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Capital IconMinnesota Legislature

SF 3540

3rd Engrossment - 92nd Legislature (2021 - 2022) Posted on 06/01/2022 09:21am

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

Current Version - 3rd Engrossment

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 2.1 2.2 2.3 2.4 2.5 2.6
2.7 2.8
2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19
3.20
3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 5.1 5.2 5.3 5.4 5.5
5.6
5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23
6.24 6.25
7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11
8.12
8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29
9.30
9.31 9.32 9.33 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14
11.15
11.16 11.17 11.18 11.19 11.20 11.21
11.22
11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13
13.14
13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21
14.22
14.23 14.24
14.25 14.26 14.27 14.28 14.29 14.30 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8
19.9 19.10 19.11
19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30
19.31
20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27
20.28
20.29 20.30 20.31 20.32 21.1 21.2 21.3 21.4 21.5
21.6 21.7 21.8
21.9 21.10
21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32
21.33
22.1 22.2
22.3 22.4 22.5 22.6 22.7
22.8
22.9 22.10 22.11 22.12 22.13 22.14
22.15
22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31
23.1
23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 24.1 24.2 24.3 24.4 24.5 24.6 24.7
24.8
24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19
25.20
25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19
26.20
26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13
27.14
27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 27.34 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20
28.21
28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33
29.1
29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 30.1 30.2
30.3
30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14
30.15
30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30
31.31
32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34 33.1 33.2 33.3 33.4 33.5 33.6 33.7
33.8
33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11
34.12
34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 34.33 35.1 35.2 35.3 35.4 35.5 35.6 35.7
35.8
35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13
37.14
37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33 38.34
39.1
39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20
39.21
39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 40.34 41.1 41.2 41.3
41.4
41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 42.1 42.2 42.3 42.4 42.5 42.6 42.7
42.8
42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12
43.13 43.14
43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 44.1 44.2 44.3
44.4
44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29
44.30
45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22
45.23
45.24 45.25 45.26
45.27
45.28 45.29 45.30 45.31
46.1
46.2 46.3
46.4 46.5 46.6 46.7 46.8 46.9
46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29
47.30 47.31 47.32 47.33 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29
48.30 48.31 48.32 48.33 49.1 49.2
49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12
49.13 49.14 49.15 49.16 49.17 49.18
49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 50.34
51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10
51.11 51.12 51.13 51.14 51.15 51.16
51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 52.1 52.2
52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16
52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29
52.30 52.31 52.32 52.33 53.1 53.2
53.3 53.4 53.5 53.6 53.7
53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 53.33 54.1 54.2 54.3 54.4
54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16
54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 54.34 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11
55.12 55.13
55.14 55.15
55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 57.1 57.2 57.3 57.4 57.5
57.6
57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13
58.14
58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28
58.29
59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11
59.12
59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22
59.23
59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16
60.17
60.18 60.19
60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30
60.31
61.1 61.2 61.3 61.4
61.5 61.6
61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16
62.17
62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27
63.28
63.29 63.30 63.31 63.32 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14
65.15
65.16 65.17
65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33
66.1 66.2 66.3 66.4 66.5 66.6
66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20
66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32
67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8
67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 67.34 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25
68.26 68.27 68.28 68.29
68.30 68.31 68.32 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33
70.1 70.2 70.3 70.4 70.5 70.6
70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27
70.28 70.29 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10
72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31
73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32
75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12
75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 76.1 76.2 76.3
76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31
77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30
78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27
78.28 78.29 78.30 78.31 78.32 78.33 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20
79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 79.33 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13
80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 81.1 81.2 81.3 81.4
81.5 81.6 81.7 81.8 81.9

A bill for an act
relating to retirement; authorizing certain medical professionals (APRNs) to provide
disability assessments for all public pension plans; authorizing the purchase of
service credit for periods of military service under the Minnesota State Retirement
System (MSRS) plans; adding Department of Human Services positions to the
positions eligible for coverage by the MSRS correctional plan; permitting the
transfer of service credit from the MSRS general plan to the correctional plan;
permitting a surviving spouse to purchase vesting service and receive a pension
from the MSRS general plan; reinstating segmented annuities for Public Employees
Retirement Association (PERA) plans; excluding union employees of the Duluth
Transit Authority from PERA membership and providing vesting credit under
PERA for non-union employees; adding alternative vesting schedules under the
PERA statewide volunteer firefighter plan and eliminating the restriction on the
pension amount for firefighters retiring within five years of joining the plan;
temporarily suspending the earnings limitation for reemployed retired teachers;
adopting the recommendations of the state auditor's volunteer fire relief association
working group; requiring the state auditor to provide annual investment reports to
relief associations; clarifying the classification of State Board of Investment
professional employees; requiring the Department of Labor and Industry to study
the adequacy of disability benefits for police officers; authorizing service credit
purchases for teaching service in other states; making various administrative,
technical, and clarifying changes; requiring reports; appropriating money; amending
Minnesota Statutes 2020, sections 11A.04; 11A.07, subdivision 4, by adding
subdivisions; 43A.18, subdivision 3b; 179A.10, subdivision 1; 352.01, by adding
a subdivision; 352.113, subdivision 4; 352.27; 352.87, subdivision 6; 352.91,
subdivision 3f; 352.94; 352.95, subdivisions 4, 6; 352B.011, by adding a
subdivision; 352B.05; 352B.086; 352B.10, subdivision 4; 353.01, by adding a
subdivision; 353.031, subdivisions 3, 7, 8; 353.32, subdivision 1a; 353.34,
subdivision 5, by adding a subdivision; 353.657, subdivision 2a; 353.68, subdivision
4; 353G.01, subdivisions 7, 9a; 353G.05, subdivisions 1, 2, 3, by adding a
subdivision; 353G.09, subdivisions 1, 2; 354.05, by adding a subdivision; 354.48,
subdivisions 4, 6, 6a; 354A.011, by adding subdivisions; 354A.36, subdivisions
4, 6, by adding a subdivision; 356.20, subdivision 2; 356.24, subdivision 3; 356.551,
subdivision 2; 356.645; 356A.06, subdivisions 6, 8a; 424A.001, subdivision 4;
424A.003; 424A.015, subdivision 2; 424A.05, subdivision 3, by adding a
subdivision; 424A.08; 424A.092, subdivision 6; 424A.093, subdivision 6;
424A.095; 424A.10, subdivisions 1, 3; Minnesota Statutes 2021 Supplement,
sections 353.01, subdivision 2b; 353G.11, subdivision 1; 424A.02, subdivisions
3, 3a; 424A.091, subdivision 3; 424A.093, subdivision 1; 424A.10, subdivision
2; 424B.10, subdivision 1b; 424B.13, subdivisions 4, 5, 8; 424B.22, subdivision
4; proposing coding for new law in Minnesota Statutes, chapters 352; 352B; 354;
354A; repealing Minnesota Statutes 2020, section 353G.09, subdivision 3;
Minnesota Statutes 2021 Supplement, section 424A.02, subdivisions 2a, 2b, 2c.

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

ARTICLE 1

MINNESOTA STATE RETIREMENT SYSTEM

Section 1.

Minnesota Statutes 2020, section 352.27, is amended to read:


352.27 new text beginFEDERALLY PROTECTED PURCHASE OF SERVICE new text endCREDIT FOR
deleted text begin BREAK IN SERVICE TO PROVIDE UNIFORMEDdeleted text end new text beginPERIODS OF MILITARY
new text end SERVICE.

(a) An employee who is absent from employment by reason of service in the uniformed
services, as defined in United States Code, title 38, section 4303(13), and who returns to
state service upon discharge from service in the uniformed service within the time frames
required in United States Code, title 38, section 4312(e), may obtain service credit for the
period of the uniformed service as further specified in this section, provided that the employee
did not separate from uniformed service with a dishonorable or bad conduct discharge or
under other than honorable conditions.

(b) The employee may obtain credit by paying into the fund an equivalent employee
contribution based upon the contribution rate or rates in effect at the time that the uniformed
service was performed multiplied by the full and fractional years being purchased and
applied to the annual salary rate. The annual salary rate is the average annual salary during
the purchase period that the employee would have received if the employee had continued
to be employed in covered employment rather than deleted text beginto providedeleted text end new text beginhaving performed new text enduniformed
service, or, if the determination of that rate is not reasonably certain, the annual salary rate
is the employee's average salary rate during the 12-month period of covered employment
rendered immediately preceding the period of the uniformed service.

(c) The equivalent employer contribution and, if applicable, the equivalent additional
employer contribution provided in this chapter must be paid by the department employing
the employee from funds available to the department at the time and in the manner provided
in this chapter, using the employer and additional employer contribution rate or rates in
effect at the time that the uniformed service was performed, applied to the same annual
salary rate or rates used to compute the equivalent employee contribution.

(d) If the employee equivalent contributions provided in this section are not paid in full,
the employee's allowable service credit must be prorated by multiplying the full and fractional
number of years of uniformed service eligible for purchase by the ratio obtained by dividing
the total employee contribution received by the total employee contribution otherwise
required under this section.

(e) To receive service credit under this section, the new text beginequivalent employee new text endcontributions
specified in deleted text beginthis sectiondeleted text end new text beginparagraph (b) new text endmust be transmitted to the Minnesota State Retirement
System during the period which begins with the date on which the individual returns to state
service and which has a duration of three times the length of the uniformed service period,
but not to exceed five years. If the determined payment period is less than deleted text beginone yeardeleted text endnew text begin three
years
new text end, the contributions required under deleted text beginthis sectiondeleted text end new text beginparagraph (b) new text endto receive service credit
deleted text begin maydeleted text end new text beginmust new text endbe made within deleted text beginone yeardeleted text end new text beginthree years new text endof the discharge date.

(f) The amount of service credit obtainable under this section may not exceed five years
unless a longer purchase period is required under United States Code, title 38, section 4312.

(g) The employing unit shall pay interest on all equivalent employee and employer
contribution amounts payable under this section. Interest must be at the applicable annual
rate or rates specified in section 356.59, subdivision 2, compounded annually, from the end
of each fiscal year of the leave or the break in service to the end of the month in which the
payment is received.

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.

new text begin [352.272] STATE-AUTHORIZED PURCHASE OF SERVICE CREDIT FOR
PERIODS OF MILITARY SERVICE.
new text end

new text begin Subdivision 1. new text end

new text begin Service credit purchase authorized. new text end

new text begin (a) Unless prohibited under
paragraph (b), an employee is eligible to purchase service credit, not to exceed five
cumulative years of service credit, for one or more periods of service in the uniformed
services, as defined in United States Code, title 38, section 4303(13), if:
new text end

new text begin (1) the employee has at least three years of service credit with the general state employees
retirement plan or the correctional state employees retirement plan under this chapter;
new text end

new text begin (2) the duration of the employee's current period of employment is at least six months;
and
new text end

new text begin (3) one of the following applies:
new text end

new text begin (i) the employee's service in the uniformed services occurred before becoming a state
employee as defined in section 352.01, subdivision 2; or
new text end

new text begin (ii) the employee did not obtain service credit for a period of military service under
section 352.27.
new text end

new text begin (b) A service credit purchase is prohibited if:
new text end

new text begin (1) the employee separated from uniformed service with a dishonorable or bad conduct
discharge or under other than honorable conditions; or
new text end

new text begin (2) the employee has purchased or otherwise received service credit from any Minnesota
public employee pension plan for the same period of service in the uniformed services.
new text end

new text begin (c) When purchasing a period of service, if the period of service in the uniformed services
is one year or less, then the employee must purchase the full period of service. If the period
of service in the uniformed services is longer than one year, the employee may purchase
the full period, not to exceed five cumulative years, or may purchase a portion of the period
of service. If the employee purchases a portion of the period of service in the uniformed
services, the portion must:
new text end

new text begin (1) not be less than one year; and
new text end

new text begin (2) be in increments of six months of service.
new text end

new text begin Subd. 2. new text end

new text begin Application and documentation. new text end

new text begin To purchase service credit under subdivision
1, an employee must apply to the executive director to make the purchase. The application
must include all necessary documentation of the employee's qualifications to make the
purchase, signed written permission to allow the executive director to request and receive
necessary verification of applicable facts and eligibility requirements, and any other relevant
information that the executive director may require. The employee must submit with the
application payment of the administrative fee in the amount of $250 to cover the costs of
calculating the purchase payment amount under section 356.551. If the employee proceeds
with the purchase, the administrative fee will be credited toward the purchase payment
amount.
new text end

new text begin Subd. 3. new text end

new text begin Purchase payment amount; service credit grant. new text end

new text begin (a) The purchase payment
amount is the amount determined under section 356.551 for the period or periods of service
requested, except that, for purposes of calculating the purchase payment amount to purchase
service credit for service in the uniformed services that occurred before becoming a state
employee or between periods of employment as a state employee, section 356.551,
subdivision 2, paragraph (c), does not apply.
new text end

new text begin (b) Service credit must be granted by the applicable plan to the purchasing employee
upon the executive director's receipt of the purchase payment amount. The service credit
purchased under this section may not be used for the purpose of determining a disability
benefit under section 352.113 or 352.95.
new text end

new text begin (c) Payment must be made before the effective date of the employee's retirement.
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. 3.

Minnesota Statutes 2020, section 352.91, subdivision 3f, is amended to read:


Subd. 3f.

Additional Department of Human Services personnel.

(a) "Covered
correctional service" means service by a state employee in one of the employment positions
specified in paragraph (b) in the state-operated forensic services program or the Minnesota
Sex Offender Program if at least 75 percent of the employee's working time is spent in direct
contact with patients and the determination of this direct contact is certified to the executive
director by the commissioner of human services.

(b) The employment positions are:

(1) behavior analyst 2;

(2) behavior analyst 3;

(3) certified occupational therapy assistant 1;

(4) certified occupational therapy assistant 2;

(5) chemical dependency counselor senior;

(6) client advocate;

(7) clinical program therapist 2;

(8) clinical program therapist 3;

(9) clinical program therapist 4;

(10) customer services specialist principal;

(11) dental assistant registered;

new text begin (12) dental hygienist;
new text end

deleted text begin (12)deleted text endnew text begin (13)new text end group supervisor;

deleted text begin (13)deleted text end new text begin(14) new text endgroup supervisor assistant;

deleted text begin (14)deleted text end new text begin(15) new text endhuman services support specialist;

deleted text begin (15)deleted text end new text begin(16) new text endlicensed alcohol and drug counselor;

deleted text begin (16)deleted text end new text begin(17) new text endlicensed practical nurse;

deleted text begin (17)deleted text end new text begin(18) new text endmanagement analyst 3;

deleted text begin (18)deleted text end new text begin(19) new text endoccupational therapist;

deleted text begin (19)deleted text end new text begin(20) new text endoccupational therapist, senior;

deleted text begin (20)deleted text end new text begin(21) new text endphysical therapist;

deleted text begin (21)deleted text end new text begin(22) new text endpsychologist 1;

deleted text begin (22)deleted text end new text begin(23) new text endpsychologist 2;

deleted text begin (23deleted text end) new text begin(24) new text endpsychologist 3;

deleted text begin (24)deleted text end new text begin(25) new text endrecreation program assistant;

deleted text begin (25)deleted text end new text begin(26) new text endrecreation therapist lead;

deleted text begin (26)deleted text end new text begin(27) new text endrecreation therapist senior;

deleted text begin (27)deleted text end new text begin(28) new text endrehabilitation counselor senior;

new text begin (29) residential program lead;
new text end

deleted text begin (28)deleted text end new text begin(30) new text endsecurity supervisor;

deleted text begin (29)deleted text end new text begin(31) new text endskills development specialist;

deleted text begin (30)deleted text end new text begin(32) new text endsocial worker senior;

deleted text begin (31)deleted text end new text begin(33) new text endsocial worker specialist;

deleted text begin (32)deleted text end new text begin(34) new text endsocial worker specialist, senior;

deleted text begin (33)deleted text end new text begin(35) new text endspecial education program assistant;

deleted text begin (34)deleted text end new text begin(36) new text endspeech pathology clinician;

deleted text begin (35)deleted text end new text begin(37) new text endwork therapy assistant; and

deleted text begin (36)deleted text end new text begin(38) new text endwork therapy program coordinator.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective on the first day of the first payroll period
occurring after the date of enactment and applies to prospective service only.
new text end

Sec. 4.

Minnesota Statutes 2020, section 352B.086, is amended to read:


352B.086 new text beginFEDERALLY PROTECTED PURCHASE OF new text endSERVICE CREDIT FOR
deleted text begin UNIFORMEDdeleted text end new text beginPERIODS OF MILITARY new text endSERVICE.

(a) A member who is absent from employment by reason of service in the uniformed
services, as defined in United States Code, title 38, section 4303(13), and who returns to
state employment in a position covered by the plan upon discharge from service in the
uniformed services within the time frame required in United States Code, title 38, section
4312(e), may obtain service credit for the period of the uniformed service, provided that
the member did not separate from uniformed service with a dishonorable or bad conduct
discharge or under other than honorable conditions.

(b) The member may obtain credit by paying into the fund an equivalent member
contribution based on the member contribution rate or rates in effect at the time that the
uniformed service was performed multiplied by the full and fractional years being purchased
and applied to the annual salary rate. The annual salary rate is the average annual salary
during the purchase period that the member would have received if the member had continued
to provide employment services to the state rather than to provide uniformed service, or if
the determination of that rate is not reasonably certain, the annual salary rate is the member's
average salary rate during the 12-month period of covered employment rendered immediately
preceding the purchase period.

(c) The equivalent employer contribution and, if applicable, the equivalent employer
additional contribution, must be paid by the employing unit, using the employer and employer
additional contribution rate or rates in effect at the time that the uniformed service was
performed, applied to the same annual salary rate or rates used to compute the equivalent
member contribution.

(d) If the member equivalent contributions provided for in this section are not paid in
full, the member's allowable service credit must be prorated by multiplying the full and
fractional number of years of uniformed service eligible for purchase by the ratio obtained
by dividing the total member contributions received by the total member contributions
otherwise required under this section.

(e) To receive allowable service credit under this section, the new text beginequivalent member
new text end contributions specified in deleted text beginthis sectiondeleted text end new text beginparagraph (b) new text endmust be transmitted to the fund during
the period which begins with the date on which the individual returns to state employment
covered by the plan and which has a duration of three times the length of the uniformed
service period, but not to exceed five years. If the determined payment period is calculated
to be less than deleted text beginone yeardeleted text endnew text begin three yearsnew text end, the contributions required under deleted text beginthis sectiondeleted text end new text beginparagraph
(b)
new text endto receive service credit must be transmitted to the fund within deleted text beginone yeardeleted text end new text beginthree years new text endfrom
the discharge date.

(f) The amount of allowable service credit obtainable under this section may not exceed
five years, unless a longer purchase period is required under United States Code, title 38,
section 4312.

(g) The employing unit shall pay interest on all equivalent member and employer
contribution amounts payable under this section. Interest must be computed at the applicable
annual rate or rates specified in section 356.59, subdivision 2, compounded annually, from
the end of each fiscal year of the leave or break in service to the end of the month in which
payment is received.

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.

new text begin [352B.087] STATE-AUTHORIZED PURCHASE OF SERVICE CREDIT
FOR PERIODS OF MILITARY SERVICE.
new text end

new text begin Subdivision 1. new text end

new text begin Service credit purchase authorized. new text end

new text begin (a) Unless prohibited under
paragraph (b), a member is eligible to purchase service credit, not to exceed five cumulative
years of service credit, for one or more periods of service in the uniformed services, as
defined in United States Code, title 38, section 4303(13), if:
new text end

new text begin (1) the member has at least three years of service credit with the plan;
new text end

new text begin (2) the duration of the member's current period of employment is at least six months;
and
new text end

new text begin (3) one of the following applies:
new text end

new text begin (i) the member's service in the uniformed services occurred before employment in a
position covered by the plan; or
new text end

new text begin (ii) the member did not obtain service credit for a period of military service under section
352B.086.
new text end

new text begin (b) A service credit purchase is prohibited if:
new text end

new text begin (1) the member separated from uniformed service with a dishonorable or bad conduct
discharge or under other than honorable conditions; or
new text end

new text begin (2) the member has purchased or otherwise received service credit from any Minnesota
public employee pension plan for the same period of service in the uniformed services.
new text end

new text begin (c) When purchasing a period of service, if the period of service in the uniformed services
is one year or less, then the member must purchase the full period of service. If the period
of service in the uniformed services is longer than one year, the member may purchase the
full period, not to exceed five cumulative years, or may purchase a portion of the period of
service. If the member purchases a portion of the period of service in the uniformed services,
the portion must:
new text end

new text begin (1) not be less than one year; and
new text end

new text begin (2) be in increments of six months of service.
new text end

new text begin Subd. 2. new text end

new text begin Application and documentation. new text end

new text begin To purchase service credit under subdivision
1, a member must apply to the executive director to make the purchase. The application
must include all necessary documentation of the member's qualifications to make the
purchase, signed written permission to allow the executive director to request and receive
necessary verification of applicable facts and eligibility requirements, and any other relevant
information that the executive director may require. The member must submit with the
application payment of the administrative fee in the amount of $250 to cover the costs of
calculating the purchase payment amount under section 356.551. If the member proceeds
with the purchase, the administrative fee will be credited toward the purchase payment
amount.
new text end

new text begin Subd. 3. new text end

new text begin Purchase payment amount; service credit grant. new text end

new text begin (a) The purchase payment
amount is the amount determined under section 356.551 for the period or periods of service
requested, except that, for purposes of calculating the purchase payment amount to purchase
service credit for service in the uniformed services that occurred before employment in a
position covered by the plan or between periods of employment in a position covered by
the plan, section 356.551, subdivision 2, paragraph (c), does not apply.
new text end

new text begin (b) Service credit must be granted by the plan to the purchasing member upon the
executive director's receipt of the purchase payment amount. The service credit purchased
under this section may not be used for the purpose of determining a disability benefit under
section 352B.10.
new text end

new text begin (c) Payment must be made before the effective date of the member's retirement.
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 2020, 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 investment return assumption
applicable to the public pension plan specified in section 356.215, subdivision 8, and the
mortality table adopted for the public pension plan.

