Minnesota Office of the Revisor of Statutes

Accessibility menu

Bills use visual text formatting such as stricken text to denote deleted language, and underlined text to denote new language. For users of the jaws screenreader it is recommended to configure jaws to use the proofreading scheme which will alter the pitch of the reading voice when reading stricken and underlined text. Instructions for configuring your jaws reader are provided by following this link.
If you can not or do not wish to configure your screen reader, deleted language will begin with the phrase "deleted text begin" and be followed by the phrase "deleted text end", new language will begin with the phrase "new text begin" and be followed by "new text end". Skip to text of SF 191.

Menu

Revisor of Statutes Menu

SF 191

4th Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:11am

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

Pdf

Version List Authors and Status

A bill for an act
relating to retirement; various retirement plans; making various statutory changes
needed to accommodate the dissolution of the Minnesota Post Retirement
Investment Fund; redefining the value of pension plan assets for actuarial
reporting purposes; revising various disability benefit provisions of the general
state employees retirement plan, the correctional state employees retirement
plan, and the State Patrol retirement plan; making various administrative
provision changes; establishing a voluntary statewide lump-sum volunteer
firefighter retirement plan administered by the Public Employees Retirement
Association; revising various volunteer firefighters' relief association provisions;
correcting 2008 drafting errors related to the Minneapolis Employees Retirement
Fund and other drafting errors; granting special retirement benefit authority in
certain cases; revising the special transportation pilots retirement plan of the
Minnesota State Retirement System; expanding the membership of the state
correctional employees retirement plan; extending the amortization target date
for the Fairmont Police Relief Association; modifying the number of board of
trustees members of the Minneapolis Firefighters Relief Association; modifying
amortization state aid and supplemental amortization state aid; permitting the
Brimson Volunteer Firefighters' Relief Association to implement a different board
of trustees composition; permitting employees of the Minneapolis Firefighters
Relief Association and the Minneapolis Police Relief Association to become
members of the general employee retirement plan of the Public Employees
Retirement Association; creating a two-year demonstration postretirement
adjustment mechanism for the St. Paul Teachers Retirement Fund Association;
creating a temporary postretirement option program for employees covered
by the general employee retirement plan of the Public Employees Retirement
Association; setting a statute of limitations for erroneous receipts of the general
employee retirement plan of the Public Employees Retirement Association;
permitting the Minnesota State Colleges and Universities System board to
create an early separation incentive program; permitting certain Minnesota
State Colleges and Universities System faculty members to make a second
chance retirement coverage election upon achieving tenure; including the Weiner
Memorial Medical Center, Inc., in the Public Employees Retirement Association
privatization law; extending the approval deadline date for the inclusion of the
Clearwater County Hospital in the Public Employees Retirement Association
privatization law; requiring a report; appropriating money; amending Minnesota
Statutes 2008, sections 3A.02, subdivision 3, by adding a subdivision; 3A.03,
by adding a subdivision; 3A.04, by adding a subdivision; 3A.115; 11A.08,
subdivision 1; 11A.17, subdivisions 1, 2; 11A.23, subdivisions 1, 2; 43A.34,
subdivision 4; 43A.346, subdivisions 2, 6; 69.011, subdivisions 1, 2, 4; 69.021,
subdivisions 7, 9; 69.031, subdivisions 1, 5; 69.77, subdivision 4; 69.771,
subdivision 3; 69.772, subdivisions 4, 6; 69.773, subdivision 6; 299A.465,
subdivision 1; 352.01, subdivision 2b, by adding subdivisions; 352.021, by
adding a subdivision; 352.04, subdivisions 1, 12; 352.061; 352.113, subdivision
4, by adding a subdivision; 352.115, by adding a subdivision; 352.12, by adding
a subdivision; 352.75, subdivisions 3, 4; 352.86, subdivisions 1, 1a, 2; 352.91,
subdivision 3d; 352.911, subdivisions 3, 5; 352.93, by adding a subdivision;
352.931, by adding a subdivision; 352.95, subdivisions 1, 2, 3, 4, 5, by adding
a subdivision; 352B.02, subdivisions 1, 1a, 1c, 1d; 352B.08, by adding a
subdivision; 352B.10, subdivisions 1, 2, 5, by adding subdivisions; 352B.11,
subdivision 2, by adding a subdivision; 352C.10; 352D.06, subdivision 1;
352D.065, by adding a subdivision; 352D.075, by adding a subdivision; 353.01,
subdivisions 2, 2a, 6, 11b, 16, 16b; 353.0161, subdivision 1; 353.03, subdivision
3a; 353.06; 353.27, subdivisions 1, 2, 3, 7, 7b; 353.29, by adding a subdivision;
353.31, subdivision 1b, by adding a subdivision; 353.33, subdivisions 1, 3b, 7,
11, 12, by adding subdivisions; 353.65, subdivisions 2, 3; 353.651, by adding
a subdivision; 353.656, subdivision 5a, by adding a subdivision; 353.657,
subdivision 3a, by adding a subdivision; 353.665, subdivision 3; 353A.02,
subdivisions 14, 23; 353A.05, subdivisions 1, 2; 353A.08, subdivisions 1, 3, 6a;
353A.081, subdivision 2; 353A.09, subdivision 1; 353A.10, subdivisions 2,
3; 353E.01, subdivisions 3, 5; 353E.04, by adding a subdivision; 353E.06, by
adding a subdivision; 353E.07, by adding a subdivision; 353F.02, subdivision 4;
354.05, by adding a subdivision; 354.07, subdivision 4; 354.33, subdivision 5;
354.35, by adding a subdivision; 354.42, subdivisions 1a, 2; 354.44, subdivisions
4, 5, by adding a subdivision; 354.46, by adding a subdivision; 354.47,
subdivision 1; 354.48, subdivisions 4, 6, by adding a subdivision; 354.49,
subdivision 2; 354.52, subdivisions 2a, 4b; 354.55, subdivisions 11, 13; 354.66,
subdivision 6; 354.70, subdivisions 5, 6; 354A.096; 354A.12, subdivision
2a, by adding subdivisions; 354A.29, subdivision 3; 354A.36, subdivision 6;
354B.21, subdivision 2; 356.20, subdivision 2; 356.215, subdivisions 1, 11;
356.219, subdivision 3; 356.32, subdivision 2; 356.351, subdivision 2; 356.401,
subdivisions 2, 3; 356.465, subdivision 1, by adding a subdivision; 356.611,
subdivisions 3, 4; 356.635, subdivisions 6, 7; 356.96, subdivisions 1, 5; 422A.06,
subdivision 8; 422A.08, subdivision 5; 423A.02, subdivisions 1, 3; 423C.03,
subdivision 1; 424A.001, subdivisions 1, 1a, 2, 3, 4, 5, 6, 8, 9, 10, by adding
subdivisions; 424A.01; 424A.02, subdivisions 1, 2, 3, 3a, 7, 8, 9, 9a, 9b, 10, 12,
13; 424A.021; 424A.03; 424A.04; 424A.05, subdivisions 1, 2, 3, 4; 424A.06;
424A.07; 424A.08; 424A.10, subdivisions 1, 2, 3, 4, 5; 424B.10, subdivision 2,
by adding subdivisions; 424B.21; 471.61, subdivision 1; 490.123, subdivisions 1,
3; 490.124, by adding a subdivision; Laws 1989, chapter 319, article 11, section
13; Laws 2006, chapter 271, article 5, section 5, as amended; Laws 2008, chapter
349, article 14, section 13; proposing coding for new law in Minnesota Statutes,
chapters 136F; 352B; 353; 354; 356; 420; 424A; 424B; proposing coding for
new law as Minnesota Statutes, chapter 353G; repealing Minnesota Statutes
2008, sections 11A.041; 11A.18; 11A.181; 352.119, subdivisions 2, 3, 4; 352.86,
subdivision 3; 352B.01, subdivisions 1, 2, 3, 3b, 4, 6, 7, 9, 10, 11; 352B.26,
subdivisions 1, 3; 353.271; 353A.02, subdivision 20; 353A.09, subdivisions
2, 3; 354.05, subdivision 26; 354.06, subdivision 6; 354.55, subdivision 14;
354.63; 354A.29, subdivisions 2, 4, 5; 356.2165; 356.41; 356.431, subdivision
2; 422A.01, subdivision 13; 422A.06, subdivision 4; 422A.08, subdivision 5a;
424A.001, subdivision 7; 424A.02, subdivisions 4, 6, 8a, 8b, 9b; 424A.09;
424B.10, subdivision 1; 490.123, subdivisions 1c, 1e.

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

ARTICLE 1

MINNESOTA POST RETIREMENT

INVESTMENT FUND DISSOLUTION ACCOMMODATION

Section 1.

Minnesota Statutes 2008, section 3A.02, subdivision 3, is amended to read:


Subd. 3.

Appropriation.

The amounts required for payment of retirement
allowances provided by this section are appropriated annually to the director from the
participation of the legislators retirement plan in the Minnesota postretirement investment
fund or from the general fund as provided in section 3A.115. The retirement allowance
must be paid is payable monthly to the recipients entitled to those retirement allowances.

Sec. 2.

Minnesota Statutes 2008, section 3A.02, is amended by adding a subdivision to
read:


Subd. 6.

Postretirement adjustment eligibility.

A retirement allowance under this
section is eligible for postretirement adjustments under section 356.415.

Sec. 3.

Minnesota Statutes 2008, section 3A.03, is amended by adding a subdivision to
read:


Subd. 3.

Legislators retirement fund.

(a) The legislators retirement fund, a special
retirement fund, is created within the state treasury and must be credited with assets equal
to the participation of the legislators retirement plan in the Minnesota postretirement
investment fund as of June 30, 2009, and any investment proceeds on those assets.

(b) The payment of annuities under section 3A.115, paragraph (b), is appropriated
from the legislators retirement fund.

Sec. 4.

Minnesota Statutes 2008, section 3A.04, is amended by adding a subdivision to
read:


Subd. 2a.

Postretirement adjustment eligibility.

A survivor benefit under this
section is eligible for postretirement adjustments under section 356.415.

Sec. 5.

Minnesota Statutes 2008, section 3A.115, is amended to read:


3A.115 RETIREMENT ALLOWANCE APPROPRIATION;
POSTRETIREMENT ADJUSTMENT.

(a) The amount necessary to fund the retirement allowance granted under this
chapter to a former legislator upon retirement retiring after June 30, 2003, is appropriated
from the general fund to the director to pay pension obligations due to the retiree.

(b) The amount necessary to fund the retirement allowance granted under this
chapter to a former legislator retiring before July 1, 2003, must be paid from the legislators
retirement fund created under section 3A.03, subdivision 3, until the assets of the fund
are exhausted and at that time, the amount necessary to fund the retirement allowances
under this paragraph is appropriated from the general fund to the director to pay pension
obligations to the retiree.

(c) Retirement allowances payable to retired legislators and their survivors under
this chapter must be adjusted in the same manner, at the same times, and in the same
amounts as are benefits payable from the Minnesota postretirement investment fund to
retirees of a participating public pension fund
as provided in sections 3A.02, subdivision
6, and 356.415
.

Sec. 6.

Minnesota Statutes 2008, section 11A.08, subdivision 1, is amended to read:


Subdivision 1.

Membership.

There is created an Investment Advisory Council
consisting of 17 members. Ten of these members shall must be experienced in general
investment matters. They shall be appointed by the state board The state board must
appoint the ten members
. The other seven members shall be are: the commissioner of
finance; the executive director of the Minnesota State Retirement System; the executive
director of the Public Employees Retirement Association; the executive director of
the Teachers Retirement Association; a retiree currently receiving benefits from the
postretirement investment fund
a statewide retirement plan; and two public employees
who are active members of funds whose assets are invested by the state board. The
governor must appoint the retiree and the public employees shall be appointed by the
governor
for four-year terms.

Sec. 7.

Minnesota Statutes 2008, section 11A.23, subdivision 1, is amended to read:


Subdivision 1.

Certification of assets not needed for immediate use.

Each
executive director administering a retirement fund or plan enumerated in subdivision 4
shall, from time to time, certify to the state board for investment those portions of the
assets of the retirement fund or plan which in the judgment of the executive director are
not required for immediate use. Assets of the fund or plan required for participation in
the Minnesota postretirement adjustment fund, the combined investment fund, or the
supplemental investment fund shall be transferred to those funds as provided by sections
11A.01 to 11A.25.

Sec. 8.

Minnesota Statutes 2008, section 11A.23, subdivision 2, is amended to read:


Subd. 2.

Investment.

Retirement fund assets certified to the state board pursuant to
under
subdivision 1 shall must be invested by the state board subject to the provisions
of section 11A.24. Retirement fund assets transferred to the Minnesota postretirement
investment fund,
the combined investment fund or the supplemental investment fund shall
must
be invested by the state board as part of those funds.

Sec. 9.

Minnesota Statutes 2008, section 352.021, is amended by adding a subdivision
to read:


Subd. 5.

Determining applicable law.

An annuity under this chapter must be
computed under the law in effect as of the last day for which the employee receives pay,
or if on medical leave, the day that the leave terminates. However, if the employee has
returned to covered employment following a termination, the employee must have earned
at least six months of allowable service following a return to employment as a state
employee in order to qualify for improved benefits resulting from any law change enacted
subsequent to that termination.

Sec. 10.

Minnesota Statutes 2008, section 352.04, subdivision 1, is amended to read:


Subdivision 1.

Fund created.

(a) There is created a special fund to be known as the
general state employees retirement fund. In that fund, employee contributions, employer
contributions, and other amounts authorized by law must be deposited.

(b) The general state employees retirement plan of the Minnesota State Retirement
System must participate in the Minnesota postretirement investment fund. The amounts
provided in section 352.119 must be deposited in the Minnesota postretirement investment
fund.

Sec. 11.

Minnesota Statutes 2008, section 352.04, subdivision 12, is amended to read:


Subd. 12.

Fund disbursement restricted.

The general state employees retirement
fund and the participation in the Minnesota postretirement investment fund must be
disbursed only for the purposes provided by law. The expenses of the system and any
benefits provided by law, other than benefits payable from the Minnesota postretirement
investment fund,
must be paid from the general state employees retirement fund. The
retirement allowances, retirement annuities, and disability benefits, as well as refunds of
any sum remaining to the credit of a deceased retired employee or a disabled employee
must be paid only from the general state employees retirement fund after the needs
have been certified and the amounts withdrawn from the participation in the Minnesota
postretirement investment fund under section 11A.18
. The amounts necessary to make the
payments from the general state employees retirement fund and the participation in the
Minnesota postretirement investment fund
are annually appropriated from these funds
that fund for those purposes.

Sec. 12.

Minnesota Statutes 2008, section 352.061, is amended to read:


352.061 INVESTMENT BOARD TO INVEST FUNDS.

The director shall, from time to time, certify to the State Board of Investment any
portions of the state employees retirement fund that in the judgment of the director are
not required for immediate use. Assets from the state employees retirement fund must
be transferred to the Minnesota postretirement investment fund as provided in section
11A.18.
The State Board of Investment shall invest and reinvest sums so transferred, or
certified, in securities that are duly authorized legal investments under section 11A.24.

Sec. 13.

Minnesota Statutes 2008, section 352.113, is amended by adding a subdivision
to read:


Subd. 13.

Postretirement adjustment eligibility.

A disability benefit under this
section is eligible for postretirement adjustments under section 356.415.

Sec. 14.

Minnesota Statutes 2008, section 352.115, is amended by adding a subdivision
to read:


Subd. 14.

Postretirement adjustment eligibility.

A retirement annuity under
this section and section 352.116 is eligible for postretirement adjustments under section
356.415.

Sec. 15.

Minnesota Statutes 2008, section 352.12, is amended by adding a subdivision
to read:


Subd. 2c.

Postretirement adjustment eligibility.

A survivor benefit under
subdivision 2, 2a, or 2b is eligible for postretirement adjustments under section 356.415.

Sec. 16.

Minnesota Statutes 2008, section 352.75, subdivision 3, is amended to read:


Subd. 3.

Existing retired members and benefit recipients.

As of July 1, 1978,
the liability for all retirement annuities, disability benefits, survivorship annuities, and
survivor of deceased active employee benefits paid or payable by the former Metropolitan
Transit Commission-Transit Operating Division employees retirement fund is transferred
to the Minnesota State Retirement System, and is no longer the liability of the former
Metropolitan Transit Commission-Transit Operating Division employees retirement
fund. The required reserves for retirement annuities, disability benefits, and optional
joint and survivor annuities in effect on June 30, 1978, and the required reserves for the
increase in annuities and benefits provided under subdivision 6 must be determined using
a five percent interest assumption and the applicable Minnesota State Retirement System
mortality table and shall be transferred by the Minnesota State Retirement System to
the Minnesota postretirement investment fund on July 1, 1978, but shall be considered
transferred as of June 30, 1978. The annuity or benefit amount in effect on July 1, 1978,
including the increase granted under subdivision 6, must be used for adjustments made
under section 11A.18.
For persons receiving benefits as survivors of deceased former
retirement annuitants, the benefits must be considered as having commenced on the date
on which the retirement annuitant began receiving the retirement annuity.

Sec. 17.

Minnesota Statutes 2008, section 352.75, subdivision 4, is amended to read:


Subd. 4.

Existing deferred retirees.

Any former member of the former
Metropolitan Transit Commission-Transit Operating Division employees retirement
fund is entitled to a retirement annuity from the Minnesota State Retirement System if
the employee:

(1) is not an active employee of the Transit Operating Division of the former
Metropolitan Transit Commission on July 1, 1978; (2) has at least ten years of active
continuous service with the Transit Operating Division of the former Metropolitan
Transit Commission as defined by the former Metropolitan Transit Commission-Transit
Operating Division employees retirement plan document in effect on December 31, 1977;
(3) has not received a refund of contributions; (4) has not retired or begun receiving an
annuity or benefit from the former Metropolitan Transit Commission-Transit Operating
Division employees retirement fund; (5) is at least 55 years old; and (6) submits a valid
application for a retirement annuity to the executive director of the Minnesota State
Retirement System.

The person is entitled to a retirement annuity in an amount equal to the normal
old age retirement allowance calculated under the former Metropolitan Transit
Commission-Transit Operating Division employees retirement fund plan document in
effect on December 31, 1977, subject to an early retirement reduction or adjustment in
amount on account of retirement before the normal retirement age specified in that former
Metropolitan Transit Commission-Transit Operating Division employees retirement fund
plan document.

The deferred retirement annuity of any person to whom this subdivision applies
must be augmented. The required reserves applicable to the deferred retirement annuity,
determined as of the date the allowance begins to accrue using an appropriate mortality
table and an interest assumption of five percent, must be augmented by interest at the rate
of five percent per year compounded annually from January 1, 1978, to January 1, 1981,
and three percent per year compounded annually from January 1, 1981, to the first day
of the month in which the annuity begins to accrue. Upon After the commencement of
the retirement annuity, the required reserves for the annuity must be transferred to the
Minnesota postretirement investment fund in accordance with subdivision 2 and section
352.119
is eligible for postretirement adjustments under section 356.415. On applying
for a retirement annuity under this subdivision, the person is entitled to elect a joint and
survivor optional annuity under section 352.116, subdivision 3.

Sec. 18.

Minnesota Statutes 2008, section 352.911, subdivision 3, is amended to read:


Subd. 3.

Investment.

The correctional employees retirement fund shall participate
in the Minnesota postretirement investment fund and in that fund there shall be deposited
the amounts provided in section 352.119.
The balance of any assets of the fund shall
must be deposited in the Minnesota combined investment funds as provided in section
11A.14, if applicable, or otherwise under section 11A.23.

Sec. 19.

Minnesota Statutes 2008, section 352.911, subdivision 5, is amended to read:


Subd. 5.

Fund disbursement restricted.

The correctional employees retirement
fund and its share of participation in the Minnesota postretirement investment fund shall
must be disbursed only for the purposes provided for in the applicable provisions in this
chapter. The proportional share of the expenses of the system and any benefits provided
in sections section 352.90 to 352.951, other than benefits payable from the Minnesota
postretirement investment fund, shall
must be paid from the correctional employees
retirement fund. The retirement allowances, retirement annuities, the disability benefits,
the survivorship benefits, and any refunds of accumulated deductions shall must be paid
only from the correctional employees retirement fund after those needs have been certified
by the executive director and the amounts withdrawn from the share of participation in the
Minnesota postretirement fund under section 11A.18
. The amounts necessary to make the
payments from the correctional employees retirement fund and the participation in the
Minnesota postretirement investment fund
are annually appropriated from those funds
that fund for those purposes.

Sec. 20.

Minnesota Statutes 2008, section 352.93, is amended by adding a subdivision
to read:


Subd. 7.

Postretirement adjustment eligibility.

A retirement annuity under this
section is eligible for postretirement adjustments under section 356.415.

Sec. 21.

Minnesota Statutes 2008, section 352.931, is amended by adding a subdivision
to read:


Subd. 6.

Postretirement adjustment eligibility.

A survivor benefit under this
section is eligible for postretirement adjustments under section 356.415.

Sec. 22.

Minnesota Statutes 2008, section 352.95, is amended by adding a subdivision
to read:


Subd. 8.

Postretirement adjustment eligibility.

A disability benefit under this
section is eligible for postretirement adjustments under section 356.415.

Sec. 23.

Minnesota Statutes 2008, section 352B.02, subdivision 1d, is amended to read:


Subd. 1d.

Fund revenue and expenses.

The amounts provided for in this section
must be credited to the State Patrol retirement fund. All money received must be deposited
by the commissioner of finance in the State Patrol retirement fund. The fund must be used
to pay the administrative expenses of the retirement fund, and the benefits and annuities
provided in this chapter. Appropriate amounts shall be transferred to or withdrawn from
the Minnesota postretirement investment fund as provided in section 352B.26.

Sec. 24.

Minnesota Statutes 2008, section 352B.08, is amended by adding a
subdivision to read:


Subd. 4.

Postretirement adjustment eligibility.

A retirement annuity under this
section is eligible for postretirement adjustments under section 356.415.

Sec. 25.

Minnesota Statutes 2008, section 352B.10, is amended by adding a
subdivision to read:


Subd. 6.

Postretirement adjustment eligibility.

A disability benefit under this
section is eligible for postretirement adjustments under section 356.415.

Sec. 26.

Minnesota Statutes 2008, section 352B.11, is amended by adding a subdivision
to read:


Subd. 2e.

Postretirement adjustment eligibility.

A survivor benefit under
subdivision 2, 2b, or 2c is eligible for postretirement adjustments under section 356.415.

Sec. 27.

Minnesota Statutes 2008, section 352C.10, is amended to read:


352C.10 BENEFIT ADJUSTMENTS.

Retirement allowances payable to retired constitutional officers and surviving spouse
benefits payable must be adjusted in the same manner, at the same times and in the same
amounts as are benefits payable from the Minnesota postretirement investment fund to
retirees of a participating public pension fund
under section 356.415.

Sec. 28.

Minnesota Statutes 2008, section 352D.06, subdivision 1, is amended to read:


Subdivision 1.

Annuity; reserves.

When a participant attains at least age 55,
terminates from covered service, and applies for a retirement annuity, the cash value of the
participant's shares shall must be transferred to the Minnesota postretirement investment
general state employees retirement fund and must be used to provide an annuity for the
retired employee based upon the participant's age when the benefit begins to accrue
according to the reserve basis used by the general state employees retirement plan in
determining pensions and reserves. The annuity under this subdivision is eligible for
postretirement adjustments under section 356.415.

Sec. 29.

Minnesota Statutes 2008, section 352D.065, is amended by adding a
subdivision to read:


Subd. 3a.

Postretirement adjustment eligibility.

A disability benefit under this
section is eligible for postretirement adjustments under section 356.415.

Sec. 30.

Minnesota Statutes 2008, section 352D.075, is amended by adding a
subdivision to read:


Subd. 2b.

Postretirement adjustment eligibility.

A survivor benefit under this
section is eligible for postretirement adjustments under section 356.415.

Sec. 31.

Minnesota Statutes 2008, section 353.06, is amended to read:


353.06 STATE BOARD OF INVESTMENT TO INVEST FUNDS.

The executive director shall from time to time certify to the State Board of
Investment for investment such portions of the retirement fund as in its judgment may not
be required for immediate use. Assets from the public employees retirement fund shall
be transferred to the Minnesota postretirement investment fund as provided in section
11A.18.
The State Board of Investment shall thereupon invest and reinvest the sum so
certified, or transferred, in such securities as are duly authorized as legal investments for
state employees retirement fund and shall have authority to sell, convey, and exchange
such securities and invest and reinvest the securities when it deems it desirable to do so
and shall sell securities upon request of the board of trustees when such funds are needed
for its purposes. All of the provisions regarding accounting procedures and restrictions
and conditions for the purchase and sale of securities for the state employees retirement
fund shall
under chapter 11A must apply to the accounting, purchase and sale of securities
for the public employees retirement fund.

