begin (i) new text end The additional equivalent employer contribution under this subdivision must
be paid in a lump sum and must be paid within 30 days of the date on which the executive
director of the Minnesota State Retirement System certifies to the applicable department
that the employee paid the additional equivalent member contribution.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2007 Supplement, section 352.955, subdivision 5, is
amended to read:


Subd. 5.

Effect of the asset transfer.

Upon the transfer of assets under subdivision
4, the service credit in the general state employees retirement plan of the Minnesota State
Retirement System new text begin related to the period being transferred new text end is forfeited and may not be
reinstated. The transferred service credit and the transferred assets must be credited to the
correctional state employees retirement plan and fund, respectively.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2006, section 352D.075, subdivision 2a, is amended to read:


Subd. 2a.

Surviving spouse coverage term certain.

In lieu of the annuity under
subdivision 2, clause (2) or (3), or in lieu of a distribution under subdivision 2, clause (1),
the surviving spouse of a deceased participant may elect to receive survivor coverage in
the form of a term certain annuity of deleted text begin five, sixdeleted text end new text begin tennew text end , 15, or 20 years, based on the value of
the remaining shares. The monthly term certain annuity must be calculated under section
352D.06, subdivision 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6. new text begin REPEALER.
new text end

new text begin Laws 2005, First Special Session chapter 8, article 1, section 23, new text end new text begin is repealed
retroactive from July 26, 2005.
new text end

ARTICLE 8

TEACHERS RETIREMENT ASSOCIATION PROVISIONS

Section 1.

Minnesota Statutes 2006, section 354.05, subdivision 37, is amended to read:


Subd. 37.

Termination of teaching service.

"Termination of teaching service"
means the withdrawal of a member from active teaching service by resignation or the
termination of the member's teaching contract by the employer. A member is not
considered to have terminated teaching service, if before the new text begin age of 62, and before the new text end
effective date of the termination or retirement, the member has entered into a new text begin written new text end
contract to resume teaching service with an employing unit covered by the provisions
of this chapter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 2.

Minnesota Statutes 2007 Supplement, section 354.096, subdivision 2, is
amended to read:


Subd. 2.

Payment.

(a) Notwithstanding any laws to the contrary, a member who
is granted a family leave under United States Code, title 42, section 12631, may receive
allowable service credit for the leave by making payment deleted text begin of the employee, employer, and
additional employer contributions at the rates under section 354.42, during the leave
period as applied to the member's average full-time monthly salary rate on the date the
leave commenced
deleted text end new text begin under section 354.72new text end .

deleted text begin (b) If payment is made after the leave terminates, section 354.72 applies.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 3.

Minnesota Statutes 2006, section 354.33, subdivision 5, is amended to read:


Subd. 5.

Retirees not eligible for federal benefits.

deleted text begin Notwithstanding the provisions
of section 354.55, subdivision 3,
deleted text end When any person retires after July 1, 1973, who (1)
has ten or more years of allowable service, and (2) does not have any retroactive Social
Security coverage by reason of the person's position in the retirement system, and (3) does
not qualify for federal old age and survivor primary benefits at the time of retirement, the
annuity must be computed under section 354.44, subdivision 2, of the law in effect on
June 30, 1969, except that accumulations after June 30, 1957, must be calculated using the
same mortality table and interest assumption as are used to transfer the required reserves
to the Minnesota postretirement investment fund.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 354.44, subdivision 6a; 354.465; 354.51,
subdivision 4; and 354.55, subdivisions 2, 3, 6, 12, and 15,
new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 9

REPEAL OF OBSOLETE LEAVE
AND ELECTION PROCEDURES

Section 1. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 354A.091, subdivisions 1a and 1b; and 355.629, new text end new text begin
are repealed.
new text end