(1) Unless clause (2) applies, 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 8.

(2) This clause applies when the calculation is being done for purposes of section new text begin352.272,
352B.087, or
new text end353.0141, subdivision 3. The calculation must include continuous future
service in the public pension plan until, and retirement at, any age at or after which the
minimum requirements of the fund for early 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 be determined using the retirement age that
provides the most valuable benefit to the member. 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 8.

(c) The prior service credit purchase amount may not be less than the amount determined
by applying, for each year or fraction of a year being purchased, the sum of the employee
contribution rate, the employer contribution rate, and the additional employer contribution
rate, if any, applicable during that period, to the person's annual salary during that period,
or fractional portion of a year's salary, if applicable, plus interest at the applicable annual
rate or rates specified in section 356.59, subdivision 2, 3, 4, or 5, whichever applies,
compounded annually, from the end of the year in which contributions would otherwise
have been made to the date on which the payment is received.

(d) Unless otherwise provided by statutes governing a specific plan, payment must be
made in one lump sum within one year of the prior service credit authorization or prior to
the member's effective date of retirement, whichever is earlier. 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
applicable annual rate or rates specified in section 356.59, subdivision 2, 3, 4, or 5, whichever
applies, 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

Sec. 7. new text beginDENTAL HYGIENIST AND RESIDENTIAL PROGRAM LEAD
PERMITTED TO TRANSFER PRIOR MSRS-GENERAL SERVICE CREDIT.
new text end

new text begin For the purposes of Minnesota Statutes, section 352.955, subdivision 1, paragraph (b),
a person employed as a residential program lead or as a dental hygienist under Minnesota
Statutes, section 352.91, subdivision 3f, must be determined to be a person who is covered
by legislation implementing the recommendations under section 352.91, subdivision 4a.
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. 8. new text beginTRANSFER OF PAST SERVICE CREDIT FROM MINNESOTA STATE
RETIREMENT SYSTEM GENERAL PLAN TO CORRECTIONAL PLAN.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The following terms have the meanings given in this
subdivision:
new text end

new text begin (1) "Correctional plan" means the correctional employees retirement plan of the
Minnesota State Retirement System.
new text end

new text begin (2) "Executive director" means the executive director of the Minnesota State Retirement
System.
new text end

new text begin (3) "General plan" means the general state employees retirement plan of the Minnesota
State Retirement System.
new text end

new text begin (4) "Service credit" means time credited as allowable service under Minnesota Statutes,
section 352.01, subdivision 11, to an eligible person described in subdivision 3.
new text end

new text begin (5) "Transfer period" means the period from August 9, 2017, to December 22, 2020.
new text end

new text begin Subd. 2. new text end

new text begin Transfer of past service credit authorized. new text end

new text begin Notwithstanding any state law to
the contrary, an eligible person described in subdivision 3 who makes payment to the
correctional employees retirement fund, as permitted under subdivision 4, on or before one
year following the effective date of this section is entitled to have:
new text end

new text begin (1) the employer payment made on the eligible person's behalf under subdivision 5; and
new text end

new text begin (2) applicable past service credit transferred from the general plan to the correctional
plan for the transfer period under subdivision 6.
new text end

new text begin Subd. 3. new text end

new text begin Eligible person. new text end

new text begin An eligible person is a person who:
new text end

new text begin (1) is an employee of the Department of Corrections;
new text end

new text begin (2) on August 9, 2017, was promoted to the position of corrections transitions program
coordinator, a position eligible to participate in the correctional plan; and
new text end

new text begin (3) from August 9, 2017, to December 22, 2020, was erroneously covered by the general
plan because the department misreported the person's retirement plan eligibility to the
Minnesota State Retirement System.
new text end

new text begin Subd. 4. new text end

new text begin Payment by eligible person. new text end

new text begin (a) An eligible person may pay to the executive
director the difference between the employee contribution rate for the general plan and the
employee contribution rate for the correctional plan for the transfer period. The difference
between the two rates must be applied to the eligible person's salary at the time that each
contribution would have been deducted from pay if the eligible person had been covered
by the correctional plan for the transfer period. The payment must include interest at the
applicable annual rate or rates specified in Minnesota Statutes, section 356.59, subdivision
2, calculated from the date that each contribution would have been deducted to the date that
payment is made.
new text end

new text begin (b) The payment under paragraph (a) must be made in a lump sum no later than one year
following the effective date. Upon receipt of the payment, the executive director must notify
the commissioner of corrections that payment was made and of the amount owed under
subdivision 5.
new text end

new text begin Subd. 5. new text end

new text begin Payment by the Department of Corrections. new text end

new text begin If an eligible person makes the
payment under subdivision 4, the Department of Corrections, on behalf of the eligible
person, shall pay to the Minnesota State Retirement System the actuarial present value of
the additional benefit resulting from the transferred service credit less the payment made
under subdivision 4. This amount must be paid by the department in a lump sum within 30
days after the date on which the executive director notifies the commissioner of corrections
under subdivision 4.
new text end

new text begin Subd. 6. new text end

new text begin Transfer of assets and service credit. new text end

new text begin (a) If the payments under subdivisions
4 and 5 are made, the executive director must transfer assets from the general state employees
retirement fund to the correctional employees retirement fund in an amount equal to the
actuarial present value of the benefits earned by the eligible person under the general plan
during the transfer period. The transfer of assets must be made within 15 days after receipt
of the payments under subdivisions 4 and 5.
new text end

new text begin (b) Upon transfer of the assets under paragraph (a), the eligible person shall have service
credit in the correctional plan and no service credit in the general plan for the transfer period.
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. 9. new text beginPURCHASE OF SERVICE CREDIT AUTHORIZED FOR SURVIVOR OF
DECEASED EMPLOYEE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purpose of this section, the following terms have
the meanings given:
new text end

new text begin (1) "executive director" means the executive director of the Minnesota State Retirement
System;
new text end

new text begin (2) "general plan" means the general state employees retirement plan of the Minnesota
State Retirement System;
new text end

new text begin (3) "service credit" means time credited as allowable service in the general plan under
Minnesota Statutes, section 352.01, subdivision 11; and
new text end

new text begin (4) "surviving spouse" means the surviving spouse of an eligible person described in
subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Purchase of service credit authorized. new text end

new text begin Notwithstanding any state law to the
contrary, a surviving spouse may purchase service credit, as described under subdivision
4, on behalf of an eligible person. The surviving spouse may purchase only the amount of
service credit that is sufficient for the eligible person to be credited with a total of 60 months
of service credit.
new text end

new text begin Subd. 3. new text end

new text begin Eligible person. new text end

new text begin An eligible person is a person who:
new text end

new text begin (1) died in December 2020;
new text end

new text begin (2) was employed at or near the time of the person's death by the Minnesota Housing
Finance Agency; and
new text end

new text begin (3) is credited with no more than 59 months of service credit during the period from
February 1, 2016, to December 1, 2020.
new text end

new text begin Subd. 4. new text end

new text begin Calculation of payment; payment. new text end

new text begin (a) The executive director shall calculate
the amount of the purchase authorized under subdivision 2. The purchase amount is equal
to:
new text end

new text begin (1) 12.25 percent of the eligible person's final month of salary; and
new text end

new text begin (2) interest on the amount under clause (1) at the applicable annual rate or rates specified
in Minnesota Statutes, section 356.59, subdivision 2, compounded annually from January
1, 2021, to the date that payment is made.
new text end

new text begin (b) If the surviving spouse elects to pay the purchase amount under paragraph (a), the
purchase amount must be paid to the executive director in a lump sum within one year of
the effective date of this section.
new text end

new text begin Subd. 5. new text end

new text begin Entitlement to annuity. new text end

new text begin Upon payment under subdivision 4, the executive
director must credit the eligible person with the purchased service credit and the surviving
spouse is entitled to elect an annuity under Minnesota Statutes, section 352.12, subdivision
2, paragraph (a), (c), or (d), as applicable. If the surviving spouse elects to receive an annuity
under Minnesota Statutes, section 352.12, subdivision 2, paragraph (a) or (c), the surviving
spouse may elect a start date that is as early as January 1, 2021.
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 2

PUBLIC EMPLOYEES RETIREMENT ASSOCIATION

Section 1.

Minnesota Statutes 2021 Supplement, section 353.01, subdivision 2b, is amended
to read:


Subd. 2b.

Excluded employees.

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

(1) persons whose annual salary from one governmental subdivision never exceeds an
amount, stipulated in writing in advance, of $5,100 if the person is not a school district
employee or $3,800 if the person is a school year employee. If annual compensation from
one governmental subdivision to an employee exceeds the stipulated amount in a calendar
year or a school year, whichever applies, after being stipulated in advance not to exceed the
applicable amount, the stipulation is no longer valid and contributions must be made on
behalf of the employee under section 353.27, subdivision 12, from the first month in which
the employee received salary exceeding $425 in a month;

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

(3) election judges and persons employed solely to administer elections;

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

(5) except as otherwise specified in subdivision 12a, employees who are employed solely
in a temporary position as defined under subdivision 12a, and employees who resign from
a nontemporary position and accept a temporary position within 30 days of that resignation
in the same governmental subdivision;

(6) employees who are employed by reason of work emergency caused by fire, flood,
storm, or similar disaster, but if the person becomes a probationary or provisional employee
within the same pay period, other than on a temporary basis, the person is a "public
employee" retroactively to the beginning of the pay period;

(7) 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, or the St.
Paul Teachers Retirement Fund Association, but this exclusion 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, and 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 plan 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;

(8) 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, if
no irrevocable election of coverage has been made under section 3121(r) of the Internal
Revenue Code of 1954, as amended;

(9) persons who are:

(i) employed by a governmental subdivision who have not reached the age of 23 and
who 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 at a public or charter high school;

(ii) employed as resident physicians, medical interns, pharmacist residents, or pharmacist
interns and are serving in a degree or residency program in a public hospital or in a public
clinic; or

(iii) students who are serving for a period not to exceed five years in an internship or a
residency program that is sponsored by a governmental subdivision, including an accredited
educational institution;

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

(11) for the first three years of employment, foreign citizens who are employed by a
governmental subdivision, except that the following foreign citizens must be considered
included employees under subdivision 2a:

(i) H-1B, H-1B1, and E-3 status holders;

(ii) employees of Hennepin County or Hennepin Healthcare System, Inc.;

(iii) employees legally authorized to work in the United States for three years or more;
and

(iv) employees otherwise required to participate under federal law;

(12) 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;

(13) 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 general employees retirement
plan or the public employees police and fire plan, whichever applies, on the basis of
compensation received from public employment service other than service as volunteer
ambulance service personnel;

(14) except as provided in section 353.87, volunteer firefighters, as defined in subdivision
36, engaging in activities undertaken as part of volunteer firefighter duties, but 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 general employees retirement plan or the public employees police and fire plan,
whichever applies, on the basis of compensation received from public employment activities
other than those as a volunteer firefighter;

(15) employees in the building and construction trades, as follows:

(i) 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;

(ii) electrical workers, plumbers, carpenters, and associated trades personnel employed
by Independent School District No. 625, St. Paul, or the city of St. Paul, with coverage
under a collective bargaining agreement by the electrical workers local 110 pension plan,
the plumbers local 34 pension plan, or the carpenters local 322 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;

(iii) 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 1324 pension plan, the painters and allied
trades local 61 pension plan, or the 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;

(iv) plumbers employed by the Metropolitan Airports Commission, with coverage under
a collective bargaining agreement by the plumbers local 34 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;

(v) electrical workers or pipefitters employed by the Minneapolis Park and Recreation
Board, with coverage under a collective bargaining agreement by the electrical workers
local 292 pension plan or the pipefitters local 539 pension plan, who were first employed
before May 2, 2015, and elected to be excluded under Laws 2015, chapter 68, article 11,
section 5;

(vi) laborers and associated trades personnel employed by the city of St. Paul or
Independent School District No. 625, St. Paul, who are designated as temporary employees
with coverage under a collective bargaining agreement by a multiemployer plan as defined
in section 356.27, subdivision 1, who were either first employed on or after June 1, 2018,
or if first employed before June 1, 2018, elected to be excluded under Laws 2018, chapter
211, article 16, section 13; and

(vii) employees who are trades employees as defined in section 356.27, subdivision 1,
first hired on or after July 1, 2020, by the city of St. Paul or Independent School District
No. 625, St. Paul, except for any trades employee for whom contributions are made under
section 356.24, subdivision 1, clause (8), (9), or (10), by either employer to a multiemployer
plan as defined in section 356.27, subdivision 1;

(16) employees who are hired after June 30, 2002, solely to fill seasonal positions under
subdivision 12b which are limited in duration by the employer to a period of six months or
less in each year of employment with the governmental subdivision;

(17) 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 up to five years, 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;

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

(19) reemployed annuitants of the association during the course of that reemployment;

(20) persons appointed to serve on a board or commission of a governmental subdivision
or an instrumentality thereof; deleted text beginand
deleted text end

(21) persons employed as full-time fixed-route bus drivers by the St. Cloud Metropolitan
Transit Commission who are members of the International Brotherhood of Teamsters Local
638 and who are, by virtue of that employment, members of the International Brotherhood
of Teamsters Central States pension plandeleted text begin.deleted text endnew text begin; and
new text end

new text begin (22) persons employed by the Duluth Transit Authority or any subdivision thereof who
are members of the Teamsters General Local Union 346 and who are, by virtue of that
employment, members of the Central States Southeast and Southwest Areas Pension Fund.
new text end

(b) Any person performing the duties of a public officer in a position defined in
subdivision 2a, paragraph (a), clause (3), is not an independent contractor and is not an
employee of an independent contractor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective on the date the persons employed by the
Duluth Transit Authority or any subdivision thereof become public employees as defined
in Minnesota Statutes, section 353.01, subdivision 2.
new text end

Sec. 2.

Minnesota Statutes 2020, section 353.34, is amended by adding a subdivision to
read:


new text begin Subd. 3c. new text end

new text begin Segmented annuities. new text end

new text begin (a) If a person who is entitled to an annuity has more
than one period of uninterrupted service, the person is entitled to augmentation under
subdivision 3, applied to each period of uninterrupted service. The average salary used to
calculate the annuity for each period of uninterrupted service must be applied as if the person
was a new employee at the beginning of each period of uninterrupted service. The actuarial
assumptions used to calculate the annuity must be those in effect on the effective date of
retirement.
new text end

new text begin (b) For the purpose of this subdivision, "uninterrupted service" means periods of covered
employment during which the person has not been separated from public service for more
than two years.
new text end

new text begin (c) If a person repays a refund, the restored service must be considered as continuous
with the next period of service for which the person has credit with the association.
new text end

new text begin (d) This subdivision applies to persons who become deferred annuitants on or after July
1, 1971. For a person who became a deferred annuitant before July 1, 1971, the paragraph
applies from July 1, 1971, if the former active member applies for an annuity after July 1,
1973.
new text end

new text begin (e) This subdivision must not reduce the annuity otherwise payable under this chapter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 3. new text beginRETROACTIVE IMPLEMENTATION.
new text end

new text begin (a) For the purpose of this section, "eligible retiree" means a person:
new text end

new text begin (1) who began to receive a retirement annuity under Minnesota Statutes, chapter 353 or
353E, after June 30, 2018, and before the effective date;
new text end

new text begin (2) who at the time of the person's annuity start date would have been entitled to
augmentation for more than one period of uninterrupted service had section 2 been in effect
at the annuity start date; and
new text end

new text begin (3) for whom a retirement annuity calculated under section 2 is greater than the retirement
annuity to which the person was entitled on the annuity start date.
new text end

new text begin (b) Within 90 days following the effective date, the executive director of the Public
Employees Retirement Association must notify each eligible retiree of the monthly amount
of the annuity to which the eligible retiree would have been entitled had section 2 been in
effect at the eligible retiree's annuity start date. The notice must include the corresponding
monthly amounts payable under any optional forms of annuity to which the eligible retiree
was entitled at the annuity start date and is entitled on the date of the notice.
new text end

new text begin (c) For each eligible retiree, the executive director must adjust the ongoing annuity
amount so that it is the amount calculated under section 2, taking into account any election
of any optional annuity forms of payment and any postretirement increases.
new text end

new text begin (d) The executive director must offer a lump-sum distribution to the eligible retiree of
the difference between the monthly amount determined under section 2 and the monthly
amount being paid to the eligible retiree, multiplied by the number of monthly payments
made to the eligible retiree before the annuity calculated under section 2 begins. The lump
sum must be adjusted to take into account any election of any optional annuity forms of
payment and any postretirement increases. The eligible retiree may elect a distribution of
the lump sum or a direct rollover under Minnesota Statutes, section 356.635, subdivisions
3 to 7, if the lump sum is an eligible rollover distribution as defined in Minnesota Statutes,
section 356.635, subdivisions 4 and 5.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 4. new text beginVESTING CREDIT FOR PAST SERVICE FOR CERTAIN EMPLOYEES
OF THE DULUTH TRANSIT AUTHORITY.
new text end

new text begin Notwithstanding any state law to the contrary, an employee of the Duluth Transit
Authority or any subdivision thereof, who is not a member of the Teamsters General Local
Union 346, on the effective date must receive credit for all full and partial years of service
as an employee of ATE Management of Duluth, Inc. for the purpose of determining whether
the employee has satisfied the vesting requirement under Minnesota Statutes, section 353.01,
subdivision 47. All service as an employee of ATE Management of Duluth, Inc., must be
considered as allowable service in the general employees retirement plan for vesting purposes.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective on the date the persons employed by the
Duluth Transit Authority or any subdivision thereof become public employees as defined
in Minnesota Statutes, section 353.01, subdivision 2.
new text end

ARTICLE 3

RETIRED TEACHER EARNINGS LIMITATIONS

Section 1. new text beginSUSPENSION OF EARNINGS LIMITATIONS FOR RETIRED
TEACHERS WHO RETURN TO WORK.
new text end

new text begin Subdivision 1. new text end

new text begin Reemployed teacher defined. new text end

new text begin For the purposes of this section,
"reemployed teacher" means a person who retires under the provisions of Minnesota Statutes,
chapter 354 or 354A, and who subsequently resumes teaching for a public school of the
state, a charter school, or the Perpich Center for Arts Education. Reemployed teacher does
not include a person who resumes teaching for a postsecondary institution, including a state
college or university.
new text end

new text begin Subd. 2. new text end

new text begin Three-year suspension of earnings limitation for teachers covered by TRA
and SPTRFA.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 354.44, subdivision 5, no
portion of a reemployed teacher's annuity paid under Minnesota Statutes, chapter 354, shall
be deferred regardless of the amount of the salary earned from the teaching service during
the preceding fiscal year. This paragraph applies only to salary earned during fiscal years
2022, 2023, and 2024 and annuity payments made during calendar years 2023, 2024, and
2025.
new text end

new text begin (b) Notwithstanding Minnesota Statutes, section 354A.31, subdivision 3, no portion of
a reemployed teacher's annuity paid under Minnesota Statutes, chapter 354A, shall be
deferred or forfeited regardless of the amount of the salary earned from the teaching service
during the preceding calendar year. This subdivision applies only to salary earned during
calendar years 2022, 2023, and 2024 and annuity payments made during calendar years
2023, 2024, and 2025.
new text end

new text begin Subd. 3. new text end

new text begin Expiration date. new text end

new text begin This section expires effective January 1, 2026.
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 4

VOLUNTEER FIREFIGHTER RETIREMENT

Section 1.

Minnesota Statutes 2020, section 353G.01, subdivision 7, is amended to read:


Subd. 7.

deleted text beginGood timedeleted text end Service credit.

"deleted text beginGood timedeleted text end Service credit" means the length of
service credit for an active firefighter that is reported by the applicable fire chief based on
the minimum firefighter activity standards of the fire department. The credit may be reported
on an annual or monthly basis.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 2.

Minnesota Statutes 2020, section 353G.01, subdivision 9a, is amended to read:


Subd. 9a.

Relief association.

"Relief association" means a volunteer firefighter relief
association established under chapter 424Anew text begin, including a volunteer firefighter relief associationnew text end
to which records, assets, and liabilities related to lump-sum or monthly benefits for active
and former firefighters will be transferred from the retirement fund upon satisfaction of the
requirements of section 353G.17.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 3.

Minnesota Statutes 2020, section 353G.05, subdivision 1, is amended to read:


Subdivision 1.

new text beginEntities eligible to request new text endcoverage.

(a) A relief association or a
municipality or independent nonprofit firefighting corporation affiliated with a relief
association may elect to have its volunteer firefighters covered by the lump-sum retirement
divisionnew text begin, if the volunteer firefighters for whom coverage is being requested are covered by
a relief association that is a lump-sum defined benefit relief association or a defined
contribution relief association governed by chapter 424A.
new text end

new text begin (b) A relief association or a municipality or independent nonprofit firefighting corporation
affiliated with a relief association may elect to have its volunteer firefighters covered by
the lump-sum retirement division
new text end or the monthly benefit retirement division of the retirement
plannew text begin, if the volunteer firefighters for whom coverage is being requested are covered by a
relief association that is a monthly benefit defined benefit relief association governed by
chapter 424A
new text end.

deleted text begin (b)deleted text end new text begin(c) new text endA municipality or independent nonprofit firefighting corporation that is not
affiliated with a relief association may elect to have its volunteer firefighters covered by
the lump-sum retirement division of the retirement plan.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 4.

