SF 413

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/10/2023 03:59pm

A bill for an act
relating to retirement; establishing the Minnesota Secure Choice retirement
program; proposing coding for new law as Minnesota Statutes, chapter 187.

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

Section 1.

new text begin [187.01] MINNESOTA SECURE CHOICE RETIREMENT PROGRAM;
CITATION.
new text end

new text begin This chapter shall be known as and may be cited as the "Minnesota Secure Choice
Retirement Program Act."
new text end

Sec. 2.

new text begin [187.02] STATEMENT OF PURPOSE.
new text end

new text begin The state of Minnesota creates and establishes a public-private partnership model known
as the "Minnesota Secure Choice retirement program" for privately employed workers to
save for retirement for the following reasons:
new text end

new text begin (1) for millions of Americans, including hundreds of thousands of Minnesotans, a secure
retirement is not attainable, with the median retirement account balance being $3,000 for
all working-age households and $12,000 for near-retirement-age households;
new text end

new text begin (2) Americans who do not have access to a retirement savings plan through their
workplace are more likely to rely on Social Security as their only source of retirement
income;
new text end

new text begin (3) in Minnesota, the average monthly Social Security benefit is $1,600, with nearly 14
percent of seniors relying on Social Security for 90 percent of their income;
new text end

new text begin (4) increased retirement savings can save Minnesota taxpayers an estimated $258,000,000
over a span of ten years in Medicaid savings alone; and
new text end

new text begin (5) research has shown that offering workers a way to save through their job increases
their ability to save dramatically and promotes individual responsibility and financial
freedom.
new text end

Sec. 3.

new text begin [187.03] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin For purposes of this chapter, the terms defined in this
section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Board. new text end

new text begin "Board" means the board of directors of the program.
new text end

new text begin Subd. 3. new text end

new text begin Compensation. new text end

new text begin "Compensation" means compensation within the meaning of
Section 219(f)(1) of the Internal Revenue Code that is received by a covered employee from
a covered employer.
new text end

new text begin Subd. 4. new text end

new text begin Contribution rate. new text end

new text begin "Contribution rate" means the percentage of compensation
withheld from a covered employee's compensation and deposited in an account established
for the covered employee under the program.
new text end

new text begin Subd. 5. new text end

new text begin Covered employee. new text end

new text begin (a) "Covered employee" means a person who is employed
by a covered employer and who satisfies any other criteria established by the board.
new text end

new text begin (b) Covered employee does not include:
new text end

new text begin (1) a person who, on December 31 of the preceding calendar year, was younger than 18
years of age;
new text end

new text begin (2) a person covered under the federal Railway Labor Act, as amended, United States
Code, title 45, sections 151 et seq.;
new text end

new text begin (3) a person on whose behalf an employer makes contributions to a Taft-Hartley
multiemployer pension trust fund; or
new text end

new text begin (4) a person employed by the government of the United States, another country, the state
of Minnesota, another state, or any subdivision thereof.
new text end

new text begin Subd. 6. new text end

new text begin Covered employer. new text end

new text begin (a) "Covered employer" means a person or entity:
new text end

new text begin (1) engaged in a business, industry, profession, trade, or other enterprise in Minnesota,
whether for profit or not for profit;
new text end

new text begin (2) that employs one or more covered employees; and
new text end

new text begin (3) that does not sponsor or contribute to and did not in the immediately preceding 12
months sponsor or contribute to a retirement savings plan for its employees.
new text end

new text begin (b) Covered employer does not include:
new text end

new text begin (1) an employer that has not engaged in a business, industry, profession, trade, or other
enterprise in Minnesota, whether for profit or not for profit, at any time during the
immediately preceding 12 months; and
new text end

new text begin (2) a state or federal government or any political subdivision thereof.
new text end

new text begin Subd. 7. new text end

new text begin Executive director. new text end

new text begin "Executive director" means the chief executive and
administrative head of the program.
new text end

new text begin Subd. 8. new text end

new text begin Internal Revenue Code. new text end

new text begin "Internal Revenue Code" means the Internal Revenue
Code of 1986, as amended, United States Code, title 26.
new text end

new text begin Subd. 9. new text end

new text begin Program. new text end

new text begin "Program" means the Minnesota Secure Choice retirement program.
new text end