Sec. 32.

Minnesota Statutes 2008, section 353.27, subdivision 1, is amended to read:


Subdivision 1.

Income; disbursements.

There is a special fund known as the
"public employees retirement fund," the "retirement fund," or the "fund," which shall
must
include all the assets of the association. This fund shall must be credited with all
contributions, all interest and all other income authorized by law. From this fund there
is appropriated the payments authorized by this chapter in the amounts and at such time
provided herein, including the expenses of administering the fund, and including the
proper share of the Minnesota postretirement investment fund
.

Sec. 33.

Minnesota Statutes 2008, section 353.29, is amended by adding a subdivision
to read:


Subd. 9.

Postretirement adjustment eligibility.

An annuity under this section or
section 353.30 is eligible for postretirement adjustments under section 356.415.

Sec. 34.

Minnesota Statutes 2008, section 353.31, subdivision 1b, is amended to read:


Subd. 1b.

Joint and survivor option.

(a) Prior to payment of a surviving spouse
benefit under subdivision 1, the surviving spouse may elect to receive the 100 percent
joint and survivor optional annuity under section 353.32, subdivision 1a, rather than a
surviving spouse benefit.

(b) If there is a dependent child or children, and the 100 percent joint and survivor
optional annuity for the surviving spouse, when added to the dependent children's benefit
under subdivisions 1 and 1a, exceeds an amount equal to 70 percent of the member's
specified average monthly salary, the 100 percent joint and survivor annuity under section
353.32, subdivision 1a, must be reduced by the amount necessary so that the total family
benefit does not exceed the 70 percent maximum family benefit amount under subdivision
1a.

(c) The 100 percent joint and survivor optional annuity must be restored to the
surviving spouse, plus applicable postretirement fund adjustments under Minnesota
Statutes 2008,
section 356.41, through January 1, 2009, and thereafter under section
356.415
, as the dependent child or children become no longer dependent under section
353.01, subdivision 15.

Sec. 35.

Minnesota Statutes 2008, section 353.31, is amended by adding a subdivision
to read:


Subd. 12.

Postretirement adjustment eligibility.

A survivor benefit under
subdivision 1 or 1b or section 353.32, subdivision 1a, 1b, or 1c is eligible for
postretirement adjustments under section 356.415.

Sec. 36.

Minnesota Statutes 2008, section 353.33, subdivision 3b, is amended to read:


Subd. 3b.

Optional annuity election.

A disabled member may elect to receive the
normal disability benefit or an optional annuity under section 353.30, subdivision 3. The
election of an optional annuity must be made prior to the commencement of payment of
the disability benefit. The optional annuity must begin to accrue on the same date as
provided for the disability benefit.

(1) If a person who is not the spouse of a member is named as beneficiary of the
joint and survivor optional annuity, the person is eligible to receive the annuity only
if the spouse, on the disability application form prescribed by the executive director,
permanently waives the surviving spouse benefits under sections 353.31, subdivision 1,
and 353.32, subdivision 1a. If the spouse of the member refuses to permanently waive
the surviving spouse coverage, the selection of a person other than the spouse of the
member as a joint annuitant is invalid.

(2) If the spouse of the member permanently waives survivor coverage, the
dependent children, if any, continue to be eligible for survivor benefits under section
353.31, subdivision 1, including the minimum benefit in section 353.31, subdivision 1a.
The designated optional annuity beneficiary may draw the monthly benefit; however, the
amount payable to the dependent child or children and joint annuitant must not exceed
the 70 percent maximum family benefit under section 353.31, subdivision 1a. If the
maximum is exceeded, the benefit of the joint annuitant must be reduced to the amount
necessary so that the total family benefit does not exceed the 70 percent maximum family
benefit amount.

(3) If the spouse is named as the beneficiary of the joint and survivor optional
annuity, the spouse may draw the monthly benefits; however, the amount payable to
the dependent child or children and the joint annuitant must not exceed the 70 percent
maximum family benefit under section 353.31, subdivision 1a. If the maximum is
exceeded, each dependent child will receive ten percent of the member's specified
average monthly salary, and the benefit to the joint annuitant must be reduced to the
amount necessary so that the total family benefit does not exceed the 70 percent maximum
family benefit amount. The joint and survivor optional annuity must be restored to the
surviving spouse, plus applicable postretirement adjustments under Minnesota Statutes
2008,
section 356.41 or section 356.415, as the dependent child or children become no
longer dependent under section 353.01, subdivision 15.

Sec. 37.

Minnesota Statutes 2008, section 353.33, subdivision 7, is amended to read:


Subd. 7.

Partial reemployment.

If, following a work or non-work-related injury
or illness, a disabled person who remains totally and permanently disabled as defined
in section 353.01, subdivision 19, has income from employment that is not substantial
gainful activity and the rate of earnings from that employment are less than the salary
rate at the date of disability or the salary rate currently paid for positions similar to the
employment position held by the disabled person immediately before becoming disabled,
whichever is greater, the executive director shall continue the disability benefit in an
amount that, when added to the earnings and any workers' compensation benefit, does not
exceed the salary rate at the date of disability or the salary currently paid for positions
similar to the employment position held by the disabled person immediately before
becoming disabled, whichever is higher. The disability benefit under this subdivision may
not exceed the disability benefit originally allowed, plus any postretirement adjustments
payable after December 31, 1988, in accordance with Minnesota Statutes 2008, section
11A.18, subdivision 10, or Minnesota Statutes 2008, section 356.41, through January 1,
2009, and thereafter as provided in section 356.415
. No deductions for the retirement fund
may be taken from the salary of a disabled person who is receiving a disability benefit
as provided in this subdivision.

Sec. 38.

Minnesota Statutes 2008, section 353.33, is amended by adding a subdivision
to read:


Subd. 13.

Postretirement adjustment eligibility.

A disability benefit under this
section is eligible for postretirement adjustments under section 356.415.

Sec. 39.

Minnesota Statutes 2008, section 353.651, is amended by adding a subdivision
to read:


Subd. 5.

Postretirement adjustment eligibility.

An annuity under this section is
eligible for postretirement adjustments under section 356.415.

Sec. 40.

Minnesota Statutes 2008, section 353.656, subdivision 5a, is amended to read:


Subd. 5a.

Cessation of disability benefit.

(a) The association shall cease the
payment of any disability benefit the first of the month following the reinstatement of a
member to full time or less than full-time service in a position covered by the police
and fire fund.

(b) A disability benefit paid to a disabled member of the police and fire plan, that
was granted under laws in effect after June 30, 2007, terminates at the end of the month in
which the member:

(1) reaches normal retirement age;

(2) if the disability benefit is payable for a 60-month period as determined under
subdivisions 1 and 3, as applicable, the first of the month following the expiration of
the 60-month period; or

(3) if the disabled member so chooses, the end of the month in which the member
has elected to convert to an early retirement annuity under section 353.651, subdivision 4.

(c) If the police and fire plan member continues to be disabled when the disability
benefit terminates under this subdivision, the member is deemed to be retired. The
individual is entitled to receive a normal retirement annuity or an early retirement annuity
under section 353.651, whichever is applicable, as further specified in paragraph (d)
or (e). If the individual did not previously elect an optional annuity under subdivision
1a, paragraph (a), the individual may elect an optional annuity under subdivision 1a,
paragraph (b).

(d) A member of the police and fire plan who is receiving a disability benefit under
this section may, upon application, elect to receive an early retirement annuity under
section 353.651, subdivision 4, at any time after attaining age 50, but must convert to a
retirement annuity no later than the end of the month in which the disabled member attains
normal retirement age. An early retirement annuity elected under this subdivision must be
calculated on the disabled member's accrued years of service and average salary as defined
in section 353.01, subdivision 17a, and when elected, the member is deemed to be retired.

(e) When an individual's benefit is recalculated as a retirement annuity under this
section, the annuity must be based on clause (1) or clause (2), whichever provides the
greater amount:

(1) the benefit amount at the time of reclassification, including all prior adjustments
provided under Minnesota Statutes 2008, section 11A.18, through January 1, 2009, and
thereafter as provided in section 356.415
; or

(2) a benefit amount computed on the member's actual years of accrued allowable
service credit and the law in effect at the time the disability benefit first accrued, plus any
increases that would have applied since that date under section Minnesota Statutes 2008,
11A.18
, through January 1, 2009, and thereafter as provided in section 356.415.

Sec. 41.

Minnesota Statutes 2008, section 353.656, is amended by adding a subdivision
to read:


Subd. 14.

Postretirement adjustment eligibility.

A disability benefit under this
section is eligible for postretirement adjustments under section 356.415.

Sec. 42.

Minnesota Statutes 2008, section 353.657, subdivision 3a, is amended to read:


Subd. 3a.

Maximum and minimum family benefits.

(a) The maximum monthly
benefit per family must not exceed the following percentages of the member's average
monthly salary as specified in subdivision 3:

(1) 80 percent, if the member's death was a line of duty death; or

(2) 70 percent, if the member's death was not a line of duty death or occurred while
the member was receiving a disability benefit that accrued before July 1, 2007.

(b) The minimum monthly benefit per family, including the joint and survivor
optional annuity under subdivision 2a, and section 353.656, subdivision 1a, must not be
less than the following percentage of the member's average monthly salary as specified in
subdivision 3:

(1) 60 percent, if the death was a line of duty death; or

(2) 50 percent, if the death was not a line of duty death or occurred while the member
was receiving a disability benefit that accrued before July 1, 2007.

(c) If the maximum under paragraph (a) is exceeded, the monthly benefit of the
joint annuitant must be reduced to the amount necessary so that the total family benefit
does not exceed the applicable maximum. The joint and survivor optional annuity must
be restored, plus applicable postretirement adjustments under Minnesota Statutes 2008,
section 356.41 or section 356.415, as the dependent child or children become no longer
dependent under section 353.01, subdivision 15.

Sec. 43.

Minnesota Statutes 2008, section 353.657, is amended by adding a subdivision
to read:


Subd. 5.

Postretirement adjustment eligibility.

A survivor benefit under this
section is eligible for postretirement adjustments under section 356.415.

Sec. 44.

Minnesota Statutes 2008, section 353.665, subdivision 3, is amended to read:


Subd. 3.

Transfer of assets.

Unless the municipality has elected to retain the
consolidation account under subdivision 1, paragraph (b), the assets of the former local
police or fire consolidation account must be transferred and upon transfer, the actuarial
value of the assets of a former local police or fire consolidation account less an amount
equal to the residual assets as determined under subdivision 7, paragraph (f), are the
assets of the public employees police and fire fund as of July 1, 1999. The participation
of a consolidation account in the Minnesota postretirement investment fund becomes
part of the participation of the public employees police and fire fund in the Minnesota
postretirement investment fund.
The remaining assets, excluding the amounts for
distribution under subdivision 7, paragraph (f), become an asset of the public employees
police and fire fund. The public employees police and fire fund also must be credited as an
asset with the amount of receivable assets under subdivision 7, paragraph (e).

Sec. 45.

Minnesota Statutes 2008, section 353A.02, subdivision 14, is amended to read:


Subd. 14.

Ineligible investments.

"Ineligible investments" means any investment
security or other asset held by the relief association at or after the initiation of the
consolidation procedure which does not comply with the applicable requirements or
limitations of sections 11A.09, 11A.18, 11A.23, and 11A.24.

Sec. 46.

Minnesota Statutes 2008, section 353A.02, subdivision 23, is amended to read:


Subd. 23.

Postretirement adjustment.

"Postretirement adjustment" means any
periodic or regular procedure for modifying the amount of a retirement annuity, service
pension, disability benefit, or survivor benefit after the start of that annuity, pension,
or benefit, including but not limited to modifications of amounts from the Minnesota
postretirement investment fund
under section 11A.18, subdivision 9 356.415, or any
benefit escalation or benefit amount modification based on changes in the salaries payable
to active police officers or salaried firefighters or changes in a cost-of-living index as
provided for in the existing relief association benefit plan.

Sec. 47.

Minnesota Statutes 2008, section 353A.05, subdivision 1, is amended to read:


Subdivision 1.

Commission actions.

(a) Upon initiation of consolidation as
provided in section 353A.04, the executive director of the commission shall direct the
actuary retained under section 356.214 to undertake the preparation of the actuarial
calculations necessary to complete the consolidation.

(b) These actuarial calculations shall include for each active member, each deferred
former member, each retired member, and each current beneficiary the computation of the
present value of future benefits, the future normal costs, if any, and the actuarial accrued
liability on the basis of the existing relief association benefit plan and on the basis of the
public employees police and fire fund benefit plan. These actuarial calculations shall also
include for the total active, deferred, retired, and benefit recipient membership the sum
of the present value of future benefits, the future normal costs, if any, and the actuarial
accrued liability on the basis of the existing relief association benefit plan, on the basis of
the public employees police and fire fund benefit plan, and on the basis of the benefit plan
which produced the largest present value of future benefits for each person. The actuarial
calculations shall be prepared using the entry age actuarial cost method for all components
of the benefit plan and using the actuarial assumptions applicable to the fund for the
most recent actuarial valuation prepared under section 356.215, except that the actuarial
calculations on the basis of the existing relief association benefit plan shall be prepared
using an interest rate actuarial assumption during the postretirement period which is in
the same amount as the interest rate actuarial assumption applicable to the preretirement
period. The actuarial calculations shall include the computation of the present value of the
initial postretirement adjustment anticipated by the executive director of the state board as
payable after the effective date of the consolidation from the Minnesota postretirement
investment fund
under section 11A.18 356.415.

(c) The chief administrative officer of the relief association shall, upon request,
provide in a timely manner to the executive director of the commission and to the actuary
retained under section 356.214 the most current available information or documents,
whichever applies, regarding the demographics of the active, deferred, retired, and
benefit recipient membership of the relief association, the financial condition of the relief
association, and the existing benefit plan of the relief association.

(d) Upon completion of the actuarial calculations required by this subdivision, the
actuary retained under section 356.214 shall issue a report in the form of an appropriate
summary of the actuarial calculations and shall provide a copy of that report to the
executive director of the commission, the executive director of the Public Employees
Retirement Association, the chief administrative officer of the relief association, the chief
administrative officer of the municipality in which the relief association is located, and
the state auditor.

Sec. 48.

Minnesota Statutes 2008, section 353A.05, subdivision 2, is amended to read:


Subd. 2.

State board actions.

(a) Upon approval of consolidation by the
membership as provided in section 353A.04, the executive director of the state board
shall review the existing investment portfolio of the relief association for compliance
with the requirements and limitations set forth in sections 11A.09, 11A.14, 11A.18,
11A.23, and 11A.24 and for appropriateness for retention in the light of the established
investment objectives of the state board. The executive director of the state board, using
any reporting service retained by the state board, shall determine the approximate market
value of the existing assets of the relief association upon the effective date of consolidation
and the transfer of assets from the relief association to the individual relief association
consolidation accounts at market value.

(b) The state board may require that the relief association liquidate any investment
security or other item of value which is determined to be ineligible or inappropriate for
retention by the state board. The liquidation shall occur before the effective date of
consolidation and transfer of assets.

(c) If requested to do so by the chief administrative officer of the relief association
or of the municipality, the state board shall provide advice on the means and procedures
available to liquidate investment securities and other assets determined to be ineligible or
inappropriate.

Sec. 49.

Minnesota Statutes 2008, section 353A.08, subdivision 1, is amended to read:


Subdivision 1.

Election of coverage by current retirees.

(a) A person who is
receiving a service pension, disability benefit, or survivor benefit is eligible to elect benefit
coverage provided under the relevant provisions of the public employees police and fire
fund benefit plan or to retain benefit coverage provided under the relief association benefit
plan in effect on the effective date of the consolidation. The relevant provisions of the
public employees police and fire fund benefit plan for the person electing that benefit
coverage are limited to participation in the Minnesota postretirement investment fund for
any future postretirement adjustments under section 356.415 based on the amount of
the benefit or pension payable on December 31, if December 31 is the effective date of
consolidation, or on the December 1 following the effective date of the consolidation, if
other than December 31. The survivor benefit payable on behalf of any service pension
or disability benefit recipient who elects benefit coverage under the public employees
police and fire fund benefit plan must be calculated under the relief association benefit
plan and is subject to participation in the Minnesota postretirement investment fund for
any
future postretirement adjustments under section 356.415 based on the amount of the
survivor benefit payable.

(b) A survivor benefit calculated under the relief association benefit plan which is first
payable after June 30, 1997, to the surviving spouse of a retired member of a consolidation
account who, before July 1, 1997, chose to participate in the Minnesota postretirement
investment fund adjustments as provided under this subdivision section 356.415 must be
increased on the effective date of the survivor benefit on an actuarial equivalent basis to
reflect the change in the postretirement interest rate actuarial assumption under section
356.215, subdivision 8, from five percent to six percent under a calculation procedure and
tables adopted by the board and approved by the actuary retained under section 356.214.

(c) By electing the public employees police and fire fund benefit plan, a current
service pension or disability benefit recipient who, as of the first January 1 occurring after
the effective date of consolidation, has been receiving the pension or benefit for at least
seven months, or any survivor benefit recipient who, as of the first January 1 occurring
after the effective date of consolidation, has been receiving the benefit on the person's own
behalf or in combination with a prior applicable service pension or disability benefit for at
least seven months is eligible to receive a partial adjustment payable from the Minnesota
postretirement investment fund
under section 11A.18, subdivision 9 356.415.

(d) The election by any pension or benefit recipient must be made on or before
the deadline established by the board of the Public Employees Retirement Association
in a manner that recognizes the number of persons eligible to make the election and the
anticipated time required to conduct any required benefit counseling.

Sec. 50.

Minnesota Statutes 2008, section 353A.08, subdivision 3, is amended to read:


Subd. 3.

Election of coverage by active members.

(a) A person who is an active
member of a police or fire relief association, other than a volunteer firefighter, has the
option to elect benefit coverage under the relevant provisions of the public employees
police and fire fund or to retain benefit coverage provided by the relief association benefit
plan in effect on the effective date of consolidation. The relevant provisions of the public
employee police and fire fund benefit plan for the person electing that benefit coverage
are the relevant provisions of the public employee police and fire fund benefit plan
applicable to retirement annuities, disability benefits, and survivor benefits, including
participation in the Minnesota postretirement investment fund adjustments under section
356.415
, but excluding any provisions governing the purchase of credit for prior service
or making payments in lieu of member contribution deductions applicable to any period
which occurred before the effective date of consolidation.

(b) An active member is eligible to make an election at one of the following times:

(1) within six months of the effective date of consolidation;

(2) between the date on which the active member attains the age of 49 years and six
months and the date on which the active member attains the age of 50 years; or

(3) on the date on which the active member terminates active employment for
purposes of receiving a service pension or disability benefits, or within 90 days of the
date the member terminates active employment and defers receipt of a service pension,
whichever applies.

Sec. 51.

Minnesota Statutes 2008, section 353A.081, subdivision 2, is amended to read:


Subd. 2.

Election of coverage.

(a) Individuals eligible under subdivision 1 may
elect, on a form prescribed by the executive director of the Public Employees Retirement
Association, to have survivor benefits calculated under the relevant provisions of the
public employees police and fire fund benefit plan or to have survivor benefits calculated
under the relief association benefit plan. The relevant provisions of the public employee
police and fire fund benefit plan for the person electing that benefit coverage are the
relevant provisions of the public employee police and fire fund benefit plan applicable
to survivor benefits, including participation in the Minnesota postretirement investment
fund
adjustments under section 356.415.

(b) If the election results in an increased benefit amount to the surviving spouse
eligible under subdivision 1, or to eligible children if there is no surviving spouse, the
increased benefit accrues as of the date on which the survivor benefits payable to the
survivors from the consolidation account were first paid. The back payment of any
increase in prior benefit amounts, plus any postretirement adjustments payable under
section 356.41 356.415, or any increase payable under the local relief association bylaws
is payable as soon as practicable after the effective date of the election.

Sec. 52.

Minnesota Statutes 2008, section 353A.09, subdivision 1, is amended to read:


Subdivision 1.

Establishment of consolidation accounts.

(a) The board of trustees
of the Public Employees Retirement Association shall establish a separate consolidation
account for each local relief association of a municipality that consolidates with the Public
Employees Retirement Association. The association shall credit to the consolidation
account the assets of the individual consolidating local relief association upon transfer,
member contributions received after consolidation under subdivision 4, municipal
contributions received after consolidation under subdivision 5, and a proportionate share
of any investment income earned after consolidation. From the consolidation account,
the association shall pay for the transfer of any required reserves to the Minnesota
postretirement investment fund on account of persons electing the type of benefit coverage
provided by the public employees police and fire fund under subdivisions 2 and 3 and
section 353.271, subdivision 2,
the pension and benefit amounts on account of persons
electing coverage by the relief association benefit plan under section 353A.08, the benefit
amounts not payable from the Minnesota postretirement investment fund on account of
persons electing the type of benefit coverage provided by the public employees police and
fire fund under section 353A.08, and any direct administrative expenses related to the
consolidation account, and the proportional share of the general administrative expenses
of the association.

(b) Except as otherwise provided for in this section, the liabilities and the assets
of a consolidation account must be considered for all purposes to be separate from the
balance of the public employees police and fire fund. The consolidation account must be
subject to separate accounting, a separate actuarial valuation, and must be reported as a
separate exhibit in any annual financial report or actuarial valuation report of the public
employees police and fire consolidation fund, whichever applies. The executive director
of the public employees retirement association shall maintain separate accounting records
and balances for each consolidation account.

Sec. 53.

Minnesota Statutes 2008, section 353A.10, subdivision 2, is amended to read:


Subd. 2.

Collection of late contributions.

In the event of a refusal by a
municipality in which was located a local police or firefighters relief association which
has consolidated with the fund to pay to the fund any amount or amounts due under
section 353A.09, subdivisions 2 4 to 6, the executive director of the public employees
retirement association may notify the Department of Revenue, the Department of Finance,
and the state auditor of the refusal and commence the necessary procedure to collect the
amount or amounts due from the amount of any state aid under sections 69.011 to 69.051,
amortization state aid under section 423A.02, or supplemental amortization state aid under
Laws 1984, chapter 564, section 48, as amended by Laws 1986, chapter 359, section 20,
which is payable to the municipality or to certify the amount or amounts due to the county
auditor for inclusion in the next tax levy of the municipality or for collection from other
revenue available to the municipality, or both.

Sec. 54.

Minnesota Statutes 2008, section 353A.10, subdivision 3, is amended to read:


Subd. 3.

Levy and bonding authority.

A municipality in which was located a local
police or firefighters relief association that has consolidated with the fund may issue
general obligation bonds of the municipality to defray all or a portion of the principal
amounts specified in section 353A.09, subdivisions 2 4 to 6, or certify to the county
auditor a levy in the amount necessary to defray all or a portion of the principal amount
specified in section 353A.09, subdivisions 2 4 to 6, or the annual amount specified in
section 353A.09, subdivisions 2 4 to 6. The municipality may pledge the full faith, credit,
and taxing power of the municipality for the payment of the principal of and interest on the
general obligation bonds. Any municipal bond may be issued without an election under
section 475.58 and may not be included in the net debt of the municipality for purposes of
any charter or statutory debt limitation, nor may any tax levy for the payment of bond
principal or interest be subject to any limitation concerning rate or amount established
by charter or law.

Sec. 55.

Minnesota Statutes 2008, section 353E.01, subdivision 3, is amended to read:


Subd. 3.

Investment.

(a) The public employees local government correctional
service retirement fund participates in the Minnesota postretirement investment fund.

(b) The amounts provided in section 353.271 must be deposited in that fund.

(c) The balance of any Assets of the public employees local government correctional
service retirement
fund must be deposited in the Minnesota combined investment fund as
provided in section 11A.14, if applicable, or otherwise invested under section 11A.23.

Sec. 56.

Minnesota Statutes 2008, section 353E.01, subdivision 5, is amended to read:


Subd. 5.

Fund disbursement restricted.

(a) The public employees local
government correctional service retirement fund and its share of participation in the
Minnesota postretirement investment fund
may be disbursed only for the purposes
provided for in this chapter.