Minnesota Statutes 2020, section 353G.05, is amended by adding a subdivision to
read:


new text begin Subd. 1a. new text end

new text begin Requesting coverage. new text end

new text begin (a) An entity that is eligible under subdivision 1 to
make a request for coverage may initiate the process of obtaining coverage by filing a request
with the executive director, as described in this subdivision.
new text end

new text begin (b) The request for coverage must be in writing and on a form prescribed by the executive
director.
new text end

new text begin (c) In the request for coverage, the entity must identify the desired service pension
amount and select a vesting schedule from the following options:
new text end

new text begin (1) incremental vesting beginning with 40 percent vested after completing five years of
active service and increasing by four percent upon completion of each additional year of
active service, until 100 percent vested upon completion of 20 years of active service;
new text end

new text begin (2) incremental vesting beginning with 40 percent vested after completing five years of
active service and increasing by 12 percent upon completion of each additional year of
active service, until 100 percent vested upon completion of 10 years of active service; or
new text end

new text begin (3) incremental vesting beginning with 40 percent vested after completing ten years of
active service and increasing by six percent upon completion of each additional year of
active service, until 100 percent vested upon completion of 20 years of active service.
new text end

new text begin The entity must not select a vesting schedule that requires more years of service to
become partially or fully vested than the vesting schedule in effect under the former affiliated
relief association, if any.
new text end

new text begin (d) If the request for coverage is for volunteer firefighters covered by a monthly benefit
defined benefit relief association, the entity making the request must elect coverage either
by the monthly benefit retirement division or by the lump-sum retirement division.
new text end

new text begin (e) If the request for coverage is for volunteer firefighters covered by a relief association
that provides both a monthly benefit and a lump-sum benefit, the entity making the request
must elect coverage by the monthly benefit retirement division, the lump-sum retirement
division, or by both divisions.
new text end

new text begin (f) If the request for coverage is for volunteer firefighters covered by a relief association
with a retirement plan governed by chapter 424A, the secretary of the relief association,
following approval of the request by the board of the relief association, and the chief
administrative officer of the entity affiliated with the relief association, following approval
of the request by the governing body of the entity, must jointly make the request. If the
relief association is affiliated with more than one entity, the chief administrative officer of
each affiliated entity must execute the request.
new text end

new text begin (g) If the request for coverage is for volunteer firefighters who are not covered by a
relief association, the chief administrative officer of the entity operating the fire department
must make the request.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 5.

Minnesota Statutes 2020, section 353G.05, subdivision 2, is amended to read:


Subd. 2.

deleted text beginElection of coverage;deleted text end new text beginCost analysis for coverage by the new text endlump sumnew text begin
division
new text end.

(a) deleted text beginThe process for electing coverage of volunteer firefighters by the lump-sum
retirement division is initiated by a request to the executive director for a cost analysis of
the prospective retirement coverage under the lump-sum retirement division.
deleted text endnew text begin Upon receipt
of a request for coverage by the lump-sum division, the executive director must prepare a
cost analysis as described in this subdivision.
new text end

deleted text begin (b) If the volunteer firefighters are currently covered by a lump-sum volunteer firefighter
relief association or a defined contribution volunteer firefighter relief association governed
by chapter 424A, the cost analysis of the prospective retirement coverage must be requested
jointly by the secretary of the volunteer firefighter relief association, following approval of
the request by the board of the volunteer firefighter relief association, and the chief
administrative officer of the entity associated with the relief association, following approval
of the request by the governing body of the entity associated with the relief association. If
the relief association is associated with more than one entity, the chief administrative officer
of each associated entity must execute the request. If the volunteer firefighters are not
currently covered by a volunteer firefighter relief association, the cost analysis of the
prospective retirement coverage must be requested by the chief administrative officer of
the entity operating the fire department. The request must be made in writing and must be
made on a form prescribed by the executive director.
deleted text end

deleted text begin (c)deleted text end new text begin(b) new text endThe cost analysis deleted text beginof the prospective retirement coverage by the lump-sum
retirement division of the statewide retirement plan
deleted text end new text beginunder this subdivision new text endmust be based
onnew text begin:
new text end

new text begin (1)new text end the service pension amount under section 353G.11 closest to the service pension
amount provided by the deleted text beginvolunteer firefighterdeleted text end relief association if the relief association is a
lump-sum defined benefit plan, deleted text beginor thedeleted text end new text beginan new text endamount new text beginthat is new text endequal to 95 percent of the most
current average account balance per relief association member if the relief association is a
defined contribution plan, or deleted text begintodeleted text end the lowest service pension amount under section 353G.11
if there is no deleted text beginvolunteer firefighterdeleted text end relief association, rounded updeleted text begin,deleted text endnew text begin;new text end and deleted text beginany other
deleted text end

new text begin (2) if different than the amount under clause (1), thenew text end service pension amount deleted text begindesignated
by the requester or requesters
deleted text endnew text begin identified in the request under subdivision 1anew text end.

new text begin (c) The cost analysis must take into account the vesting option selected in the request
under subdivision 1a.
new text end

new text begin (d) new text endThe cost analysis must be prepared using a mathematical procedure certified as
accurate by an approved actuary retained by the Public Employees Retirement Association.

deleted text begin (d)deleted text end new text begin(e) new text endIf new text beginthe request for coverage was made by new text enda deleted text begincost analysis is requested and a volunteer
firefighters
deleted text end relief association deleted text beginexistsdeleted text end that has filed the information required under section
424A.014 in a timely fashion, upon request by the executive director, the state auditor shall
provide the most recent data available on the financial condition of the deleted text beginvolunteer firefighterdeleted text end
relief association, the most recent firefighter demographic data available, and a copy of the
current relief association bylaws. If a cost analysis is requested, but no deleted text beginvolunteer firefighterdeleted text end
relief association exists, the chief administrative officer of the entity operating the fire
department shall provide the demographic information on the volunteer firefighters serving
as members of the fire department requested by the executive director.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 6.

Minnesota Statutes 2020, section 353G.05, subdivision 3, is amended to read:


Subd. 3.

deleted text beginElection of coverage;deleted text end new text beginCost analysis for coverage by the new text endmonthly benefitnew text begin
retirement division
new text end.

deleted text begin (a) The process for electing coverage of volunteer firefighters by the
monthly retirement division is initiated by a request to the executive director for an actuarial
cost analysis of the prospective retirement coverage under the monthly benefit retirement
division. This request must be made by the secretary of the volunteer firefighter relief
association and the chief administrative officer of the entity associated with the relief
association, both of which must first obtain approval of the request from their respective
municipal governing body or independent nonprofit firefighting corporation. The request
must be made in writing and must be made on a form prescribed by the executive director.
deleted text end

deleted text begin (b) Coverage by the monthly benefit retirement division may only be elected if the
volunteer firefighters are covered by a monthly benefit volunteer firefighter relief association
governed by chapter 424A.
deleted text end

deleted text begin (c)deleted text end new text begin(a) Upon receipt of a request for coverage by the monthly benefit retirement division,
the executive director must prepare a cost analysis as described in this subdivision.
new text end

new text begin (b) new text endThe cost analysis under deleted text beginparagraph (a)deleted text end new text beginthis subdivision new text endmust be prepared by the
approved actuary retained by the Public Employees Retirement Association. The cost
analysis must be based on:

(1) the new text beginmonthly new text endservice pension new text beginamount new text endand other retirement benefit types and amounts
in effect for the deleted text beginvolunteer firefighterdeleted text end relief association as of the date of the request deleted text beginand any
other
deleted text endnew text begin;
new text end

new text begin (2) if different than thenew text end amount deleted text beginor amounts designated by the requesters, as discloseddeleted text end
new text begin under clause (1), the monthly pension amount identified in the request under subdivision
1a and evaluated
new text endin a special actuarial valuation prepared under sections 356.215 and
356.216; and

deleted text begin (2)deleted text endnew text begin (3)new text end the standards for actuarial workdeleted text begin,deleted text end and the actuarial assumptions utilized in the
most recent deleted text beginpriordeleted text end actuarial valuation, except that the applicable investment return actuarial
assumption is six percent.

new text begin (c) The cost analysis must take into account the vesting option selected in the request
under subdivision 1a.
new text end

(d) The secretary of the deleted text beginvolunteer firefighterdeleted text end relief association making the request must
supply the demographic and financial data necessary for the cost analysis to be prepared.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 7.

Minnesota Statutes 2020, section 353G.09, subdivision 1, is amended to read:


Subdivision 1.

Entitlement.

deleted text beginExcept as provided in subdivision 3, An activedeleted text end new text begin(a) A new text endmember
of the retirement plan is entitled to a service pension from the retirement plan if the deleted text beginpersondeleted text endnew text begin
member
new text end:

(1) has separated from active service with the fire department for at least 30 days;

(2) has attained the age of at least 50 years;

(3) has deleted text begincompleted at least five years of good time service credit as a member of the
retirement plan if the person is a member of the lump-sum retirement division or has
completed at least the minimum number of years of good time service credit as a member
of the retirement plan specified in the retirement benefit plan document attributable to the
applicable fire department if the person is a member of the monthly benefit retirement
division
deleted text endnew text begin satisfied the minimum service requirement in paragraph (b)new text end; and

(4) applies in a manner prescribed by the executive director for the service pension.

new text begin (b) A member satisfies the minimum service requirement if the member meets at least
one of the following requirements:
new text end

new text begin (1) the member is at least 40 percent vested based on years of service as a member of
the retirement plan;
new text end

new text begin (2) the member is at least 40 percent vested based on years of service with the fire
department and the total number of years of service as a member of the former affiliated
relief association plus years of service as a member of the retirement plan is at least five;
or
new text end

new text begin (3) the member has completed at least the minimum number of years of service as a
member of the retirement plan specified in the retirement benefit plan document attributable
to the applicable fire department if the person is a member of the monthly benefit retirement
division.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 8.

Minnesota Statutes 2020, section 353G.09, subdivision 2, is amended to read:


Subd. 2.

Vesting schedule; nonforfeitable portion of service pension.

(a) deleted text beginIfdeleted text end new text beginExcept
as provided in paragraphs (c) and (d),
new text endan active member of the lump-sum retirement division
deleted text begin has completed less than 20 years of good time service credit as a member of the lump-sum
retirement division of the plan, the person's entitlement
deleted text end new text beginis entitled new text endto a service pension deleted text beginisdeleted text end
equal to the nonforfeitable percentage of the applicable service pension amount, new text begintaking into
account years of service as a member of the retirement plan plus years of service as a member
of the former affiliated relief association, if any,
new text endas follows:

Completed years of deleted text begingood timedeleted text end service
credit
Nonforfeitable percentage of the service
pension
new text begin less than 5
new text end
new text begin 0 percent
new text end
5
40 percent
6
44 percent
7
48 percent
8
52 percent
9
56 percent
10
60 percent
11
64 percent
12
68 percent
13
72 percent
14
76 percent
15
80 percent
16
84 percent
17
88 percent
18
92 percent
19
96 percent

(b) If an active member of the monthly benefit retirement division has completed less
than 20 years of deleted text begingood timedeleted text end service credit as a member of the monthly benefit retirement
division of the plan, the person's entitlement to a service pension must be governed by the
retirement benefit plan document attributable to the applicable fire department.

new text begin (c) A person described in paragraph (d) is entitled to the vested portion of the service
pension as determined by applying the vesting schedule selected in the request for coverage
under section 353G.05, subdivision 1a, taking into account years of service as a member
of the retirement plan plus years of service as a member of the former affiliated relief
association, if any.
new text end

new text begin (d) A person is described in this paragraph if the person becomes a member of the
lump-sum retirement division in connection with the transfer of coverage from a relief
association to the retirement plan on or after January 1, 2023, or in connection with a
municipality or independent nonprofit firefighting corporation joining the retirement plan
on or after January 1, 2023.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 9.

Minnesota Statutes 2021 Supplement, section 353G.11, subdivision 1, is amended
to read:


Subdivision 1.

Service pension levels; lump-sum retirement division.

Except as
provided in subdivision 1a, the lump-sum retirement division of the retirement plan provides
the following levels of service pension amounts per full year of good time service credit to
be selected at the election of coverage:

(1) a minimum service pension level of $500 per year;

(2) a maximum service pension level equal to the deleted text beginlargestdeleted text endnew text begin maximum lump-sum service
pension
new text end amount permitted under section 424A.02, deleted text beginsubdivision 2cdeleted text endnew text begin subdivision 3new text end, deleted text beginas a
maximum lump-sum service pension amount
deleted text end payable for each year of service; and

(3) service pension levels between the minimum level and the maximum level in $100
increments.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 10.

Minnesota Statutes 2020, section 424A.003, is amended to read:


424A.003 CERTIFICATION OF SERVICE CREDIT.

(a) When a municipal fire department, a joint powers fire department, or an independent
nonprofit firefighting corporation is directly associated with the volunteer firefighters relief
association, the fire chief shall certify annually by March 31 the service credit for the
previous calendar year of each volunteer firefighter rendering active service with the fire
department.

(b) The certification shall be made to an officer of the relief association's board of trustees
and to the municipal clerk or clerk-treasurer of the largest municipality in population served
by the associated fire department.

(c) The fire chief shall notify each volunteer firefighter rendering active service with
the fire department of the amount of service credit rendered by the firefighter for the previous
calendar year. new text beginUpon request, the fire chief shall provide the firefighter with a written
explanation and documentation to support the determination of service credit.
new text endThe service
credit notification and a description of the process and deadlines for the firefighter to
challenge the fire chief's determination of service credit must be provided to the firefighter
at least 21 days prior to its certification to the relief association and municipality. If the
service credit amount is challenged, the fire chief shall accept and consider any additional
pertinent information and shall make a final determination of service credit.

(d) The service credit certification must be expressed as the number of completed months
of the previous year during which an active volunteer firefighter rendered at least the
minimum level of duties as specified and required by the fire department under the rules,
regulations, and policies applicable to the fire department. No more than one year of service
credit may be certified for a calendar year.

(e) If a volunteer firefighter who is a member of the relief association leaves active
firefighting service to render active military service that is required to be governed by the
federal Uniformed Services Employment and Reemployment Rights Act, as amended, the
firefighter must be certified as providing service credit for the period of the military service,
up to the applicable limit of the federal Uniformed Services Employment and Reemployment
Rights Act. If the volunteer firefighter does not return from the military service in compliance
with the federal Uniformed Services Employment and Reemployment Rights Act, the service
credits applicable to that military service credit period are forfeited and canceled at the end
of the calendar year in which the time limit set by federal law occurs.

new text begin EFFECTIVE DATE. new text end

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

Sec. 11.

Minnesota Statutes 2020, section 424A.015, subdivision 2, is amended to read:


Subd. 2.

No assignment or garnishment.

new text begin Except as provided in sections 424A.05,
518.58, 518.581, and 518A.53:
new text end

new text begin (1) new text enda service pension or ancillary benefits paid or payable from the special fund of a
relief association to any person receiving or entitled to receive a service pension or ancillary
benefits is not subject to garnishment, judgment, execution, or other legal processdeleted text begin, except
as provided in section 518.58, 518.581, or 518A.53.
deleted text endnew text begin; and
new text end

new text begin (2)new text end no person entitled to a service pension or ancillary benefits from the special fund of
a relief association may assign any service pension or ancillary benefit payments, and the
association does not have the authority to recognize any assignment or pay over any sum
which has been assigned.

new text begin EFFECTIVE DATE. new text end

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

Sec. 12.

Minnesota Statutes 2021 Supplement, section 424A.02, subdivision 3, is amended
to read:


Subd. 3.

Determining maximum pension benefit.

(a) new text beginExcept as provided in paragraph
(b) and section 424B.22, subdivision 4, a defined benefit relief association may not set in
its bylaws a service pension amount above the following maximum amounts:
new text end

new text begin (1) new text endfor a defined benefit relief association in which the governing bylaws provide for a
monthly deleted text beginbenefitdeleted text end service pension deleted text beginas an alternative form of service pension payment to a
lump-sum service pension
deleted text end, the maximum new text beginmonthly new text endservice pension amount deleted text beginfor each pension
payment type must be determined using the applicable table contained in subdivision 2b or
2c.
deleted text endnew text begin per month for each year of service credited is the lesser of $100 or the maximum monthly
service pension amount that could be adopted by the relief association as a bylaws amendment
that satisfies section 424A.093, subdivision 6, paragraph (d); and
new text end

new text begin (2) for a defined benefit relief association in which the governing bylaws provide for a
lump-sum service pension, the maximum lump-sum service pension amount for each year
of service credited is the lesser of $15,000 or the maximum lump-sum service pension
amount that could be adopted by the relief association as a bylaws amendment that satisfies
section 424A.092, subdivision 6, paragraph (e).
new text end

deleted text begin (b) If a defined benefit relief association establishes a service pension in compliance
with the applicable maximum contained in subdivision 2b or 2c and the minimum average
amount of available financing per active covered firefighter is subsequently reduced because
of a reduction in fire state aid or because of an increase in the number of active firefighters,
the relief association may continue to provide the prior service pension amount specified
in its bylaws, but may not increase the service pension amount until the minimum average
amount of available financing per firefighter under the table in subdivision 2b or 2c,
whichever applies, permits.
deleted text end

deleted text begin (c) No defined benefit relief association is authorized to provide a service pension in an
amount greater than the largest applicable flexible service pension maximum amount even
if the amount of available financing per firefighter is greater than the financing amount
associated with the largest applicable flexible service pension maximum.
deleted text end

new text begin (b) A defined benefit relief association may set in its bylaws a service pension amount
that is not greater than the maximum amounts in clause (1) or (2), as applicable, but only
if the service pension amount has been ratified by the municipality.
new text end

new text begin (1) For a defined benefit relief association that pays a monthly service pension, the
maximum monthly service pension amount per month for each year of service credited is
$100.
new text end

new text begin (2) For a defined benefit relief association that pays a lump-sum service pension, the
maximum lump-sum service pension amount for each year of service credited is $15,000.
new text end

deleted text begin (d)deleted text end new text begin(c) new text endThe method of calculating service pensions must be applied uniformly for all
years of active service. Credit must be given for all years of active service, unless the bylaws
of the relief association provide that service credit is not given for:

(1) years of active service in excess of caps on service credit; or

(2) years of active service earned by a former member who:

(i) has ceased duties as a volunteer firefighter with the fire department before becoming
vested under subdivision 2; and

(ii) has not resumed active service with the fire department and active membership in
the relief association for a period as defined in the relief association's bylaws, of not less
than five years.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 13.

Minnesota Statutes 2021 Supplement, section 424A.02, subdivision 3a, is amended
to read:


Subd. 3a.

Penalty for paying pension greater than applicable maximum.

(a) If a
defined benefit relief association pays a service pension greater than the new text beginapplicable new text endmaximum
service pension deleted text beginassociated with the applicable averagedeleted text end amount deleted text beginof available financing per
active covered firefighter under the table in subdivision 2b or 2c, whichever applies, the
maximum service pension
deleted text end under subdivision 3, deleted text beginparagraph (b), or the applicable maximum
service pension amount specified in subdivision 3, paragraph (c), whichever is less,
deleted text end the state
auditor deleted text beginshalldeleted text end new text beginmust notify the relief association that the service pension paid is greater than
the applicable maximum service pension and that the penalty under this subdivision will
be imposed, unless the relief association reduces the service pension amount to an amount
that is not greater than the applicable maximum service pension amount and recovers the
overpaid service pension. If the service pension amount is not reduced and the overpayment
is not recovered, the state auditor must
new text end:

(1) disqualify the municipality or the independent nonprofit firefighting corporation
associated with the relief association from receiving fire state aid by making the appropriate
notification to the municipality and the commissioner of revenue, with the disqualification
applicable for the next apportionment and payment of fire state aid; and

(2) order the treasurer of the applicable relief association to recover the amount of the
overpaid service pension or pensions from any retired firefighter who received an
overpayment.

(b) Fire state aid amounts from disqualified municipalities for the period of
disqualifications under paragraph (a), clause (1), must be credited to the amount of fire
insurance premium tax proceeds available for the next subsequent fire state aid
apportionment.

(c) The amount of any overpaid service pension recovered under paragraph (a), clause
(2), must be credited to the amount of fire insurance premium tax proceeds available for
the next subsequent fire state aid apportionment.

(d) The determination of the state auditor that a relief association has paid a service
pension greater than the applicable maximum must be made on the basis of the information
filed by the relief association and the municipality with the state auditor under this chapter
and any other relevant information that comes to the attention of the state auditor. The
determination of the state auditor is final. An aggrieved municipality, relief association, or
person may appeal the determination under section 480A.06.

(e) The state auditor may certify, upon learning that a relief association overpaid a service
pension based on an error in the maximum service pension calculation, the municipality or
independent nonprofit firefighting corporation associated with the relief association for fire
state aid if (1) there is evidence that the error occurred in good faith, and (2) the relief
association has initiated recovery of any overpayment amount. Notwithstanding paragraph
(c), all overpayments recovered under this paragraph must be credited to the relief
association's special fund.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 14.