new text begin Subd. 10. new text end

new text begin Retirement savings plan. new text end

new text begin "Retirement savings plan" means a plan or program
offered by an employer that permits contributions to be set aside for retirement on a pre-tax
or after-tax basis and permits all employees of the employer to participate except those
employees who have not satisfied participation eligibility requirements that are no more
restrictive than the eligibility requirements permitted under section 410(b) of the Internal
Revenue Code. Retirement savings plan includes but is not limited to a plan described in
section 401(a) of the Internal Revenue Code, an annuity plan or annuity contract described
in section 403(a) or 403(b) of the Internal Revenue Code, a plan within the meaning of
section 457(b) of the Internal Revenue Code, a simplified employee pension (SEP) plan, a
savings incentive match plan for employees (SIMPLE) plan, an automatic enrollment payroll
deduction individual retirement account, and a multiemployer pension plan described in
section 414(f) of the Internal Revenue Code.
new text end

new text begin Subd. 11. new text end

new text begin Secure Choice administrative fund. new text end

new text begin "Secure Choice administrative fund"
or "administrative fund" means the fund established under section 187.06, subdivision 2.
new text end

new text begin Subd. 12. new text end

new text begin Secure Choice trust or trust. new text end

new text begin "Secure Choice trust" or "trust" means a trust
established under section 187.06, subdivision 1, to hold contributions and investment earnings
thereon under the program.
new text end

new text begin Subd. 13. new text end

new text begin Roth IRA. new text end

new text begin "Roth IRA" means an individual retirement account established
under section 408A of the Internal Revenue Code to hold and invest after-tax assets.
new text end

new text begin Subd. 14. new text end

new text begin Traditional IRA. new text end

new text begin "Traditional IRA" means an individual retirement account
established under section 408 of the Internal Revenue Code to hold and invest pre-tax assets.
new text end

Sec. 4.

new text begin [187.05] SECURE CHOICE RETIREMENT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Program established. new text end

new text begin (a) No later than October 1, 2024, the board must
begin operation of an employee retirement savings program whereby employee payroll
deduction contributions are transmitted on an after-tax or pre-tax basis by covered employers
to individual retirement accounts established under the program.
new text end

new text begin (b) The board must establish procedures for opening a Roth IRA, a traditional IRA, or
both a Roth IRA and a traditional IRA for each covered employee whose covered employer
transmits employee payroll deduction contributions under the program.
new text end

new text begin (c) Contributions must be made on an after-tax (Roth) basis, unless the covered employee
elects to contribute on a pre-tax basis.
new text end

new text begin (d) The board may open the program in phases, but the last phase must be opened no
later than two years after the opening of the first phase.
new text end

new text begin Subd. 2. new text end

new text begin Compliance with Internal Revenue Code. new text end

new text begin Each Roth IRA and traditional
IRA opened under the program must be established and administered in compliance with
section 408A or 408 of the Internal Revenue Code, as applicable, for the benefit of the
covered employee for whom the account was opened.
new text end

new text begin Subd. 3. new text end

new text begin Contributions held in trust. new text end

new text begin Employee payroll deduction contributions must
be transmitted by each covered employer to an account established for the benefit of the
covered employee in a trust established to hold contributions under the program.
new text end

new text begin Subd. 4. new text end

new text begin Contribution rate. new text end

new text begin The board must establish default, minimum, and maximum
contribution rates and an auto-escalation schedule whereby each covered employee's
contribution rate automatically increases from year to year until it reaches a maximum
contribution rate, subject to the covered employee's election to change the contribution rate
or opt out or cease contributions.
new text end

new text begin Subd. 5. new text end

new text begin Vesting. new text end

new text begin Covered employees must at all times be 100 percent vested in their
accounts.
new text end

new text begin Subd. 6. new text end

new text begin Withdrawals and distributions. new text end

new text begin The board must establish alternatives
permitting covered employees to take a withdrawal of all or a portion of the covered
employee's account while employed and one or more distributions following termination
of employment. Distribution alternatives must include lifetime income options.
new text end

new text begin Subd. 7. new text end

new text begin Individuals not employed by a covered employer. new text end

new text begin The board may allow
individuals to open and contribute to an account in the program outside of an employment
relationship with a covered employer, in which case the individual shall be considered a
covered employee for purposes of sections 187.05 to 187.12.
new text end

Sec. 5.