(b) The proportional share of the necessary and reasonable administrative expenses
of the association and any benefits provided in this chapter, other than benefits payable
from the Minnesota postretirement investment fund,
must be paid from the public
employees local government correctional service retirement fund. Retirement annuities,
disability benefits, survivorship benefits, and any refunds of accumulated deductions may
be paid only from the correctional service retirement fund after those needs have been
certified by the executive director and any applicable amounts withdrawn from the share
of participation in the Minnesota postretirement fund under section 11A.18
.

(c) The amounts necessary to make the payments from the public employees local
government correctional service retirement fund and its participation in the Minnesota
postretirement investment fund
are annually appropriated from those funds for those
purposes.

Sec. 57.

Minnesota Statutes 2008, section 353E.04, is amended by adding a subdivision
to read:


Subd. 7.

Postretirement adjustment eligibility.

An annuity under this section is
eligible for postretirement adjustments under section 356.415.

Sec. 58.

Minnesota Statutes 2008, section 353E.06, is amended by adding a subdivision
to read:


Subd. 9.

Postretirement adjustment eligibility.

A disability benefit under this
section is eligible for postretirement adjustments under section 356.415.

Sec. 59.

Minnesota Statutes 2008, section 353E.07, is amended by adding a subdivision
to read:


Subd. 8.

Postretirement adjustment eligibility.

A survivor benefit under this
section is eligible for postretirement adjustments under section 356.415.

Sec. 60.

Minnesota Statutes 2008, section 354.07, subdivision 4, is amended to read:


Subd. 4.

Certification of funds to State Board of Investment.

It shall be is
the duty of the board from time to time to certify to the State Board of Investment for
investment as much of the funds in its hands as shall not be needed for current purposes.
Such funds that are certified as to investment in the postretirement investment fund shall
include the amount as required for the total reserves needed for the purposes described
in section 354.63.
The State Board of Investment shall thereupon transfer such assets
to the appropriate fund provided herein, in accordance with the procedure set forth in
section 354.63, or
invest and reinvest an amount equal to the sum so certified in such
securities as are now or may hereafter be duly authorized legal investments for state
employees retirement fund and all such securities so transferred or purchased shall must
be deposited with the commissioner of finance. All interest from these investments shall
must
be credited to the appropriate funds teachers retirement fund and used for current
purposes or investments, except as hereinafter provided. The State Board of Investment
shall have has authority to sell, convey, and exchange such securities and invest and
reinvest the funds when it deems it desirable to do so, and shall must sell securities upon
request of the officers of the association when such officers determine funds are needed
for its purposes. All of the provisions regarding accounting procedures and restrictions
and conditions for the purchase and sale of securities for the state employees retirement
fund shall
under chapter 11A must apply to the accounting, purchase and sale of securities
for the Teachers' Retirement Association.

Sec. 61.

Minnesota Statutes 2008, section 354.33, subdivision 5, is amended to read:


Subd. 5.

Retirees not eligible for federal benefits.

When any person retires after
July 1, 1973, who (1) has ten or more years of allowable service, and (2) does not have any
retroactive Social Security coverage by reason of the person's position in the retirement
system, and (3) does not qualify for federal old age and survivor primary benefits at the
time of retirement, the annuity must be computed under section 354.44, subdivision 2, of
the law in effect on June 30, 1969, except that accumulations after June 30, 1957, must be
calculated using the same most recent mortality table approved under section 356.215,
subdivision 18,
and interest assumption as are used to transfer the required reserves to the
Minnesota postretirement investment fund
using the applicable postretirement interest rate
assumption specified in section 356.215, subdivision 8
.

Sec. 62.

Minnesota Statutes 2008, section 354.35, is amended by adding a subdivision
to read:


Subd. 3.

Postretirement adjustment eligibility.

An annuity under this section is
eligible for postretirement adjustments under section 356.415.

Sec. 63.

Minnesota Statutes 2008, section 354.42, subdivision 1a, is amended to read:


Subd. 1a.

Teachers retirement fund.

(a) Within the Teachers Retirement
Association and the state treasury is created a special retirement fund, which must include
all the assets of the Teachers Retirement Association and all revenue of the association.
The fund is the continuation of the fund established under Laws 1931, chapter 406, section
2, notwithstanding the repeal of Minnesota Statutes 1973, section 354.42, subdivision 1,
by Laws 1974, chapter 289, section 59.

(b) The teachers retirement fund must be credited with all employee and employer
contributions, all investment revenue and gains, and all other income authorized by law.

(c) From the teachers retirement fund is appropriated the payments of annuities
and benefits authorized by this chapter, the transfers to the Minnesota postretirement
investment fund,
and the reasonable and necessary expenses of administering the fund
and the association.

Sec. 64.

Minnesota Statutes 2008, section 354.44, is amended by adding a subdivision
to read:


Subd. 7a.

Postretirement adjustment eligibility.

(a) A retirement annuity under
subdivision 2 or 6 is eligible for postretirement adjustments under section 356.415.

(b) Retirement annuities payable from the teachers retirement plan must not be in
an amount less than the amount originally determined on the date of retirement and as
adjusted on each succeeding January 1 under Minnesota Statutes 2008, section 11A.18,
before January 1, 2010, and under section 356.415 after December 31, 2009.

Sec. 65.

Minnesota Statutes 2008, section 354.46, is amended by adding a subdivision
to read:


Subd. 7.

Postretirement adjustment eligibility.

A survivor benefit under
subdivision 1, 2, 2a, or 2b, is eligible for postretirement adjustments under section 356.415.

Sec. 66.

Minnesota Statutes 2008, section 354.48, is amended by adding a subdivision
to read:


Subd. 11.

Postretirement adjustment eligibility.

A disability benefit under this
section is eligible for postretirement adjustments under section 356.415.

Sec. 67.

Minnesota Statutes 2008, section 354.55, subdivision 13, is amended to read:


Subd. 13.

Pre-1969 law retirements.

Any person who ceased teaching service
prior to July 1, 1968, who has ten years or more of allowable service and left accumulated
deductions in the fund for the purpose of receiving when eligible a retirement annuity,
and retires shall must have the annuity computed in accordance with the law in effect on
June 30, 1969, except that the portion of the annuity based on accumulations after June 30,
1957, under Minnesota Statutes 1967, section 354.44, subdivision 2, and accumulations
under Minnesota Statutes 1967, section 354.33, subdivision 1, shall must be calculated
using the mortality table established by the board under section 354.07, subdivision 1,
and approved under section 356.215, subdivision 18, and the postretirement interest rate
assumption specified in section 356.215, to transfer the required reserves to the Minnesota
postretirement investment fund
subdivision 8.

Sec. 68.

Minnesota Statutes 2008, section 354.70, subdivision 5, is amended to read:


Subd. 5.

Transfer of assets.

(a) On or before June 30, 2006, the chief administrative
officer of the Minneapolis Teachers Retirement Fund Association shall transfer to the
Teachers Retirement Association the entire assets of the special retirement fund of the
Minneapolis Teachers Retirement Fund Association. The transfer of the assets of the
Minneapolis Teachers Retirement Fund Association special retirement fund must include
any accounts receivable that are determined by the executive director of the State Board of
Investment as reasonably capable of being collected. Legal title to account receivables that
are determined by the executive director of the State Board of Investment as not reasonably
capable of being collected transfers to Special School District No. 1, Minneapolis, as of
the date of the determination of the executive director of the State Board of Investment.
If the account receivables transferred to Special School District No. 1, Minneapolis,
are subsequently recovered by the school district, the superintendent of Special School
District No. 1, Minneapolis, shall transfer the recovered amount to the executive director
of the Teachers Retirement Association, in cash, for deposit in the teachers retirement
fund, less the reasonable expenses of the school district related to the recovery.

(b) As of June 30, 2006, assets of the special retirement fund of the Minneapolis
Teachers Retirement Fund Association are assets of the Teachers Retirement Association
to be invested by the State Board of Investment pursuant to the provisions of section
354.07, subdivision 4. The Teachers Retirement Association is the successor in interest to
all claims which the Minneapolis Teachers Retirement Fund Association may have or may
assert against any person and is the successor in interest to all claims which could have
been asserted against the former Minneapolis Teachers Retirement Fund Association,
subject to the following exceptions and qualifications:

(1) the Teachers Retirement Association is not liable for any claim against the
Minneapolis Teachers Retirement Fund Association, its former board or board members,
which is founded upon a claim of breach of fiduciary duty, where the act or acts
constituting the claimed breach were not done in good faith;

(2) the Teachers Retirement Association may assert any applicable defense to any
claim in any judicial or administrative proceeding that the former Minneapolis Teachers
Retirement Fund Association or its board would otherwise have been entitled to assert;

(3) the Teachers Retirement Association may assert any applicable defense that the
Teachers Retirement Association may assert in its capacity as a statewide agency; and

(4) the Teachers Retirement Association shall indemnify any former fiduciary of the
Minneapolis Teachers Retirement Fund Association consistent with the provisions of the
Public Pension Fiduciary Responsibility Act, in section 356A.11.

(c) From the assets of the former Minneapolis Teachers Retirement Fund Association
transferred to the Teachers Retirement Association, an amount equal to the percentage
figure that represents the ratio between the market value of the Minnesota postretirement
investment fund as of June 30, 2006, and the required reserves of the Minnesota
postretirement investment fund as of June 30, 2006, applied to the present value of
future benefits payable to annuitants of the former Minneapolis Teachers Retirement
Fund Association as of June 30, 2006, including any postretirement adjustment from the
Minnesota postretirement investment fund expected to be payable on January 1, 2007,
must be transferred to the Minnesota postretirement investment fund. The executive
director of the State Board of Investment shall estimate this ratio at the time of the
transfer. By January 1, 2007, after all necessary financial information becomes available
to determine the actual funded ratio of the Minnesota postretirement investment fund, the
postretirement investment fund must refund to the Teachers Retirement Association any
excess assets or the Teachers Retirement Association must contribute any deficiency to
the Minnesota postretirement investment fund with interest under Minnesota Statutes
2008,
section 11A.18, subdivision 6. The balance of the assets of the former Minneapolis
Teachers Retirement Fund Association after the transfer to the Minnesota postretirement
investment fund must be credited to the Teachers Retirement Association.

(d) If the assets transferred by the Minneapolis Teachers Retirement Fund
Association to the Teachers Retirement Association are insufficient to meet its obligation
to the Minnesota postretirement investment fund, additional assets must be transferred by
the executive director of the Teachers Retirement Association to meet the amount required.

Sec. 69.

Minnesota Statutes 2008, section 354.70, subdivision 6, is amended to read:


Subd. 6.

Benefit calculation.

(a) For every deferred, inactive, disabled, and retired
member of the Minneapolis Teachers Retirement Fund Association transferred under
subdivision 1, and the survivors of these members, annuities or benefits earned before
the date of the transfer, other than future postretirement adjustments, must be calculated
and paid by the Teachers Retirement Association under the laws, articles of incorporation,
and bylaws of the former Minneapolis Teachers Retirement Fund Association that were
in effect relative to the person on the date of the person's termination of active service
covered by the former Minneapolis Teachers Retirement Fund Association.

(b) Former Minneapolis Teachers Retirement Fund Association members who
retired before July 1, 2006, must receive postretirement adjustments after December 31,
2006, only as provided in Minnesota Statutes 2008, section 11A.18 or section 356.415. All
other benefit recipients of the former Minneapolis Teachers Retirement Fund Association
must receive postretirement adjustments after December 31, 2006, only as provided in
section 356.41 356.415.

(c) This consolidation does not impair or diminish benefits for an active, deferred,
or retired member or a survivor of an active, deferred, or retired member under the
former Minneapolis Teachers Retirement Fund Association in existence at the time of the
consolidation, except that any future guaranteed or investment-related postretirement
adjustments must be paid after July 1, 2006, in accordance with paragraph (b), and all
benefits based on service on or after July 1, 2006, must be determined only by laws
governing the Teachers Retirement Association.

Sec. 70.

Minnesota Statutes 2008, section 356.215, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) For the purposes of sections 3.85 and 356.20 to
356.23, each of the terms in the following paragraphs has the meaning given.

(b) "Actuarial valuation" means a set of calculations prepared by an actuary retained
under section 356.214 if so required under section 3.85, or otherwise, by an approved
actuary, to determine the normal cost and the accrued actuarial liabilities of a benefit
plan, according to the entry age actuarial cost method and based upon stated assumptions
including, but not limited to rates of interest, mortality, salary increase, disability,
withdrawal, and retirement and to determine the payment necessary to amortize over a
stated period any unfunded accrued actuarial liability disclosed as a result of the actuarial
valuation of the benefit plan.

(c) "Approved actuary" means a person who is regularly engaged in the business of
providing actuarial services and who is a fellow in the Society of Actuaries.

(d) "Entry age actuarial cost method" means an actuarial cost method under which
the actuarial present value of the projected benefits of each individual currently covered
by the benefit plan and included in the actuarial valuation is allocated on a level basis over
the service of the individual, if the benefit plan is governed by section 69.773, or over the
earnings of the individual, if the benefit plan is governed by any other law, between the
entry age and the assumed exit age, with the portion of the actuarial present value which is
allocated to the valuation year to be the normal cost and the portion of the actuarial present
value not provided for at the valuation date by the actuarial present value of future normal
costs to be the actuarial accrued liability, with aggregation in the calculation process to be
the sum of the calculated result for each covered individual and with recognition given to
any different benefit formulas which may apply to various periods of service.

(e) "Experience study" means a report providing experience data and an actuarial
analysis of the adequacy of the actuarial assumptions on which actuarial valuations are
based.

(f) "Actuarial value of assets" means:

(1) For the July 1, 2009, actuarial valuation, the market value of all assets as of
the preceding June 30, 2009, reduced by:

(1) (i) 20 percent of the difference between the actual net change in the market value
of assets other than the Minnesota postretirement investment fund between the June 30
that occurred three years earlier, 2006, and the June 30 that occurred four years earlier,
2005,
and the computed increase in the market value of assets other than the Minnesota
postretirement investment fund
over that fiscal year period if the assets had increased at
the percentage preretirement interest rate assumption used in the actuarial valuation for
the July 1 that occurred four years earlier
earned a rate of return on assets equal to the
annual percentage preretirement interest rate assumption used in the actuarial valuation
for July 1, 2005
;

(2) (ii) 40 percent of the difference between the actual net change in the market
value of assets other than the Minnesota postretirement investment fund between the
June 30 that occurred two years earlier, 2007, and the June 30 that occurred three years
earlier
, 2006, and the computed increase in the market value of assets other than the
Minnesota postretirement investment fund
over that fiscal year period if the assets had
increased at the percentage preretirement interest rate assumption used in the actuarial
valuation for the July 1 that occurred three years earlier
earned a rate of return on assets
equal to the annual percentage preretirement interest rate assumption used in the actuarial
valuation for July 1, 2006
;

(3) (iii) 60 percent of the difference between the actual net change in the market
value of assets other than the Minnesota postretirement investment fund between the
June 30 that occurred one year earlier, 2008, and the June 30 that occurred two years
earlier
, 2007, and the computed increase in the market value of assets other than the
Minnesota postretirement investment fund
over that fiscal year period if the assets had
increased at the percentage preretirement interest rate assumption used in the actuarial
valuation for the July 1 that occurred two years earlier
earned a rate of return on assets
equal to the annual percentage preretirement interest rate assumption used in the actuarial
valuation for July 1, 2007
; and

(4) (iv) 80 percent of the difference between the actual net change in the market
value of assets other than the Minnesota postretirement investment fund between the
immediately prior
June 30, 2009, and the June 30 that occurred one year earlier, 2008,
and the computed increase in the market value of assets other than the Minnesota
postretirement investment fund
over that fiscal year period if the assets had increased at
the percentage preretirement interest rate assumption used in the actuarial valuation for
the July 1 that occurred one year earlier.
earned a rate of return on assets equal to the
annual percentage preretirement interest rate assumption used in the actuarial valuation
for July 1, 2008; and

(v) if applicable, 80 percent of the difference between the actual net change in the
market value of the Minnesota postretirement investment fund between June 30, 2009,
and June 30, 2008, and the computed increase in the market value of assets over that fiscal
year period if the assets had increased at 8.5 percent annually.

(2) For the July 1, 2010, actuarial valuation, the market value of all assets as of
June 30, 2010, reduced by:

(i) 20 percent of the difference between the actual net change in the market value of
assets other than the Minnesota postretirement investment fund between June 30, 2007,
and June 30, 2006, and the computed increase in the market value of assets other than the
Minnesota postretirement investment fund over that fiscal year period if the assets had
earned a rate of return on assets equal to the annual percentage preretirement interest rate
assumption used in the actuarial valuation for July 1, 2006;

(ii) 40 percent of the difference between the actual net change in the market value of
assets other than the Minnesota postretirement investment fund between June 30, 2008,
and June 30, 2007, and the computed increase in the market value of assets other than the
Minnesota postretirement investment fund over that fiscal year period if the assets had
earned a rate of return on assets equal to the annual percentage preretirement interest rate
assumption used in the actuarial valuation for July 1, 2007;

(iii) 60 percent of the difference between the actual net change in the market value
of assets other than the Minnesota postretirement investment fund between June 30, 2009,
and June 30, 2008, and the computed increase in the market value of assets other than the
Minnesota postretirement investment fund over that fiscal year period if the assets had
earned a rate of return on assets equal to the annual percentage preretirement interest rate
assumption used in the actuarial valuation for July 1, 2008;

(iv) 80 percent of the difference between the actual net change in the market value of
total assets between June 30, 2010, and June 30, 2009, and the computed increase in the
market value of total assets over that fiscal year period if the assets had earned a rate of
return on assets equal to the annual percentage preretirement interest rate assumption used
in the actuarial valuation for July 1, 2009; and

(v) if applicable, 60 percent of the difference between the actual net change in the
market value of the Minnesota postretirement investment fund between June 30, 2009,
and June 30, 2008, and the computed increase in the market value of assets over that fiscal
year period if the assets had increased at 8.5 percent annually.

(3) For the July 1, 2011, actuarial valuation, the market value of all assets as of
June 30, 2011, reduced by:

(i) 20 percent of the difference between the actual net change in the market value of
assets other than the Minnesota postretirement investment fund between June 30, 2008,
and June 30, 2007, and the computed increase in the market value of assets other than the
Minnesota postretirement investment fund over that fiscal year period if the assets had
earned a rate of return on assets equal to the annual percentage preretirement interest rate
assumption used in the actuarial valuation for July 1, 2007;

(ii) 40 percent of the difference between the actual net change in the market value of
assets other than the Minnesota postretirement investment fund between June 30, 2009,
and June 30, 2008, and the computed increase in the market value of assets other than the
Minnesota postretirement investment fund over that fiscal year period if the assets had
earned a rate of return on assets equal to the annual percentage preretirement interest rate
assumption used in the actuarial valuation for July 1, 2008;

(iii) 60 percent of the difference between the actual net change in the market value
of the total assets between June 30, 2010, and June 30, 2009, and the computed increase in
the market value of the total assets over that fiscal year period if the assets had earned
a rate of return on assets equal to the annual percentage preretirement interest rate
assumption used in the actuarial valuation for July 1, 2009;

(iv) 80 percent of the difference between the actual net change in the market value of
total assets between June 30, 2011, and June 30, 2010, and the computed increase in the
market value of total assets over that fiscal year period if the assets had earned a rate of
return on assets equal to the annual percentage preretirement interest rate assumption used
in the actuarial valuation for July 1, 2010; and

(v) if applicable, 40 percent of the difference between the actual net change in the
market value of the Minnesota postretirement investment fund between June 30, 2009,
and June 30, 2008, and the computed increase in the market value of assets over that fiscal
year period if the assets had increased at 8.5 percent annually.

(4) For the July 1, 2012, actuarial valuation, the market value of all assets as of
June 30, 2012, reduced by:

(i) 20 percent of the difference between the actual net change in the market value of
assets other than the Minnesota postretirement investment fund between June 30, 2009,
and June 30, 2008, and the computed increase in the market value of assets other than the
Minnesota postretirement investment fund over that fiscal year period if the assets had
earned a rate of return on assets equal to the annual percentage preretirement interest rate
assumption used in the actuarial valuation for July 1, 2008;

(ii) 40 percent of the difference between the actual net change in the market value of
total assets between June 30, 2010, and June 30, 2009, and the computed increase in the
market value of total assets over that fiscal year period if the assets had earned a rate of
return on assets equal to the annual percentage preretirement interest rate assumption used
in the actuarial valuation for July 1, 2009;

(iii) 60 percent of the difference between the actual net change in the market value
of total assets between June 30, 2011, and June 30, 2010, and the computed increase in the
market value of total assets over that fiscal year period if the assets had earned a rate of
return on assets equal to the annual percentage preretirement interest rate assumption used
in the actuarial valuation for July 1, 2010;

(iv) 80 percent of the difference between the actual net change in the market value of
total assets between June 30, 2012, and June 30, 2011, and the computed increase in the
market value of total assets over that fiscal year period if the assets had earned a rate of
return on assets equal to the annual percentage preretirement interest rate assumption used
in the actuarial valuation for July 1, 2011; and

(v) if applicable, 20 percent of the difference between the actual net change in the
market value of the Minnesota postretirement investment fund between June 30, 2009,
and June 30, 2008, and the computed increase in the market value of assets over that fiscal
year period if the assets had increased at 8.5 percent annually.

(5) For the July 1, 2013, and following actuarial valuations, the market value of all
assets as of the preceding June 30, reduced by:

(i) 20 percent of the difference between the actual net change in the market value
of total assets between the June 30 that occurred three years earlier and the June 30 that
occurred four years earlier and the computed increase in the market value of total assets
over that fiscal year period if the assets had earned a rate of return on assets equal to the
annual percentage preretirement interest rate assumption used in the actuarial valuation
for the July 1 that occurred four years earlier;

(ii) 40 percent of the difference between the actual net change in the market value
of total assets between the June 30 that occurred two years earlier and the June 30 that
occurred three years earlier and the computed increase in the market value of total assets
over that fiscal year period if the assets had earned a rate of return on assets equal to the
annual percentage preretirement interest rate assumption used in the actuarial valuation
for the July 1 that occurred three years earlier;

(iii) 60 percent of the difference between the actual net change in the market value
of total assets between the June 30 that occurred one year earlier and the June 30 that
occurred two years earlier and the computed increase in the market value of total assets
over that fiscal year period if the assets had earned a rate of return on assets equal to the
annual percentage preretirement interest rate assumption used in the actuarial valuation
for the July 1 that occurred two years earlier; and

(iv) 80 percent of the difference between the actual net change in the market value
of total assets between the most recent June 30 and the June 30 that occurred one year
earlier and the computed increase in the market value of total assets over that fiscal year
period if the assets had earned a rate of return on assets equal to the annual percentage
preretirement interest rate assumption used in the actuarial valuation for the July 1 that
occurred one year earlier.

(g) "Unfunded actuarial accrued liability" means the total current and expected
future benefit obligations, reduced by the sum of the actuarial value of assets and the
present value of future normal costs.

(h) "Pension benefit obligation" means the actuarial present value of credited
projected benefits, determined as the actuarial present value of benefits estimated to be
payable in the future as a result of employee service attributing an equal benefit amount,
including the effect of projected salary increases and any step rate benefit accrual rate
differences, to each year of credited and expected future employee service.

Sec. 71.

Minnesota Statutes 2008, section 356.215, subdivision 11, is amended to read:


Subd. 11.

Amortization contributions.

(a) In addition to the exhibit indicating
the level normal cost, the actuarial valuation of the retirement plan must contain an
exhibit for financial reporting purposes indicating the additional annual contribution
sufficient to amortize the unfunded actuarial accrued liability and must contain an exhibit
for contribution determination purposes indicating the additional contribution sufficient
to amortize the unfunded actuarial accrued liability. For the retirement plans listed in
subdivision 8, paragraph (c), the additional contribution must be calculated on a level
percentage of covered payroll basis by the established date for full funding in effect when
the valuation is prepared, assuming annual payroll growth at the applicable percentage
rate set forth in subdivision 8, paragraph (c). For all other retirement plans, the additional
annual contribution must be calculated on a level annual dollar amount basis.

(b) For any retirement plan other than the Minneapolis Employees Retirement Fund,
the general employees retirement plan of the Public Employees Retirement Association,
and the St. Paul Teachers Retirement Fund Association, if there has not been a change in
the actuarial assumptions used for calculating the actuarial accrued liability of the fund, a
change in the benefit plan governing annuities and benefits payable from the fund, a
change in the actuarial cost method used in calculating the actuarial accrued liability of all
or a portion of the fund, or a combination of the three, which change or changes by itself
or by themselves without inclusion of any other items of increase or decrease produce a
net increase in the unfunded actuarial accrued liability of the fund, the established date for
full funding is the first actuarial valuation date occurring after June 1, 2020.