Minnesota Statutes 2020, section 424A.05, subdivision 3, is amended to read:


Subd. 3.

Authorized disbursements from special fund.

(a) Disbursements from the
special fund may not be made for any purpose other than one of the following:

(1) for the payment of service pensions to retired members of the relief association if
authorized and paid under law and the bylaws governing the relief association;

(2) for the purchase of an annuity for the applicable person under section 424A.015,
subdivision 3, for the transfer of service pension or benefit amounts to the applicable person's
individual retirement account under section 424A.015, subdivision 4, or to the applicable
person's account in the Minnesota deferred compensation plan under section 424A.015,
subdivision 5
;

(3) for the payment of temporary or permanent disability benefits to disabled members
of the relief association if authorized and paid under law and specified in amount in the
bylaws governing the relief association;

(4) for the payment of survivor benefits or for the payment of a death benefit to the estate
of the deceased active or deferred firefighter, if authorized and paid under law and specified
in amount in the bylaws governing the relief association;

(5) for the payment of the fees, dues and assessments to the Minnesota State Fire
Department Association and to the Minnesota State Fire Chiefs Association in order to
entitle relief association members to membership in and the benefits of these associations
or organizations;

(6) for the payment of insurance premiums to the state Volunteer Firefighters Benefit
Association, or an insurance company licensed by the state of Minnesota offering casualty
insurance, in order to entitle relief association members to membership in and the benefits
of the association or organization; deleted text beginand
deleted text end

(7) for the payment of administrative expenses of the relief association as authorized
under subdivision 3bdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (8) for the payment of a service pension to the former spouse of a member or former
member of a relief association, if the former spouse is an alternate payee designated in a
qualified domestic relations order under subdivision 5.
new text end

(b) Checks or authorizations for electronic fund transfers for disbursements authorized
by this section must be signed by the relief association treasurer and at least one other elected
trustee who has been designated by the board of trustees to sign the checks or authorizations.
A relief association may make disbursements authorized by this subdivision by electronic
fund transfers only if the specific method of payment and internal control policies and
procedures regarding the method are approved by the board of trustees.

new text begin EFFECTIVE DATE. new text end

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

Sec. 15.

Minnesota Statutes 2020, section 424A.05, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Qualified domestic relations orders. new text end

new text begin (a) A "qualified domestic relations order"
means a domestic relations order that creates or recognizes the existence of an alternate
payee's right to or assigns to an alternate payee the right to receive a service pension that is
all or any portion of the service pension payable with respect to a member or former member
of a relief association.
new text end

new text begin (b) An "alternate payee" means the former spouse of a member or former member of a
relief association, including a former spouse who is a distributee as defined in section
356.635, subdivision 7, clause (3).
new text end

new text begin (c) A relief association must comply with a qualified domestic relations order purporting
to assign all or a portion of a service pension accrued under the retirement plan of the relief
association, to the extent vested, if the payment or payments required by the order are within
the limits described in section 518.58, subdivision 4, paragraph (a), clauses (1) to (4). For
the purpose of applying section 518.58, subdivision 4, paragraph (a), "plan" or "pension
plan" as used in paragraph (a) means the articles or bylaws of the relief association and
chapter 424A, as applicable to the relief association.
new text end

new text begin (d) Notwithstanding any state law to the contrary, the bylaws of a relief association may
permit distribution to an alternate payee under a qualified domestic relations order:
new text end

new text begin (1) as early as administratively practicable after the order is received by the relief
association, even if the member whose service pension is being assigned to the alternate
payee under the order has not yet reached age 50 or separated from active service with the
fire department affiliated with the relief association; and
new text end

new text begin (2) in a lump sum, even if the relief association is a defined benefit relief association
that pays monthly service pensions under section 424A.093.
new text end

new text begin (e) If the service pension is an eligible rollover distribution as defined in section 356.635,
subdivisions 4 and 5, the relief association must permit the alternate payee to elect a direct
rollover, as provided under section 356.635, subdivisions 3 to 7.
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. 16.

Minnesota Statutes 2021 Supplement, section 424A.091, subdivision 3, is amended
to read:


Subd. 3.

Remedy for noncompliance; determination.

(a) A municipality in which
there exists a firefighters relief association as specified in subdivision 1 which does not
comply with the applicable provisions of sections 424A.091 to 424A.096 or the provisions
of any applicable special law relating to the funding or financing of the association does
not qualify initially to receive, and is not entitled subsequently to retain, fire state aid under
chapter 477B until the reason for the disqualification specified by the state auditor is
remedied, whereupon the municipality or relief association, if otherwise qualified, is entitled
to again receive fire state aid for the year occurring immediately subsequent to the year in
which the disqualification is remedied.

(b) The state auditor shall determine if a municipality to which a firefighters' relief
association is directly associated or a firefighters relief association fails to comply with the
provisions of sections 424A.091 to 424A.096 or the funding or financing provisions of any
applicable special law based upon the information contained in the annual financial report
of the firefighters relief association required under section 424A.014, the actuarial valuation
of the relief association, if applicable, the relief association officers' financial requirements
of the relief association and minimum municipal obligation determination documentation
under section 424A.092, subdivisions 3 and 4; 424A.093, subdivisions 4 and 5; or 424A.094,
subdivision 2
, if requested to be filed by the state auditor, the applicable municipal or
independent nonprofit firefighting corporation budget, if requested to be filed by the state
auditor, and any other relevant documents or reports obtained by the state auditor.

(c) The municipality or independent nonprofit firefighting corporation and the associated
relief association are not eligible to receive or to retain fire state aid if:

(1) the relief association fails to prepare or to file the financial report or financial
statement under section 424A.014;

(2) the relief association treasurer is not bonded in the manner and in the amount required
by section 424A.014, subdivision 4;

(3) the relief association officers fail to determine or improperly determine the accrued
liability and the annual accruing liability of the relief association under section 424A.092,
subdivisions 2, 2a, and 3, paragraph (c), clause (2), if applicable;

(4) if applicable, the relief association officers fail to obtain and file a required actuarial
valuation or the officers file an actuarial valuation that does not contain the special fund
actuarial liability calculated under the entry age normal actuarial cost method, the special
fund current assets, the special fund unfunded actuarial accrued liability, the special fund
normal cost under the entry age normal actuarial cost method, the amortization requirement
for the special fund unfunded actuarial accrued liability by the applicable target date, a
summary of the applicable benefit plan, a summary of the membership of the relief
association, a summary of the actuarial assumptions used in preparing the valuation, and a
signed statement by the actuary attesting to its results and certifying to the qualifications of
the actuary as an approved actuary under section 356.215, subdivision 1, paragraph (c);

(5) the municipality failed to provide a municipal contribution, or the independent
nonprofit firefighting corporation failed to provide a corporate contribution, in the amount
equal to the minimum municipal obligation if the relief association is governed under section
424A.092, or the amount necessary, when added to the fire state aid actually received in
the plan year in question, to at least equal in total the calculated annual financial requirements
of the special fund of the relief association if the relief association is governed under section
424A.093, and, if the municipal or corporate contribution is deficient, the municipality
failed to include the minimum municipal obligation certified under section 424A.092,
subdivision 3
, or 424A.093, subdivision 5, in its budget and tax levy or the independent
nonprofit firefighting corporation failed to include the minimum corporate obligation certified
under section 424A.094, subdivision 2, in the corporate budget;

(6) the defined benefit relief association did not receive municipal ratification for the
most recent plan amendment when municipal ratification was required under section 424A.02,
subdivision 10; 424A.092, subdivision 6
; or 424A.093, subdivision 6;

(7) the relief association invested special fund assets in an investment security that is
not authorized under section 424A.095;

(8) the relief association had an administrative expense that is not authorized under
section 424A.05, subdivision 3 or 3b, or the municipality had an expenditure that is not
authorized under section 424A.08;

(9) the relief association officers fail to provide a complete and accurate public pension
plan investment portfolio and performance disclosure under section 356.219;

(10) the relief association fails to obtain the acknowledgment from a broker of the
statement of investment restrictions under section 356A.06, subdivision 8b;

(11) the relief association officers permitted to occur a prohibited transaction under
section 356A.06, subdivision 9, or 424A.04, subdivision 2a, or failed to undertake correction
of a prohibited transaction that did occur; or

(12) the relief association pays a defined benefit service pension in an amount that is in
excess of the applicable new text beginmaximum new text endservice pension deleted text beginmaximumdeleted text endnew text begin amountnew text end under section 424A.02,
subdivision deleted text begin2b or 2cdeleted text endnew text begin 3new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 17.

Minnesota Statutes 2020, section 424A.092, subdivision 6, is amended to read:


Subd. 6.

Municipal ratification for deleted text beginplandeleted text end new text beginbylaws new text endamendments.

new text begin (a) The board of trustees
of a relief association may adopt an amendment to the articles of incorporation or bylaws
that increases the coverage, service pensions, or retirement benefits provided by the relief
association only after preparing an estimate of the expected increase in the financial
requirements and the accrued liability resulting from the amendment.
new text end

new text begin (b) For purposes of this subdivision, "financial requirements" means the amount calculated
under subdivision 3, paragraph (c). "Accrued liability" means the amount calculated under
subdivision 2 or 2a, as applicable. "Estimate" means the estimate required in paragraph (a).
new text end

new text begin (c) new text endIf the special fund of deleted text beginthedeleted text end new text begina new text endrelief association new text beginto which this section applies new text enddoes not
have a surplus over full funding under subdivision 3, paragraph (c), clause (5), and if the
municipality is required to provide financial support to the special fund deleted text beginof the relief
association
deleted text end under this section, the deleted text beginadoption of or anydeleted text end new text beginboard of trustees of the relief association
may adopt an
new text endamendment to the articles of incorporation or bylaws deleted text beginof a relief association
which
deleted text end new text beginthat new text endincreases deleted text beginor otherwise affectsdeleted text end the deleted text beginretirementdeleted text end coverage deleted text beginprovided by or thedeleted text endnew text begin,new text end service
pensionsnew text begin,new text end or retirement benefits deleted text beginpayable from the special fund of anydeleted text end new text beginprovided by the new text endrelief
association deleted text beginto which this section appliesdeleted text endnew text begin. The amendmentnew text end is not effective until it is ratified
by the governing body of the new text beginaffiliated new text endmunicipality deleted text beginserved by the fire department to which
the relief association is directly associated
deleted text end or deleted text beginby thedeleted text end independent nonprofit firefighting
corporation, as applicabledeleted text begin, anddeleted text endnew text begin. The governing body may ratify such amendment only if new text end
the deleted text beginofficers of adeleted text end relief association deleted text beginshall not seek municipal ratification prior to preparing
and certifying an estimate of the expected increase in the accrued liability and annual
accruing liability of the relief association attributable to the amendment
deleted text endnew text begin has delivered to
the governing body the estimate described in paragraphs (a) and (b), certified by an officer
of the relief association
new text end.

new text begin (d)new text end If the special fund of deleted text beginthedeleted text end new text begina new text endrelief association new text beginto which this section applies new text endhas a surplus
over full funding under subdivision 3, paragraph (c), clause (5), and if the municipality is
not required to provide financial support to the special fund deleted text beginof the relief associationdeleted text end under
this section, the relief association may adopt deleted text beginor amend itsdeleted text end new text beginan amendment to the new text endarticles of
incorporation or bylaws deleted text beginwhich increase or otherwise affectdeleted text end new text beginthat increases new text endthe deleted text beginretirementdeleted text end
coverage deleted text beginprovided by or thedeleted text endnew text begin,new text end service pensionsnew text begin,new text end or retirement benefits deleted text beginpayable from the
special fund of
deleted text end new text beginprovided by new text endthe relief association deleted text beginwhich are deleted text endnew text begin.
new text end

new text begin (1) The amendment is effective if the municipality ratifies the amendment.
new text end

new text begin (2) The amendment is new text endeffective without municipal ratification deleted text beginso long as this doesdeleted text end new text beginif the
amendment satisfies paragraph (e).
new text end

new text begin (e) An amendment satisfies this paragraph if the estimate described in paragraphs (a)
and (b) demonstrates that the amendment will
new text endnot causenew text begin:
new text end

new text begin (1)new text end the amount of the resulting increase in the accrued liability of the special fund deleted text beginof the
relief association
deleted text end to exceed 90 percent of the amount of the surplus over full funding reported
in the prior yearnew text begin;new text end and deleted text beginthis does not result in
deleted text end

new text begin (2)new text end the financial requirements of the special fund deleted text beginof the relief association exceedingdeleted text end new text beginto
exceed
new text endthe expected amount of the future fire state aid and police and firefighter retirement
supplemental state aid to be received by the relief association deleted text beginas determined by the board
of trustees following the preparation of an estimate of the expected increase in the accrued
liability and annual accruing liability of the relief association attributable to the change
deleted text end.

new text begin (f)new text end If a relief association deleted text beginadopts ordeleted text end amends deleted text beginitsdeleted text end new text beginthe new text endarticles of incorporation or bylaws
without municipal ratification under this subdivision, and, subsequent to the amendment deleted text beginor
adoption
deleted text end, the financial requirements of the special fund of the relief association under this
section are such so as to require financial support from the municipality, the provision which
was implemented without municipal ratification is no longer effective deleted text beginwithout municipal
ratification
deleted text end and any service pensions or retirement benefits payable after that date may be
paid only in accordance with the articles of incorporation or bylaws as amended deleted text beginor adopteddeleted text end
with municipal ratification.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 18.

Minnesota Statutes 2021 Supplement, section 424A.093, subdivision 1, is amended
to read:


Subdivision 1.

Application.

(a) This section applies to any firefighters relief association
specified in section 424A.091, subdivision 1, which pays or allows for an option of a monthly
service pension to a retiring firefighter when at least the minimum requirements for
entitlement to a service pension specified in section 424A.02, any applicable special
legislationnew text begin,new text end and the articles of incorporation or bylaws of the relief association have been
met. Each firefighters relief association to which this section applies shall determine the
actuarial condition and funding costs of the special fund of the relief association in accordance
with subdivisions 2 and 3, the financial requirements of the special fund of the relief
association in accordance with subdivision 4new text begin,new text end and the minimum obligation of the municipality
with respect to the special fund of the relief association in accordance with subdivision 5.

(b) If a firefighters relief association that previously provided a monthly benefit service
pension discontinues that practice and either replaces the monthly benefit amount with a
deleted text begin lump sumdeleted text endnew text begin lump-sumnew text end benefit amount consistent with section 424A.02, subdivisiondeleted text begin 2cdeleted text endnew text begin 3,
paragraph (a), clause (2)
new text end, or purchases an annuity in the same amount as the monthly benefit
from an insurance company licensed to do business in this state, the actuarial condition and
funding costs, financial, and minimum municipal obligation requirements of section
424A.092 apply rather than this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 19.

Minnesota Statutes 2020, section 424A.093, subdivision 6, is amended to read:


Subd. 6.

Municipal ratification for deleted text beginplandeleted text end new text beginbylaws new text endamendments.

new text begin (a) The board of trustees
of a relief association may adopt an amendment to the articles of incorporation or bylaws
that increases the coverage, service pensions, or retirement benefits provided by the relief
association only after the board of trustees has had an updated actuarial valuation including
the proposed change or an estimate of the expected actuarial impact of the proposed change
prepared by the actuary of the relief association.
new text end

new text begin (b) new text endIf the special fund of deleted text beginthedeleted text end new text begina new text endrelief association new text beginto which this section applies new text enddoes not
have a surplus over full funding under subdivision 4, and if the municipality is required to
provide financial support to the special fund deleted text beginof the relief associationdeleted text end under this section, the
deleted text begin adoption of or anydeleted text end new text beginboard of trustees of the relief association may adopt an new text endamendment to
the articles of incorporation or bylaws deleted text beginof a relief association whichdeleted text end new text beginthat new text endincreases deleted text beginor otherwise
affects
deleted text end the deleted text beginretirementdeleted text end coverage deleted text beginprovided by or thedeleted text endnew text begin,new text end service pensionsnew text begin,new text end or retirement benefits
deleted text begin payable from the special fund of anydeleted text end new text beginprovided by the new text endrelief association deleted text beginto which this section
applies
deleted text endnew text begin. The amendmentnew text end is not effective until it is ratified by the governing body of the
new text begin affiliated new text endmunicipality deleted text beginserved by the fire department to which the relief association is directly
associated
deleted text end or deleted text beginby thedeleted text end independent nonprofit firefighting corporation, as applicable.new text begin The
governing body may ratify such amendment only if the relief association has delivered to
the governing body the actuarial valuation or estimate described in paragraph (a), certified
by an officer of the relief association.
new text end

new text begin (c)new text end If the special fund of deleted text beginthedeleted text end new text begina new text endrelief association new text beginto which this section applies new text endhas a surplus
over full funding under subdivision 4, and if the municipality is not required to provide
financial support to the special fund deleted text beginof the relief associationdeleted text end under this section, the relief
association may adopt deleted text beginor amend itsdeleted text end new text beginan amendment to the new text endarticles of incorporation or bylaws
deleted text begin which increase or otherwise affectdeleted text end new text beginthat increases new text endthe deleted text beginretirementdeleted text end coverage deleted text beginprovided by or
the
deleted text endnew text begin,new text end service pensionsnew text begin,new text end or retirement benefits deleted text beginpayable from the special fund ofdeleted text end new text beginprovided by
new text end the relief association deleted text beginwhich aredeleted text endnew text begin. The amendment is effective:
new text end

new text begin (1) if the municipality ratifies the amendment; or
new text end

deleted text begin effectivedeleted text endnew text begin (2)new text end without municipal ratification deleted text beginso long as this doesdeleted text endnew text begin if the amendment satisfies
paragraph (d).
new text end

new text begin (d) An amendment satisfies this paragraph if the actuarial valuation or estimate described
in paragraph (a) demonstrates that the amendment will
new text end not causenew text begin:
new text end

new text begin (1)new text end the amount of the resulting increase in the accrued liability of the special fund deleted text beginof the
relief association
deleted text end to exceed 90 percent of the amount of the surplus over full funding reported
in the prior yearnew text begin;new text end and deleted text beginthis does not result in
deleted text end

new text begin (2)new text end the financial requirements of the special fund deleted text beginof the relief association exceedingdeleted text end new text beginto
exceed
new text endthe expected amount of the future fire state aid and police and firefighter retirement
supplemental state aid to be received by the relief association deleted text beginas determined by the board
of trustees following the preparation of an updated actuarial valuation including the proposed
change or an estimate of the expected actuarial impact of the proposed change prepared by
the actuary of the relief association
deleted text end.

new text begin (e)new text end If a relief association deleted text beginadopts ordeleted text end amends its articles of incorporation or bylaws without
municipal ratification pursuant to this subdivision, and, subsequent to the amendment deleted text beginor
adoption
deleted text end, the financial requirements of the special fund of the relief association under this
section are such so as to require financial support from the municipality, the provision which
was implemented without municipal ratification is no longer effective deleted text beginwithout municipal
ratification
deleted text end and any service pensions or retirement benefits payable after that date may be
paid only in accordance with the articles of incorporation or bylaws as amended deleted text beginor adopteddeleted text end
with municipal ratification.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 20.

Minnesota Statutes 2020, section 424A.095, is amended to read:


424A.095 INVESTMENTS.

new text begin Subdivision 1. new text end

new text begin Authorized investments. new text end

(a) The special fund assets of a relief association
governed by sections 424A.091 to 424A.096 must be invested in securities that are authorized
investments under section 356A.06, subdivision 6 or 7, whichever applies.

(b) The governing board of the association may select and appoint a qualified private
firm to measure management performance and return on investment, and the firm must use
the formula or formulas developed by the state board under section 11A.04, clause (11).

new text begin Subd. 2. new text end

new text begin Investment report. new text end

new text begin (a) Annually, the state auditor must provide an investment
report to each relief association that has complied with the reporting requirements under
section 356.219, subdivisions 1 and 3. The investment report must contain the following
information:
new text end

new text begin (1) the relief association's average annual rates of return for at least the previous one-,
three-, five-, ten-, 15-, and 20-year periods for which the state auditor has investment
information;
new text end

new text begin (2) the relief association's asset allocation;
new text end

new text begin (3) the average annual 1-year and 10-year benchmark rates of return;
new text end

new text begin (4) the average annual 1-year and 10-year rates of return for the statewide volunteer
firefighter plan;
new text end

new text begin (5) the 1-year and 10-year average annual rates of return for the State Board of Investment
supplemental investment fund; and
new text end

new text begin (6) a graphical comparison between:
new text end

new text begin (i) the relief association's average annual rates of return for the previous year and for
the previous multiyear periods provided under clause (1); and
new text end

new text begin (ii) the average annual rates of return for the same periods for the supplemental investment
fund's balanced fund or any successor fund.
new text end

new text begin (b) The state auditor shall select the benchmark rates of return based on the best practice
in the industry.
new text end

new text begin (c) The relief association's board of trustees must certify to the state auditor that the
board reviewed the investment report. The certification must accompany the audited financial
statements or detailed financial statement under section 424A.014, subdivision 1 or 2,
whichever applies. A copy of the report must be kept on file by the relief association and
must be available for inspection by any member of the public.
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. 21.

Minnesota Statutes 2021 Supplement, section 424A.10, subdivision 2, is amended
to read:


Subd. 2.

Payment of supplemental benefit.