new text begin [187.06] ESTABLISHMENT OF SECURE CHOICE TRUST AND
ADMINISTRATIVE FUND; EMPLOYEE ACCOUNTS; INVESTMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Secure Choice trust established. new text end

new text begin The Secure Choice trust is established
as an instrumentality of the state of Minnesota to hold employee payroll deduction
contributions and earnings thereon. The board must appoint a financial institution to act as
trustee or custodian. Trust assets must be managed and administered for the exclusive
purposes of providing benefits and defraying reasonable expenses of administering the
program.
new text end

new text begin Subd. 2. new text end

new text begin Secure Choice administrative fund established. new text end

new text begin (a) The Secure Choice
administrative fund is established in the state treasury as a fund separate and apart from the
Secure Choice trust.
new text end

new text begin (b) The board must use money in the administrative fund to pay for administrative
expenses of administering the program. The board must determine which administrative
expenses will be paid using money in the administrative fund and which will be paid using
money in the trust in the exercise of its fiduciary duty.
new text end

new text begin (c) The administrative fund may receive any gifts, grants, donations, loans, appropriations,
or other moneys designated for the administrative fund from the state of Minnesota, any
unit of federal or local government, any other entity, or any person.
new text end

new text begin (d) Any interest or investment earnings that are attributable to money in the administrative
fund must be deposited into the administrative fund.
new text end

new text begin Subd. 3. new text end

new text begin Individual accounts established. new text end

new text begin The trustee or custodian, as applicable, must
maintain an account for employee payroll deduction contributions with respect to each
covered employee. Interest, earnings, and losses shall be allocated to accounts as prescribed
by the board.
new text end

new text begin Subd. 4. new text end

new text begin Investments. new text end

new text begin Each covered employee is entitled to direct the investment of the
contributions credited to the covered employee's account in the trust and earnings thereon.
The board must make available for investment a diversified array of investment funds
selected by the State Board of Investment. Members of the board, the executive director of
the State Board of Investment, and all other fiduciaries are relieved of fiduciary responsibility
for investment losses resulting from a covered employee's investment directions.
new text end

new text begin Subd. 5. new text end

new text begin Default investment fund. new text end

new text begin The board must designate a default investment fund
that is diversified to minimize the risk of large losses and consists of target date funds, a
balanced fund, a capital preservation fund, or any combination of the foregoing funds.
Accounts for which no investment direction has been given by the covered employee must
be invested in the default investment fund. Members of the board, the executive director of
the State Board of Investment, and all other fiduciaries are relieved of fiduciary duty with
regard to investment of assets in the default investment fund.
new text end

new text begin Subd. 6. new text end

new text begin Inalienability of accounts. new text end

new text begin No account under the program is subject to
assignment or alienation, either voluntarily or involuntarily, or to the claims of creditors,
except as provided in section 518.58.
new text end

new text begin Subd. 7. new text end

new text begin Accounts not property of the state of Minnesota or covered employers. new text end

new text begin The
assets of the Secure Choice trust shall at all times be preserved, invested, and expended
solely for the purposes of the trust and no property rights therein shall exist in favor of the
state of Minnesota or any covered employer. The assets of the Secure Choice trust shall not
be transferred or used by the state of Minnesota for any purpose other than the purposes of
the trust, including reasonable administrative expenses of the program. Amounts deposited
in the trust shall not constitute property of the state of Minnesota and shall not be commingled
with state funds, and the state of Minnesota shall have no claim to or against, or interest in,
the assets of the Secure Choice trust.
new text end

Sec. 6.

new text begin [187.07] RESPONSIBILITIES OF COVERED EMPLOYERS.
new text end

new text begin Subdivision 1. new text end

new text begin Requirement to enroll employees. new text end

new text begin Each covered employer must enroll
its covered employees in the program and withhold payroll deduction contributions from
each covered employee's paycheck, unless the covered employee has elected not to contribute.
The board must establish penalties for covered employers for failing to enroll covered
employees.
new text end

new text begin Subd. 2. new text end

new text begin Remitting contributions. new text end

new text begin A covered employer must timely remit contributions
as required by the board. The board must establish penalties for covered employers for
failing to timely remit contributions.
new text end

new text begin Subd. 3. new text end

new text begin Distribution of information. new text end

new text begin Covered employers must provide information
prepared by the board to all covered employees regarding the program. The information
must be provided to each covered employee at least 30 days prior to the date of the first
paycheck from which employee contributions could be deducted for transmittal to the
program, if the covered employee does not elect to opt out of the program.
new text end

new text begin Subd. 4. new text end

new text begin No fiduciary responsibility. new text end

new text begin Except for the responsibilities described in
subdivisions 1 to 3, a covered employer has no obligations to covered employees and is not
a fiduciary for any purpose under the program or in connection with the Secure Choice
trust. Covered employers do not bear responsibility for the administration, investment
performance, plan design, or benefits paid to covered employees.
new text end

new text begin Subd. 5. new text end

new text begin Employer liability. new text end

new text begin A covered employer is not liable to a covered employee
for damages alleged to have resulted from a covered employee's participation in or failure
to participate in the program.
new text end

new text begin Subd. 6. new text end

new text begin Enforcement. new text end

new text begin The Minnesota attorney general has the power to enforce the
provisions of this chapter. The attorney general may impose, after due process, monthly or
quarterly penalties as established by the board against any covered employer that fails to
comply with this section. Proceeds of such penalties, after deducting enforcement expenses,
must be deposited in the Secure Choice administrative fund and are appropriated to the
program.
new text end