(c) For any retirement plan other than the Minneapolis Employees Retirement
Fund and the general employees retirement plan of the Public Employees Retirement
Association, if there has been a change in any or all of the actuarial assumptions used
for calculating the actuarial accrued liability of the fund, a change in the benefit plan
governing annuities and benefits payable from the fund, a change in the actuarial cost
method used in calculating the actuarial accrued liability of all or a portion of the fund,
or a combination of the three, and the change or changes, by itself or by themselves and
without inclusion of any other items of increase or decrease, produce a net increase in the
unfunded actuarial accrued liability in the fund, the established date for full funding must
be determined using the following procedure:

(i) the unfunded actuarial accrued liability of the fund must be determined in
accordance with the plan provisions governing annuities and retirement benefits and the
actuarial assumptions in effect before an applicable change;

(ii) the level annual dollar contribution or level percentage, whichever is applicable,
needed to amortize the unfunded actuarial accrued liability amount determined under item
(i) by the established date for full funding in effect before the change must be calculated
using the interest assumption specified in subdivision 8 in effect before the change;

(iii) the unfunded actuarial accrued liability of the fund must be determined in
accordance with any new plan provisions governing annuities and benefits payable from
the fund and any new actuarial assumptions and the remaining plan provisions governing
annuities and benefits payable from the fund and actuarial assumptions in effect before
the change;

(iv) the level annual dollar contribution or level percentage, whichever is applicable,
needed to amortize the difference between the unfunded actuarial accrued liability amount
calculated under item (i) and the unfunded actuarial accrued liability amount calculated
under item (iii) over a period of 30 years from the end of the plan year in which the
applicable change is effective must be calculated using the applicable interest assumption
specified in subdivision 8 in effect after any applicable change;

(v) the level annual dollar or level percentage amortization contribution under item
(iv) must be added to the level annual dollar amortization contribution or level percentage
calculated under item (ii);

(vi) the period in which the unfunded actuarial accrued liability amount determined
in item (iii) is amortized by the total level annual dollar or level percentage amortization
contribution computed under item (v) must be calculated using the interest assumption
specified in subdivision 8 in effect after any applicable change, rounded to the nearest
integral number of years, but not to exceed 30 years from the end of the plan year in
which the determination of the established date for full funding using the procedure set
forth in this clause is made and not to be less than the period of years beginning in the
plan year in which the determination of the established date for full funding using the
procedure set forth in this clause is made and ending by the date for full funding in effect
before the change; and

(vii) the period determined under item (vi) must be added to the date as of which
the actuarial valuation was prepared and the date obtained is the new established date
for full funding.

(d) For the Minneapolis Employees Retirement Fund, the established date for full
funding is June 30, 2020.

(e) For the general employees retirement plan of the Public Employees Retirement
Association, the established date for full funding is June 30, 2031.

(f) For the Teachers Retirement Association, the established date for full funding is
June 30, 2037.

(g) For the correctional state employees retirement plan of the Minnesota State
Retirement System, the established date for full funding is June 30, 2038.

(h) For the judges retirement plan, the established date for full funding is June
30, 2038.

(i) For the public employees police and fire retirement plan, the established date
for full funding is June 30, 2038.

(j) For the St. Paul Teachers Retirement Fund Association, the established date for
full funding is June 30 of the 25th year from the valuation date. In addition to other
requirements of this chapter, the annual actuarial valuation shall contain an exhibit
indicating the funded ratio and the deficiency or sufficiency in annual contributions when
comparing liabilities to the market value of the assets of the fund as of the close of the
most recent fiscal year.

(k) For the retirement plans for which the annual actuarial valuation indicates an
excess of valuation assets over the actuarial accrued liability, the valuation assets in
excess of the actuarial accrued liability must be recognized as a reduction in the current
contribution requirements by an amount equal to the amortization of the excess expressed
as a level percentage of pay over a 30-year period beginning anew with each annual
actuarial valuation of the plan.

(l) In addition to calculating the unfunded actuarial accrued liability of the retirement
plan for financial reporting purposes under paragraphs (a) to (j), the actuarial valuation
of the retirement plan must also include a calculation of the unfunded actuarial accrued
liability of the retirement plan for purposes of determining the amortization contribution
sufficient to amortize the unfunded actuarial liability of the Minnesota Post Retirement
Investment Fund. For this exhibit, the calculation must be the unfunded actuarial accrued
liability net of the postretirement adjustment liability funded from the investment
performance of the Minnesota Post Retirement Investment Fund or the retirement benefit
fund.

Sec. 72.

Minnesota Statutes 2008, section 356.351, subdivision 2, is amended to read:


Subd. 2.

Incentive.

(a) For an employee eligible under subdivision 1, if approved
under paragraph (b), the employer may provide an amount up to $17,000, to an employee
who terminates service, to be used:

(1) unless the appointing authority has designated the use under clause (2) or the use
under clause (3) for the initial retirement incentive applicable to that employing entity
under Laws 2007, chapter 134, after May 26, 2007, for deposit in the employee's account
in the health care savings plan established by section 352.98;

(2) notwithstanding section 352.01, subdivision 11, or 354.05, subdivision 13,
whichever applies, if the appointing authority has designated the use under this clause
for the initial retirement incentive applicable to that employing entity under Laws 2007,
chapter 134, after May 26, 2007, for purchase of service credit for unperformed service
sufficient to enable the employee to retire under section 352.116, subdivision 1, paragraph
(b); 353.30; 354.44, subdivision 6, paragraph (b), or 354A.31, subdivision 6, paragraph
(b), whichever applies; or

(3) if the appointing authority has designated the use under this clause for the initial
retirement incentive applicable to the employing entity under Laws 2007, chapter 134,
after May 26, 2007, for purchase of a lifetime annuity or an annuity for a specific number
of years from the applicable retirement plan to provide additional benefits, as provided in
paragraph (d).

(b) Approval to provide the incentive must be obtained from the commissioner
of finance if the eligible employee is a state employee and must be obtained from the
applicable governing board with respect to any other employing entity. An employee is
eligible for the payment under paragraph (a), clause (2), if the employee uses money from
a deferred compensation account that, combined with the payment under paragraph (a),
clause (2), would be sufficient to purchase enough service credit to qualify for retirement
under section 352.116, subdivision 1, paragraph (b); 353.30, subdivision 1a; 354.44,
subdivision 6
, paragraph (b), or 354A.31, subdivision 6, paragraph (b), whichever applies.

(c) The cost to purchase service credit under paragraph (a), clause (2), must be
made in accordance with section 356.551.

(d) The annuity purchase under paragraph (a), clause (3), must be made using
annuity factors, as determined by the actuary retained under section 356.214, derived from
the applicable factors used by the applicable retirement plan to transfer amounts to the
Minnesota postretirement investment fund and
to calculate optional annuity forms. The
purchased annuity must be the actuarial equivalent of the incentive amount.

Sec. 73.

[356.415] POSTRETIREMENT ADJUSTMENTS; STATEWIDE
RETIREMENT PLANS.

Subdivision 1.

Annual postretirement adjustments.

(a) Retirement annuity,
disability benefit, or survivor benefit recipients of a covered retirement plan are entitled to
a postretirement adjustment annually on January 1, as follows:

(1) a postretirement increase of 2.5 percent must be applied each year, effective
January 1, to the monthly annuity or benefit of each annuitant or benefit recipient who has
been receiving an annuity or a benefit for at least 12 full months prior to the January 1
increase; and

(2) for each annuitant or benefit recipient who has been receiving an annuity or a
benefit for at least one full month, an annual postretirement increase of 1/12 of 2.5 percent
for each month the person has been receiving an annuity or benefit must be applied,
effective January 1 following the year in which the person has been retired for less than
12 months.

(b) The increases provided by this section commence on January 1, 2010.

(c) An increase in annuity or benefit payments under this section must be made
automatically unless written notice is filed by the annuitant or benefit recipient with the
executive director of the covered retirement plan requesting that the increase not be made.

(d) The retirement annuity payable to a person who retires before becoming eligible
for Social Security benefits and who has elected the optional payment as provided in
section 353.29, subdivision 6, or 354.35 must be treated as the sum of a period certain
retirement annuity and a life retirement annuity for the purposes of any postretirement
adjustment. The period certain retirement annuity plus the life retirement annuity must be
the annuity amount payable until age 62 for section 353.29, subdivision 6, or age 62, 65,
or normal retirement age, as selected by the member at retirement, for an annuity amount
payable under section 354.35. A postretirement adjustment granted on the period certain
retirement annuity must terminate when the period certain retirement annuity terminates.

Subd. 2.

Covered retirement plans.

The provisions of this section apply to the
following retirement plans:

(1) the legislators retirement plan established under chapter 3A;

(2) the correctional state employees retirement plan of the Minnesota State
Retirement System established under chapter 352;

(3) the general state employees retirement plan of the Minnesota State Retirement
System established under chapter 352;

(4) the State Patrol retirement plan established under chapter 352B;

(5) the elective state officers retirement plan established under chapter 352C;

(6) the general employees retirement plan of the Public Employees Retirement
Association established under chapter 353;

(7) the public employees police and fire retirement plan of the Public Employees
Retirement Association established under chapter 353;

(8) the local government correctional employees retirement plan of the Public
Employees Retirement Association established under chapter 353E;

(9) the teachers retirement plan established under chapter 354; and

(10) the judges retirement plan established under chapter 490.

Sec. 74.

Minnesota Statutes 2008, section 490.123, subdivision 1, is amended to read:


Subdivision 1.

Fund creation; revenue and authorized disbursements.

(a) There
is created a special fund to be known as the "judges' retirement fund."

(b) The judges' retirement fund must be credited with all contributions; all interest,
dividends, and other investment proceeds; and all other income authorized by this chapter
or other applicable law.

(c) From this fund there are appropriated the payments authorized by this chapter, in
the amounts and at the times provided, including the necessary and reasonable expenses of
the Minnesota State Retirement System in administering the fund and the transfers to the
Minnesota postretirement investment fund
.

Sec. 75.

Minnesota Statutes 2008, section 490.123, subdivision 3, is amended to read:


Subd. 3.

Investment.

(a) The executive director of the Minnesota State Retirement
System shall, from time to time, certify to the State Board of Investment such portions
of the judges' retirement fund as in the director's judgment may not be required for
immediate use.

(b) Assets from the judges' retirement fund must be transferred to the Minnesota
postretirement investment fund for retirement and disability benefits as provided in
sections 11A.18 and 352.119.

(c) (b) The State Board of Investment shall thereupon invest and reinvest sums so
transferred, or certified, in such securities as are duly authorized legal investments for such
purposes under section 11A.24 in compliance with sections 356A.04 and 356A.06.

Sec. 76.

Minnesota Statutes 2008, section 490.124, is amended by adding a subdivision
to read:


Subd. 14.

Postretirement adjustment eligibility.

A retirement annuity under
subdivision 1, 3, or 5, a disability benefit under subdivision 4, and a survivor's annuity
under subdivision 9 or 11 are eligible for postretirement adjustments under section
356.415.

Sec. 77. REPEALER.

Minnesota Statutes 2008, sections 11A.041; 11A.18; 11A.181; 352.119, subdivisions
2, 3, and 4; 352B.26, subdivisions 1 and 3; 353.271; 353A.02, subdivision 20; 353A.09,
subdivisions 2 and 3; 354.05, subdivision 26; 354.55, subdivision 14; 354.63; 356.41;
356.431, subdivision 2; 422A.01, subdivision 13; 422A.06, subdivision 4; and 490.123,
subdivisions 1c and 1e,
are repealed.

Sec. 78. EFFECTIVE DATE.

Sections 1 to 77 are effective July 1, 2009.

ARTICLE 2

DISABILITY BENEFIT PROVISION CHANGES

Section 1.

Minnesota Statutes 2008, section 43A.34, subdivision 4, is amended to read:


Subd. 4.

Officers exempted.

Notwithstanding any provision to the contrary, (a)
conservation officers and crime bureau officers who were first employed on or after July
1, 1973, and who are members of the State Patrol retirement fund by reason of their
employment, and members of the Minnesota State Patrol Division and Alcohol and
Gambling Enforcement Division of the Department of Public Safety who are members
of the State Patrol Retirement Association by reason of their employment, shall may not
continue employment after attaining the age of 60 years, except for a fractional portion
of one year that will enable the employee to complete the employee's next full year of
allowable service as defined pursuant to section 352B.01 352B.011, subdivision 3; and (b)
conservation officers and crime bureau officers who were first employed and are members
of the State Patrol retirement fund by reason of their employment before July 1, 1973,
shall may not continue employment after attaining the age of 70 years.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 2.

Minnesota Statutes 2008, section 299A.465, subdivision 1, is amended to read:


Subdivision 1.

Officer or firefighter disabled in line of duty.

(a) This subdivision
applies to any peace officer or firefighter:

(1) who the Public Employees Retirement Association or the Minnesota State
Retirement System
determines is eligible to receive a duty disability benefit pursuant to
section 353.656 or 352B.10, subdivision 1, respectively; or

(2) who (i) does not qualify to receive disability benefits by operation of the
eligibility requirements set forth in section 353.656, subdivision 1, paragraph (b), (ii)
retires pursuant to section 353.651, subdivision 4, or (iii) is a member of a local police or
salaried firefighters relief association and qualifies for a duty disability benefit under the
terms of plans of the relief associations, and the peace officer or firefighter described in
item (i), (ii), or (iii) has discontinued public service as a peace officer or firefighter as a
result of a disabling injury and has been determined, by the Public Employees Retirement
Association, to have otherwise met the duty disability criteria set forth in section 353.01,
subdivision 41.

(b) A determination made on behalf of a peace officer or firefighter described in
paragraph (a), clause (2), must be at the request of the peace officer or firefighter made for
the purposes of this section. Determinations made in accordance with paragraph (a) are
binding on the peace officer or firefighter, employer, and state. The determination must
be made by the executive director of the Public Employees Retirement Association or
by the executive director of the Minnesota State Retirement System, whichever applies,

and is not subject to section 356.96, subdivision 2. Upon making a determination, the
executive director shall provide written notice to the peace officer or firefighter and the
employer. This notice must include:

(1) a written statement of the reasons for the determination;

(2) a notice that the person may petition for a review of the determination by
requesting that a contested case be initiated before the Office of Administrative Hearings,
the cost of which must be borne by the peace officer or firefighter and the employer; and

(3) a statement that any person who does not petition for a review within 60 days
is precluded from contesting issues determined by the executive director in any other
administrative review or court procedure.

If, prior to the contested case hearing, additional information is provided to support the
claim for duty disability as defined in section 353.01, subdivision 41, or 352B.011,
subdivision 7, whichever applies,
the executive director may reverse the determination
without the requested hearing. If a hearing is held before the Office of Administrative
Hearings, the determination rendered by the judge conducting the fact-finding hearing
is a final decision and order under section 14.62, subdivision 2a, and is binding on the
applicable executive director, the peace officer or firefighter, employer, and state. Review
of a final determination made by the Office of Administrative Hearings under this section
may only be obtained by writ of certiorari to the Minnesota Court of Appeals under
sections 14.63 to 14.68. Only the peace officer or firefighter, employer, and state have
standing to participate in a judicial review of the decision of the Office of Administrative
Hearings.

(c) The officer's or firefighter's employer shall continue to provide health coverage
for:

(1) the officer or firefighter; and

(2) the officer's or firefighter's dependents if the officer or firefighter was receiving
dependent coverage at the time of the injury under the employer's group health plan.

(d) The employer is responsible for the continued payment of the employer's
contribution for coverage of the officer or firefighter and, if applicable, the officer's
or firefighter's dependents. Coverage must continue for the officer or firefighter and, if
applicable, the officer's or firefighter's dependents until the officer or firefighter reaches or,
if deceased, would have reached the age of 65. However, coverage for dependents does
not have to be continued after the person is no longer a dependent.

EFFECTIVE DATE.

This section is effective the day following final enactment
and also applies to any member of the State Patrol retirement plan who was awarded a
duty disability benefit on or after July 1, 2008.

Sec. 3.

Minnesota Statutes 2008, section 352.01, subdivision 2b, is amended to read:


Subd. 2b.

Excluded employees.

"State employee" does not include:

(1) students employed by the University of Minnesota, or the state colleges and
universities, unless approved for coverage by the Board of Regents of the University of
Minnesota or the Board of Trustees of the Minnesota State Colleges and Universities,
whichever is applicable;

(2) employees who are eligible for membership in the state Teachers Retirement
Association, except employees of the Department of Education who have chosen or may
choose to be covered by the general state employees retirement plan of the Minnesota
State Retirement System instead of the Teachers Retirement Association;

(3) employees of the University of Minnesota who are excluded from coverage by
action of the Board of Regents;

(4) officers and enlisted personnel in the National Guard and the naval militia who
are assigned to permanent peacetime duty and who under federal law are or are required to
be members of a federal retirement system;

(5) election officers;

(6) persons who are engaged in public work for the state but who are employed
by contractors when the performance of the contract is authorized by the legislature or
other competent authority;

(7) officers and employees of the senate, or of the house of representatives, or of a
legislative committee or commission who are temporarily employed;

(8) receivers, jurors, notaries public, and court employees who are not in the judicial
branch as defined in section 43A.02, subdivision 25, except referees and adjusters
employed by the Department of Labor and Industry;

(9) patient and inmate help in state charitable, penal, and correctional institutions
including the Minnesota Veterans Home;

(10) persons who are employed for professional services where the service is
incidental to their regular professional duties and whose compensation is paid on a per
diem basis;

(11) employees of the Sibley House Association;

(12) the members of any state board or commission who serve the state intermittently
and are paid on a per diem basis; the secretary, secretary-treasurer, and treasurer of those
boards if their compensation is $5,000 or less per year, or, if they are legally prohibited
from serving more than three years; and the board of managers of the State Agricultural
Society and its treasurer unless the treasurer is also its full-time secretary;

(13) state troopers and persons who are described in section 352B.01, subdivision 2
352B.011, subdivision 10
, clauses (2) to (6) (8);

(14) temporary employees of the Minnesota State Fair who are employed on or
after July 1 for a period not to extend beyond October 15 of that year; and persons who
are employed at any time by the state fair administration for special events held on the
fairgrounds;

(15) emergency employees who are in the classified service; except that if an
emergency employee, within the same pay period, becomes a provisional or probationary
employee on other than a temporary basis, the employee shall must be considered a "state
employee" retroactively to the beginning of the pay period;

(16) temporary employees in the classified service, and temporary employees in the
unclassified service who are appointed for a definite period of not more than six months
and who are employed less than six months in any one-year period;

(17) interns hired for six months or less and trainee employees, except those listed in
subdivision 2a, clause (8);

(18) persons whose compensation is paid on a fee basis or as an independent
contractor;

(19) state employees who are employed by the Board of Trustees of the Minnesota
State Colleges and Universities in unclassified positions enumerated in section 43A.08,
subdivision 1
, clause (9);

(20) state employees who in any year have credit for 12 months service as teachers
in the public schools of the state and as teachers are members of the Teachers Retirement
Association or a retirement system in St. Paul, Minneapolis, or Duluth, except for
incidental employment as a state employee that is not covered by one of the teacher
retirement associations or systems;

(21) employees of the adjutant general who are employed on an unlimited
intermittent or temporary basis in the classified or unclassified service for the support of
Army and Air National Guard training facilities;

(22) chaplains and nuns who 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 1986, as amended through December 31, 1992;

(23) examination monitors who are employed by departments, agencies,
commissions, and boards to conduct examinations required by law;

(24) persons who are appointed to serve as members of fact-finding commissions or
adjustment panels, arbitrators, or labor referees under chapter 179;

(25) temporary employees who are employed for limited periods under any state or
federal program for training or rehabilitation, including persons who are employed for
limited periods from areas of economic distress, but not including skilled and supervisory
personnel and persons having civil service status covered by the system;

(26) full-time students who are employed by the Minnesota Historical Society
intermittently during part of the year and full-time during the summer months;

(27) temporary employees who are appointed for not more than six months, of
the Metropolitan Council and of any of its statutory boards, if the board members are
appointed by the Metropolitan Council;

(28) persons who are employed in positions designated by the Department of
Finance as student workers;

(29) members of trades who are employed by the successor to the Metropolitan
Waste Control Commission, who have trade union pension plan coverage under a
collective bargaining agreement, and who are first employed after June 1, 1977;

(30) off-duty peace officers while employed by the Metropolitan Council;

(31) persons who are employed as full-time police officers by the Metropolitan
Council and as police officers are members of the public employees police and fire fund;

(32) persons who are employed as full-time firefighters by the Department of Military
Affairs and as firefighters are members of the public employees police and fire fund;

(33) foreign citizens with a work permit of less than three years, or an H-1b/JV visa
valid for less than three years of employment, unless notice of extension is supplied which
allows them to work for three or more years as of the date the extension is granted, in
which case they are eligible for coverage from the date extended; and

(34) persons who are employed by the Board of Trustees of the Minnesota State
Colleges and Universities and who elected to remain members of the Public Employees
Retirement Association or the Minneapolis Employees Retirement Fund, whichever
applies, under Minnesota Statutes 1994, section 136C.75.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 4.

Minnesota Statutes 2008, section 352.01, is amended by adding a subdivision
to read:


Subd. 17a.

Occupational disability.

"Occupational disability," for purposes of
determining eligibility for disability benefits for a correctional employee, means a
disabling condition that is expected to prevent the correctional employee, for a period of
not less than 12 months, from performing the normal duties of the position held by the
correctional employee.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 5.

Minnesota Statutes 2008, section 352.01, is amended by adding a subdivision
to read:


Subd. 17b.

Duty disability, physical or psychological.

"Duty disability, physical
or psychological," for a correctional employee, means an occupational disability that is the
direct result of an injury incurred during, or a disease arising out of, the performance of
normal duties or the performance of less frequent duties either of which are specific to
the correctional employee.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 6.

Minnesota Statutes 2008, section 352.01, is amended by adding a subdivision
to read:


Subd. 17c.

Regular disability, physical or psychological.

"Regular disability,
physical or psychological," for a correctional employee, means an occupational disability
resulting from a disease or an injury that arises from any activities while not at work or
from activities while at work performing normal or less frequent duties that do not present
inherent dangers specific to covered correctional positions.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 7.

Minnesota Statutes 2008, section 352.01, is amended by adding a subdivision
to read:


Subd. 17d.

Normal duties.

"Normal duties" means specific tasks designated in the
applicant's job description and which the applicant performs on a day-to-day basis, but
do not include less frequent duties which may be requested to be done by the employer
from time to time.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 8.

Minnesota Statutes 2008, section 352.01, is amended by adding a subdivision
to read:


Subd. 17e.

Less frequent duties.

"Less frequent duties" means tasks designated
in the applicant's job description as either required from time to time or as assigned, but
which are not carried out as part of the normal routine of the applicant's job.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 9.

Minnesota Statutes 2008, section 352.113, subdivision 4, is amended to read:


Subd. 4.

Medical or psychological examinations; authorization for payment of
benefit.

(a) An applicant shall provide medical, chiropractic, or psychological evidence to
support an application for total and permanent disability.

(b) The director shall have the employee examined by at least one additional
licensed chiropractor, physician, or psychologist designated by the medical adviser. The
chiropractors, physicians, or psychologists shall make written reports to the director
concerning the employee's disability including expert opinions as to whether the employee
is permanently and totally disabled within the meaning of section 352.01, subdivision 17.

(c) 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 as a
consequence the employee is not entitled to compensation from the employer.

(d) The medical adviser shall consider the reports of the physicians, psychologists,
and chiropractors and 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 within 180 days 18 months of filing the application, while still
in the employment of the state, and the propriety of authorizing payment of a disability
benefit as provided in this section.

(e) A terminated employee may apply for a disability benefit within 180 days 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.

(f) 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.

EFFECTIVE DATE.

This section is effective July 1, 2009, and applies to disability
benefit applicants whose last day of public employment was after June 30, 2009.

Sec. 10.

Minnesota Statutes 2008, section 352.95, subdivision 1, is amended to read:


Subdivision 1.

Job-related disability Duty disability; computation of benefit.