(a) Upon the payment by a volunteer
firefighters relief association or by the statewide lump-sum volunteer firefighter plan of a
lump-sum distribution to a qualified recipient, the association or retirement plan, as
applicable, must pay a supplemental benefit to the qualified recipient. Notwithstanding any
law to the contrary, the relief association must pay the supplemental benefit out of its special
fund and the statewide lump-sum volunteer firefighter plan must pay the supplemental
benefit out of the statewide lump-sum volunteer firefighter plan. This benefit is an amount
equal to ten percent of the regular lump-sum distribution that is paid on the basis of the
recipient's service as a volunteer firefighter. In no case may the amount of the supplemental
benefit exceed $1,000. A supplemental benefit under this paragraph may not be paid to a
survivor of a deceased active or deferred volunteer firefighter in that capacity.

(b) Upon the payment by a relief association or the retirement plan of a lump-sum
survivor benefit to a survivor of a deceased active volunteer firefighter or of a deceased
deferred volunteer firefighter, the association or retirement plan, as applicable, must pay a
supplemental survivor benefit to the survivor of the deceased active or deferred volunteer
firefighter from the special fund of the relief association and the retirement plan must pay
a supplemental survivor benefit to the survivor of the deceased active or deferred volunteer
firefighter from the retirement fund if chapter 353G so provides. The amount of the
supplemental survivor benefit is 20 percent of the survivor benefit, but not to exceed $2,000.

(c) For purposes of this section, the term "regular lump-sum distribution" means the
pretax lump-sum distribution excluding any interest that may have been credited during a
volunteer firefighter's period of deferral.

(d) An individual may receive a supplemental benefit under paragraph (a) or under
paragraph (b), but not under both paragraphs with respect to one lump-sum volunteer
firefighter benefit.

new text begin (e) If a qualified recipient receives more than one lump-sum distribution, the qualified
recipient is eligible to receive a supplemental benefit or supplemental survivor benefit,
whichever is applicable, with each lump-sum distribution. Each supplemental benefit shall
be calculated pursuant to paragraph (a) or (b), as applicable, and shall be subject to a separate
limit.
new text end

new text begin (f) Qualified recipients who elect to receive their lump-sum distribution in installments
under section 424A.016, subdivision 5, or 424A.02, subdivision 8, are eligible to receive
one supplemental benefit calculated on the total lump-sum distribution amount under
paragraph (a) or (b), as applicable.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively for supplemental benefits
paid in 2018 and thereafter.
new text end

Sec. 22.

Minnesota Statutes 2021 Supplement, section 424B.10, subdivision 1b, is amended
to read:


Subd. 1b.

Benefits.

(a) The successor relief association following the consolidation of
two or more defined benefit relief associations must be a defined benefit relief association.

(b) Notwithstanding any provision of section 424A.02, deleted text beginsubdivisions 2a todeleted text endnew text begin subdivisionnew text end
3, to the contrary, the initial service pension amount of the subsequent defined benefit relief
association as of the effective date of consolidation is either the service pension amount
specified in clause (1) or the service pension amounts specified in clause (2), as provided
for in the consolidated relief association's articles of incorporation or bylaws:

(1) the highest dollar amount service pension amount of any prior volunteer firefighters
relief association in effect immediately before the consolidation initiation if the pension
amount was implemented consistent with section 424A.02; or

(2) for service rendered by each individual volunteer firefighter before consolidation,
the service pension amount under the consolidating volunteer firefighters relief association
that the firefighter belonged to immediately before the consolidation if the pension amount
was implemented consistent with section 424A.02 and for service rendered after the effective
date of the consolidation, the highest dollar amount service pension of any of the
consolidating volunteer firefighters relief associations in effect immediately before the
consolidation if the pension amount was implemented consistent with section 424A.02.

(c) Any increase in the service pension amount beyond the amount implemented under
paragraph (a) must conform with the requirements and limitations of section 424A.02 and
sections 424A.091 to 424A.095.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 23.

Minnesota Statutes 2021 Supplement, section 424B.13, subdivision 4, is amended
to read:


Subd. 4.

Benefit increase.

(a) If the relief association has a surplus as of the end of the
relief association's most recent fiscal year before the conversion effective date, the board
of trustees may approve a resolution that increases the lump-sum benefit or monthly pension
amount or both the lump-sum and monthly pension amount, if the relief association offers
both, and amends the relief association bylaws without the consent of the affiliated
municipality or firefighting corporation, notwithstanding section 424A.02, subdivision 10.
The resulting lump-sum benefit or monthly pension amount is not limited to the maximum
lump-sum deleted text beginbenefitdeleted text endnew text begin service pension amountnew text end or new text beginmaximum new text endmonthly new text beginservice new text endpension deleted text beginamountsdeleted text endnew text begin
amount
new text end under section 424A.02, deleted text beginsubdivisions 2a todeleted text endnew text begin subdivisionnew text end 3.

(b) The benefit increase must not cause the liabilities of the retirement plan to exceed
the value of the assets, after taking into account full vesting as required under subdivision
2 and any administrative expenses arising from the conversion.

(c) The board of trustees shall specify whether the benefit increase will apply only to
participants who are members active as of the conversion effective date or whether the
benefit increase will apply to all participants, including members who are not active as of
the conversion effective date, notwithstanding section 424A.015, subdivision 6.

(d) The board of trustees' resolution approving an increase in the benefit level must be
considered conditional on there being sufficient assets to fund the increase and must state
that if, as of the date benefits are transferred to the defined contribution plan, there are not
sufficient assets to cover all benefit liabilities at the new higher benefit level, the benefit
level will be reduced until assets equal or are greater than liabilities. The resolution must
state that the new lower benefit level will be considered approved by the board of trustees
without further action by the board.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 24.

Minnesota Statutes 2021 Supplement, section 424B.22, subdivision 4, is amended
to read:


Subd. 4.

Benefit increase.

(a) Notwithstanding section 424A.02, subdivision 10, the
board of trustees of a relief association may increase the benefit amount under a defined
benefit relief association without the consent of the affiliated municipality or independent
nonprofit firefighting corporation, as provided in this subdivision.

(b) If the retirement plan being terminated is a defined benefit plan, the board of trustees
may approve an amendment to the bylaws of the relief association to increase the lump-sum
or monthly pension amount or both the deleted text beginlumpdeleted text endnew text begin lump-sumnew text end and monthly pension amount, if
the relief association offers both, up to 125 percent of the deleted text beginlargestdeleted text end maximum lump-sum
service pension amount new text beginunder section 424A.02, subdivision 3, paragraph (a), clause (2), new text endor
new text begin the maximum monthly new text endservice pension amount deleted text beginpayable per month in effectdeleted text end under section
424A.02, deleted text beginsubdivision 2b or 2cdeleted text enddeleted text begin, respectively, without regard to the relief association's
minimum average amount of available financing per firefighter
deleted text endnew text begin subdivision 3, paragraph
(a), clause (1)
new text end. The amount by which the lump-sum or monthly pension amount is increased
must not cause the liabilities of the retirement plan to exceed the value of the assets, after
taking into account full vesting as required under subdivision 3 and any administrative
expenses.

(c) The board of trustees shall specify whether the benefit increase will apply to only
participants who are members active as of the date of the termination of the retirement plan
or whether the benefit increase will apply to all participants, including members who are
not active as of the plan termination date.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 25. new text beginREVISOR INSTRUCTION.
new text end

new text begin In Minnesota Statutes, chapter 353G, the revisor of statutes shall change the term "good
time service" to the term "service."
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 26. new text beginREPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2021 Supplement, section 424A.02, subdivisions 2a, 2b, and 2c, new text end new text begin
are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2020, section 353G.09, subdivision 3, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

ARTICLE 5

DISABILITY ASSESSMENTS BY ADVANCED PRACTICE REGISTERED NURSES

Section 1.

Minnesota Statutes 2020, section 352.01, is amended by adding a subdivision
to read:


new text begin Subd. 27. new text end

new text begin APRN. new text end

new text begin "APRN" means an individual licensed as an advanced practice
registered nurse by the Board of Nursing as defined in section 148.171, subdivision 3, who
provides services to a member or applicant that are within the scope of the APRN's
professional licensure.
new text end

Sec. 2.

Minnesota Statutes 2020, section 352.113, subdivision 4, is amended to read:


Subd. 4.

Medical or psychological examinations; authorization for payment of
benefit.

(a) Any physician, psychologist, chiropractor, physician assistant, podiatrist, or
deleted text begin nurse practitionerdeleted text end new text beginAPRN new text endproviding any service specified in this section must be licensed.

(b) An applicant shall provide a detailed report signed by a physician, and at least one
additional report signed by a physician, psychologist, chiropractor, physician assistant,
podiatrist, or deleted text beginnurse practitionerdeleted text end new text beginAPRN new text endwith evidence to support an application for total and
permanent disability. The reports must include an expert opinion regarding whether the
employee is permanently and totally disabled within the meaning of section 352.01,
subdivision 17
, and that the disability arose before the employee was placed on any paid or
unpaid leave of absence or terminated public service.

(c) If there is medical evidence that supports the expectation that at some point the person
applying for the disability benefit will no longer be disabled, the decision granting the
disability benefit may provide for a termination date upon which the total and permanent
disability can be expected to no longer exist. When a termination date is part of the decision
granting benefits, prior to the benefit termination the executive director shall review any
evidence provided by the disabled employee to show that the disabling condition for which
benefits were initially granted continues. If the benefits cease, the disabled employee may
follow the appeal procedures described in section 356.96 or may reapply for disability
benefits using the process described in this subdivision.

(d) Any claim to disability must be supported by a report from the employer indicating
that there is no available work that the employee can perform with the disabling condition
and that all reasonable accommodations have been considered. Upon request of the executive
director, an employer shall provide evidence of the steps the employer has taken to attempt
to provide reasonable accommodations and continued employment to the claimant.

(e) The director shall also obtain written certification from the employer stating whether
the employment has ceased or whether the employee is on sick leave of absence because
of a disability that will prevent further service to the employer and that the employee is not
entitled to compensation from the employer.

(f) The medical adviser shall consider the reports of the physician, psychologist,
chiropractor, physician assistant, podiatrist, or deleted text beginnurse practitionerdeleted text end new text beginAPRN new text endand any other
evidence supplied by the employee or other interested parties. If the medical adviser finds
the employee totally and permanently disabled, the adviser shall make appropriate
recommendation to the director in writing together with the date from which the employee
has been totally disabled. The director shall then determine if the disability occurred while
still in the employment of the state and constitutes a total and permanent disability as defined
in section 352.01, subdivision 17.

(g) A terminated employee may apply for a disability benefit within 18 months of
termination as long as the disability occurred while in the employment of the state. The fact
that an employee is placed on leave of absence without compensation because of disability
does not bar that employee from receiving a disability benefit.

(h) Upon appeal, the board of directors may extend the disability benefit application
deadline in paragraph (g) by an additional 18 months if the terminated employee is
determined by the board of directors to have a cognitive impairment that made it unlikely
that the terminated employee understood that there was an application deadline or that the
terminated employee was able to meet the application deadline.

(i) Unless the payment of a disability benefit has terminated because the employee is
no longer totally disabled, or because the employee has reached normal retirement age as
provided in this section, the disability benefit must cease with the last payment received by
the disabled employee or which had accrued during the lifetime of the employee unless
there is a spouse surviving. In that event, the surviving spouse is entitled to the disability
benefit for the calendar month in which the disabled employee died.

Sec. 3.

Minnesota Statutes 2020, section 352.95, subdivision 4, is amended to read:


Subd. 4.

Medical or psychological evidence.

(a) An applicant shall provide medical,
chiropractic, or psychological evidence to support an application for disability benefits. The
director shall have the employee examined by at least one additional licensed physician,
new text begin APRN, new text endchiropractor, or psychologist who is designated by the medical adviser. The
physicians, new text beginAPRNs, new text endchiropractors, or psychologists with respect to a mental impairment,
shall make written reports to the director concerning the question of the employee's disability,
including their expert opinions as to whether the employee has an occupational disability
within the meaning of section 352.01, subdivision 17a, and whether the employee has a
duty disability, physical or psychological, under section 352.01, subdivision 17b, or has a
regular disability, physical or psychological, under section 352.01, subdivision 17c. The
director shall also obtain written certification from the employer stating whether or not the
employee is on sick leave of absence because of a disability that will prevent further service
to the employer performing normal duties as defined in section 352.01, subdivision 17d, or
performing less frequent duties as defined in section 352.01, subdivision 17e, and as a
consequence, the employee is not entitled to compensation from the employer.

(b) If, on considering the reports by the physicians, new text beginAPRNs, new text endchiropractors, or
psychologists and any other evidence supplied by the employee or others, the medical
adviser finds that the employee has an occupational disability within the meaning of section
352.01, subdivision 17a, the deleted text beginadvisordeleted text endnew text begin advisernew text end shall make the appropriate recommendation
to the director, in writing, together with the date from which the employee has been disabled.
The director shall then determine the propriety of authorizing payment of a duty disability
benefit or a regular disability benefit as provided in this section.

(c) Unless the payment of a disability benefit has terminated because the employee no
longer has an occupational disability, or because the employee has reached either age 55
or the five-year anniversary of the effective date of the disability benefit, whichever is later,
the disability benefit must cease with the last payment which was received by the disabled
employee or which had accrued during the employee's lifetime. While disability benefits
are paid, the director has the right, at reasonable times, to require the disabled employee to
submit proof of the continuance of an occupational disability. If any examination indicates
to the medical adviser that the employee no longer has an occupational disability, the
disability payment must be discontinued upon the person's reinstatement to state service or
within 60 days of the finding, whichever is sooner.

Sec. 4.

Minnesota Statutes 2020, section 352B.011, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin APRN. new text end

new text begin "APRN" means an individual licensed as an advanced practice
registered nurse by the Board of Nursing as defined in section 148.171, subdivision 3, who
provides services to a member or applicant that are within the scope of the APRN's
professional licensure.
new text end

Sec. 5.

Minnesota Statutes 2020, section 352B.10, subdivision 4, is amended to read:


Subd. 4.

Proof of disability.

(a) No disability benefits may be paid unless new text beginthe member
provides
new text endadequate proof deleted text beginis furnisheddeleted text end to the executive director of the existence of the
disability.

(b) Adequate proof of a disability must include a written expert report by a licensed
physician, deleted text beginby adeleted text endnew text begin APRN, ornew text end licensed chiropractor, or with respect to a mental impairment, by
a licensed psychologist.

(c) Following the commencement of benefit payments, the executive director has the
right, at reasonable times, to require the deleted text begindisabilitantdeleted text end new text begindisability benefit recipient new text endto submit
proof of the continuance of the disability claimed.

Sec. 6.

Minnesota Statutes 2020, section 353.01, is amended by adding a subdivision to
read:


new text begin Subd. 50. new text end

new text begin APRN. new text end

new text begin "APRN" means an individual licensed as an advanced practice
registered nurse by the Board of Nursing as defined in section 148.171, subdivision 3, who
provides services to a member or applicant that are within the scope of the APRN's
professional licensure.
new text end

Sec. 7.

Minnesota Statutes 2020, section 353.031, subdivision 3, is amended to read:


Subd. 3.

Procedure to determine eligibility; generally.

(a) Every claim for a disability
benefit must be initiated in writing on an application form and in the manner prescribed by
the executive director and filed with the executive director. An application for disability
benefits must be made within 18 months following termination of public service as defined
under section 353.01, subdivision 11a.

(b) All medical reports must support a finding that the disability arose before the employee
was placed on any paid or unpaid leave of absence or terminated public service, as defined
under section 353.01, subdivision 11a.

(c) An applicant for disability shall provide a detailed report signed by a licensed medical
doctor and at least one additional report signed by a medical doctor, psychologist, new text beginAPRN,
new text end or chiropractor. The applicant shall authorize the release of all medical and health care
evidence, including all medical records and relevant information from any source, to support
the application for initial, or the continuing payment of, disability benefits.

(d) All reports must contain an opinion regarding the claimant's prognosis, the duration
of the disability, and the expectations for improvement. Any report that does not contain
and support a finding that the disability will last for at least one year may not be relied upon
to support eligibility for benefits.

(e) Where the medical evidence supports the expectation that at some point in time the
claimant will no longer be disabled, any decision granting disability may provide for a
termination date upon which disability can be expected to no longer exist. In the event a
termination date is made part of the decision granting benefits, prior to the actual termination
of benefits, the claimant shall have the opportunity to show that the disabling condition for
which benefits were initially granted continues. In the event the benefits terminate in
accordance with the original decision, the claimant may petition for a review by the board
of trustees under section 353.03, subdivision 3, or may reapply for disability in accordance
with these procedures and section 353.33, 353.656, or 353E.06, as applicable.

(f) Any claim to disability must be supported by a report from the employer indicating
that there is no available work that the employee can perform in the employee's disabled
condition and that all reasonable accommodations have been considered. Upon request of
the executive director, an employer shall provide evidence of the steps the employer has
taken to attempt to provide reasonable accommodations and continued employment to the
claimant. The employer shall also provide a certification of the member's past public service;
the dates of any paid sick leave, vacation, or any other employer-paid salary continuation
plan beyond the last working day; and whether or not any sick or annual leave has been
allowed.

(g) An employee who is placed on leave of absence without compensation because of
a disability is not barred from receiving a disability benefit.

(h) An applicant for disability benefits may file a retirement annuity application under
section 353.29, subdivision 4, simultaneously with an application for disability benefits. If
the application for disability benefits is approved, the retirement annuity application is
canceled. If disability benefits are denied, the retirement annuity application must be
processed upon the request of the applicant. No member of the public employees general
plan, the public employees police and fire plan, or the local government correctional service
retirement plan may receive a disability benefit and a retirement annuity simultaneously
from the same plan.

Sec. 8.

Minnesota Statutes 2020, section 353.031, subdivision 8, is amended to read:


Subd. 8.

Proof of continuing disability.

(a) A disability benefit payment must not be
made except upon adequate proof furnished to the executive director of the association that
the person remains disabled.

(b) During the time when disability benefits are being paid, the executive director of the
association has the right, at reasonable times, to require the disabled member to submit
proof of the continuance of the disability claimed.

(c) Adequate proof of a disability must include a written expert report by a licensed
physician, deleted text beginadeleted text end new text beginAPRN, or new text endlicensed chiropractor, or, with respect to a mental impairment, a
licensed psychologist.

Sec. 9.

Minnesota Statutes 2020, section 354.05, is amended by adding a subdivision to
read:


new text begin Subd. 43. new text end

new text begin APRN. new text end

new text begin "APRN" means an individual licensed as an advanced practice
registered nurse by the Board of Nursing as defined in section 148.171, subdivision 3, who
provides services to a member or applicant that are within the scope of the APRN's
professional licensure.
new text end

Sec. 10.

Minnesota Statutes 2020, section 354.48, subdivision 4, is amended to read:


Subd. 4.

Determination by executive director.

(a) The executive director shall have
the member examined by at least two licensed physicians, licensed chiropractors, or licensed
psychologists.

(b) These physicians, chiropractors, new text beginAPRNs, new text endor psychologists with respect to a mental
impairment, shall make written reports to the executive director concerning the member's
disability, including expert opinions as to whether or not the member is permanently and
totally disabled within the meaning of section 354.05, subdivision 14.

(c) The executive director shall also obtain written certification from the last employer
stating whether or not the member was separated from service because of a disability which
would reasonably prevent further service to the employer and as a consequence the member
is not entitled to compensation from the employer.

(d) If, upon the consideration of the reports of the physicians, chiropractors, new text beginAPRNs, new text endor
psychologists and any other evidence presented by the member or by others interested
therein, the executive director finds that the member is totally and permanently disabled,
the executive director shall grant the member a disability benefit.

(e) An employee who is placed on leave of absence without compensation because of
disability is not barred from receiving a disability benefit.

Sec. 11.

Minnesota Statutes 2020, section 354.48, subdivision 6, is amended to read:


Subd. 6.

Regular physical examinations.

At least once each year during the first five
years following the allowance of a disability benefit to any member, and at least once in
every three-year period thereafter, the executive director may require the disability new text beginbenefit
new text end recipient to undergo an expert examination by a physician or physicians, by a chiropractor
or chiropractors, new text beginby an APRN or APRNs, new text endor by one or more psychologists with respect to
a mental impairment, engaged by the executive director. If an examination indicates that
the member is no longer permanently and totally disabled or that the member is engaged
or is able to engage in a substantial gainful occupation, payments of the disability benefit
by the association must be discontinued. The payments must be discontinued as soon as the
member is reinstated to the payroll following sick leave, but payment may not be made for
more than 60 days after the physicians, deleted text beginthedeleted text end chiropractors, new text beginAPRNs, new text endor deleted text beginthedeleted text end psychologists
engaged by the executive director find that the person is no longer permanently and totally
disabled.

Sec. 12.

Minnesota Statutes 2020, section 354.48, subdivision 6a, is amended to read:


Subd. 6a.

Medical adviser; duties.

The executive director may contract with an
accredited independent organization specializing in disability determinations, licensed
physicians, or physicians on the staff of the commissioner of health as designated by the
commissioner, to be the medical adviser to the executive director. The medical adviser shall
designate licensed physicians, deleted text beginlicensed chiropractors, or licensed psychologists with respect
to a mental impairment,
deleted text end who shall examine applicants for disability benefits. The medical
adviser shall pass upon all expert reports based on any examinations performed in order to
determine whether a teacher is totally and permanently disabled as defined in section 354.05,
subdivision 14
. The medical adviser shall also investigate all health and medical statements
and certificates by or on behalf of a teacher in connection with a disability benefit, and shall
report in writing to the director setting forth any conclusions and recommendations on all
matters referred to the medical adviser.

Sec. 13.