Sec. 7.

new text begin [187.08] SECURE CHOICE RETIREMENT PROGRAM BOARD OF
DIRECTORS.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin The policy-making function of the program is vested in a
board of directors consisting of seven members as follows:
new text end

new text begin (1) the executive director of the Minnesota State Retirement System or the executive
director's designee;
new text end

new text begin (2) the executive director of the State Board of Investment or the executive director's
designee;
new text end

new text begin (3) three members chosen by the Legislative Commission on Pensions and Retirement,
one from each of the following experience categories:
new text end

new text begin (i) executive or operations manager with substantial experience in record keeping 401(k)
plans;
new text end

new text begin (ii) executive or operations manager with substantial experience in individual retirement
accounts; and
new text end

new text begin (iii) executive or other professional with substantial experience in retirement plan
investments;
new text end

new text begin (4) a human resources or retirement benefits executive from a private company with
substantial experience in administering the company's 401(k) plan, appointed by the governor;
and
new text end

new text begin (5) a small business owner or executive appointed by the governor.
new text end

new text begin Subd. 2. new text end

new text begin Appointment. new text end

new text begin Members appointed by the governor must be appointed as
provided in section 15.0597.
new text end

new text begin Subd. 3. new text end

new text begin Deadline for first appointments and first board meeting. new text end

new text begin (a) The appointing
authorities must make their first appointments to the board by January 15, 2024.
new text end

new text begin (b) The board must hold its first meeting by March 1, 2024.
new text end

new text begin Subd. 4. new text end

new text begin Membership terms. new text end

new text begin (a) Board members serve for two-year terms, except for
the executive directors of the Minnesota State Retirement System and the State Board of
Investment, who serve indefinitely.
new text end

new text begin (b) Board members' terms may be renewed, but no member may serve more than two
consecutive terms.
new text end

new text begin Subd. 5. new text end

new text begin Resignation; removal; vacancies. new text end

new text begin (a) A board member may resign at any time
by giving written notice to the board.
new text end

new text begin (b) A board member may be removed by the appointing authority and a majority vote
of the board following notice and hearing before the board. For purposes of this subdivision,
the chair may invite the appointing authority or a designee of the appointing authority to
serve as a voting member of the board if necessary to constitute a quorum.
new text end

new text begin (c) If a vacancy occurs, the Legislative Commission on Pensions and Retirement or the
governor, as applicable, shall appoint a new member within 90 days.
new text end

new text begin Subd. 6. new text end

new text begin Compensation. new text end

new text begin Public members are compensated and expenses reimbursed as
provided under section 15.0575, subdivision 3.
new text end

new text begin Subd. 7. new text end

new text begin Chair. new text end

new text begin (a) The Legislative Commission on Pensions and Retirement must
designate one of the members of the board as acting chair for the first meeting.
new text end

new text begin (b) The board shall select a chair to replace the acting chair at the first meeting.
new text end

new text begin Subd. 8. new text end

new text begin Duties. new text end

new text begin In addition to the duties set forth elsewhere in this chapter, the board
has the following duties:
new text end

new text begin (1) to appoint an executive director, determine the duties of the executive director, and
set the compensation of the executive director;
new text end

new text begin (2) to establish secure processes for enrolling covered employees in the program and
for transmitting employee and employer contributions to accounts within the trust;
new text end

new text begin (3) to prepare a budget and establish procedures for the payment of costs of administering
and operating the program;
new text end

new text begin (4) to lease or otherwise procure office space and equipment necessary to operate the
program;
new text end

new text begin (5) to procure insurance in connection with the property of the program and the activities
of the board, executive director, and other staff;
new text end

new text begin (6) to determine the following:
new text end

new text begin (i) any criteria for "covered employee" other than employment with a covered employer
under section 187.03, subdivision 5;
new text end

new text begin (ii) contribution rates and an auto-escalation schedule under section 187.05, subdivision
4;
new text end