A covered correctional employee who becomes disabled and who is expected to be
physically or mentally unfit to perform the duties of the position for at least one year as a
direct result of an injury, sickness, or other disability that incurred in or arose out of any
act of duty that makes the employee physically or mentally unable to perform the duties
is
determined to have a duty disability, physical or psychological, as defined under section
352.01, subdivision 17b,
is entitled to a duty disability benefit. The duty disability benefit
may must be based on covered correctional service only. The duty disability benefit
amount is 50 percent of the average salary defined in section 352.93, plus an additional
percent equal to that specified in section 356.315, subdivision 5, for each year of covered
correctional service in excess of 20 years, ten months, prorated for completed months.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 11.

Minnesota Statutes 2008, section 352.95, subdivision 2, is amended to read:


Subd. 2.

Non-job-related Regular disability; computation of benefit.

A covered
correctional employee who was hired before July 1, 2009, after rendering at least one year
of covered correctional service, or a covered correctional employee who was first hired
after June 30, 2009, after rendering at least three years of covered correctional plan service
,
becomes disabled and who is expected to be physically or mentally unfit to perform the
duties of the position for at least one year because of sickness or injury that occurred while
not engaged in covered employment
and who is determined to have a regular disability,
physical or psychological, as defined under section 352.01, subdivision 17c,
is entitled
to a regular disability benefit. The regular disability benefit must be based on covered
correctional service only. The regular disability benefit must be computed as provided
in section 352.93, subdivisions 1 and 2, and. The regular disability benefit of a covered
correctional employee who was first hired before July 1, 2009, and who is determined
to have a regular disability, physical or psychological, under this subdivision
must be
computed as though the employee had at least 15 years of covered correctional service.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 12.

Minnesota Statutes 2008, section 352.95, subdivision 3, is amended to read:


Subd. 3.

Applying for benefits; accrual.

No application for disability benefits
shall may be made until after the last day physically on the job. The disability benefit
shall begin begins to accrue the day following the last day for which the employee is paid
sick leave or annual leave, but not earlier than 180 days before the date the application
is filed. A terminated employee must file a written application within the time frame
specified under section 352.113, subdivision 4, paragraph (e).

EFFECTIVE DATE.

This section is effective July 1, 2009, and applies to disability
benefit applicants whose last day of public employment was after June 30, 2009.

Sec. 13.

Minnesota Statutes 2008, 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, chiropractor, or psychologist who is designated by the medical adviser.
The physicians, chiropractors, 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 is disabled has an
occupational disability
within the meaning of this 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, chiropractors, or psychologists
and any other evidence supplied by the employee or others, the medical adviser finds that
the employee disabled has an occupational disability within the meaning of this section
352.01, subdivision 17a
, the advisor 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
is no longer disabled has an occupational disability, or because the employee has reached
either age 65 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 the an occupational
disability claimed. If any examination indicates to the medical adviser that the employee
is no longer disabled 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.

EFFECTIVE DATE.

This section is effective July 1, 2009, and applies to disability
benefit applicants whose last day of public employment was after June 30, 2009.

Sec. 14.

Minnesota Statutes 2008, section 352.95, subdivision 5, is amended to read:


Subd. 5.

Retirement status at normal retirement age.

The disability benefit paid
to a disabled correctional employee under this section shall terminate terminates at the end
of the month in which the employee reaches age 65 55, or the five-year anniversary of
the effective date of the disability benefit, whichever is later. If the disabled correctional
employee is still disabled when the employee reaches age 65 55, or the five-year
anniversary of the effective date of the disability benefit, whichever is later, the employee
shall must be deemed to be a retired employee. If the employee had elected an optional
annuity under subdivision 1a, the employee shall receive an annuity in accordance with
the terms of the optional annuity previously elected. If the employee had not elected an
optional annuity under subdivision 1a, the employee may within 90 days of attaining age
65 55 or reaching the five-year anniversary of the effective date of the disability benefit,
whichever is later, either elect to receive a normal retirement annuity computed in the
manner provided in section 352.93 or elect to receive an optional annuity as provided
in section 352.116, subdivision 3, based on the same length of service as used in the
calculation of the disability benefit. Election of an optional annuity must be made within
90 days before attaining age 65 55 or reaching the five-year anniversary of the effective
date of the disability benefit, whichever is later. If an optional annuity is elected, the
optional annuity shall begin begins to accrue on the first of the month following the month
in which the employee reaches age 65 55 or the five-year anniversary of the effective date
of the disability benefit, whichever is later.

EFFECTIVE DATE.

This section is effective July 1, 2009, and applies to disability
benefit applicants whose last day of public employment was after June 30, 2009.

Sec. 15.

[352B.011] DEFINITIONS.

Subdivision 1.

Scope.

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

Subd. 2.

Accumulated deductions.

"Accumulated deductions" means the total
sums deducted from the salary of a member and the total amount of assessments paid by
a member in place of deductions and credited to the member's individual account as
permitted by law without interest.

Subd. 3.

Allowable service.

(a) "Allowable service" means:

(1) service in a month during which a member is paid a salary from which a member
contribution is deducted, deposited, and credited in the State Patrol retirement fund;

(2) for members defined in subdivision 10, clause (1), service in any month for
which payments have been made to the State Patrol retirement fund under law; and

(3) for members defined in subdivision 10, clauses (2) and (3), service for which
payments have been made to the State Patrol retirement fund under law, service for which
payments were made to the State Police officers retirement fund under law after June
30, 1961, and all prior service which was credited to a member for service on or before
June 30, 1961.

(b) Allowable service also includes any period of absence from duty by a member
who, by reason of injury incurred in the performance of duty, is temporarily disabled and
for which disability the state is liable under the workers' compensation law, until the date
authorized by the executive director for commencement of payment of a disability benefit
or until the date of a return to employment.

Subd. 4.

Average monthly salary.

(a) Subject to the limitations of section 356.611,
"average monthly salary" means the average of the highest monthly salaries for five
years of service as a member upon which contributions were deducted from pay under
section 352B.02, or upon which appropriate contributions or payments were made to
the fund to receive allowable service and salary credit as specified under the applicable
law. Average monthly salary must be based upon all allowable service if this service is
less than five years.

(b) The salary used for the calculation of "average monthly salary" means the
salary of the member as defined in section 352.01, subdivision 13. The salary used for
the calculation of "average monthly salary" does not include any lump-sum annual leave
payments and overtime payments made at the time of separation from state service, any
amounts of severance pay, or any reduced salary paid during the period the person is
entitled to workers' compensation benefit payments for temporary disability.

Subd. 5.

Department head.

"Department head" means the head of any department,
institution, or branch of the state service that directly pays salaries from state funds
to a member who prepares, approves, and submits salary abstracts of employees to the
commissioner of Minnesota Management and Budget.

Subd. 6.

Dependent child.

"Dependent child" means a natural or adopted unmarried
child of a deceased member under the age of 18 years, including any child of the member
conceived during the lifetime of the member and born after the death of the member.

Subd. 7.

Duty disability.

"Duty disability" means a physical or psychological
condition that is expected to prevent a member, for a period of not less than 12 months,
from performing the normal duties of the position held by the person as a member of the
State Patrol retirement fund, and that is the direct result of any injury incurred during, or a
disease arising out of, the performance of normal duties or the actual performance of less
frequent duties, either of which are specific to protecting the property and personal safety
of others and that present inherent dangers that are specific to the positions covered by
the State Patrol retirement fund.

Subd. 8

Fund.

"Fund" means the State Patrol retirement fund.

Subd. 9.

Less frequent duties.

"Less frequent duties" means tasks which are
designated in the member's job description as either required from time to time or as
assigned, but which are not carried out as part of the normal routine of the member's
position.

Subd. 10.

Member.

"Member" means:

(1) a State Patrol member currently employed under section 299D.03 by the state,
who is a peace officer under section 626.84, and whose salary or compensation is paid
out of state funds;

(2) a conservation officer employed under section 97A.201, currently employed by
the state, whose salary or compensation is paid out of state funds;

(3) a crime bureau officer who was employed by the crime bureau and was a member
of the Highway Patrolmen's retirement fund on July 1, 1978, whether or not that person
has the power of arrest by warrant after that date, or who is employed as police personnel,
with powers of arrest by warrant under section 299C.04, and who is currently employed
by the state, and whose salary or compensation is paid out of state funds;

(4) a person who is employed by the state in the Department of Public Safety in a
data processing management position with salary or compensation paid from state funds,
who was a crime bureau officer covered by the State Patrol retirement plan on August
15, 1987, and who was initially hired in the data processing management position within
the department during September 1987, or January 1988, with membership continuing
for the duration of the person's employment in that position, whether or not the person
has the power of arrest by warrant after August 15, 1987;

(5) a public safety employee who is a peace officer under section 626.84, subdivision
1
, paragraph (c), and who is employed by the Division of Alcohol and Gambling
Enforcement under section 299L.01;

(6) a Fugitive Apprehension Unit officer after October 31, 2000, who is employed
by the Office of Special Investigations of the Department of Corrections and who is a
peace officer under section 626.84;

(7) an employee of the Department of Commerce defined as a peace officer in section
626.84, subdivision 1, paragraph (c), who is employed by the Division of Insurance Fraud
Prevention under section 45.0135 after January 1, 2005, and who has not attained the
mandatory retirement age specified in section 43A.34, subdivision 4; and

(8) an employee of the Department of Public Safety, who is a licensed peace officer
under section 626.84, subdivision 1, paragraph (c), and is employed as the statewide
coordinator of the Gang and Drug Oversight Council.

Subd. 11.

Normal duties.

"Normal duties" means specific tasks which are
designated in the member's job description and which the applicant performs on a
day-to-day basis, but do not include less frequent duties which may be requested to be
done by the employer from time to time.

Subd. 12.

Regular disability.

"Regular disability" means a physical or
psychological condition that is expected to prevent a member, for a period of not less than
12 months, from performing the normal duties of the position held by a person who is a
member of the State Patrol retirement plan, and which results from a disease or an injury
that arises from any activities while not at work, or while at work and performing those
normal or less frequent duties that do not present inherent dangers that are specific to the
occupations covered by the State Patrol retirement plan.

Subd. 13.

Surviving spouse.

"Surviving spouse" means a member's or former
member's legally married spouse who resided with the member or former member at the
time of death and was married to the member or former member, for a period of at least
one year, during or before the time of membership.

EFFECTIVE DATE.

(a) Except as provided in paragraph (b), this section is
effective July 1, 2009.

(b) Subdivision 3, paragraph (a), clause (1), is effective retroactively from July
1, 1969, and allowable service on the records of the State Patrol retirement plan credit
consistent with that provision is validated.

Sec. 16.

Minnesota Statutes 2008, section 352B.02, subdivision 1, is amended to read:


Subdivision 1.

Fund created; membership.

A State Patrol retirement fund is
established. Its membership consists of all persons defined in section 352B.01, subdivision
2
352B.011, subdivision 10.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 17.

[352B.085] SERVICE CREDIT FOR CERTAIN DISABILITY LEAVES
OF ABSENCE.

A member on leave of absence receiving temporary workers' compensation
payments and a reduced salary or no salary from the employer who is entitled to allowable
service credit for the period of absence under section 352B.011, subdivision 3, paragraph
(b), may make payment to the fund for the difference between salary received, if any,
and the salary that the member would normally receive if the member was not on leave
of absence during the period. The member shall pay an amount equal to the member
and employer contribution rate under section 352B.02, subdivisions 1b and 1c, on
the differential salary amount for the period of the leave of absence. The employing
department, at its option, may pay the employer amount on behalf of the member. Payment
made under this subdivision must include interest at the rate of 8.5 percent per year, and
must be completed within one year of the member's return from the leave of absence.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 18.

[352B.086] SERVICE CREDIT FOR UNIFORMED SERVICE.

(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 subdivision 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 subdivision.

(e) To receive allowable service credit under this subdivision, the contributions
specified in this section must 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 one
year, the contributions required under this subdivision to receive service credit must be
transmitted to the fund within one year from 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 a rate of
8.5 percent 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.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 19.

Minnesota Statutes 2008, section 352B.10, subdivision 1, is amended to read:


Subdivision 1.

Injuries; payment amounts Duty disability.

A member who
becomes disabled and who is expected to be physically or mentally unfit to perform duties
for at least one year as a direct result of an injury, sickness, or other disability that incurred
in or arose out of any act of duty
is determined to qualify for duty disability as defined in
section 352B.011, subdivision 7
, is entitled to receive a duty disability benefits benefit
while disabled. The benefits must be paid in monthly installments. The duty disability
benefit is an amount equal to the member's average monthly salary multiplied by 60
percent, plus an additional percent equal to that specified in section 356.315, subdivision
6
, for each year and pro rata for completed months of service in excess of 20 years, if any.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 20.

Minnesota Statutes 2008, section 352B.10, subdivision 2, is amended to read:


Subd. 2.

Disabled while not on duty Regular disability benefit.

If A member with
at least one year of service becomes disabled and is expected to be physically or mentally
unfit to perform the duties of the position for at least one year because of sickness or injury
that occurred while not engaged in covered employment, the individual
who qualifies for
a regular disability benefit as defined in section 352B.011, subdivision 12,
is entitled to
a regular disability benefits benefit. The regular disability benefit must be computed as if
the individual were 55 years old at the date of disability and as if the annuity was payable
under section 352B.08. If a regular disability under this subdivision occurs after one year
of service but before 15 years of service, the regular disability benefit must be computed
as though the individual had credit for 15 years of service.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 21.

Minnesota Statutes 2008, section 352B.10, is amended by adding a
subdivision to read:


Subd. 2a.

Applying for benefits; accrual.

No application for disability benefits
shall be made until after the last day physically on the job. The disability benefit begins to
accrue the day following the last day for which the employee is paid sick leave or annual
leave but not earlier than 180 days before the date the application is filed. A member
who is terminated must file a written application within the time frame specified under
section 352.113, subdivision 4, paragraph (e).

EFFECTIVE DATE.

This section is effective July 1, 2009, and applies to disability
benefit applicants whose last day of public employment was after June 30, 2009.

Sec. 22.

Minnesota Statutes 2008, section 352B.10, subdivision 5, is amended to read:


Subd. 5.

Optional annuity.

A disabilitant may elect, in lieu of spousal survivorship
coverage under section 352B.11, subdivisions 2b and 2c, the normal disability benefit or
an optional annuity as provided in section 352B.08, subdivision 3. The choice of an
optional annuity must be made in writing, on a form prescribed by the executive director,
and must be made before the commencement of the payment of the disability benefit, or
within 90 days before reaching age 65 55 or before reaching the five-year anniversary
of the effective date of the disability benefit, whichever is later. The optional annuity
is effective on the date on which the disability benefit begins to accrue, or the month
following the attainment of age 65 55 or following the five-year anniversary of the
effective date of the disability benefit, whichever is later.

EFFECTIVE DATE.

This section is effective July 1, 2009, and applies to disability
benefit applicants whose last day of public employment was after June 30, 2009.

Sec. 23.

Minnesota Statutes 2008, section 352B.11, subdivision 2, is amended to read:


Subd. 2.

Death; payment to dependent children; family maximums.

(a) Each
dependent child, as defined in section 352B.01, subdivision 10 352B.011, subdivision 6, is
entitled to receive a monthly annuity equal to ten percent of the average monthly salary
of the deceased member.

(b) A dependent child over 18 and under 23 years of age also may receive the
monthly benefit provided in this section if the child is continuously attending an accredited
school as a full-time student during the normal school year as determined by the director.
If the child does not continuously attend school, but separates from full-time attendance
during any part of a school year, the annuity must cease at the end of the month of
separation.

(c) In addition, a payment of $20 per month must be prorated equally to the
surviving dependent children when the former member is survived by more than one
dependent child.

(d) Payments for the benefit of any dependent child must be made to the surviving
spouse, or if there is none, to the legal guardian of the child.

(e) The monthly benefit for any one family, including a surviving spouse benefit, if
applicable, must not be less than 50 percent nor exceed 70 percent of the average monthly
salary of the deceased member.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 24. REPEALER.

Minnesota Statutes 2008, section 352B.01, subdivisions 1, 2, 3, 3b, 4, 6, 7, 9, 10,
and 11,
are repealed.

EFFECTIVE DATE.

This section is effective July 1, 2009.

ARTICLE 3

STATE CORRECTIONAL RETIREMENT PLAN

MEMBERSHIP CHANGES

Section 1.

Minnesota Statutes 2008, section 352.91, subdivision 3d, is amended to read:


Subd. 3d.

Other correctional personnel.

(a) "Covered correctional service" means
service by a state employee in one of the employment positions at a correctional facility or
at the Minnesota Security Hospital specified in paragraph (b) if at least 75 percent of the
employee's working time is spent in direct contact with inmates or patients and the fact of
this direct contact is certified to the executive director by the appropriate commissioner.

(b) The employment positions are:

(1) automotive mechanic;

(2) baker;

(2) (3) central services administrative specialist, intermediate;

(3) (4) central services administrative specialist, principal;

(4) (5) chaplain;

(5) (6) chief cook;

(6) (7) cook;

(7) (8) cook coordinator;

(8) (9) corrections program therapist 1;

(9) (10) corrections program therapist 2;

(10) (11) corrections program therapist 3;

(11) (12) corrections program therapist 4;

(12) (13) corrections inmate program coordinator;

(13) (14) corrections transitions program coordinator;

(14) (15) corrections security caseworker;

(15) (16) corrections security caseworker career;

(16) (17) corrections teaching assistant;

(17) (18) delivery van driver;

(18) (19) dentist;

(19) (20) electrician supervisor;

(20) (21) general maintenance worker lead;

(21) (22) general repair worker;

(22) (23) library/information research services specialist;

(23) (24) library/information research services specialist senior;

(24) (25) library technician;

(25) (26) painter lead;

(26) (27) plant maintenance engineer lead;

(27) (28) plumber supervisor;

(28) (29) psychologist 1;

(29) (30) psychologist 3;

(30) (31) recreation therapist;

(31) (32) recreation therapist coordinator;

(32) (33) recreation program assistant;

(33) (34) recreation therapist senior;

(34) (35) sports medicine specialist;

(35) (36) work therapy assistant;

(36) (37) work therapy program coordinator; and

(37) (38) work therapy technician.

EFFECTIVE DATE.

This section is effective retroactively from May 29, 2007.

Sec. 2. MSRS-CORRECTIONAL; ELIMINATION OF CERTAIN POSITION
FROM COVERAGE.

Notwithstanding any provision of Minnesota Statutes, section 352.91, to the contrary,
including Minnesota Statutes, section 352.91, subdivision 2, "covered correctional service"
does not mean service rendered by a state employee as an automotive mechanic lead.

EFFECTIVE DATE.

This section is effective the day following final enactment.

ARTICLE 4

ADMINISTRATIVE PROVISIONS

Section 1.

Minnesota Statutes 2008, section 43A.346, subdivision 2, is amended to
read:


Subd. 2.

Eligibility.

(a) This section applies to a terminated state employee who:

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

(2) terminated state or Metropolitan Council employment;

(3) at the time of termination under clause (2), met the age and service requirements
necessary to receive an unreduced retirement annuity from the plan and satisfied
requirements for the commencement of the retirement annuity or, for a terminated
employee under the unclassified employees retirement plan, met the age and service
requirements necessary to receive an unreduced retirement annuity from the plan and
satisfied requirements for the commencement of the retirement annuity or elected a
lump-sum payment; and

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

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

(c) For purposes of this section, as it applies to staff state employees who are
members
of the Public Employees Retirement Association who are at least age 62, the
length of separation requirement and termination of service requirement prohibiting return
to work agreements under section 353.01, subdivisions 11a and 28, are not applicable.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 2.

Minnesota Statutes 2008, section 43A.346, subdivision 6, is amended to read:


Subd. 6.

Duration.

Postretirement option employment shall be is for an initial
period not to exceed one year. During that period, the appointing authority may not
modify the conditions specified in the written offer without the person's consent, except as
required by law or by the collective bargaining agreement or compensation plan applicable
to the person. At the end of the initial period, the appointing authority has sole discretion
to determine if the offer of a postretirement option position will be renewed, renewed
with modifications, or terminated. If the person is under age 62, an offer of renewal
and any related verbal offer or agreement must not be made until at least 30 days after
termination of the person's previous postretirement option employment.
Postretirement
option employment may be renewed for periods of up to one year, not to exceed a total
duration of five years. No person shall may be employed in one or a combination of
postretirement option positions under this section for a total of more than five years.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 3.

Minnesota Statutes 2008, section 352B.02, subdivision 1a, is amended to read:


Subd. 1a.

Member contributions.

(a) Each The member shall pay a sum equal to
the following
contribution is 10.40 percent of the member's salary, which constitutes the
member contribution to the fund:
.

before July 1, 2007
8.40
from July 1, 2007, to June 30, 2008
9.10
from July 1, 2008, to June 30, 2009
9.80
from July 1, 2009, and thereafter
10.40.

(b) These contributions must be made by deduction from salary as provided in
section 352.04, subdivision 4.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 4.

Minnesota Statutes 2008, section 352B.02, subdivision 1c, is amended to read:


Subd. 1c.

Employer contributions.

(a) In addition to member contributions,
department heads shall pay a sum equal to the following 15.60 percent of the salary upon
which deductions were made, which shall constitute constitutes the employer contribution
to the fund:.

before July 1, 2007
12.60
from July 1, 2007, to June 30, 2008
13.60
from July 1, 2008, to June 30, 2009
14.60
from July 1, 2009, and thereafter
15.60.

(b) Department contributions must be paid out of money appropriated to departments
for this purpose.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 5.

Minnesota Statutes 2008, section 353.01, subdivision 16, is amended to read:


Subd. 16.

Allowable service; limits and computation.

(a) "Allowable service"
means:

(1) service during years of actual membership in the course of which employee
deductions were withheld from salary and contributions were made, at the applicable rates
under section 353.27, 353.65, or 353E.03;

(2) periods of service covered by payments in lieu of salary deductions under section
sections 353.27, subdivision 12, and
353.35;

(2) (3) service in years during which the public employee was not a member but for
which the member later elected, while a member, to obtain credit by making payments to
the fund as permitted by any law then in effect;

(3) (4) a period of authorized leave of absence with pay from which deductions for
employee contributions are made, deposited, and credited to the fund;

(4) (5) a period of authorized personal, parental, or medical leave of absence without
pay, including a leave of absence covered under the federal Family Medical Leave Act,
that does not exceed one year, and for which a member obtained service credit for each
month in the leave period by payment under section 353.0161 to the fund made in place of
salary deductions. An employee must return to public service and render a minimum of
three months of allowable service in order to be eligible to make payment under section
353.0161 for a subsequent authorized leave of absence without pay. Upon payment, the
employee must be granted allowable service credit for the purchased period;

(5) (6) a periodic, repetitive leave that is offered to all employees of a governmental
subdivision. The leave program may not exceed 208 hours per annual normal work
cycle as certified to the association by the employer. A participating member obtains
service credit by making employee contributions in an amount or amounts based on the
member's average salary that would have been paid if the leave had not been taken. The
employer shall pay the employer and additional employer contributions on behalf of the
participating member. The employee and the employer are responsible to pay interest on
their respective shares at the rate of 8.5 percent a year, compounded annually, from the
end of the normal cycle until full payment is made. An employer shall also make the
employer and additional employer contributions, plus 8.5 percent interest, compounded
annually, on behalf of an employee who makes employee contributions but terminates
public service. The employee contributions must be made within one year after the end of
the annual normal working cycle or within 20 30 days after termination of public service,
whichever is sooner. The executive director shall prescribe the manner and forms to be
used by a governmental subdivision in administering a periodic, repetitive leave. Upon
payment, the member must be granted allowable service credit for the purchased period;

(6) (7) an authorized temporary or seasonal layoff under subdivision 12, limited
to three months allowable service per authorized temporary or seasonal layoff in one
calendar year. An employee who has received the maximum service credit allowed for an
authorized temporary or seasonal layoff must return to public service and must obtain a
minimum of three months of allowable service subsequent to the layoff in order to receive
allowable service for a subsequent authorized temporary or seasonal layoff; or

(7) (8) a period during which a member is absent from employment by a
governmental subdivision by reason of service in the uniformed services, as defined in
United States Code, title 38, section 4303(13), if the member returns to public service with
the same governmental subdivision
upon discharge from service in the uniformed service
within the time frames required under United States Code, title 38, section 4312(e),
provided that the member did not separate from uniformed service with a dishonorable or
bad conduct discharge or under other than honorable conditions. The service is credited
if the member pays into the fund equivalent employee contributions 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 member would have received if the member had continued to be employed in covered
employment 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
period of the uniformed service. Payment of the member equivalent contributions must
be made during a period that begins with the date on which the individual returns to
public employment and that is three times the length of the military leave period, or
within five years of the date of discharge from the military service, whichever is less. If
the determined payment period is less than one year, the contributions required under
this clause to receive service credit may be made within one year of the discharge date.
Payment may not be accepted following 20 30 days after termination of public service
under subdivision 11a. If the member equivalent contributions provided for in this clause
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 clause. The equivalent employer contribution,
and, if applicable, the equivalent additional employer contribution must be paid by the
governmental subdivision employing the member if the member makes the equivalent
employee contributions. The employer payments must be made from funds available to
the employing unit, 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 member contribution. The
governmental subdivision involved may appropriate money for those payments. 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. The
employing unit shall pay interest on all equivalent member and employer contribution
amounts payable under this clause. Interest must be computed at a rate of 8.5 percent
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. Upon payment, the employee
must be granted allowable service credit for the purchased period.; or

(9) a period specified under subdivision 40.