Minnesota Statutes 2020, section 354A.011, is amended by adding a subdivision
to read:


new text begin Subd. 6a. new text end

new text begin APRN. new text end

new text begin "APRN" means an individual licensed as an advanced practice
registered nurse by the Board of Nursing as defined in section 148.171, subdivision 3, who
provides services to a member or applicant that are within the scope of the APRN's
professional licensure.
new text end

Sec. 14.

Minnesota Statutes 2020, section 354A.011, is amended by adding a subdivision
to read:


new text begin Subd. 14b. new text end

new text begin Medical expert. new text end

new text begin For purposes of section 354A.36, "medical expert" means
a licensed physician, licensed chiropractor, APRN, or licensed psychologist, in each case
working within the scope of the individual's professional licensure.
new text end

Sec. 15.

Minnesota Statutes 2020, section 354A.36, subdivision 4, is amended to read:


Subd. 4.

Determination of disability.

(a) The board of the teachers retirement fund
association shall make the final determination of the existence of a permanent and total
disability. The board shall have the coordinated member examined by at least two deleted text beginlicensed
physicians, licensed chiropractors, or licensed psychologists who are selected by the board
deleted text endnew text begin
medical experts
new text end. After making deleted text beginanydeleted text end new text begina new text endrequired deleted text beginexaminationsdeleted text endnew text begin examinationnew text end, each deleted text beginphysician,
chiropractor, or psychologist with respect to a mental impairment,
deleted text end new text beginmedical expert new text endshall
make a written report to the board concerning the coordinated member, which shall include
deleted text begin a statementdeleted text end new text beginan opinion new text endof the new text beginmedical new text endexpert deleted text beginopinion of the physician, chiropractor, or
psychologist
deleted text end as to whether or not the member is permanently and totally disabled within
the meaning of section 354A.011, subdivision 14. The board shall also obtain a written
statement from the employer as to whether or not the coordinated member was terminated
or separated from active employment due to a disability which is deemed by the employer
to reasonably prevent further service by the member to the employer and which caused the
coordinated member not to be entitled to further compensation from the employer for services
rendered by the member. If, after consideration of the reports of the deleted text beginphysicians, chiropractors,
or psychologists with respect to a mental impairment
deleted text endnew text begin medical experts and any medical
adviser retained by the board under subdivision 4a, the employer statement
new text end, and any evidence
presented by the member or deleted text beginbydeleted text end any other interested parties, the board determines that the
coordinated member is totally and permanently disabled within the meaning of section
354A.011, subdivision 14, deleted text beginitdeleted text end new text beginthe board new text endshall grant the coordinated member a disability
benefit. A member who is placed on a leave of absence without compensation as a result
of the disability is not barred from receiving a disability benefit under this section.

(b) The executive director shall reject an application for disability benefits under section
354A.36 if the member is applying only because an employer-sponsored provider of private
disability insurance benefits requires the application and the member would not have applied
for disability benefits in the absence of the requirement. The member shall submit a copy
of the disability insurance policy that requires an application for disability benefits from
the plan if the member wishes to assert that the application is only being submitted because
of the disability insurance policy requirement.

Sec. 16.

Minnesota Statutes 2020, section 354A.36, is amended by adding a subdivision
to read:


new text begin Subd. 4a. new text end

new text begin Medical adviser; duties. new text end

new text begin The executive director may contract with an
independent medical expert or an accredited organization specializing in disability
determinations to serve as a medical adviser to the board. The medical adviser shall review
all expert reports based on any examinations performed in order to determine whether a
coordinated member is totally and permanently disabled as defined in section 354A.011,
subdivision 14. The medical adviser shall also investigate all health and medical statements
and certificates by or on behalf of a member in connection with a disability benefit and shall
report in writing to the board, setting forth any conclusions and recommendations on all
matters referred to the medical adviser. The board shall have sole discretion to select the
appropriate licensed medical professional or organization to serve as the medical adviser.
new text end

Sec. 17.

Minnesota Statutes 2020, section 354A.36, subdivision 6, is amended to read:


Subd. 6.

Requirement for regular physical examinations.

At least once each year
during the first five years following the granting of a disability benefit to a coordinated
member deleted text beginby the boarddeleted text end and at least once in every three-year period thereafter, the board may
require the disability benefit recipient to undergo an expert examination deleted text beginas a condition for
continued entitlement of the benefit recipient to receive a disability benefit. If the board
requires an examination, the expert examination must be made at the place of residence of
the disability benefit recipient or at any other place mutually agreeable to the disability
benefit recipient and the board
deleted text end. The deleted text beginexpertdeleted text end examination must be made by a deleted text beginphysician or
physicians, by a chiropractor or chiropractors, or by one or more psychologists
deleted text end new text beginmedical
expert
new text endengaged by the boardnew text begin, in its sole discretionnew text end. The deleted text beginphysician or physicians, the
chiropractor or chiropractors, or the psychologist or psychologists with respect to a mental
impairment,
deleted text end new text beginmedical expert new text endconducting the deleted text beginexpertdeleted text end examination shall make a written report
to the board concerning the disability benefit recipient and the recipient's disability, including
a statement of the deleted text beginexpertdeleted text end new text beginmedical expert's new text endopinion deleted text beginof the physician, chiropractor, or
psychologist
deleted text end as to whether or not the member remains permanently and totally disabled
within the meaning of section 354A.011, subdivision 14. If the board determines from
consideration of the deleted text beginwritten expert examinationdeleted text end new text beginmedical expert's new text endreport deleted text beginof the physician, of
the chiropractor, or of the psychologist, with respect to a mental impairment,
deleted text end that the
disability benefit recipient is no longer permanently and totally disabled or deleted text beginif the board
determines
deleted text end that the benefit recipient is engaged or deleted text beginisdeleted text end able to engage in a gainful occupation,
unless the disability benefit recipient is partially employed under subdivision 7, then further
disability benefit payments from the fund must be discontinuednew text begin within 60 days of the
determination by the board
new text end. The discontinuation of disability benefits must occur immediately
if the disability recipient is reinstated to the district payroll following sick leave deleted text beginand within
60 days of the determination by the board following the expert examination and report of
the physician or physicians, chiropractor or chiropractors, or psychologist or psychologists
engaged by the board that the disability benefit recipient is no longer permanently and totally
disabled within the meaning of section 354A.011, subdivision 14
deleted text end.

Sec. 18. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 17 are effective the day following final enactment.
new text end

ARTICLE 6

STATE BOARD OF INVESTMENT

Section 1.

Minnesota Statutes 2020, section 11A.04, is amended to read:


11A.04 DUTIES AND POWERS; APPROPRIATION.

The state board shall:

(1) Act as trustees for each fund for which it invests or manages money in accordance
with the standard of care set forth in section 11A.09 if state assets are involved and in
accordance with chapter 356A if pension assets are involved.

(2) Formulate policies and procedures deemed necessary and appropriate to carry out
its functions. Procedures adopted by the board must allow fund beneficiaries and members
of the public to become informed of proposed board actions. Procedures and policies of the
board are not subject to the Administrative Procedure Act.

(3) Employ an executive director as provided in section 11A.07.

(4) Employ investment advisors and consultants as it deems necessary.

(5) Prescribe policies concerning personal investments of all employees of the board to
prevent conflicts of interest.

(6) Maintain a record of its proceedings.

(7) As it deems necessary, establish advisory committees subject to section 15.059 to
assist the board in carrying out its duties.

(8) Not permit state funds to be used for the underwriting or direct purchase of municipal
securities from the issuer or the issuer's agent.

(9) Direct the commissioner of management and budget to sell property other than money
that has escheated to the state when the board determines that sale of the property is in the
best interest of the state. Escheated property must be sold to the highest bidder in the manner
and upon terms and conditions prescribed by the board.

(10) Undertake any other activities necessary to implement the duties and powers set
forth in this section.

(11) Establish a formula or formulas to measure management performance and return
on investment. Public pension funds in the state shall utilize the formula or formulas
developed by the state board.

(12) Except as otherwise provided in article XI, section 8, of the Constitution of the state
of Minnesota, employ, at its discretion, qualified private firms to invest and manage the
assets of funds over which the state board has investment management responsibility. There
is annually appropriated to the state board, from the assets of the funds for which the state
board utilizes a private investment manager, sums sufficient to pay the costs of employing
private firms. Each year, by January 15, the board shall report to the governor and legislature
on the cost and the investment performance of each investment manager employed by the
board.

(13) Adopt an investment policy statement that includes investment objectives, asset
allocation, and the investment management structure for the retirement fund assets under
its control. The statement may be revised at the discretion of the state board. The state board
shall seek the advice of the council regarding its investment policy statement. Adoption of
the statement is not subject to chapter 14.

(14) Adopt a compensation plan setting the terms and conditions of employment for
unclassified new text beginemployees of the state new text endboard deleted text beginemployees who are not covered by a collective
bargaining agreement
deleted text endnew text begin pursuant to section 43A.18, subdivision 3bnew text end.

(15) Contract, as necessary, with the board of trustees of the Minnesota State Universities
and Colleges System for the provision of investment review and selection services under
section 354B.25, subdivision 3, and arrange for the receipt of payment for those services.

There is annually appropriated to the state board, from the assets of the funds for which
the state board provides investment services, sums sufficient to pay the costs of all necessary
expenses for the administration of the board. These sums will be deposited in the State
Board of Investment operating account, which must be established by the commissioner of
management and budget.

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 2020, section 11A.07, subdivision 4, is amended to read:


Subd. 4.

Duties and powers.

The director, at the direction of the state board, shall:

(1) plan, direct, coordinate, and execute administrative and investment functions in
conformity with the policies and directives of the state board and the requirements of this
chapter and of chapter 356A;

(2) prepare and submit biennial and annual budgets to the board and with the approval
of the board submit the budgets to the Department of Management and Budget;

(3) employ professional and clerical staff as necessarydeleted text begin. Employees whose primary
responsibility is to invest or manage money or employees who hold positions designated
as unclassified under section 43A.08, subdivision 1a, are in the unclassified service of the
state. Other employees are in the classified service. Unclassified employees who are not
covered by a collective bargaining agreement are employed under the terms and conditions
of the compensation plan approved under section 43A.18, subdivision 3b
deleted text end;

(4) report to the state board on all operations under the director's control and supervision;

(5) maintain accurate and complete records of securities transactions and official
activities;

(6) establish a policynew text begin, which is subject to state board approval,new text end relating to the purchase
and sale of securities on the basis of competitive offerings or bidsdeleted text begin. The policy is subject to
board approval
deleted text end;

(7) cause securities acquired to be kept in the custody of the commissioner of management
and budget or other depositories consistent with chapter 356A, as the state board deems
appropriate;

(8) prepare and file with the director of the Legislative Reference Library, by December
31 of each year, a report summarizing the activities of the state board, the council, and the
director during the preceding fiscal yeardeleted text begin. The report must be prepared so as to provide the
legislature and the people of the state with a clear, comprehensive summary of the portfolio
composition, the transactions, the total annual rate of return, and the yield to the state treasury
and to each of the funds whose assets are invested by the state board, and the recipients of
business placed or commissions allocated among the various commercial banks, investment
bankers, money managers, and brokerage organizations and the amount of these commissions
or other fees. The report must include an executive summary
deleted text end;

(9) include on the state board's website its annual report and an executive summary of
its quarterly reports;

(10) require state officials from any department or agency to produce and provide access
to any financial documents the state board deems necessary in the conduct of its investment
activities;

(11) receive and expend legislative appropriations; and

(12) undertake any other activities necessary to implement the duties and powers set
forth in this subdivision consistent with chapter 356A.

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 2020, section 11A.07, is amended by adding a subdivision to
read:


new text begin Subd. 4a. new text end

new text begin Classification of state board employees. new text end

new text begin (a) Employees of the state board
who are in the unclassified service of the state are employed under the terms and conditions
of the compensation plan approved under section 43A.18, subdivision 3b. The following
state board employees are in the unclassified service of the state:
new text end

new text begin (1) professional employees who, in the determination of the director, are primarily
responsible for managing or administering the investment portfolio, including but not limited
to investment diligence and analysis, investment risk mitigation, and implementing
investment strategy; and
new text end

new text begin (2) employees who hold positions designated as unclassified under section 43A.08,
subdivision 1a.
new text end

new text begin (b) Employees of the state board who are not in the unclassified service under paragraph
(a) are in the classified service of the state.
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 2020, section 11A.07, is amended by adding a subdivision to
read:


new text begin Subd. 4b. new text end

new text begin Annual report. new text end

new text begin The report required under subdivision 4, clause (8), must
include an executive summary and must be prepared so as to provide the legislature and the
people of the state with:
new text end

new text begin (1) a clear, comprehensive summary of the portfolio composition, the transactions, the
total annual rate of return, and the yield to the state treasury and to each of the funds with
assets invested by the state board; and
new text end

new text begin (2) the recipients of business placed or commissions allocated among the various
commercial banks, investment bankers, money managers, and brokerage organizations and
the amount of these commissions or other fees.
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. 5.

Minnesota Statutes 2020, section 43A.18, subdivision 3b, is amended to read:


Subd. 3b.

State Board of Investment plan.

Total compensation for unclassified positions
deleted text begin not covered by a collective bargaining agreementdeleted text end under section 11A.04new text begin, clause (14),new text end in the
State Board of Investment must be determined by the State Board of Investment. Before
submitting a compensation plan to the legislature and the Legislative Coordinating
Commission, the State Board of Investment must submit the plan to the commissioner of
management and budget for review and comment. The commissioner must complete the
review within 14 days of its receipt. Compensation plans established under this subdivision
must be approved by the legislature and the Legislative Coordinating Commission under
section 3.855, before becoming effective.

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 2020, section 179A.10, subdivision 1, is amended to read:


Subdivision 1.

Exclusions.

The commissioner of management and budget shall meet
and negotiate with the exclusive representative of each of the units specified in this section,
except as provided in section 43A.06, subdivision 1, paragraph (c). The units provided in
this section are the only appropriate units for executive branch state employees. The following
employees shall be excluded from any appropriate unit:

(1) the positions and classes of positions in the classified and unclassified services defined
as managerial by the commissioner of management and budget in accordance with section
43A.18, subdivision 3, and so designated in the official state compensation schedules;

(2) unclassified positions in the Minnesota State Colleges and Universities defined as
managerial by the Board of Trustees;

(3) positions of all unclassified employees appointed by a constitutional officer;

(4) positions in the Bureau of Mediation Services and the Public Employment Relations
Board;

(5) positions of employees whose classification is pilot or chief pilot;

(6) administrative law judge and compensation judge positions in the Office of
Administrative Hearings; deleted text beginand
deleted text end

(7) positions of all confidential employeesdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (8) positions of employees of the State Board of Investment who are employed under
the terms and conditions of the compensation plan approved under section 43A.18,
subdivision 3b.
new text end

The governor may upon the unanimous written request of exclusive representatives of
units and the commissioner direct that negotiations be conducted for one or more units in
a common proceeding or that supplemental negotiations be conducted for portions of a unit
or units defined on the basis of appointing authority or geography.

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

STUDY OF ADEQUACY OF POLICE DISABILITY BENEFITS

Section 1. new text beginDEPARTMENT OF LABOR AND INDUSTRY; STUDY OF ADEQUACY
OF POLICE DISABILITY BENEFITS.
new text end

new text begin The Department of Labor and Industry shall study the adequacy of current benefits
available to disabled or injured police officers. The study shall consider workers'
compensation, disability, and pension benefits and the adequacy of these benefits for
Minnesota police officers. At least one public hearing shall be held. The Public Employees
Retirement Association shall cooperate with the department in conducting this study. The
department shall issue a report no later than January 15, 2023, to the chairs and ranking
minority members of the legislative committees with jurisdiction over public safety and
employment issues and to the chair of the Legislative Commission on Pensions and
Retirement.
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. 2. new text beginAPPROPRIATION.
new text end

new text begin $125,000 in fiscal year 2023 is appropriated from the general fund to the Department
of Labor and Industry for costs associated with conducting the study required by this article.
This is a onetime appropriation.
new text end

ARTICLE 8

SERVICE CREDIT PURCHASE FOR TEACHING SERVICE IN OTHER STATES

Section 1.

new text begin [354.544] SERVICE CREDIT PURCHASE FOR TEACHING SERVICE
IN OTHER STATES.
new text end

new text begin Subdivision 1. new text end

new text begin Service credit purchase authorized. new text end

new text begin (a) A teacher who has at least three
years of allowable service credit with the Teachers Retirement Association is entitled to
purchase up to five years of allowable and formula service credit for periods of service as
an elementary or secondary public or charter school teacher in another state by making
payment of the purchase payment amount under subdivision 4.
new text end

new text begin (b) Periods of service that may be purchased are:
new text end

new text begin (1) periods of service as a teacher in another state before becoming a member of the
association; and
new text end

new text begin (2) periods of service as a teacher in another state during any period of employment
after terminating teaching service as a member of the association and before returning to
teaching service as a member of the association.
new text end

new text begin (c) A teacher is not permitted to purchase a period of service if the purchase would result
in an entitlement to service credit for the same period of service in more than one pension
or retirement plan.
new text end

new text begin Subd. 2. new text end

new text begin Application and documentation. new text end

new text begin A teacher who desires to purchase service
credit under subdivision 1 must apply with the executive director to make the purchase. The
application must include:
new text end

new text begin (1) documentation showing the teacher's period of employment as a teacher in another
state;
new text end

new text begin (2) the period of employment for which service credit is being purchased;
new text end

new text begin (3) permission to allow the executive director to request and receive verification of such
employment;
new text end

new text begin (4) documentation showing that the teacher has forfeited all rights to benefits for the
period of employment as a teacher in another state; and
new text end

new text begin (5) any other relevant information requested by the executive director.
new text end

new text begin Subd. 3. new text end

new text begin Grant of service credit. new text end

new text begin The Teachers Retirement Association must grant
allowable service credit to the teacher making the purchase for the period being purchased
upon receipt of the purchase payment amount. Payment must be made by the earlier of the
teacher's termination of teaching service or one year after the executive director's approval
of the teacher's application to purchase service credit. Purchasing allowable service credit
under this section does not change the date the teacher first became a member of the
association for the purpose of computing an annuity under section 354.44, subdivision 6.
new text end

new text begin Subd. 4. new text end

new text begin Purchase payment amount. new text end

new text begin The purchase payment amount is the amount
determined under section 356.551 for the period or periods of service requested, except
that, for purposes of calculating the purchase payment amount to purchase allowable service
credit for service as a teacher in another state that occurred before becoming a member of
the association or between periods of teaching service as a member of the association,
section 356.551, subdivision 2, paragraph (c), shall not apply.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 2.

new text begin [354A.0961] SERVICE CREDIT PURCHASE FOR TEACHING SERVICE
IN OTHER STATES.
new text end

new text begin Subdivision 1. new text end

new text begin Service credit purchase authorized. new text end

new text begin (a) A teacher who has at least three
years of allowable service credit with the St. Paul Teachers Retirement Fund Association
is entitled to purchase up to five years of allowable and formula service credit for periods
of service as an elementary or secondary public or charter school teacher in another state
by making payment of the purchase payment amount under subdivision 4.
new text end

new text begin (b) Periods of service that may be purchased are:
new text end

new text begin (1) periods of service as a teacher in another state before becoming a member of the
association; and
new text end

new text begin (2) periods of service as a teacher in another state during any period of employment
after terminating teaching service as a member of the association and before returning to
teaching service as a member of the association.
new text end

new text begin (c) A teacher is not permitted to purchase a period of service if the purchase would result
in an entitlement to service credit for the same period of service in more than one pension
or retirement plan.
new text end

new text begin Subd. 2. new text end

new text begin Application and documentation. new text end

new text begin A teacher who desires to purchase service
credit under subdivision 1 must apply with the executive director to make the purchase. The
application must include:
new text end

new text begin (1) documentation showing the teacher's period of employment as a teacher in another
state;
new text end

new text begin (2) the period of employment for which service credit is being purchased;
new text end

new text begin (3) permission to allow the executive director to request and receive verification of such
employment;
new text end

new text begin (4) documentation showing that the teacher has forfeited all rights to benefits for the
period of employment as a teacher in another state; and
new text end

new text begin (5) any other relevant information requested by the executive director.
new text end

new text begin Subd. 3. new text end

new text begin Grant of service credit. new text end

new text begin The St. Paul Teachers Retirement Fund Association
must grant allowable service credit to the teacher making the purchase for the period being
purchased upon receipt of the purchase payment amount. Payment must be made by the
earlier of the teacher's termination of teaching service or one year after the executive director's
approval of the teacher's application to purchase service credit. Purchasing allowable service
credit under this section does not change the date the teacher first became a member of the
association for the purpose of computing an annuity under section 354A.31, subdivision 6.
new text end

new text begin Subd. 4. new text end

new text begin Purchase payment amount. new text end

new text begin The purchase payment amount is the amount
determined under section 356.551 for the period or periods of service requested, except
that, for purposes of calculating the purchase payment amount to purchase allowable service
credit for service as a teacher in another state that occurred before becoming a member of
the association or between periods of teaching service as a member of the association,
section 356.551, subdivision 2, paragraph (c), shall not apply.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 3.

Minnesota Statutes 2020, 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 investment return assumption
applicable to the public pension plan specified in section 356.215, subdivision 8, and the
mortality table adopted for the public pension plan.

(1) Unless clause (2) applies, 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 8.