new text begin (iii) withdrawal and distribution options under section 187.05, subdivision 6;
new text end

new text begin (iv) the default investment fund under section 187.06, subdivision 5; and
new text end

new text begin (v) penalties for failure to timely transmit contributions and for failure to enroll covered
employees under section 187.07, subdivisions 1 and 2, respectively;
new text end

new text begin (7) to keep annual administrative fees, costs, and expenses as low as possible:
new text end

new text begin (i) except that any administrative fee assessed against the accounts of covered employees
may not exceed a reasonable amount relative to the fees charged by auto-IRA or defined
contribution programs of similar size in the state of Minnesota or another state; and
new text end

new text begin (ii) the fee may be asset-based, flat fee, or a hybrid combination of asset-based and flat
fee;
new text end

new text begin (8) to determine the eligibility of an employer, employee, or other individual to participate
in the program and review and decide claims for benefits and make factual determinations;
new text end

new text begin (9) to prepare information regarding the program that is clear and concise for
dissemination to all covered employees and includes the following:
new text end

new text begin (i) the benefits and risks associated with participating in the program;
new text end

new text begin (ii) procedures for enrolling in the program and opting out of the program, electing a
different or zero percent employee contribution rate, making investment elections, applying
for a distribution of employee accounts, and making a claim for benefits;
new text end

new text begin (iii) the federal and state income tax consequences of participating in the program, which
may consist of or include the disclosure statement required to be distributed by retirement
plan trustees or custodians under the Internal Revenue Code and the Treasury Regulations
thereunder;
new text end

new text begin (iv) how to obtain additional information on the program; and
new text end

new text begin (v) disclaimers of covered employer and state responsibility, including the following
statements:
new text end

new text begin (A) covered employees seeking financial, investment, or tax advice should contact their
own advisors;
new text end

new text begin (B) neither covered employers nor the state of Minnesota are liable for decisions covered
employees make regarding their account in the program;
new text end

new text begin (C) neither a covered employer nor the state of Minnesota guarantees the accounts in
the program or any particular investment rate of return; and
new text end

new text begin (D) neither a covered employer nor the state of Minnesota monitors or has an obligation
to monitor any covered employee's eligibility under the Internal Revenue Code to make
contributions to an account in the program, or whether the covered employee's contributions
to an account in the program exceed the maximum permissible contribution under the
Internal Revenue Code;
new text end

new text begin (10) to publish an annual financial report, prepared according to generally accepted
accounting principles, on the operations of the program, which must include but not be
limited to costs attributable to the use of outside consultants, independent contractors, and
other persons who are not state employees and deliver the report to the chairs and ranking
minority members of the legislative committees with jurisdiction over jobs and economic
development and state government finance, the executive directors of the State Board of
Investment and the Legislative Commission on Pensions and Retirement, and the Legislative
Reference Library;
new text end

new text begin (11) to publish an annual report regarding plan outcomes, progress toward savings goals
established by the board, statistics on covered employees and participating employers, plan
expenses, estimated impact of the program on social safety net programs, and penalties and
violations and deliver the report to the chairs and ranking minority members of the legislative
committees with jurisdiction over jobs and economic development and state government
finance, the executive directors of the State Board of Investment and the Legislative
Commission on Pensions and Retirement, and the Legislative Reference Library;
new text end

new text begin (12) to adopt rules to implement the program;
new text end

new text begin (13) to file all reports required under the Internal Revenue Code or chapter 290;
new text end

new text begin (14) to, at the board's discretion, seek and accept gifts, grants, and donations to be used
for the program, unless such gifts, grants, or donations would result in a conflict of interest
relating to the solicitation of service provider for program administration, and deposit such
gifts, grants, or donations in the Secure Choice administrative fund;
new text end

new text begin (15) to, at the board's discretion, seek and accept appropriations from the state of
Minnesota or loans from the state or any agency of the state;
new text end

new text begin (16) to assess the feasibility of partnering with another state or a governmental subdivision
of another state to administer the program through shared administrative resources and, if
determined beneficial, enter into contracts, agreements, memoranda of understanding, or
other arrangements with any other state or an agency or subdivision of any other state to
administer, operate, or manage any part of the program, which may include combining
resources, investments, or administrative functions;
new text end

new text begin (17) to hire, retain, and terminate third-party service providers as the board deems
necessary or desirable for the program, including but not limited to the trustees, consultants,
investment managers or advisors, custodians, insurance companies, recordkeepers,
administrators, consultants, actuaries, legal counsel, auditors, and other professionals,
provided that each service provider is authorized to do business in the state of Minnesota;
new text end