(b) For calculating benefits under sections 353.30, 353.31, 353.32, and 353.33 for
state officers and employees displaced by the Community Corrections Act, chapter 401,
and transferred into county service under section 401.04, "allowable service" means the
combined years of allowable service as defined in paragraph (a), clauses (1) to (6), and
section 352.01, subdivision 11.

(c) For a public employee who has prior service covered by a local police or
firefighters relief association that has consolidated with the Public Employees Retirement
Association or to which section 353.665 applies, and who has elected the type of benefit
coverage provided by the public employees police and fire fund either under section
353A.08 following the consolidation or under section 353.665, subdivision 4, "applicable
service" is a period of service credited by the local police or firefighters relief association
as of the effective date of the consolidation based on law and on bylaw provisions
governing the relief association on the date of the initiation of the consolidation procedure.

(d) No member may receive more than 12 months of allowable service credit in a
year either for vesting purposes or for benefit calculation purposes.

(e) MS 2002 [Expired]

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 6.

Minnesota Statutes 2008, section 353.01, subdivision 16b, is amended to read:


Subd. 16b.

Uncredited military service credit purchase.

(a) A public employee
who has at least three years of allowable service with the Public Employees Retirement
Association or the public employees police and fire plan and who performed service in the
United States armed forces before becoming a public employee, or who failed to obtain
service credit for a military leave of absence under subdivision 16, paragraph (h) (a),
clause 7
, is entitled to purchase allowable service credit for the initial period of enlistment,
induction, or call to active duty without any voluntary extension by making payment under
section 356.551. This authority is voided if the public employee has not purchased service
credit from any other Minnesota defined benefit public employee pension plan, other than
a volunteer fire plan,
for the same period of service, or if the separation from the United
States armed forces was under less than honorable conditions
.

(b) A public employee who desires to purchase service credit under paragraph
(a) must apply with the executive director to make the purchase. The application must
include all necessary documentation of the public 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.

(c) Allowable service credit for the purchase period must be granted by the
Public Employees Retirement Association or the public employees police and fire plan,
whichever applies, to the purchasing public employee upon receipt of the purchase
payment amount. Payment must be made before the effective date of retirement of the
public employee employee's termination of public service or termination of membership,
whichever is earlier
.

(d) This subdivision is repealed July 1, 2013.

EFFECTIVE DATE.

This section is effective the day after final enactment.

Sec. 7.

Minnesota Statutes 2008, section 353.0161, subdivision 1, is amended to read:


Subdivision 1.

Application.

This section applies to employees covered by any plan
specified in this chapter or chapter 353E for any period of authorized leave of absence
specified in section 353.01, subdivision 16, paragraph (a), clause (4) (5), for which the
employee obtains credit for allowable service by making payment as specified in this
section to the applicable fund.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 8.

Minnesota Statutes 2008, section 353.03, subdivision 3a, is amended to read:


Subd. 3a.

Executive director.

(a) Appointment. The board shall appoint an
executive director on the basis of education, experience in the retirement field, and
leadership ability. The executive director must have had at least five years' experience in
an executive level management position, which has included responsibility for pensions,
deferred compensation, or employee benefits. The executive director serves at the pleasure
of the board. The salary of the executive director is as provided by section 15A.0815.

(b) Duties. The management of the association is vested in the executive director
who shall be the executive and administrative head of the association. The executive
director shall act as adviser to the board on all matters pertaining to the association and
shall also act as the secretary of the board. The executive director shall:

(1) attend all meetings of the board;

(2) prepare and recommend to the board appropriate rules to carry out the provisions
of this chapter;

(3) establish and maintain an adequate system of records and accounts following
recognized accounting principles and controls;

(4) designate, with the approval of the board, up to two persons who may serve in
the unclassified service and whose salaries are set in accordance with section 43A.18,
subdivision 3
, appoint a confidential secretary in the unclassified service, and appoint
employees to carry out this chapter, who are subject to chapters 43A and 179A in the same
manner as are executive branch employees;

(5) organize the work of the association as the director deems necessary to fulfill
the functions of the association, and define the duties of its employees and delegate to
them any powers or duties, subject to the control of, and under such conditions as, the
executive director may prescribe;

(6) with the approval of the board, contract for the services of an approved actuary,
professional management services, and any other consulting services as necessary to fulfill
the purposes of this chapter. All contracts are subject to chapter 16C. The commissioner
of administration shall not approve, and the association shall not enter into, any contract
to provide lobbying services or legislative advocacy of any kind. Any approved actuary
retained by the executive director shall function as the actuarial advisor of the board and
the executive director and may perform actuarial valuations and experience studies to
supplement those performed by the actuary retained
. In addition to filing requirements
under section 356.214., any supplemental actuarial valuations or experience studies shall
be filed with the executive director of the Legislative Commission on Pensions and
Retirement. Copies of professional management survey reports shall be transmitted to the
secretary of the senate, the chief clerk of the house of representatives, and the Legislative
Reference Library as provided by section 3.195, and to the executive director of the
commission at the same time as reports are furnished to the board. Only management
firms experienced in conducting management surveys of federal, state, or local public
retirement systems shall be qualified to contract with the director hereunder;

(7) with the approval of the board provide in-service training for the employees
of the association;

(8) make refunds of accumulated contributions to former members and to the
designated beneficiary, surviving spouse, legal representative or next of kin of deceased
members or deceased former members, as provided in this chapter;

(9) determine the amount of the annuities and disability benefits of members covered
by the association and authorize payment of the annuities and benefits beginning as of
the dates on which the annuities and benefits begin to accrue, in accordance with the
provisions of this chapter;

(10) pay annuities, refunds, survivor benefits, salaries, and necessary operating
expenses of the association;

(11) prepare and submit to the board and the legislature an annual financial report
covering the operation of the association, as required by section 356.20;

(12) prepare and submit biennial and annual budgets to the board for its approval
and submit the approved budgets to the Department of Finance for approval by the
commissioner;

(13) reduce all or part of the accrued interest payable under section 353.27,
subdivisions 12, 12a, and 12b
, or 353.28, subdivision 5, upon receipt of proof by the
association of an unreasonable processing delay or other extenuating circumstances of
the employing unit; and notwithstanding section 353.27, subdivision 7, may waive the
payment of accrued interest to the member if a credit has been taken by the employer to
correct an employee deduction taken in error and if the accrued interest is $10 or less
.
The executive director shall prescribe and submit for approval by the board the conditions
under which such interest may be reduced; and

(14) with the approval of the board, perform such other duties as may be required for
the administration of the association and the other provisions of this chapter and for the
transaction of its business.

EFFECTIVE DATE.

This section is effective the day after final enactment.

Sec. 9.

Minnesota Statutes 2008, section 353.27, subdivision 2, is amended to read:


Subd. 2.

Employee contribution.

(a) For a basic member, the employee
contribution is the following applicable percentage of the total 9.10 percent of salary
amount for a "basic member" and
. For a "coordinated member": coordinated member,
the employee contribution is six percent of salary plus any contribution rate adjustment
under subdivision 3b.

Basic Program
Coordinated Program
Effective before January 1, 2006
9.10
5.10
Effective January 1, 2006
9.10
5.50
Effective January 1, 2007
9.10
5.75
Effective January 1, 2008
9.10
6.00 plus any contribution
rate adjustment under
subdivision 3b

(b) These contributions must be made by deduction from salary as defined in section
353.01, subdivision 10, in the manner provided in subdivision 4. If any portion of a
member's salary is paid from other than public funds, the member's employee contribution
must be based on the total salary received by the member from all sources.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 10.

Minnesota Statutes 2008, section 353.27, subdivision 3, is amended to read:


Subd. 3.

Employer contribution.

(a) For a basic member, the employer
contribution is the following applicable percentage of the total 9.10 percent of salary
amount for "basic members" and. For "coordinated members": a coordinated member,
the employer contribution is six percent of salary plus any contribution rate adjustment
under subdivision 3b.

Basic Program
Coordinated Program
Effective before January 1, 2006
9.10
5.10
Effective January 1, 2006
9.10
5.50
Effective January 1, 2007
9.10
5.75
Effective January 1, 2008
9.10
6.00 plus any contribution
rate adjustment under
subdivision 3b

(b) This contribution must be made from funds available to the employing
subdivision by the means and in the manner provided in section 353.28.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 11.

Minnesota Statutes 2008, section 353.27, subdivision 7, is amended to read:


Subd. 7.

Adjustment for erroneous receipts or disbursements.

(a) Except
as provided in paragraph (b), erroneous employee deductions and erroneous employer
contributions and additional employer contributions for a person, who otherwise does not
qualify for membership under this chapter, are considered:

(1) valid if the initial erroneous deduction began before January 1, 1990. Upon
determination of the error by the association, the person may continue membership in the
association while employed in the same position for which erroneous deductions were
taken, or file a written election to terminate membership and apply for a refund upon
termination of public service or defer an annuity under section 353.34; or

(2) invalid, if the initial erroneous employee deduction began on or after January 1,
1990. Upon determination of the error, the association shall refund all erroneous employee
deductions and all erroneous employer contributions as specified in paragraph (d) (e). No
person may claim a right to continued or past membership in the association based on
erroneous deductions which began on or after January 1, 1990.

(b) Erroneous deductions taken from the salary of a person who did not qualify
for membership in the association by virtue of concurrent employment before July 1,
1978, which required contributions to another retirement fund or relief association
established for the benefit of officers and employees of a governmental subdivision, are
invalid. Upon discovery of the error, the association shall remove all invalid service and,
upon termination of public service, the association shall refund all erroneous employee
deductions to the person, with interest as determined under section 353.34, subdivision 2,
and all erroneous employer contributions without interest to the employer. This paragraph
has both retroactive and prospective application.

(c) Adjustments to correct employer contributions and employee deductions taken in
error from amounts which are not salary under section 353.01, subdivision 10, are invalid
upon discovery by the association and
must be refunded made as specified in paragraph
(d) (e). The period of adjustment must be limited to the fiscal year in which the error is
discovered by the association and the immediate two preceding fiscal years
.

(d) If there is evidence of fraud or other misconduct on the part of the employee or
the employer, the board of trustees may authorize adjustments to the account of a member
or former member to correct erroneous employee deductions and employer contributions
on invalid salary and the recovery of any overpayments for a period longer than provided
for under paragraph (c).

(d) (e) Upon discovery of the receipt of erroneous employee deductions and
employer contributions under paragraph (a), clause (2), or paragraph (c), the association
must require the employer to discontinue the erroneous employee deductions and
erroneous employer contributions reported on behalf of a member. Upon discontinuation,
the association either must refund :

(1) for a member, provide a refund or credit to the employer in the amount of the
invalid employee deductions to the person without interest and with interest on the invalid
employee deductions at the rate specified under section 353.34, subdivision 2, from the
received date of each invalid salary transaction through the date the credit or refund is
made; and the employer must pay the refunded employee deductions plus interest to the
member;

(2) for a former member who:

(i) is not receiving a retirement annuity or benefit, return the erroneous employee
deductions to the former member through a refund with interest at the rate specified under
section 353.34, subdivision 2, from the received date of each invalid salary transaction
through the date the credit or refund is made; or

(ii) is receiving a retirement annuity or disability benefit, or a person who is
receiving an optional annuity or survivor benefit, for whom it has been determined an
overpayment must be recovered, adjust the payment amount and recover the overpayments
as provided under this section; and

(3) return the invalid employer contributions reported on behalf of a member
or former member
to the employer or provide by providing a credit against future
contributions payable by the employer for the amount of all erroneous deductions and
contributions. If the employing unit receives a credit under this paragraph, the employing
unit is responsible for refunding to the applicable employee any amount that had been
erroneously deducted from the person's salary. In the event that a retirement annuity or
disability benefit has been computed using invalid service or salary, the association must
adjust the annuity or benefit and recover any overpayment under subdivision 7b
.

(e) (f) In the event that a salary warrant or check from which a deduction for the
retirement fund was taken has been canceled or the amount of the warrant or check
returned to the funds of the department making the payment, a refund of the sum
deducted, or any portion of it that is required to adjust the deductions, must be made
to the department or institution.

(f) Any refund to a member under this subdivision that is reasonably determined
to cause the plan to fail to be a qualified plan under section 401(a) of the federal
Internal Revenue Code, as amended, may not be refunded and instead must be credited
against future contributions payable by the employer. The employer receiving the
credit is responsible for refunding to the applicable employee any amount that had been
erroneously deducted from the person's salary.

(g) If the accrual date of any retirement annuity, survivor benefit, or disability benefit
is within the limitation period specified in paragraph (c), and an overpayment has resulted
by using invalid service or salary, or due to any erroneous calculation procedure, the
association must recalculate the annuity or benefit payable and recover any overpayment
as provided under subdivision 7b.

(h) Notwithstanding the provisions of this subdivision, the association may apply
the Revenue Procedures defined in the federal Internal Revenue Service Employee Plans
Compliance Resolution System and not issue a refund of erroneous employee deductions
and employer contributions or not recover a small overpayment of benefits if the cost to
correct the error would exceed the amount of the member refund or overpayment.

(i) Any fees or penalties assessed by the federal Internal Revenue Service for any
failure by an employer to follow the statutory requirements for reporting eligible members
and salary must be paid by the employer.

EFFECTIVE DATE.

(a) This section is effective the day following enactment.

(b) The interest required on deductions in error as provided in paragraph (e) must
be applied to any refunds paid on or after June 1, 2009.

Sec. 12.

Minnesota Statutes 2008, section 353.27, subdivision 7b, is amended to read:


Subd. 7b.

Recovery of overpayments to members.

(a) In the event of an
overpayment to a member, retiree, beneficiary, or other person,
the executive director shall
recover the overpayment by suspending or reducing the payment of a retirement annuity,
refund, disability benefit, survivor benefit, or optional annuity payable to the applicable
person or the person's estate, whichever applies, under this chapter until all outstanding
money has been recovered
determines that an overpaid annuity or benefit that is the result
of invalid salary included in the average salary used to calculate the payment amount must
be recovered, the association must determine the amount of the employee deductions
taken in error on the invalid salary, with interest determined in the manner provided for a
former member under subdivision 7, paragraph (e), clause (2), item (i), and must subtract
that amount from the total annuity or benefit overpayment, and the remaining balance of
the overpaid annuity or benefit, if any, must be recovered
.

(b) If the invalid employee deductions plus interest exceed the amount of the
overpaid benefits, the balance must be refunded to the person to whom the benefit or
annuity is being paid.

(c) Any invalid employer contributions reported on the invalid salary must be
credited to the employer as provided in subdivision 7, paragraph (e).

(d) If a member or former member, who is receiving a retirement annuity or
disability benefit for which an overpayment is being recovered, dies before recovery of
the overpayment is completed and a joint and survivor optional annuity is payable, the
remaining balance of the overpaid annuity or benefit must continue to be recovered from
the payment to the optional annuity beneficiary.

(e) If the association finds that a refund has been overpaid to a former member,
beneficiary or other person, the amount of the overpayment must be recovered.

(f) The board of trustees shall adopt policies directing the period of time and manner
for the collection of any overpaid retirement or optional annuity, and survivor or disability
benefit, or a refund that the executive director determines must be recovered as provided
under this section.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 13.

Minnesota Statutes 2008, section 353.33, subdivision 1, is amended to read:


Subdivision 1.

Age, service, and salary requirements.

A coordinated or basic
member who has at least three years of allowable service and becomes totally and
permanently disabled before normal retirement age, and a basic member who has at least
three years of allowable service and who becomes totally and permanently disabled,
upon
application as defined under section 353.031, is entitled to a disability benefit in an amount
determined under subdivision 3. If the disabled person's public service has terminated
at any time, at least two of the required three years of allowable service must have been
rendered after last becoming an active member.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 14.

Minnesota Statutes 2008, section 353.33, is amended by adding a subdivision
to read:


Subd. 1a.

Benefit restriction.

No person is entitled to receive disability benefits
and a retirement annuity at the same time.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 15.

Minnesota Statutes 2008, section 353.33, subdivision 11, is amended to read:


Subd. 11.

Coordinated member disabilitant transfer to retirement status.

No
person is entitled to receive disability benefits and a retirement annuity at the same time.

The disability benefits paid to a coordinated member must terminate when the person
reaches normal retirement age. If the coordinated member is still totally and permanently
disabled upon attaining normal retirement age, the coordinated member is deemed to be on
retirement status. If an optional annuity is elected under subdivision 3a, the coordinated
member shall receive an annuity under the terms of the optional annuity previously
elected, or, if an optional annuity is not elected under subdivision 3a, the coordinated
member may elect to receive a normal retirement annuity under section 353.29 or an
annuity equal to the disability benefit paid before the coordinated member reaches normal
retirement age, whichever amount is greater, or elect to receive an optional annuity
under section 353.30, subdivision 3. The annuity of a disabled coordinated member who
attains normal retirement age must be computed under the law in effect upon attainment
of normal retirement age. Election of an optional annuity must be made before the
coordinated member attains normal retirement age. If an optional annuity is elected, the
election is effective on the date on which the person attains normal retirement age and
the optional annuity begins to accrue on the first day of the month next following the
month in which the person attains that age.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 16.

Minnesota Statutes 2008, section 353.33, subdivision 12, is amended to read:


Subd. 12.

Basic disability disabilitant transfer to retirement status; survivor
benefits.

(a) If a basic member who is receiving a disability benefit under subdivision 3:

(1) dies before attaining age 65 or within five years of the effective date of the
disability, whichever is later, the surviving spouse is entitled to receive a survivor
benefit under section 353.31, unless and any dependent child or children are entitled to
dependent child benefits under section 353.31, subdivision 1b, paragraph (b). If there are
no dependent children, in lieu of the survivor benefit specified under section 353.31,
the
surviving spouse elected may elect to receive a refund under section 353.32, subdivision 1;.

(2) (b) If a basic member who is receiving a disability benefit under subdivision 3 is
living at age 65 or five years after the effective date of the disability, whichever is later, the
basic member may continue to receive a normal retirement annuity equal to the disability
benefit previously received, adjusted for the amount no longer payable under subdivision
3, paragraph (b)
, or the person may elect a joint and survivor optional annuity under
section 353.31, subdivision 1b. The election of the joint and survivor optional annuity
must occur within 90 days of attaining age 65 or of reaching the five-year anniversary
of the effective date of the disability benefit, whichever is later. The optional annuity
takes effect on the first day of the month following the month in which the person attains
age 65 or reaches the five-year anniversary of the effective date of the disability benefit,
whichever is later; or.

(3) if there is a dependent child or children under clause (1) or (2), the dependent
child is entitled to a dependent child benefit under section 353.31, subdivision 1b,
paragraph (b).

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 17.

Minnesota Statutes 2008, section 353.65, subdivision 2, is amended to read:


Subd. 2.

Employee contribution rate.

(a) The employee contribution is an amount
equal to the
9.4 percent of the total salary of the member specified in paragraph (b). This
contribution must be made by deduction from salary in the manner provided in subdivision
4. Where any portion of a member's salary is paid from other than public funds, the
member's employee contribution is based on the total salary received from all sources.

(b) For calendar year 2006, the employee contribution rate is 7.0 percent. For
calendar year 2007, the employee contribution rate is 7.8 percent. For calendar year 2008,
the employee contribution rate is 8.6 percent. For calendar year 2009 and thereafter, the
employee contribution rate is 9.4 percent.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 18.

Minnesota Statutes 2008, section 353.65, subdivision 3, is amended to read:


Subd. 3.

Employer contribution rate.

(a) The employer contribution shall be an
amount equal to the
is 14.1 percent of the total salary of every the member as specified in
paragraph (b)
. This contribution shall must be made from funds available to the employing
subdivision by the means and in the manner provided in section 353.28.

(b) For calendar year 2006, the employer contribution rate is 10.5 percent. For
calendar year 2007, the employer contribution rate is 11.7 percent. For calendar year 2008,
the employer contribution rate is 12.9 percent. For calendar year 2009 and thereafter, the
employer contribution rate is 14.1 percent.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 19.

Minnesota Statutes 2008, section 353A.08, subdivision 6a, is amended to read:


Subd. 6a.

Military service contribution and refund.

A person who was an active
member of a local police or firefighters relief association upon its consolidation with the
public employees retirement association, and who was otherwise eligible for automatic
service credit for military service under Minnesota Statutes 2000, section 423.57, and
who has not elected the type of benefit coverage provided by the public employees
police and fire fund at the time of consolidation, must make employee contributions
under section 353.01, subdivision 16, paragraph (h) (a), clause (8), to receive allowable
service credit from the association for a military service leave after the effective date of the
consolidation. A person who later elects, under subdivision 3, to retain benefit coverage
under the bylaws of the local relief association is eligible for a refund from the association
at the time of retirement. The association shall refund the employee contributions
plus interest at the rate of six percent, compounded quarterly, from the date on which
contributions were made until the first day of the month in which the refund is paid. The
employer shall receive a refund of the employer contributions. The association shall not
pay a refund to a person who later elects, under subdivision 3, the type of benefit coverage
provided by the public employees police and fire fund or to the person's employer.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 20.

Minnesota Statutes 2008, section 353F.02, subdivision 4, is amended to read:


Subd. 4.

Medical facility.

"Medical facility" means:

(1) Bridges Medical Services;

(2) the City of Cannon Falls Hospital;

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

(4) the Dassel Lakeside Community Home;

(5) the Fair Oaks Lodge, Wadena;

(6) the Glencoe Area Health Center;

(7) Hutchinson Area Health Care;

(8) the Lakefield Nursing Home;

(9) the Lakeview Nursing Home in Gaylord;

(10) the Luverne Public Hospital;

(11) the Oakland Park Nursing Home;

(12) the RenVilla Nursing Home;

(13) the Rice Memorial Hospital in Willmar, with respect to the Department of
Radiology and the Department of Radiation/Oncology;

(14) the St. Peter Community Health Care Center;

(15) the Waconia-Ridgeview Medical Center; and

(16) the Weiner Memorial Medical Center, Inc.; and

(17) the Worthington Regional Hospital.

EFFECTIVE DATE.

This section is effective upon compliance with Minnesota
Statutes, section 353F.02, subdivision 3.

Sec. 21.

Minnesota Statutes 2008, section 354.05, is amended by adding a subdivision
to read:


Subd. 42.

Fiscal year.

The fiscal year of the association begins on July 1 of each
calendar year and ends on June 30 of the following calendar year.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 22.

Minnesota Statutes 2008, section 354.42, subdivision 2, is amended to read:


Subd. 2.

Employee contribution.

(a) For a basic member, the employee
contribution to the fund is an amount equal to the following percentage 9.0 percent of the
member's salary of a member:. For a coordinated member, the employee contribution is
5.5 percent of the member's salary.

(1) after July 1, 2006, for a teacher employed by Special School District No. 1,
Minneapolis, 5.5 percent if the teacher is a coordinated member, and 9.0 percent if the
teacher is a basic member;

(2) for every other teacher, after July 1, 2006, 5.5 percent if the teacher is a
coordinated member and 9.0 percent if the teacher is a basic member.

(b) This contribution must be made by deduction from salary. Where any portion
of a member's salary is paid from other than public funds, the member's employee
contribution must be based on the entire salary received.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 23.

Minnesota Statutes 2008, section 354.44, subdivision 4, is amended to read:


Subd. 4.

Retirement annuity accrual date.