(2) This clause applies when the calculation is being done for purposes of section
353.0141, subdivision 3new text begin; 354.544; or 354A.0961new text end. The calculation must include continuous
future service in the public pension plan until, and retirement at, any age at or after which
the minimum requirements of the fund for early 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 be determined using the retirement age that
provides the most valuable benefit to the member. 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 8.

(c) The prior service credit purchase amount may not be less than the amount determined
by applying, for each year or fraction of a year being purchased, the sum of the employee
contribution rate, the employer contribution rate, and the additional employer contribution
rate, if any, applicable during that period, to the person's annual salary during that period,
or fractional portion of a year's salary, if applicable, plus interest at the applicable annual
rate or rates specified in section 356.59, subdivision 2, 3, 4, or 5, whichever applies,
compounded annually, from the end of the year in which contributions would otherwise
have been made to the date on which the payment is received.

(d) Unless otherwise provided by statutes governing a specific plan, payment must be
made in one lump sum within one year of the prior service credit authorization or prior to
the member's effective date of retirement, whichever is earlier. 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
applicable annual rate or rates specified in section 356.59, subdivision 2, 3, 4, or 5, whichever
applies, 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 January 1, 2023.
new text end

ARTICLE 9

TECHNICAL CLARIFICATIONS AND CORRECTIONS

Section 1.

Minnesota Statutes 2020, section 352.87, subdivision 6, is amended to read:


Subd. 6.

Disability benefit coordination.

If the eligible employee is entitled to receive
a disability benefit as provided in subdivision 4 or 5 and has allowable service credit under
this section for less service than the length of service upon which the disability benefit in
subdivision 4 or 5 is based, and also has allowable service in the general plan not includable
in this section, the employee is entitled to a disability benefit or deferred retirement annuity
based on the general plan service not includable in this section only for the service that,
when combined with the service includable in this section, exceeds the number of years on
which the disability benefit provided in subdivision 4 or 5 is based. The benefit recipient
under subdivision 4 or 5 who also has credit for regular plan service must in all respects
qualify under section 352.113 to be entitled to receive a disability benefit based on the
general plan service not includable in this section, except that the service may be combined
to satisfy length of service requirements. Any deferred annuity to which the employee may
be entitled based on general plan service not includable in this section must be augmented
as provided in section deleted text begin352.72, subdivision 2deleted text endnew text begin 352.22, subdivision 3anew text end, while the employee is
receiving a disability benefit under this section.

Sec. 2.

Minnesota Statutes 2020, section 352.94, is amended to read:


352.94 AUGMENTATION FOR EMPLOYEES WITH GENERAL AND
CORRECTIONAL SERVICE.

An employee who becomes covered by the correctional plan after serving as a general
plan covered employee, or becomes covered by the general plan after serving as a correctional
plan covered employee, is covered under section deleted text begin352.72, subdivision 2deleted text endnew text begin 356.311new text end.

Sec. 3.

Minnesota Statutes 2020, section 352.95, subdivision 6, is amended to read:


Subd. 6.

Disability benefit for certain employees with regular plan service.

If the
employee is entitled to receive a disability benefit as provided in subdivision 1 or 2 and has
credit for less covered correctional service than the length of service upon which the
correctional disability benefit is based, and also has credit for regular plan service, the
employee is entitled to a disability benefit or deferred retirement annuity based on the regular
plan service only for that service which when combined with the correctional service exceeds
number of years on which the correctional disability benefit is based. The disabled employee
who also has credit for regular plan service must in all respects qualify under section 352.113
for a disability benefit based on the regular plan service, except that the service may be
combined to satisfy length of service requirements. Any deferred annuity to which the
employee is entitled based on regular plan service must be augmented as provided in sectiondeleted text begin
352.72
deleted text endnew text begin 352.22, subdivision 3a,new text end while the employee is receiving a disability benefit under
this section.

Sec. 4.

Minnesota Statutes 2020, section 352B.05, is amended to read:


352B.05 INVESTMENTS.

The State Board of Investment may invest and reinvest any portions of the State Patrol
retirement fund not needed for immediate purposes. The executive directornew text begin of the Minnesota
State Retirement System
new text end shall determine what funds may be invested. Money may be
invested in securities authorized as legal investments for the Minnesota State Retirement
System. The state board may sell, convey, and exchange securities and invest and reinvest
the funds when it deems it desirable to do so. The state board shall sell securities upon
request from the executive director when the executive director determines funds are needed
for its purposes. Provisions regarding accounting procedures and restrictions and conditions
for the purchase and sale of securities for the Minnesota State Retirement System apply to
the accounting, purchase, and sale of securities for the State Patrol retirement fund.

Sec. 5.

Minnesota Statutes 2020, section 353.031, subdivision 7, is amended to read:


Subd. 7.

Refusal of examination or medical evidence.

If a person applying for or
receiving a disability benefit refuses to submit to a medical examination under subdivision
6, or fails to provide or to authorize the release of medical evidence under subdivision 3new text begin or
8
new text end, the association shall cease the application process or shall discontinue the payment of a
disability benefit, whichever is applicable. Upon the receipt of the requested medical
evidence, the association shall resume the application process or the payment of a disability
benefit upon approval for the continuation, whichever is applicable.

Sec. 6.

Minnesota Statutes 2020, section 353.32, subdivision 1a, is amended to read:


Subd. 1a.

Surviving spouse optional annuity.

(a) If a member or former member who
is vested under section 353.01, subdivision 47, and who dies before the annuity or disability
benefit begins to accrue under section 353.29, subdivision 7, or 353.33, subdivision 2,
notwithstanding any designation of beneficiary to the contrary, the surviving spouse may
elect to receive, instead of a refund with interest under subdivision 1, or surviving spouse
benefits otherwise payable under section 353.31, an annuity equal to a 100 percent joint
and survivor annuity computed consistent with section 353.30, subdivision 1a, 1c, or 5,
whichever is applicable.

(b) If a member first became a public employee or a member of a pension fund listed in
section 356.30, subdivision 3, before July 1, 1989, and has credit for at least 30 years of
allowable service on the date of death, the surviving spouse may elect to receive a 100
percent joint and survivor annuity computed using section 353.30, subdivision 1b, except
that the early retirement reduction under that provision will be applied from age 62 back to
age 55 and one-half of the early retirement reduction from age 55 back to the age payment
begins.

(c) If a member who was under age 55 and who is vested under section 353.01,
subdivision 47
, dies, but did not qualify for retirement on the date of death, the surviving
spouse may elect to receive a 100 percent joint and survivor annuity computed using section
353.30, subdivision 1c or 5, as applicable, except that the early retirement reduction specified
in the applicable subdivision will be applied to age 55 and one-half of the early retirement
reduction from age 55 back to the age payment begins.

(d) Notwithstanding the definition of surviving spouse in section 353.01, subdivision
20
, a former spouse of the member, if any, is entitled to a portion of the monthly surviving
spouse optional annuity if stipulated under the terms of a marriage dissolution decree filed
with the association. If there is no surviving spouse or child or children, a former spouse
may be entitled to a lump-sum refund payment under subdivision 1, if provided for in a
marriage dissolution decree, but not a monthly surviving spouse optional annuity, despite
the terms of a marriage dissolution decree filed with the association.

(e) The surviving spouse eligible for surviving spouse benefits under paragraph (a) may
apply for the annuity at any time after the date on which the deceased employee would have
attained the required age for retirement based on the employee's allowable service. The
surviving spouse eligible for surviving spouse benefits under paragraph (b) or (c) may apply
for an annuity any time after the member's death.

(f) deleted text beginSectionsdeleted text endnew text begin Sectionnew text end 353.34, subdivision 3, deleted text beginand 353.71, subdivision 2, applydeleted text endnew text begin appliesnew text end to
a deferred annuity or surviving spouse benefit payable under this subdivision.

(g) An amount equal to any excess of the accumulated contributions that were credited
to the account of the deceased employee over and above the total of the annuities paid and
payable to the surviving spouse must be paid to the surviving spouse's estate.

(h) A member may specify in writing, with the signed consent of the spouse, that this
subdivision does not apply and that payment may be made only to the designated beneficiary
as otherwise provided by this chapter. The waiver of a surviving spouse annuity under this
section does not make a dependent child eligible for benefits under subdivision 1c.

(i) If the deceased member or former member first became a public employee or a
member of a public pension plan listed in section 356.30, subdivision 3, on or after July 1,
1989, a survivor annuity computed under paragraph (a) or (c) must be computed as specified
in section 353.30, subdivision 5, except for the revised early retirement reduction specified
in paragraph (c), if paragraph (c) is the applicable provision.

(j) For any survivor annuity determined under this subdivision, the payment is to be
based on the total allowable service that the member had accrued as of the date of death
and the age of the member and surviving spouse on that date.

Sec. 7.

Minnesota Statutes 2020, section 353.34, subdivision 5, is amended to read:


Subd. 5.

deleted text beginRefundmentdeleted text endnew text begin Right to a refundnew text end generally unlimited.

The right deleted text beginof refundmentdeleted text endnew text begin
to a refund
new text end provided in this chapter, and laws amendatory thereof, is not restricted as to
time unless specifically provided and the statute of limitation does not apply thereto.

Sec. 8.

Minnesota Statutes 2020, section 353.657, subdivision 2a, is amended to read:


Subd. 2a.

Death while eligible survivor benefit.

(a) If a member or former member
who has attained the age of at least 50 years and either who is vested under section 353.01,
subdivision 47
, or who has credit for at least 30 years of allowable service, regardless of
age attained, dies before the annuity or disability benefit becomes payable, notwithstanding
any designation of beneficiary to the contrary, the surviving spouse may elect to receive a
death while eligible survivor benefit.

(b) Notwithstanding the definition of surviving spouse in section 353.01, subdivision
20
, a former spouse of the member, if any, is entitled to a portion of the death while eligible
survivor benefit if stipulated under the terms of a marriage dissolution decree filed with the
association. If there is no surviving spouse or child or children, a former spouse may be
entitled to a lump-sum refund payment under section 353.32, subdivision 1, if provided for
in a marriage dissolution decree but not a death while eligible survivor benefit despite the
terms of a marriage dissolution decree filed with the association.

(c) The benefit may be elected instead of a refund with interest under section 353.32,
subdivision 1
, or surviving spouse benefits otherwise payable under subdivisions 1 and 2.
The benefit must be an annuity equal to the 100 percent joint and survivor annuity which
the member could have qualified for on the date of death, computed as provided in sections
353.651, subdivision 3, and 353.30, subdivision 3.

(d) The surviving spouse may apply for the annuity at any time after the date on which
the deceased employee would have attained the required age for retirement based on the
employee's allowable service. deleted text beginSectionsdeleted text endnew text begin Sectionnew text end 353.34, subdivision 3, deleted text beginand 353.71, subdivision
2
, apply
deleted text endnew text begin appliesnew text end to a deferred annuity payable under this subdivision.

(e) No payment accrues beyond the end of the month in which entitlement to such annuity
has terminated. An amount equal to the excess, if any, of the accumulated contributions
which were credited to the account of the deceased employee over and above the total of
the annuities paid and payable to the surviving spouse must be paid to the deceased member's
last designated beneficiary or, if none, to the legal representative of the estate of such
deceased member.

(f) Any member may request in writing, with the signed consent of the spouse, that this
subdivision not apply and that payment be made only to the designated beneficiary, as
otherwise provided by this chapter.

(g) For a member who is employed as a full-time firefighter by the Department of Military
Affairs of the state of Minnesota, allowable service as a full-time state Military Affairs
Department firefighter credited by the Minnesota State Retirement System may be used in
meeting the minimum allowable service requirement of this subdivision.

Sec. 9.

Minnesota Statutes 2020, section 353.68, subdivision 4, is amended to read:


Subd. 4.

Deferred annuity.

The deferred annuity of section 353.34, subdivision 3, as
it applies to members of the police and fire fund, begins and is computed in the manner
provided in section 353.651 on the basis of the law in effect on the date of termination of
public service. The deferred annuity is augmented under section deleted text begin353.71, subdivision 2deleted text endnew text begin
353.34, subdivision 3
new text end.

Sec. 10.

Minnesota Statutes 2020, section 356.20, subdivision 2, is amended to read:


Subd. 2.

Covered public pension plans and funds.

This section applies to the following
public pension plans:

(1) the general state employees retirement plan of the Minnesota State Retirement System;

(2) the general employees retirement plan of the Public Employees Retirement
Association;

(3) the Teachers Retirement Association;

(4) the State Patrol retirement plan;

(5) the St. Paul Teachers Retirement Fund Association;

(6) the University of Minnesota faculty retirement plan;

(7) the University of Minnesota faculty supplemental retirement plan;

(8) the judges retirement fund;

(9) the Bloomington Fire Department Relief Association;

(10) a volunteer firefighter relief association governed by section 424A.091;

(11) the public employees police and fire plan of the Public Employees Retirement
Association;

(12) the correctional state employees retirement plan of the Minnesota State Retirement
System;

(13) the local government correctional service retirement plan of the Public Employees
Retirement Association; and

(14) the statewide deleted text beginlump-sumdeleted text end volunteer firefighter plan.

Sec. 11.

Minnesota Statutes 2020, section 356.24, subdivision 3, is amended to read:


Subd. 3.

Deferred compensation plan.

(a) As used in this sectiondeleted text begin, adeleted text endnew text begin:
new text end

new text begin (1)new text end "deferred compensation plan" means a plan that satisfies the requirements deleted text beginindeleted text end new text beginof new text endthis
subdivisiondeleted text begin.deleted text endnew text begin;
new text end

new text begin (2) "plan administrator" means the individual or entity defined as the plan administrator
in the plan document for the Minnesota deferred compensation plan under section 352.965
or a deferred compensation plan under section 457(b) of the Internal Revenue Code; and
new text end

new text begin (3) "vendor" means the provider of an annuity contract, custodial account, or retirement
income account under a tax-sheltered annuity plan under section 403(b) of the Internal
Revenue Code.
new text end

(b) The plan is:

(1) the Minnesota deferred compensation plan under section 352.965;

(2) a tax-sheltered annuity deleted text beginprogramdeleted text end new text beginplan new text endunder section 403(b) of the Internal Revenue
Code; or

(3) a deferred compensation plan under section 457(b) of the Internal Revenue Code.

(c) new text beginFor each investment fund available to participants under the plan, other than in a
self-directed brokerage account,
new text endthe plan administrator or deleted text begincustodiandeleted text end new text beginvendor new text enddiscloses at
least annually to participants new text begina statement that sets forth new text end(1) all fees, including administrative,
maintenance, and investment fees, that impact the rate of return on each investment fund
available under the plan, and (2) deleted text beginfor each investment fund,deleted text end the rates of return for the prior
one-, three-, five-, and ten-year periods or for the life of the fund, if shorter, in an easily
understandable document. The plan administrator or deleted text begincustodiandeleted text end new text beginvendor new text endmust file a copy of
this deleted text begindocumentdeleted text end new text beginstatement new text endwith the executive director of the Legislative Commission on
Pensions and Retirement within 30 days of the end of each fiscal year of the plan.

(d) Enrollment in the plan is provided for in:

(1) a personnel policy of the public employer;

(2) a collective bargaining agreement between the public employer and the exclusive
representative of public employees in an appropriate unit; or

(3) an individual employment contract between a city and a city manager.

(e) The plan covers employees of a school district, state agency, or other governmental
subdivision. The plan may cover city managers covered by an alternative retirement
arrangement under section 353.028, subdivision 3, paragraph (a) or (b), but must not cover
employees of the Board of Trustees of Minnesota State Colleges and Universities who are
covered by the Higher Education Supplemental Retirement Plan under chapter 354C.

(f) new text beginExcept as permitted under paragraph (g), new text endpublic funds are contributed to the plan
only in an amount that matches employee contributions on a dollar for dollar basis, but not
to exceed the lesser of (1) the maximum authorized under the policy described in paragraph
(d) that provides for enrollment in the plan or program, or (2) one-half of the annual limit
on elective deferrals under section 402(g) of the Internal Revenue Code.

(g) Contributions to the plan may include contributions deducted from an employee's
sick leave, accumulated vacation leave, or accumulated severance paynew text begin, whether characterized
as employee contributions or nonelective employer contributions, up to applicable limits
under the Internal Revenue Code. Such contributions are not subject to the match requirement
and limit in paragraph (f)
new text end.

Sec. 12.

Minnesota Statutes 2020, section 356.645, is amended to read:


356.645 INVESTMENT OF deleted text beginVARIOUSdeleted text end DEFINED CONTRIBUTION deleted text beginPLAN
ASSETS
deleted text endnew text begin PLANS AND VOLUNTEER FIREFIGHTERS RELIEF ASSOCIATIONSnew text end.

The State Board of Investment shall determine the investments to be made available to
plan participants in plans defined in sections 352.965, 352.98, and 383B.46 and chapters
352D and 353Dnew text begin and to volunteer firefighters relief associations under chapter 424Anew text end.
Investments made available to plan participantsnew text begin and relief associationsnew text end must include at least
one or more of the following:

(1) shares in the Minnesota supplemental investment fund established in section 11A.17;

(2) savings accounts in federally insured financial institutions;

(3) life insurance contracts, fixed annuity contracts, and variable annuity contracts from
companies that are subject to regulation by the commissioner of commerce;

(4) investment options from open-end investment companies registered under the federal
Investment Company Act of 1940, United States Code, title 15, sections 80a-1 to 80a-64;

(5) investment options from a firm that is a registered investment adviser under the
Investment Advisers Act of 1940, United States Code, title 15, sections 80b-1 to 80b-21;
and

(6) investment options of a bank as defined in United States Code, title 15, section 80b-2,
subsection (a), paragraph (2), or a bank holding company as defined in the Bank Holding
Company Act of 1956, United States Code, title 12, section 1841, subsection (a), paragraph
(1).

Sec. 13.

Minnesota Statutes 2020, section 356A.06, subdivision 6, is amended to read:


Subd. 6.

Limited list of authorized investment securities.

(a) Authority. This
subdivision specifies the investment authority for a limited list plan. A limited list plan is
a covered pension plan that does not:

(1) have pension fund assets with a market value in excess of $1,000,000;

(2) use the services of an investment advisor registered with the Securities and Exchange
Commission in accordance with the Investment Advisers Act of 1940, or registered as an
investment advisor in accordance with sections 80A.58, and 80A.60, for the investment of
at least 60 percent of its pension fund assets, calculated on market value;

(3) use the services of the State Board of Investment for the investment of at least 60
percent of its pension fund assets, calculated on market value; or

(4) use a combination of the services of an investment advisor meeting the requirements
of clause (2) and the services of the State Board of Investment for the investment of at least
75 percent of its pension fund assets, calculated on market value.

(b) Investment agency appointment authority. The governing board of a covered
pension plan may select and appoint investment agencies to act for or on its behalf.

(c) Savings accounts; similar vehicles. A limited list plan is authorized to invest in:

(1) certificates of deposit issued, to the extent of available insurance or collateralization,
by a financial institution that is a member of the Federal Deposit Insurance Corporation deleted text beginor
the Federal Savings and Loan Insurance Corporation
deleted text end, that is insured by the National Credit
Union Administration, or that is authorized to do business in this state and has deposited
with the chief administrative officer of the plan a sufficient amount of marketable securities
as collateral in accordance with section 118A.03;

(2) guaranteed investment contracts, limited to those issued by insurance companies or
banks rated in the top four quality categories by a nationally recognized rating agency or
to alternative guaranteed investment contracts where the underlying assets comply with the
requirements of this paragraph; and

(3) savings accounts, limited to those fully insured by federal agencies.

(d) Government-backed obligations. A limited list plan is authorized to invest in
governmental obligations as further specified in this paragraph, including bonds, notes,
bills, mortgages, and other evidences of indebtedness, if the issue is backed by the full faith
and credit of the issuer or if the issue is rated among the top four quality rating categories
by a nationally recognized rating agency. The obligations in which plans are authorized to
invest under this paragraph are guaranteed or insured issues of:

(1) the United States, one of its agencies, one of its instrumentalities, or an organization
created and regulated by an act of Congress;

(2) the Dominion of Canada or one of its provinces if the principal and interest are
payable in United States dollars;

(3) a state or one of its municipalities, political subdivisions, agencies, or
instrumentalities; or

(4) any United States government-sponsored organization of which the United States is
a member if the principal and interest are payable in United States dollars.

(e) Corporate obligations. A limited list plan is authorized to invest in corporate
obligations, including bonds, notes, debentures, transportation equipment obligations, or
any other longer-term evidences of indebtedness issued or guaranteed by a corporation
organized under the laws of the United States or any of its states, or the Dominion of Canada
or any of its provinces if:

(1) the principal and interest are payable in United States dollars; and

(2) the obligations are rated among the top four quality categories by a nationally
recognized rating agency.

(f) Mutual fund authority, limited list authorized assets. Securities authorized under
paragraphs (c) to (e) may be owned directly or through shares in exchange-traded funds, or
through open-end mutual funds, or as units of commingled trusts.

(g) Extended mutual fund authority. Notwithstanding restrictions in other paragraphs
of this subdivision, a limited list plan is authorized to invest the assets of the special fund
in exchange-traded funds and open-end mutual funds, if their portfolio investments comply
with the type of securities authorized for investment under section 356A.06, subdivision 7,
paragraphs (c) to (g). Investments under this paragraph must not exceed 75 percent of the
assets of the special fund, not including any money market investments through mutual or
exchange-traded funds.

(h) Supplemental fund authority. The governing body of a limited list plan may certify
special fund assets to the State Board of Investment for investment under section 11A.17.

(i) Assets mix restrictions. A limited list plan must conform to the asset mix limitations
specified in section 356A.06, subdivision 7.