new text begin (18) to interpret the program's governing documents and this chapter and make all other
decisions necessary to administer the program; and
new text end

new text begin (19) to conduct comprehensive worker education and outreach regarding the program
that reflect the cultures and languages of the state's diverse workforce population, which
may, in the board's discretion, include collaboration with state and local government agencies,
community-based and nonprofit organizations, foundations, vendors, and other entities
deemed appropriate to develop and secure ongoing resources.
new text end

new text begin Subd. 9. new text end

new text begin Conflict of interest; economic interest statement. new text end

new text begin No member of the board
may participate in deliberations or vote on any matter before the board that will or is likely
to result in direct, measurable economic gain to the member or the member's family. Members
of the board shall file with the Campaign Finance and Public Disclosure Board an economic
interest statement in a manner as prescribed by section 10A.09, subdivisions 5 and 6.
new text end

Sec. 8.

new text begin [187.09] FIDUCIARY DUTY; STANDARD OF CARE.
new text end

new text begin (a) The members of the board, the executive director of the program, the executive
director and members of the State Board of Investment, and any person who controls the
disposition or investment of the assets of the Secure Choice trust:
new text end

new text begin (1) owe a fiduciary duty to the covered employees who participate in the program and
their beneficiaries;
new text end

new text begin (2) must administer the program solely for the exclusive benefit of such covered
employees and their beneficiaries, and for the exclusive purpose of providing benefits and
paying reasonable plan expenses;
new text end

new text begin (3) are subject to the standard of care established in section 356A.04, subdivision 2; and
new text end

new text begin (4) are indemnified and held harmless by the state of Minnesota for the reasonable costs,
expenses, or liability incurred as a result of any actual or threatened litigation or
administrative proceeding arising out of the performance of the person's duties.
new text end

new text begin (b) Except as otherwise established in this chapter, the fiduciaries under paragraph (a)
owe no other duty to covered employees, express or implied, in common law or otherwise.
new text end

Sec. 9.

new text begin [187.10] NO STATE LIABILITY.
new text end

new text begin The state of Minnesota has no liability for the payment of, the amount of, or losses to
any benefit to any participant in the program.
new text end

Sec. 10.

new text begin [187.11] OTHER STATE AGENCIES TO PROVIDE ASSISTANCE.
new text end

new text begin (a) The board may enter into intergovernmental agreements with the commissioner of
revenue, the commissioner of labor and industry, and any other state agency that the board
deems necessary or appropriate to provide outreach, technical assistance, or compliance
services. Any agency that enters into an intergovernmental agreement with the board pursuant
to this section must collaborate and cooperate with the board to provide the outreach,
technical assistance, or compliance services under any such agreement.
new text end

new text begin (b) The commissioner of revenue, the commissioner of labor and industry, and any other
state agency must provide information and data on employees, employers, and corporations
doing business in the state of Minnesota, upon the request of the board or executive director.
The state agency providing the information or data may require that the board or executive
director comply with confidentiality requirements as a condition to providing such
information or data.
new text end

new text begin (c) The commissioner of administration must provide an office suite in the Capitol group
of buildings in which will reside the executive director and staff of the program.
new text end

Sec. 11.

new text begin [187.12] SEVERABILITY.
new text end

new text begin If any provision of this chapter is found to be unconstitutional and void, the remaining
provisions of this chapter are valid.
new text end

Sec. 12. new text begin BOARD SUPPORT UNTIL APPOINTMENT OF EXECUTIVE DIRECTOR.
new text end

new text begin With the assistance of the Legislative Coordinating Commission, the executive director
of the Legislative Commission on Pensions and Retirement must:
new text end

new text begin (1) provide notice to members of the board regarding the first meeting of the board and
work with the chair designated under Minnesota Statutes, section 187.08, subdivision 7, to
determine the agenda and provide meeting support; and
new text end

new text begin (2) serve as the interim executive director to assist the board until the board completes
the search, recruitment, and interview process and appoints the executive director under
Minnesota Statutes, section 187.08, subdivision 8, clause (1).
new text end

Sec. 13. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the general
fund to the Secure Choice administrative fund for the purpose of establishing and
administering the Secure Choice retirement program.
new text end

Sec. 14. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 5 and 7 to 13 are effective the day following final enactment. Section 6 is
effective the day after the Secure Choice retirement program board of directors opens the
Secure Choice retirement savings program for enrollment of covered employees.
new text end