(a) An annuity payment begins to
accrue, provided that the age and service requirements under subdivision 1 are satisfied,
after the termination of teaching service, or after the application for retirement has been
filed with the board, whichever is later executive director, as follows:

(1) on the 16th day of after the month of termination or filing if the termination or
filing occurs on or before the 15th day of the month
of teaching service;

(2) on the first day of the month following the month of termination or filing if
the termination or filing occurs on or after the 16th day of the month
day of receipt of
application if the application is filed with the executive director after the six-month period
that occurs immediately following the termination of teaching service
;

(3) on July 1 for all school principals and other administrators who receive a full
annual contract salary during the fiscal year for performance of a full year's contract
duties; or

(4) a later date to be either the first or the 16th day of a month occurring within the
six-month period immediately following the termination of teaching service as specified
under paragraph (b) by the member.

(b) (4) if an application for retirement is filed with the board executive director
during the six-month period that occurs immediately following the termination of teaching
service, the annuity may begin to accrue as if the application for retirement had been filed
with the board on the date teaching service terminated or a later date under paragraph
(a), clause (4)
.

(b) A member, or a person authorized to act on behalf of the member, may specify a
different date of retirement from that determined in paragraph (a), as follows:

(1) if the application is filed on or before the date of termination of teaching service,
the accrual date may be a date no earlier than the day after the termination of teaching
service and no later than six months after the termination date; or

(2) if the application is filed during the six-month period that occurs immediately
following the termination of teaching service, the accrual date may begin to accrue
retroactively, but no earlier than the day after teaching service terminated and no later
than six months after the termination date.

EFFECTIVE DATE.

This section is effective January 1, 2010.

Sec. 24.

Minnesota Statutes 2008, section 354.44, subdivision 5, is amended to read:


Subd. 5.

Resumption of teaching service after retirement.

(a) Any person who
retired under the provisions of this chapter and has thereafter resumed teaching in any
employer unit to which this chapter applies is eligible to continue to receive payments in
accordance with the annuity except that all or a portion of the annuity payments must be
deferred during the calendar year immediately following any calendar the fiscal year in
which the person's salary from the teaching service is in an amount greater than $46,000.
The amount of the annuity deferral is one-half of the salary amount in excess of $46,000
and must be deducted from the annuity payable for the calendar year immediately
following the calendar fiscal year in which the excess amount was earned.

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

(c) After a person has reached the Social Security normal retirement age, no deferral
requirement is applicable regardless of the amount of salary.

(d) The amount of the retirement annuity deferral must be handled or disposed
of as provided in section 356.47.

(e) For the purpose of this subdivision, salary from teaching service includes, but is
not limited to:

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

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

EFFECTIVE DATE.

This section is effective January 1, 2010.

Sec. 25.

Minnesota Statutes 2008, section 354.47, subdivision 1, is amended to read:


Subdivision 1.

Death before retirement.

(a) If a member dies before retirement
and is covered under section 354.44, subdivision 2, and neither an optional annuity, nor a
reversionary annuity, nor a benefit under section 354.46, subdivision 1, is payable to the
survivors if the member was a basic member, then the surviving spouse, or if there is no
surviving spouse, the designated beneficiary is entitled to an amount equal to the member's
accumulated deductions with interest credited to the account of the member to the date of
death of the member. If the designated beneficiary is a minor, interest must be credited to
the date the beneficiary reaches legal age, or the date of receipt, whichever is earlier.

(b) If a member dies before retirement and is covered under section 354.44,
subdivision 6
, and neither an optional annuity, nor reversionary annuity, nor the benefit
described in section 354.46, subdivision 1, is payable to the survivors if the member
was a basic member, then the surviving spouse, or if there is no surviving spouse,
the designated beneficiary is entitled to an amount equal to the member's accumulated
deductions credited to the account of the member as of June 30, 1957, and from July 1,
1957, to the date of death of the member, the member's accumulated deductions plus
six percent interest compounded annually.

(c) If the designated beneficiary under paragraph (b) is a minor, any interest credited
under that paragraph must be credited to the date the beneficiary reaches legal age, or
the date of receipt, whichever is earlier.

(d) The amount of any refund payable under this subdivision must be reduced by
any permanent disability payment under section 354.48 received by the member.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 26.

Minnesota Statutes 2008, 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 selected by the medical adviser.

(b) These physicians, chiropractors, or 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, or
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.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 27.

Minnesota Statutes 2008, 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 shall may require the disability
beneficiary recipient to undergo an expert examination by a physician or physicians,
by a chiropractor or chiropractors, or 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, the chiropractors, or the psychologists engaged by
the executive director find that the person is no longer permanently and totally disabled.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 28.

Minnesota Statutes 2008, section 354.49, subdivision 2, is amended to read:


Subd. 2.

Calculation.

(a) Except as provided in section 354.44, subdivision 1, any
person who ceases to be a member by reason of termination of teaching service, shall is
entitled to
receive a refund in an amount equal to the accumulated deductions credited to
the account as of June 30, 1957, and after July 1, 1957, the accumulated deductions with
interest at the rate of six percent per annum compounded annually. For the purpose of this
subdivision, interest shall must be computed on fiscal year end balances to the first day of
the month in which the refund is issued.

(b) If the person has received permanent disability payments under section 354.48,
the refund amount must be reduced by the amount of those payments.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 29.

Minnesota Statutes 2008, section 354.52, subdivision 2a, is amended to read:


Subd. 2a.

Annual Postretirement income reports reporting.

On or before each
February 15, a representative authorized by an
Each employing unit must report to the
executive director the amount of income earned during the previous calendar fiscal year
by each retiree for teaching service performed after retirement. This annual report must be
shall be done through the payroll reporting system and is based on reemployment income
as defined in section 354.44, subdivision 5, and it must be made on a form provided by the
executive director
. Signing Submitting the report salary data through payroll reporting
has the force and effect of an oath as to the correctness of the amount of postretirement
reemployment income earned.

EFFECTIVE DATE.

This section is effective January 1, 2010.

Sec. 30.

Minnesota Statutes 2008, section 354.52, subdivision 4b, is amended to read:


Subd. 4b.

Payroll cycle reporting requirements.

An employing unit shall provide
the following data to the association for payroll warrants on an ongoing basis within 14
calendar days after the date of the payroll warrant in a format prescribed by the executive
director:

(1) association member number;

(2) employer-assigned employee number;

(3) Social Security number;

(4) amount of each salary deduction;

(5) amount of salary as defined in section 354.05, subdivision 35, from which each
deduction was made;

(6) reason for payment;

(7) service credit;

(8) the beginning and ending dates of the payroll period covered and the date
of actual payment;

(9) fiscal year of salary earnings;

(10) total remittance amount including employee, employer, and additional employer
contributions; and

(11) reemployed annuitant salary under section 354.44, subdivision 5; and

(11) (12) other information as may be required by the executive director.

EFFECTIVE DATE.

This section is effective January 1, 2010.

Sec. 31.

[354.543] PRIOR OR UNCREDITED MILITARY SERVICE CREDIT
PURCHASE.

Subdivision 1.

Service credit purchase authorized.

(a) If paragraph (b) does not
apply, a teacher who has at least three years of allowable service credit with the Teachers
Retirement Association and who performed service in the United States armed forces
before becoming a teacher as defined in section 354.05, subdivision 2, or who failed
to obtain service credit for a military leave of absence under the provisions of section
354.53, is entitled to purchase allowable and formula service credit for the initial period of
enlistment, induction, or call to active duty without any voluntary extension by making
payment under section 356.551.

(b) A service credit purchase is prohibited if:

(1) the teacher separated from service with the United States armed forces with a
dishonorable or bad conduct discharge or under other than honorable conditions; or

(2) the teacher has purchased or otherwise received service credit from any
Minnesota defined benefit public employee pension plan, other than a volunteer fire plan,
for the same period of service.

Subd. 2.

Application and documentation.

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 all necessary documentation of the teacher'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.

Subd. 3.

Service credit grant.

Allowable and formula service credit for the
purchase period must be granted by the Teachers Retirement Association to the purchasing
teacher upon receipt of the purchase payment amount. Payment must be made before the
teacher's termination of teaching service.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 32.

Minnesota Statutes 2008, section 354.55, subdivision 11, is amended to read:


Subd. 11.

Deferred annuity; augmentation.

(a) Any person covered under section
354.44, subdivision 6, who ceases to render teaching service, may leave the person's
accumulated deductions in the fund for the purpose of receiving a deferred annuity at
retirement. Eligibility for an annuity under this subdivision is governed pursuant to
section 354.44, subdivision 1, or 354.60.

(b) The amount of the deferred retirement annuity is determined by section 354.44,
subdivision 6
, and augmented as provided in this subdivision. The required reserves
related to that portion of for the annuity which had accrued when the member ceased to
render teaching service must be augmented, as further specified in this subdivision, by
interest compounded annually from the first day of the month following the month during
which the member ceased to render teaching service to the effective date of retirement.

(c) There shall be No augmentation is not creditable if this the deferral period is less
than three months or if this period commences prior to deferral commenced before July 1,
1971. The rates of interest used for this purpose must be five percent compounded annually
commencing July 1, 1971, until January 1, 1981, and three percent compounded annually
thereafter until January 1 of the year following the year in which the former member
attains age 55 and from that date to the effective date of retirement, the rate is five percent
compounded annually if the employee became an employee before July 1, 2006, and at 2.5
percent compounded annually if the employee becomes an employee after June 30, 2006.

(d) For persons who became covered employees before July 1, 2006, with a deferral
period commencing after June 30, 1971, the annuity must be augmented using five
percent interest compounded annually until January 1, 1981, and three percent interest
compounded annually thereafter until January 1 of the year following the year in which
the deferred annuitant attains age 55. From that date to the effective date of retirement, the
rate is five percent compounded annually.

(e) For persons who become covered employees after June 30, 2006, the interest rate
used to augment the deferred annuity is 2.5 percent interest compounded annually.

(f) If a person has more than one period of uninterrupted service, a separate average
salary determined under section 354.44, subdivision 6, must be used for each period and
the required reserves related to each period must be augmented by interest pursuant to as
specified in
this subdivision. The sum of the augmented required reserves so determined
shall be the basis for purchasing
is the present value of the deferred annuity. For the
purposes of this subdivision, "period of uninterrupted service" means a period of covered
teaching service during which the member has not been separated from active service for
more than one fiscal year.

(g) If a person repays a refund, the service restored by the repayment must be
considered as continuous with the next period of service for which the person has
allowable service credit with this fund in the Teachers Retirement Association.

(h) If a person does not render teaching service in any one fiscal year or more
consecutive fiscal years and then resumes teaching service, the formula percentages used
from the date of the resumption of teaching service must be those applicable to new
members.

(i) The mortality table and interest assumption used to compute the annuity must be
the applicable mortality table established by the board under section 354.07, subdivision
1
, and the interest rate assumption under section 356.215 in effect when the member
retires. A period of uninterrupted service for the purposes of this subdivision means a
period of covered teaching service during which the member has not been separated from
active service for more than one fiscal year.

(c) (j) In no case shall may the annuity payable under this subdivision be less than
the amount of annuity payable pursuant to under section 354.44, subdivision 6.

(d) (k) The requirements and provisions for retirement before normal retirement
age contained in section 354.44, subdivision 6, clause (3) or (5), shall also apply to an
employee fulfilling the requirements with a combination of service as provided in section
354.60.

(e) (l) The augmentation provided by this subdivision applies to the benefit provided
in section 354.46, subdivision 2.

(f) (m) The augmentation provided by this subdivision shall does not apply to any
period in which a person is on an approved leave of absence from an employer unit
covered by the provisions of this chapter.

(g) (n) The retirement annuity or disability benefit of, or the survivor benefit payable
on behalf of, a former teacher who terminated service before July 1, 1997, which is not
first payable until after June 30, 1997, must be increased on an actuarial equivalent basis
to reflect the change in the postretirement interest rate actuarial assumption under section
356.215, subdivision 8, from five percent to six percent under a calculation procedure and
tables adopted by the board as recommended by an approved actuary and approved by the
actuary retained under section 356.214.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 33.

Minnesota Statutes 2008, section 354A.096, is amended to read:


354A.096 MEDICAL LEAVE.

Any teacher in the coordinated program of the St. Paul Teachers Retirement Fund
Association or the new law coordinated program of the Duluth Teachers Retirement Fund
Association who is on an authorized medical leave of absence and subsequently returns
to teaching service is entitled to receive allowable service credit, not to exceed one year,
for the period of leave, upon making the prescribed payment to the fund. This payment
must include the required employee and employer contributions at the rates specified in
section 354A.12, subdivisions 1 and 2 2a, as applied to the member's average full-time
monthly salary rate on the date the leave of absence commenced plus annual interest at
the rate of 8.5 percent per year from the end of the fiscal year during which the leave
terminates to the end of the month during which payment is made. The member must pay
the total amount required unless the employing unit, at its option, pays the employer
contributions. The total amount required must be paid by the end of the fiscal year
following the fiscal year in which the leave of absence terminated or before the member
retires, whichever is earlier. Payment must be accompanied by a copy of the resolution or
action of the employing authority granting the leave and the employing authority, upon
granting the leave, must certify the leave to the association in a manner specified by the
executive director. A member may not receive more than one year of allowable service
credit during any fiscal year by making payment under this section. A member may not
receive disability benefits under section 354A.36 and receive allowable service credit
under this section for the same period of time.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 34.

Minnesota Statutes 2008, section 354A.12, subdivision 2a, is amended to read:


Subd. 2a.

Employer regular and additional contribution rates contributions.

(a) The employing units shall make the following employer contributions to teachers
retirement fund associations:

(1) for any coordinated member of a teachers retirement fund association in a city of
the first class, the employing unit shall pay the employer Social Security taxes;

(2) for any coordinated member of one of the following teachers retirement fund
associations in a city of the first class, the employing unit shall make a regular employer
contribution to the respective retirement fund association in an amount equal to the
designated percentage of the salary of the coordinated member as provided below:

Duluth Teachers Retirement
Fund Association
4.50 percent
St. Paul Teachers Retirement
Fund Association
4.50 percent

(3) (2) for any basic member of the St. Paul Teachers Retirement Fund Association,
the employing unit shall make a regular employer contribution to the respective retirement
fund in an amount equal to 8.00 percent of the salary of the basic member;

(4) (3) for a basic member of the St. Paul Teachers Retirement Fund Association, the
employing unit shall make an additional employer contribution to the respective fund in
an amount equal to 3.64 percent of the salary of the basic member;

(5) (4) for a coordinated member of a teachers retirement fund association in a city
of the first class, the employing unit shall make an additional employer contribution to
the respective fund in an amount equal to the applicable percentage of the coordinated
member's salary, as provided below:

Duluth Teachers Retirement
Fund Association
1.29 percent
St. Paul Teachers Retirement
Fund Association
3.84 percent
July 1, 1993 - June 30, 1994
0.50 percent
July 1, 1994 - June 30, 1995
1.50 percent
July 1, 1997, and thereafter
3.84 percent

(b) The regular and additional employer contributions must be remitted directly to
the respective teachers retirement fund association at least once each month. Delinquent
amounts are payable with interest under the procedure in subdivision 1a.

(c) Payments of regular and additional employer contributions for school district
or technical college employees who are paid from normal operating funds must be made
from the appropriate fund of the district or technical college.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 35.

Minnesota Statutes 2008, section 354A.12, is amended by adding a
subdivision to read:


Subd. 6.

Adjustment for erroneous receipts.

(a) Adjustments to correct employer
contributions and employee deductions taken in error from amounts which are not salary
under section 354A.011, subdivision 24, must be made as specified in this section.

(b) Upon discovery of the receipt of erroneous employee deductions and employer
contributions under paragraph (a), the executive director must require the employer to
discontinue the erroneous employee deductions and erroneous employer contributions
reported on behalf of an active member. Upon discontinuation, the executive director
must provide for a refund or credit to the employer in the amount of the invalid employee
deductions with interest on the employee deductions at the rate specified in section
354A.37, subdivision 3, from the received date of each invalid salary transaction to the
first day of the month in which the credit or refund is made. The employer must pay the
refunded employee deductions plus interest to the active member.

(c) If the individual is a former member who is not receiving a retirement annuity or
benefit and has not received a refund under section 354A.37, subdivision 3, related to the
applicable service, the executive director must return the erroneous employee deductions
to the former member through a refund with interest at the rate specified in section
354A.37, subdivision 3, from the received date of each invalid salary transaction to the
first day of the month in which the credit or refund is made.

(d) The executive director must return the invalid employer contributions reported
on behalf of a member or former member to the employer by providing a credit against
future contributions payable by the employer.

EFFECTIVE DATE.

This section is effective the day after final enactment.

Sec. 36.

Minnesota Statutes 2008, section 354A.12, is amended by adding a
subdivision to read:


Subd. 7.

Recovery of benefit overpayments.

(a) If the executive director discovers,
within the time period specified in subdivision 8 following the payment of a refund or
the accrual date of any retirement annuity, survivor benefit, or disability benefit, that
benefit overpayment has occurred due to using invalid service or salary, or due to any
erroneous calculation procedure, the executive director must recalculate the annuity or
benefit payable and recover any overpayment. The executive director shall recover the
overpayment by requiring direct repayment or by suspending or reducing the payment of a
retirement annuity or other benefit payable under this chapter to the applicable person or
the person's estate, whichever applies, until all outstanding amounts have been recovered.

(b) In the event the executive director determines that an overpaid annuity or benefit
that is the result of invalid salary included in the average salary used to calculate the
payment amount must be recovered, the executive director must determine the amount of
the employee deductions taken in error on the invalid salary, with interest as determined
under 354A.37, subdivision 3, and must subtract that amount from the total annuity or
benefit overpayment, and the remaining balance of the overpaid annuity or benefit, if
any, must be recovered.

(c) If the invalid employee deductions plus interest exceed the amount of the
overpaid benefits, the balance must be refunded to the person to whom the benefit or
annuity is being paid.

(d) Any invalid employer contributions reported on the invalid salary must be
credited against future contributions payable by the employer.

(e) If a member or former member, who is receiving a retirement annuity or
disability benefit for which an overpayment is being recovered, dies before recovery of the
overpayment is completed and an optional annuity or refund is payable, the remaining
balance of the overpaid annuity or benefit must continue to be recovered from the payment
to the optional annuity beneficiary or refund recipient.

(f) The board of trustees shall adopt policies directing the period of time and manner
for the collection of any overpaid retirement or optional annuity, and survivor or disability
benefit, or a refund that the executive director determines must be recovered as provided
under this section.

EFFECTIVE DATE.

This section is effective the day after final enactment.

Sec. 37.

Minnesota Statutes 2008, section 354A.12, is amended by adding a
subdivision to read:


Subd. 8.

Additional procedures.

(a) If paragraph (b) does not apply, the period of
adjustment under subdivisions 6 and 7 is limited to the fiscal year in which the error is
discovered by the executive director and the immediate two preceding fiscal years.

(b) If there is evidence of fraud or other misconduct on the part of the employee or
the employer, the board of trustees may authorize adjustments to the account of a member
or former member to correct erroneous employee deductions and employer contributions
on invalid salary and the recovery of any overpayments for a period longer than specified
under paragraph (a).

(c) Notwithstanding other provisions of this section, the executive director may
apply the Revenue Procedures defined in the Internal Revenue Service Employee Plans
Compliance Resolution System and not issue a refund of erroneous employee deductions
and employer contributions or not recover a small overpayment of benefits if the cost to
correct the error would exceed the amount of the refund or overpayment.

(d) Notwithstanding other provisions of this section, interest of $10 or less shall not
be payable to a member or former member.

EFFECTIVE DATE.

This section is effective the day after final enactment.

Sec. 38.

Minnesota Statutes 2008, section 354A.12, is amended by adding a
subdivision to read:


Subd. 9.

Employer responsibility for fees, penalties.

Any fees or penalties
assessed by the Internal Revenue Service for any failure by an employer to follow the
statutory requirements for reporting eligible members and salary must be paid by the
employer.

EFFECTIVE DATE.

This section is effective the day after final enactment.

Sec. 39.

Minnesota Statutes 2008, 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 by the board and at least once in every three year period thereafter, the board shall
may require the disability benefit recipient to undergo an expert examination as 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. The expert examination must be made by a physician or
physicians, by a chiropractor or chiropractors, or by one or more psychologists engaged
by the board. The physician or physicians, the chiropractor or chiropractors, or the
psychologist or psychologists with respect to a mental impairment, conducting the expert
examination shall make a written report to the board concerning the disability benefit
recipient and the recipient's disability, including a statement of the expert opinion of
the physician, chiropractor, or psychologist 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 written expert examination report
of the physician, of the chiropractor, or of the psychologist, with respect to a mental
impairment, that the disability benefit recipient is no longer permanently and totally
disabled or if the board determines that the benefit recipient is engaged or is 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
discontinued. The discontinuation of disability benefits must occur immediately if the
disability recipient is reinstated to the district payroll following sick leave and 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.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 40.

Minnesota Statutes 2008, section 356.401, subdivision 2, is amended to read:


Subd. 2.

Automatic deposits.

(a) The chief administrative officer of a covered
retirement plan may remit, through an automatic deposit system, annuity, benefit, or
refund payments only to a financial institution associated with the National Automated
Clearinghouse Association or a comparable successor organization that is trustee for a
person who is eligible to receive the annuity, benefit, or refund.

(b) Upon the request of a retiree, disabilitant, survivor, or former member, the chief
administrative officer of a covered retirement plan may remit the annuity, benefit, or
refund check payment to the applicable financial institution for deposit in the person's
individual account or the person's joint account. If an overpayment of benefits is paid
after the death of the annuitant or benefit recipient, the chief administrative officer of
the pension plan is authorized to issue an administrative subpoena consistent with the
requirements of section 13A.02, requiring the applicable financial institution to disclose
the names of all joint and co-owners of the account and a description of all deposits to,
and withdrawals from, the account which take place on or after the death of the annuitant
or benefit recipient.
An overpayment to a joint account after the death of the annuitant or
benefit recipient must be repaid to the fund of the applicable covered retirement plan by
the joint tenant if the overpayment is not repaid to that fund by the financial institution
associated with the National Automated Clearinghouse Association or its successor. The
governing board of the covered retirement plan may prescribe the conditions under which
these payments may be made.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 41.

Minnesota Statutes 2008, section 356.465, subdivision 1, is amended to read:


Subdivision 1.

Inclusion as recipient.

Notwithstanding any provision to the
contrary of the laws, articles of incorporation, or bylaws governing a covered retirement
plan specified in subdivision 3,
A retiring member may designate a qualified supplemental
needs trust under subdivision 2 as the remainder recipient on an optional retirement
annuity form for a period not to exceed the lifetime of the beneficiary of the supplemental
needs trust.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 42.

Minnesota Statutes 2008, section 356.465, is amended by adding a subdivision
to read:


Subd. 4.

Expanded eligibility.

(a) Notwithstanding subdivision 1, for a retirement
plan specified in paragraph (b), a designation under subdivision 1 may be made by an
active, disabled, deferred, or retiring member.

(b) The applicable plan is the Teachers Retirement Association established under
chapter 354.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 43.

Minnesota Statutes 2008, section 356.611, subdivision 3, is amended to read:


Subd. 3.

Maximum benefit limitations.

A member's annual benefit, if necessary,
must be reduced to the extent required by section 415(b) of the federal Internal Revenue
Code, as adjusted by the United States secretary of the treasury under section 415(d) of the
Internal Revenue Code for any applicable increases in the cost of living after the member's
termination of employment
. For purposes of section 415 of the federal Internal Revenue
Code, the limitation year of a pension plan covered by this section must be the fiscal year
or calendar year of that plan, whichever is applicable. The accrued benefit limitation
described in section 415(e) of the Internal Revenue Code must cease to be effective for
limitation years beginning after December 31, 1999.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 44.

Minnesota Statutes 2008, section 356.611, subdivision 4, is amended to read:


Subd. 4.

Compensation.

(a) For purposes of this section, compensation means
a member's compensation actually paid or made available for any limitation year
determined as provided by including items described in federal treasury regulation section
1.415-2(d)(10) 1.415(c)-2(b) and excluding items described in federal treasury regulation
section 1.415(c)-2(c)
.

(b) Compensation for any period includes:

(1) any elective deferral as defined in section 402(g)(3) of the federal Internal
Revenue Code;

(2) any elective amounts that are not includable in a member's gross income by
reason of sections 125 or 457 of the federal Internal Revenue Code; and

(3) any elective amounts that are not includable in a member's gross income by
reason of section 132(f)(4) of the federal Internal Revenue Code.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 45.

Minnesota Statutes 2008, section 356.635, subdivision 6, is amended to read:


Subd. 6.