Sec. 14.

Minnesota Statutes 2020, section 356A.06, subdivision 8a, is amended to read:


Subd. 8a.

Collateralization requirement.

(a) The governing board of a covered pension
plan shall designate a national bank, an insured state bank, an insured credit union, or an
insured thrift institution as the depository for the pension plan for assets not held by the
pension plan's custodian bank.

(b) Unless collateralized as provided under paragraph (c), a covered pension plan may
not deposit in a designated depository an amount in excess of the insurance held by the
depository in the Federal Deposit Insurance Corporationdeleted text begin, the Federal Savings and Loan
Insurance Corporation,
deleted text end or the National Credit Union Administration, whichever applies.

(c) For an amount greater than the insurance under paragraph (b), the depository must
provide collateral in compliance with section 118A.03 or with any comparable successor
enactment relating to the collateralization of municipal deposits.

Sec. 15.

Minnesota Statutes 2020, section 424A.001, subdivision 4, is amended to read:


Subd. 4.

Relief association.

(a) "Relief association" or "volunteer firefighters relief
association" means a volunteer firefighters relief association or a volunteer firefighters
division or account of a partially salaried and partially volunteer firefighters relief association
that is:

(1) organized and incorporated as a nonprofit corporation to provide retirement benefits
to volunteer firefighters under chapter 317A and any laws of the state;

(2) governed by this chapter and sections 424A.091 to 424A.095; and

(3) directly associated with:

(i) a fire department established by municipal ordinance;

(ii) an independent nonprofit firefighting corporation that is organized under the
provisions of chapter 317A and that operates primarily for firefighting purposes; or

(iii) a fire department operated as or by a joint powers entity that operates primarily for
firefighting purposes.

(b) "Relief association" or "volunteer firefighters relief association" does not mean:

(1) the Bloomington Fire Department Relief Association governed by Laws 2013, chapter
111, article 5, sections 31 to 42; Minnesota Statutes 2000, chapter 424; and Laws 1965,
chapter 446, as amended; or

(2) the statewide deleted text beginlump-sumdeleted text end volunteer firefighter plan governed by chapter 353G.

(c) A relief association or volunteer firefighters relief association is a governmental
entity that receives and manages public money to provide retirement benefits for individuals
providing the governmental services of firefighting and emergency first response.

Sec. 16.

Minnesota Statutes 2020, section 424A.08, is amended to read:


424A.08 MUNICIPALITY WITHOUT RELIEF ASSOCIATION; AUTHORIZED
DISBURSEMENTS.

(a) Any municipality which is entitled to receive fire state aid but which has no volunteer
firefighters relief association directly associated with its fire department and which has no
full-time firefighters with retirement coverage by the public employees police and fire
retirement plan shall deposit the fire state aid in a special account established for that purpose
in the municipal treasury. Disbursement from the special account may not be made for any
purpose except:

(1) payment of the fees, dues and assessments to the Minnesota State Fire Department
Association and to the state Volunteer Firefighters Benefit Association in order to entitle
its firefighters to membership in and the benefits of these state associations;

(2) payment of the cost of purchasing and maintaining needed equipment for the fire
department; and

(3) payment of the cost of construction, acquisition, repair, or maintenance of buildings
or other premises to house the equipment of the fire department.

(b) A municipality which is entitled to receive fire state aid, which has no volunteer
firefighters relief association directly associated with its fire department, which does not
participate in the statewide deleted text beginlump-sumdeleted text end volunteer firefighter plan under chapter 353G, and
which has full-time firefighters with retirement coverage by the public employees police
and fire retirement plan may disburse the fire state aid as provided in paragraph (a), for the
payment of the employer contribution requirement with respect to firefighters covered by
the public employees police and fire retirement plan under section 353.65, subdivision 3,
or for a combination of the two types of disbursements.

(c) A municipality that has no volunteer firefighters relief association directly associated
with it and that participates in the statewide deleted text beginlump-sumdeleted text end volunteer firefighter plan under
chapter 353G shall transmit any fire state aid that it receives to the statewide deleted text beginlump-sumdeleted text end
volunteer firefighter fund.

Sec. 17.

Minnesota Statutes 2020, section 424A.10, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

For purposes of this section:

(1) "qualified recipient" means a volunteer firefighter who receives a lump-sum
distribution of pension or retirement benefits from a volunteer firefighters relief association
or from the statewide deleted text beginlump-sumdeleted text end volunteer firefighter plan;

(2) "survivor of a deceased active or deferred volunteer firefighter" means the surviving
spouse of a deceased active or deferred volunteer firefighter or, if none, the surviving child
or children of a deceased active or deferred volunteer firefighter, or, if none, the designated
beneficiary of the deceased active or deferred volunteer firefighter, or, if no beneficiary has
been designated, the estate of the deceased active or deferred volunteer firefighter;

(3) "active volunteer firefighter" means a person who:

(i) regularly renders fire suppression service, the performance or supervision of authorized
fire prevention duties, or the performance or supervision of authorized emergency medical
response activities for a fire department;

(ii) has met the statutory and other requirements for relief association membership; and

(iii) is deemed by the relief association under law and its bylaws to be a fully qualified
member of the relief association or from the statewide deleted text beginlump-sumdeleted text end volunteer firefighter plan
for at least one month;

(4) "deferred volunteer firefighter" means a former active volunteer firefighter who:

(i) terminated active firefighting service, the performance or supervision of authorized
fire prevention duties, or the performance or supervision of authorized emergency medical
response activities; and

(ii) has sufficient service credit from the applicable relief association or from the statewide
deleted text begin lump-sumdeleted text end volunteer firefighter plan to be entitled to a service pension under the bylaws of
the relief association, but has not applied for or has not received the service pension; and

(5) "volunteer firefighter" includes an individual whose services were utilized to perform
or supervise fire prevention duties if authorized under section 424A.01, subdivision 5, and
individuals whose services were used to perform emergency medical response duties or
supervise emergency medical response activities if authorized under section 424A.01,
subdivision 5a
.

Sec. 18.

Minnesota Statutes 2021 Supplement, section 424A.10, subdivision 2, is amended
to read:


Subd. 2.

Payment of supplemental benefit.

(a) Upon the payment by a volunteer
firefighters relief association or by the statewide deleted text beginlump-sumdeleted text end volunteer firefighter plan of a
lump-sum distribution to a qualified recipient, the association or retirement plan, as
applicable, must pay a supplemental benefit to the qualified recipient. Notwithstanding any
law to the contrary, the relief association must pay the supplemental benefit out of its special
fund and the statewide deleted text beginlump-sumdeleted text end volunteer firefighter plan must pay the supplemental
benefit out of the statewide deleted text beginlump-sumdeleted text end volunteer firefighter plan. This benefit is an amount
equal to ten percent of the regular lump-sum distribution that is paid on the basis of the
recipient's service as a volunteer firefighter. In no case may the amount of the supplemental
benefit exceed $1,000. A supplemental benefit under this paragraph may not be paid to a
survivor of a deceased active or deferred volunteer firefighter in that capacity.

(b) Upon the payment by a relief association or the retirement plan of a lump-sum
survivor benefit to a survivor of a deceased active volunteer firefighter or of a deceased
deferred volunteer firefighter, the association or retirement plan, as applicable, must pay a
supplemental survivor benefit to the survivor of the deceased active or deferred volunteer
firefighter from the special fund of the relief association and the retirement plan must pay
a supplemental survivor benefit to the survivor of the deceased active or deferred volunteer
firefighter from the retirement fund if chapter 353G so provides. The amount of the
supplemental survivor benefit is 20 percent of the survivor benefit, but not to exceed $2,000.

(c) For purposes of this section, the term "regular lump-sum distribution" means the
pretax lump-sum distribution excluding any interest that may have been credited during a
volunteer firefighter's period of deferral.

(d) An individual may receive a supplemental benefit under paragraph (a) or under
paragraph (b), but not under both paragraphs with respect to one lump-sum volunteer
firefighter benefit.

Sec. 19.

Minnesota Statutes 2020, section 424A.10, subdivision 3, is amended to read:


Subd. 3.

State reimbursement.

(a) Each year, to be eligible for state reimbursement of
the amount of supplemental benefits paid under subdivision 2 during the preceding calendar
year, the volunteer firefighters relief association or the statewide deleted text beginlump-sumdeleted text end volunteer
firefighter plan shall apply to the commissioner of revenue by February 15. By March 15,
the commissioner shall reimburse the relief association for the amount of the supplemental
benefits paid by the relief association to qualified recipients and to survivors of deceased
active or deferred volunteer firefighters.

(b) The commissioner of revenue shall prescribe the form of and supporting information
that must be supplied as part of the application for state reimbursement. The commissioner
of revenue shall reimburse the relief association by paying the reimbursement amount to
the treasurer of the municipality where the association is located and shall reimburse the
retirement plan by paying the reimbursement amount to the executive director of the Public
Employees Retirement Association. Within 30 days after receipt, the municipal treasurer
shall transmit the state reimbursement to the treasurer of the association if the association
has filed a financial report with the municipality. If the relief association has not filed a
financial report with the municipality, the municipal treasurer shall delay transmission of
the reimbursement payment to the association until the complete financial report is filed.
If the association has dissolved or has been removed as a trustee of state aid, the treasurer
shall deposit the money in a special account in the municipal treasury, and the money may
be disbursed only for the purposes and in the manner provided in section 424A.08. When
paid to the association, the reimbursement payment must be deposited in the special fund
of the relief association and when paid to the retirement plan, the reimbursement payment
must be deposited in the retirement fund of the plan.

(c) A sum sufficient to make the payments is appropriated from the general fund to the
commissioner of revenue.

Sec. 20.

Minnesota Statutes 2021 Supplement, section 424B.13, subdivision 5, is amended
to read:


Subd. 5.

Determination of value of pension benefits and distribution to retirees in
pay status.

(a) The board of trustees shall determine the present value of each participant's
accrued benefit, taking into account the full vesting requirement under subdivision 2 and
any increase in the lump-sum benefit or monthly pension amount approved under subdivision
4:

(1) using the method set forth in section 424A.092, subdivision 2, for determining a
plan's funded status by calculating the value of each participant's accrued benefit; or

(2) as determined by an actuary retained by the relief association, who meets the definition
of approved actuary under section 356.215, subdivision 1, paragraph (c).

(b) If the retirement plan pays a monthly pension, the board of trustees deleted text beginshalldeleted text endnew text begin mustnew text end
determine the present value of the remaining payments to any retiree in pay status or
beneficiary who is receiving an annuity. Present value deleted text beginshalldeleted text endnew text begin mustnew text end be determined by an
actuary who meets the definition of approved actuary under section 356.215, subdivision
1
, paragraph (c), retained by the relief association. new text beginAt the discretion of the relief association,
new text end the relief association deleted text beginshall offerdeleted text endnew text begin must providenew text end the retiree in pay status or beneficiary receiving
the annuitynew text begin eithernew text end:

(1) an immediate lump-sum distribution of an amount equal to the present value of the
remaining payments as determined by the actuary and permit the retiree in pay status or
beneficiary to elect a lump-sum payment or a direct rollover of the amount to an eligible
retirement plan as permitted under section 356.635, subdivisions 3 to 7, if the distribution
is an eligible rollover distribution as defined in section 356.635, subdivisions 4 and 5; or

(2) continued payments in the same monthly amount under an annuity to be purchased
by the board of trustees from a reputable insurance company licensed to do business in the
state.

Sec. 21.

Minnesota Statutes 2021 Supplement, section 424B.13, subdivision 8, is amended
to read:


Subd. 8.

Notice to participants.

The board of trustees shall provide notice to all
participants at least 90 days before the conversion effective date. The notice shall include:

(1) an explanation that the plan is converting from a defined benefit plan to a defined
contribution plan and provide definitions for those terms, the reasons for the conversion,
the conversion effective date, and the procedure to be followed, including fully vesting all
participants;

(2) a summary of the terms of the newly adopted defined contribution plan;

(3) information about any increase in the benefit level and whether the increase applies
to all participants or only active members;

(4) a section tailored to each participant that provides an estimate of the present value
of the participant's fully vested accrued benefit and the calculation that resulted in that value;

(5) an estimate of any anticipated surplus and an explanation of the disposition of the
surplus, including, as applicable, a description of the method new text beginfor new text endallocating the surplus
among participants' accounts and whether the municipality, each municipality, if more than
one municipality operates the fire department pursuant to a joint powers agreement, or
firefighting corporation will receive any of the surplus and any conditions on its use; and

(6) contact information for one or more members of the board of trustees who will answer
questions and provide a copy of the new defined contribution plan document or a summary,
if requested, or directions to a website for viewing and printing the plan document or
summary.

Sec. 22. new text beginEFFECTIVE DATE.
new text end

new text begin (a) Sections 1 to 10 and 13 to 21 are effective the day following final enactment.
new text end

new text begin (b) Section 11 is effective July 1, 2024, except the amendments to paragraphs (f) and
(g) are effective the day following final enactment.
new text end

new text begin (c) Section 12 is effective January 1, 2023.
new text end

APPENDIX

Repealed Minnesota Statutes: S3540-3

353G.09 RETIREMENT BENEFIT ELIGIBILITY.

Subd. 3.

Alternative lump-sum pension eligibility and computation.

(a) An active member of the lump-sum retirement division of the retirement plan is entitled to an alternative lump-sum service pension from the retirement plan if the person:

(1) has separated from active service with the fire department for at least 30 days;

(2) has attained the age of at least 50 years or the age for receipt of a service pension under the benefit plan of the applicable former volunteer firefighter relief association as of the date immediately before the election of the retirement coverage change, whichever is later;

(3) has completed at least five years of active service with the fire department and at least five years in total as a member of the applicable former volunteer firefighter relief association or of the lump-sum retirement division of the retirement plan, but has not rendered at least five years of good time service credit as a member of the lump-sum retirement division of the plan; and

(4) applies in a manner prescribed by the executive director for the service pension.

(b) If retirement coverage before statewide retirement plan coverage was provided to an active member by a defined benefit relief association, as defined in section 424A.001, subdivision 1b, the alternative lump-sum service pension is:

(1) the service pension level specified in the bylaws of the applicable former volunteer firefighter relief association as of the date immediately before the election of the retirement coverage change; multiplied by

(2) either full years of service or years and months of service, as specified in the bylaws, as a member of that volunteer firefighter relief association and as a member of the retirement plan; multiplied by

(3) the nonforfeitable percentage of the service pension to which the member is entitled under subdivision 2.

(c) If retirement coverage before statewide retirement plan coverage was provided to an active member by a defined contribution relief association, as defined in section 424A.001, subdivision 1c, the alternative lump-sum service pension is:

(1) the person's account balance as of the date immediately before the election of the retirement coverage change; multiplied by

(2) the nonforfeitable percentage of the account balance to which the person is entitled under subdivision 2; plus

(3) six percent annual compound interest from the date immediately before the election of the retirement coverage change until the date immediately before the date of retirement.

424A.02 DEFINED BENEFIT RELIEF ASSOCIATIONS; SERVICE PENSIONS.

Subd. 2a.

Average amount of available financing.

(a) Annually on or before August 1 as part of the certification of the financial requirements and minimum municipal obligation determined under section 424A.092, subdivision 4, or 424A.093, subdivision 5, as applicable, the secretary or some other official of the relief association designated in the bylaws of each defined benefit relief association shall calculate and certify to the governing body of the applicable municipality the average amount of available financing per active covered firefighter for the most recent three-year period.

The amount of available financing includes any amounts of fire state aid and police and firefighter retirement supplemental state aid received or receivable by the relief association, any amounts of municipal contributions to the relief association raised from levies on real estate or from other available revenue sources exclusive of fire state aid, and one-tenth of the amount of assets in excess of the accrued liabilities of the relief association calculated under section 424A.092, subdivision 2; 424A.093, subdivisions 2 and 4; or 424A.094, subdivision 2, if any.

(b) The maximum service pension which the defined benefit relief association has authority to provide for in its bylaws for payment to a member retiring after the calculation date when the minimum age and service requirements specified in subdivision 1 are met must be determined using the table in subdivision 2b or 2c, whichever applies.

Subd. 2b.

Maximum monthly amount.

For a defined benefit relief association where the governing bylaws provide for a monthly service pension to a retiring member, the maximum monthly service pension amount per month for each year of service credited that may be provided for in the bylaws is the greater of the service pension amount provided for in the bylaws on the date of the calculation of the average amount of the available financing per active covered firefighter or the maximum service pension figure corresponding to the average amount of available financing per active covered firefighter:

Minimum Average Amount of AvailableFinancing per Firefighter Maximum Service Pension Amount Payable per Month for Each Year of Service
$ ... $ .25
41 .50
81 1.00
122 1.50
162 2.00
203 2.50
243 3.00
284 3.50
324 4.00
365 4.50
405 5.00
486 6.00
567 7.00
648 8.00
729 9.00
810 10.00
891 11.00
972 12.00
1053 13.00
1134 14.00
1215 15.00
1296 16.00
1377 17.00
1458 18.00
1539 19.00
1620 20.00
1701 21.00
1782 22.00
1823 22.50
1863 23.00
1944 24.00
2025 25.00
2106 26.00
2187 27.00
2268 28.00
2349 29.00
2430 30.00
2511 31.00
2592 32.00
2673 33.00
2754 34.00
2834 35.00
2916 36.00
2997 37.00
3078 38.00
3159 39.00
3240 40.00
3321 41.00
3402 42.00
3483 43.00
3564 44.00
3645 45.00
3726 46.00
3807 47.00
3888 48.00
3969 49.00
4050 50.00
4131 51.00
4212 52.00
4293 53.00
4374 54.00
4455 55.00
4536 56.00
4617 57.00
4698 58.00
4779 59.00
4860 60.00
4941 61.00
5022 62.00
5103 63.00
5184 64.00
5265 65.00
5346 66.00
5427 67.00
5508 68.00
5589 69.00
5670 70.00
5751 71.00
5832 72.00
5913 73.00
5994 74.00
6075 75.00
6156 76.00
6237 77.00
6318 78.00
6399 79.00
6480 80.00
6561 81.00
6642 82.00
6723 83.00
6804 84.00
6885 85.00
6966 86.00
7047 87.00
7128 88.00
7209 89.00
7290 90.00
7371 91.00
7452 92.00
7533 93.00
7614 94.00
7695 95.00
7776 96.00
7857 97.00
7938 98.00
8019 99.00
8100 100.00
any amount in excess of
8100 100.00

Subd. 2c.

Maximum lump-sum amount.

For a defined benefit relief association in which the governing bylaws provide for a lump-sum service pension to a retiring member, the maximum lump-sum service pension amount for each year of service credited that may be provided for in the bylaws is the greater of the service pension amount provided for in the bylaws on the date of the calculation of the average amount of the available financing per active covered firefighter or the maximum service pension figure corresponding to the average amount of available financing per active covered firefighter for the applicable specified period:

Minimum Average Amount of AvailableFinancing per Firefighter Maximum Lump-Sum Service Pension Amount Payable for Each Year of Service
$ ... $ 10
11 20
16 30
23 40
27 50
32 60
43 80
54 100
65 120
77 140
86 160
97 180
108 200
131 240
151 280
173 320
194 360
216 400
239 440
259 480
281 520
302 560
324 600
347 640
367 680
389 720
410 760
432 800
486 900
540 1000
594 1100
648 1200
702 1300
756 1400
810 1500
864 1600
918 1700
972 1800
1026 1900
1080 2000
1134 2100
1188 2200
1242 2300
1296 2400
1350 2500
1404 2600
1458 2700
1512 2800
1566 2900
1620 3000
1672 3100
1726 3200
1753 3250
1780 3300
1820 3375
1834 3400
1888 3500
1942 3600
1996 3700
2023 3750
2050 3800
2104 3900
2158 4000
2212 4100
2265 4200
2319 4300
2373 4400
2427 4500
2481 4600
2535 4700
2589 4800
2643 4900
2697 5000
2751 5100
2805 5200
2859 5300
2913 5400
2967 5500
3021 5600
3075 5700
3129 5800
3183 5900
3237 6000
3291 6100
3345 6200
3399 6300
3453 6400
3507 6500
3561 6600
3615 6700
3669 6800
3723 6900
3777 7000
3831 7100
3885 7200
3939 7300
3993 7400
4047 7500
4101 7600
4155 7700
4209 7800
4263 7900
4317 8000
4371 8100
4425 8200
4479 8300
4533 8400
4587 8500
4641 8600
4695 8700
4749 8800
4803 8900
4857 9000
4911 9100
4965 9200
5019 9300
5073 9400
5127 9500
5181 9600
5235 9700
5289 9800
5343 9900
5397 10,000
5451 10,100
5505 10,200
5559 10,300
5613 10,400
5667 10,500
5721 10,600
5775 10,700
5829 10,800
5883 10,900
5937 11,000
5991 11,100
6045 11,200
6099 11,300
6153 11,400
6207 11,500
6261 11,600
6315 11,700
6369 11,800
6423 11,900
6477 12,000
6531 12,100
6585 12,200
6639 12,300
6693 12,400
6747 12,500
6801 12,600
6855 12,700
6909 12,800
6963 12,900
7017 13,000
7071 13,100
7125 13,200
7179 13,300
7233 13,400
7287 13,500
7341 13,600
7395 13,700
7449 13,800
7503 13,900
7557 14,000
7611 14,100
7665 14,200
7719 14,300
7773 14,400
7827 14,500
7881 14,600
7935 14,700
7989 14,800
8043 14,900
8097 15,000
any amount in excess of
8097 15,000