Eligible retirement plan.

(a) An "eligible retirement plan" is:

(1) an individual retirement account under section 408(a) of the federal Internal
Revenue Code;

(2) an individual retirement annuity plan under section 408(b) of the federal Internal
Revenue Code;

(3) an annuity plan under section 403(a) of the federal Internal Revenue Code;

(4) a qualified trust plan under section 401(a) of the federal Internal Revenue Code
that accepts the distributee's eligible rollover distribution;

(5) an annuity contract under section 403(b) of the federal Internal Revenue Code; or

(6) an eligible deferred compensation plan under section 457(b) of the federal
Internal Revenue Code, which is maintained by a state or local government and which
agrees to separately account for the amounts transferred into the plan; or

(7) in the case of an eligible rollover distribution to a nonspousal beneficiary, an
individual account or annuity treated as an inherited individual retirement account under
section 402(c)(11) of the federal Internal Revenue Code
.

(b) For distributions of after-tax contributions which are not includable in gross
income, the after-tax portion may be transferred only to an individual retirement account
or annuity described in section 408(a) or (b) of the federal Internal Revenue Code, or
to a qualified defined contribution plan described in either section 401(a) or 403(a) of
the federal Internal Revenue Code, that agrees to separately account for the amounts
transferred, including separately accounting for the portion of the distribution which is
includable in gross income and the portion of the distribution which is not includable.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 46.

Minnesota Statutes 2008, section 356.635, subdivision 7, is amended to read:


Subd. 7.

Distributee.

A "distributee" is:

(1) an employee or a former employee;

(2) the surviving spouse of an employee or former employee; or

(3) the former spouse of the employee or former employee who is the alternate
payee under a qualified domestic relations order as defined in section 414(p) of the federal
Internal Revenue Code, or who is a recipient of a court-ordered equitable distribution of
marital property, as provided in section 518.58.; or

(4) a nonspousal beneficiary of an employee or former employee who qualifies
for a distribution under the plan and is a designated beneficiary as defined in section
401(a)(9)(E) of the federal Internal Revenue Code.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 47.

Minnesota Statutes 2008, section 356.96, subdivision 5, is amended to read:


Subd. 5.

Petition for review.

(a) A person who claims a right under subdivision 2
may petition for a review of that decision by the governing board of the covered pension
plan.

(b) A petition under this section must be sent to the chief administrative officer
by mail and must be postmarked no later than 60 days after the person received the
notice required by subdivision 3. The petition must include the person's statement of
the reason or reasons that the person believes the decision of the chief administrative
officer should be reversed or modified. The petition may include all documentation and
written materials that the petitioner deems to be relevant. In developing a record for
review by the board when a decision is appealed, the executive director may direct that the
applicant participate in a fact-finding session conducted by an administrative law judge
assigned by the Office of Administrative Hearings and, as applicable, participate in a
vocational assessment conducted by a qualified rehabilitation counselor on contract with
the applicable retirement system.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 48.

Laws 2006, chapter 271, article 5, section 5, as amended by Laws 2008,
chapter 349, article 5, section 36, is amended to read:


Sec. 5. EFFECTIVE DATE.

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

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

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

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

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

(1) the day after the governing body of Clearwater County and its chief clerical
officer meet the requirements under Minnesota Statutes, section 645.021, subdivisions 2
and 3, except that the certificate of approval must be filed before January 1, 2009 2010; and

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

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

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

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

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 49. CITY OF DULUTH AND DULUTH AIRPORT AUTHORITY;
CORRECTING ERRONEOUS EMPLOYEE DEDUCTIONS, EMPLOYER
CONTRIBUTIONS AND ADJUSTING OVERPAID BENEFITS.

Subdivision 1.

Application.

Notwithstanding any provisions of Minnesota Statutes,
section 353.27, subdivisions 7 and 7b, or Minnesota Statutes 2008, chapters 353 and 356,
to the contrary, this section establishes the procedures by which the executive director of
the Public Employees Retirement Association shall adjust erroneous employee deductions
and employer contributions paid on behalf of active employees and former members
by the city of Duluth and by the Duluth Airport Authority on amounts determined by
the executive director to be invalid salary under Minnesota Statutes, section 353.01,
subdivision 10, reported between January 1, 1997, and October 23, 2008, and for
adjusting benefits that were paid to former members and their beneficiaries based upon
invalid salary amounts.

Subd. 2.

Refunds of employee deductions.

(a) The executive director shall refund
to active employees or former members who are not receiving retirement annuities or
benefits all erroneous employee deductions identified by the city of Duluth or by the
Duluth Airport Authority as deductions taken from amounts determined to be invalid
salary. The refunds must include interest at the rate specified in Minnesota Statutes,
section 353.34, subdivision 2, from the date each invalid employee deduction was received
through the date each refund is paid.

(b) The refund payment for active employees must be sent to the applicable
governmental subdivision which must pay the refunded employee deductions plus interest
to the active members who are employees of the city of Duluth or who are employees of
the Duluth Airport Authority, as applicable.

(c) Refunds to former members must be mailed by the executive director of the
Public Employees Retirement Association to the former member's last known address.

Subd. 3.

Benefit adjustments.

(a) For a former member who is receiving a
retirement annuity or disability benefit, or for a person receiving an optional annuity or
survivor benefit, the executive director must:

(1) adjust the annuity or benefit payment to the correct monthly benefit amount
payable by reducing the average salary under Minnesota Statutes, section 353.01,
subdivision 17a, by the invalid salary amounts;

(2) determine the amount of the overpaid benefits paid from the effective date of
the annuity or benefit payment to the first of the month in which the monthly benefit
amount is corrected;

(3) calculate the amount of employee deductions taken in error on invalid salary,
including interest at the rate specified in Minnesota Statutes, section 353.34, subdivision 2,
from the date each invalid employee deduction was received through the date the annuity
or benefit is adjusted as provided under clause (1); and

(4) determine the net amount of overpaid benefits by reducing the amount of the
overpaid annuity or benefit as determined in clause (2) by the amount of the erroneous
employee deductions with interest determined in clause (3).

(b) If a former member's erroneous employee deductions plus interest determined
under this section exceeds the amount of the person's overpaid benefits, the balance must
be refunded to the person to whom the annuity or benefit is being paid.

(c) The executive director shall recover the net amount of all overpaid annuities or
benefits as provided under subdivision 4.

Subd. 4.

Employer credits and obligations.

(a) The executive director shall
provide a credit without interest to the city of Duluth and to the Duluth Airport Authority
for the amount of that governmental subdivision's erroneous employer contributions. The
credit must first be used to offset the net amount of the overpaid retirement annuities and
the disability and survivor benefits that remains after applying the amount of erroneous
employee deductions with interest as provided under subdivision 3, paragraph (a),
clause (4). The remaining erroneous employer contributions, if any, must be credited
against future employer contributions required to be paid by the applicable governmental
subdivision. If the overpaid benefits exceed the employer contribution credit, the balance
of the overpaid benefits is the obligation of the city of Duluth or the Duluth Airport
Authority, whichever is applicable.

(b) The Public Employees Retirement Association board of trustees shall determine
the period of time and manner for the collection of overpaid retirement annuities and
benefits, if any, from the city of Duluth and the Duluth Airport Authority.

EFFECTIVE DATE.

(a) This section is effective for the city of Duluth the day after
the Duluth city council and the chief clerical officer of the city of Duluth timely complete
their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3, for
members who are, and former members who were, employees of the city of Duluth.

(b) This section is effective for the Duluth Airport Authority the day after the Duluth
Airport Authority and the chief clerical officer of the Duluth Airport Authority timely
complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2
and 3, for members who are, and former members who were, employees of the Duluth
Airport Authority.

Sec. 50. APPLICATION OF PUBLIC EMPLOYEES RETIREMENT
ASSOCIATION ERRONEOUS RECEIPTS AND DISBURSEMENTS PROVISION;
ELECTION.

(a) If adjustments under Minnesota Statutes, section 353.27, subdivision 7, due
to invalid salary amounts are in process as of the effective date of this section for
employees or former employees of a governmental subdivision, the governing body of the
governmental subdivision may elect to have the statute of limitations under Minnesota
Statutes, section 353.27, subdivision 7, paragraphs (c) and (g), apply to adjustments or
corrections in process as of the effective date of Minnesota Statutes, section 353.27,
subdivision 7, by a resolution of the governing body transmitted to the Public Employees
Retirement Association executive director within 90 days after the effective date of this
section.

(b) If the governing body of the governmental subdivision declines the treatment
permitted under paragraph (a) or fails to submit a resolution in a timely manner, the statute
of limitations does not apply to adjustments or corrections in process as of the effective
date.

EFFECTIVE DATE.

This section is effective the day after final enactment.

Sec. 51. REPEALER.

Minnesota Statutes 2008, sections 354.06, subdivision 6; and 354.55, subdivision
14,
are repealed.

EFFECTIVE DATE.

This section is effective the day following final enactment.

ARTICLE 5

LOCAL GOVERNMENT POST RETIREMENT OPTION PROGRAM

Section 1.

Minnesota Statutes 2008, section 353.01, subdivision 11b, is amended to
read:


Subd. 11b.

Termination of membership.

(a) "Termination of membership" means
the conclusion of membership in the association for a person who has not terminated
public service under subdivision 11a and occurs:

(1) when a person files a written election with the association to discontinue
employee deductions under section 353.27, subdivision 7, paragraph (a), clause (1);

(2) when a city manager files a written election with the association to discontinue
employee deductions under section 353.028, subdivision 2; or

(3) when a member transfers to a temporary position and becomes excluded from
membership under subdivision 2b, clause (4).; or

(4) when a member is approved to participate in the postretirement option authorized
under section 353.371.

(b) The termination of membership under clause clauses (3) and (4) must be reported
to the association by the governmental subdivision.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 2.

[353.371] POSTRETIREMENT OPTION.

Subdivision 1.

Eligibility.

(a) This section applies to a basic or coordinated member
of the general employees retirement plan of the Public Employees Retirement Association
who:

(1) for at least the five years immediately preceding separation under clause (2), was
regularly scheduled to work 1,044 or more hours per year in a position covered by the
general employees retirement plan of the Public Employees Retirement Association;

(2) terminates membership as defined under section 353.01, subdivision 11b;

(3) at the time of termination under clause (2), was at least age 62 and met the age
and service requirements necessary to receive a retirement annuity from the plan and
satisfied requirements for the commencement of the retirement annuity;

(4) agrees to accept a postretirement option position with the same or a different
governmental subdivision, working a reduced schedule that is both:

(i) a reduction of at least 25 percent from the employee's number of previously
regularly scheduled work hours; and

(ii) 1,044 hours or less in public; and

(5) is not eligible for participation in the state employee postretirement option
program under section 43A.346.

(b) For purposes of this section, the length of separation requirement and termination
of service requirement prohibiting return to work agreements under section 353.01,
subdivisions 11a and 28, are not applicable.

Subd. 2.

Annuity reduction not applicable.

Notwithstanding any law to the
contrary, the provisions of section 353.37 governing annuities of reemployed annuitants
do not apply for the duration of a terminated member's employment in a postretirement
option position.

Subd. 3.

Governing body discretion.

The governing body of the governmental
subdivision has sole discretion to determine if and the extent to which a postretirement
option position under this section is available to a terminated member. Any offer of such
a position must be made in writing to the person by the governing body's designee in a
manner prescribed by the executive director.

Subd. 4.

Duration.

Postretirement option employment shall be for an initial period
not to exceed one year. At the end of the initial period, the governing body has sole
discretion to determine if the offer of a postretirement option position will be renewed,
renewed with modifications, or terminated. Postretirement option employment may be
renewed annually, but may not be renewed after the individual attains retirement age as
defined in United States Code, title 42, section 416(l).

Subd. 5.

Copy to fund.

The appointing authority shall provide the Public
Employees Retirement Association with documentation, as prescribed by the executive
director, of the terms of any agreement entered into with a member who accepts continuing
employment with the appointing authority under the terms of this section, and any
subsequent renewal agreement.

Subd. 6.

No service credit.

Notwithstanding any law to the contrary, a person
may not earn service credit in the general employees retirement plan of the Public
Employees Retirement Association for employment covered under this section, and
employer contributions and payroll deductions for the retirement fund must not be made
based on earnings of a person working under an agreement covered by this section. No
change may be made to a monthly annuity or retirement allowance based on employment
under this section.

Subd. 7.

Subsequent employment.

If a person has been in a postretirement option
position and accepts any other position in public service beyond the period of time for
which the person participated in the postretirement option provided under this section, the
person may not earn service credit in the general employees retirement plan of the Public
Employees Retirement Association, no employer contributions or payroll deductions for
the retirement fund may be made, and the provisions of section 353.37 apply.

EFFECTIVE DATE.

This section is effective the day following final enactment
and expires on June 30, 2011. Individuals must not be appointed to a postretirement option
position after that date.

ARTICLE 6

MNSCU RELATED RETIREMENT PROVISIONS

Section 1.

[136F.481] EARLY SEPARATION INCENTIVE PROGRAM.

(a) Notwithstanding any provision of law to the contrary, the Board of Trustees
of the Minnesota State Colleges and Universities may offer a targeted early separation
incentive program for its employees.

(b) The early separation incentive program may include one or both of the following:

(1) cash incentives, not to exceed one year of base salary; or

(2) employer contributions to the postretirement healthcare savings plan established
under section 352.98.

(c) To be eligible to receive an incentive, an employee must be at least age 55
and must have at least five years of employment by the Minnesota State Colleges and
Universities System. The board of trustees shall establish the eligibility requirements
for system employees to receive an incentive. The board of trustees shall file a copy
of its proposed eligibility requirements with the chairs and ranking members of the
Senate Committee on Higher Education and the Higher Education Budget and Policy
Division of the Senate Committee on Finance and with the chair and ranking members of
the Higher Education and Workforce Development Finance and Policy Division of the
Finance Committee of the House of Representatives at least 30 days before their final
adoption by the board of trustees, shall post the same document on the system website at
the same time, and shall hold a public hearing on the proposed eligibility requirements.
The type and any additional amount of the incentive to be offered may vary by employee
classification, as specified by the board.

(d) The president of a college or university, consistent with paragraphs (b) and
(c), may designate:

(1) specific departments or programs at the college or university whose employees
are eligible to be offered the incentive program; or

(2) positions at the college or university eligible to be offered the incentive program.

(e) The chancellor, consistent with paragraphs (b) and (c), may designate:

(1) system office divisions whose employees are eligible to be offered the incentive
program; or

(2) positions at the system office eligible to be offered the incentive program.

(f) Acceptance of the offered incentive must be voluntary on the part of the employee
and must be in writing. The incentive may only be offered at the sole discretion of the
president of the applicable college or university.

(g) A decision by the president of a college or university or by the chancellor not to
offer an incentive may not be challenged.

(h) The cost of the incentive is payable by the college or university on whose behalf
the president offered the incentive or from the system office budget if the chancellor
offered the incentive. If a college or university is merged, the remaining cost of any
early separation incentive must be borne by the successor institution. If a college or
university is closed, the remaining cost of any early separation incentive must be borne
by the board of trustees.

(i) Annually, the chancellor and the president of each college or university must
report on the number and types of early separation incentives which were offered and
utilized under this section. The report must be filed annually with the board of trustees and
with the Legislative Reference Library on or before September 1.

EFFECTIVE DATE; SUNSET.

This section is effective the day following final
enactment and expires June 30, 2014.

Sec. 2.

[136F.482] APPLICATION OF OTHER LAWS.

Unilateral implementation of section 136F.481 by the Board of Trustees of the
Minnesota State Colleges and Universities, by the chancellor, or by a president of a college
or university is not an unfair labor practice under chapter 179A.

EFFECTIVE DATE; SUNSET.

This section is effective the day following final
enactment and expires June 30, 2014.

Sec. 3.

Minnesota Statutes 2008, section 354B.21, subdivision 2, is amended to read:


Subd. 2.

Coverage; election.

(a) For Eligible persons who were employed by
the former state university system or the former community college system before May
1, 1995, the person has the retirement coverage that the person had for employment
immediately before May 1, 1995.

(b) For all other eligible persons (a) Eligible persons who were employed by
the Minnesota State Colleges and Universities System on or after June 30, 2009
,
unless otherwise specified in this section, the eligible person is are authorized to elect
prospective Teachers Retirement Association plan coverage rather than coverage by
the plan established by this chapter. The election of prospective Teachers Retirement
Association plan coverage shall must be made within one year of commencing eligible
Minnesota State Colleges and Universities system employment. If an election is not made
within the specified election period due to a termination of Minnesota State Colleges and
Universities system employment, an election may be made within 90 days of returning to
eligible Minnesota State Colleges and Universities system employment. All elections are
irrevocable. Prior to Before making an election, the eligible person shall be is covered by
the plan indicated as default coverage under subdivision 3.

(b) Except as provided in paragraph (c), a purchase of service credit in the Teachers
Retirement Association plan for any period or periods of Minnesota State Colleges and
Universities system employment occurring prior to before the election under paragraph
(b) (a) is prohibited.

(c) Notwithstanding paragraphs (a) and (b), a faculty member who is a member of
the individual retirement account plan who first achieves tenure or its equivalent at a
Minnesota state college or university after June 30, 2009, may elect to transfer retirement
coverage under the teachers retirement plan within one year of the faculty member
achieving tenure or its equivalent at a Minnesota state college or university. The faculty
member electing Teachers Retirement Association coverage under this paragraph must
purchase service credit in the Teachers Retirement Association for the entire period of
time covered under the individual retirement account plan and the purchase payment
amount must be determined under section 356.551. The Teachers Retirement Association
may charge a faculty member transferring coverage a reasonable fee to cover the costs
associated with computing the actuarial cost of purchasing service credit and making the
transfer. A faculty member transferring from the individual retirement account plan to the
Teachers Retirement Association may use any balances to the credit of the faculty member
in the individual retirement account plan, any balances to the credit of the faculty member
in the higher education supplemental retirement plan established under chapter 354C, or
any source specified in section 356.441, subdivision 1, to purchase the service credit in the
Teachers Retirement Association. If the total amount of payments under this paragraph are
less than the total purchase payment amount under section 356.551, the payment amounts
must be refunded to the applicable source. The retirement coverage transfer and service
credit purchase authority under this paragraph expires with respect to any Minnesota State
Colleges and Universities System faculty initially hired after June 30, 2014.

EFFECTIVE DATE.

This section is effective July 1, 2009.

ARTICLE 7

ST. PAUL TEACHERS RETIREMENT FUND ASSOCIATION

POSTRETIREMENT ADJUSTMENTS

Section 1.

Minnesota Statutes 2008, section 354A.29, subdivision 3, is amended to
read:


Subd. 3.

Postretirement adjustment.

(a) The postretirement adjustment described
in the articles and bylaws of the St. Paul Teachers Retirement Fund Association this
section
must be determined by the executive director of the St. Paul Teachers Retirement
Fund Association and approved by the
board annually after June 30 using the procedures
under this section
.

(b) On January 1,each eligible person who has been receiving an annuity or benefit
under the articles of incorporation, the bylaws, or this chapter for at least 12 three calendar
months as of the end of the fiscal last day of the previous calendar year is eligible to
receive a postretirement adjustment of 2.0 percent that is payable each January 1 increase
as further specified in this subdivision
.

(c) A percentage adjustment must be computed and paid under this subdivision to
eligible persons under paragraph (b). This adjustment is determined by reference to the
Consumer Price Index for urban wage earners and clerical workers all items index as
reported by the Bureau of Labor Statistics within the United States Department of Labor
each year as part of the determination of annual cost-of-living adjustments to recipients of
federal old-age, survivors, and disability insurance. For calculations of the cost-of-living
adjustment under paragraph (d), the term "average third quarter Consumer Price Index
value" means the sum of the monthly index values as initially reported by the Bureau of
Labor Statistics for the months of July, August, and September, divided by 3.

(d) Before January 1 of each year, the executive director must calculate the amount
of the cost-of-living adjustment by dividing the most recent average third quarter index
value by the same average third quarter index value from the previous year, subtract one
from the resulting quotient, and express the result as a percentage amount, which must be
rounded to the nearest one-tenth of one percent.

(e) The amount calculated under paragraph (d) is the full cost-of-living adjustment
to be applied as a permanent increase to the regular payment of each eligible member
on January 1 of the next calendar year. For any eligible member whose effective date
of benefit commencement occurred during the calendar year before the cost-of-living
adjustment is applied, the full increase amount must be prorated on the basis of whole
calendar quarters in benefit payment status in the calendar year prior to the January 1 on
which the cost-of-living adjustment is applied, calculated to the third decimal place.

(f) The adjustment may not be less than zero, nor greater than five percent.

Sec. 2. BYLAW REVISION AUTHORIZATION.

Consistent with Minnesota Statutes, section 354A.12, subdivision 4, the board of
the St. Paul Teachers Retirement Fund Association shall revise the bylaws or articles of
incorporation of the teachers retirement fund association to conform with section 1.

Sec. 3. REPEALER.

Minnesota Statutes 2008, section 354A.29, subdivisions 2, 4, and 5, are repealed.

Sec. 4. EFFECTIVE DATE.

Sections 1 to 3 are effective January 1, 2010, and expire June 30, 2011.

ARTICLE 8

LOCAL POLICE AND PAID FIRE

RELIEF ASSOCIATION CHANGES

Section 1.

Minnesota Statutes 2008, section 69.77, subdivision 4, is amended to read:


Subd. 4.

Relief association financial requirements; minimum municipal
obligation.

(a) The officers of the relief association shall determine the financial
requirements of the relief association and minimum obligation of the municipality for
the following calendar year in accordance with the requirements of this subdivision.
The financial requirements of the relief association and the minimum obligation of the
municipality must be determined on or before the submission date established by the
municipality under subdivision 5.

(b) The financial requirements of the relief association for the following calendar
year must be based on the most recent actuarial valuation or survey of the special fund of
the association if more than one fund is maintained by the association, or of the association,
if only one fund is maintained, prepared in accordance with sections 356.215, subdivisions
4 to 15
, and 356.216, as required under subdivision 10. If an actuarial estimate is prepared
by the actuary of the relief association as part of obtaining a modification of the benefit
plan of the relief association and the modification is implemented, the actuarial estimate
must be used in calculating the subsequent financial requirements of the relief association.

(c) If the relief association has an unfunded actuarial accrued liability as reported in
the most recent actuarial valuation or survey, the total of the amounts calculated under
clauses (1), (2), and (3), constitute the financial requirements of the relief association for
the following year. If the relief association does not have an unfunded actuarial accrued
liability as reported in the most recent actuarial valuation or survey, the amount calculated
under clauses (1) and (2) constitute the financial requirements of the relief association for
the following year. The financial requirement elements are:

(1) the normal level cost requirement for the following year, expressed as a dollar
amount, which must be determined by applying the normal level cost of the relief
association as reported in the actuarial valuation or survey and expressed as a percentage
of covered payroll to the estimated covered payroll of the active membership of the relief
association, including any projected change in the active membership, for the following
year;

(2) for the Bloomington Fire Department Relief Association, the Fairmont Police
Relief Association, and the Virginia Fire Department Relief Association, to the dollar
amount of normal cost determined under clause (1) must be added an amount equal to the
dollar amount of the administrative expenses of the special fund of the association if more
than one fund is maintained by the association, or of the association if only one fund is
maintained, for the most recent year, multiplied by the factor of 1.035. The administrative
expenses are those authorized under section 69.80. No amount of administrative expenses
under this clause are to be included in the financial requirements of the Minneapolis
Firefighters Relief Association or the Minneapolis Police Relief Association; and

(3) to the dollar amount of normal cost and expenses determined under clauses
(1) and (2) must be added an amount equal to the level annual dollar amount which is
sufficient to amortize the unfunded actuarial accrued liability by December 31, 2010, the
Fairmont Police Relief Association, the Minneapolis Firefighters Relief Association,
and the Virginia Fire Department Relief Association, by the date determined under
section 356.216, paragraph (a), clause (2), for the Bloomington Fire Department Relief
Association, and by December 31, 2020, for the Minneapolis Police Relief Association,
as
determined from the actuarial valuation or survey of the fund, using an interest assumption
set at the applicable rate specified in section 356.215, subdivision 8. The, by that
fund's
amortization date as specified in this clause applies to all local police or salaried
firefighters' relief associations and that date supersedes any amortization date specified in
any applicable special law
paragraph (d).

(d) The Minneapolis Firefighters Relief Association special fund amortization date
is determined under section 423C.15, subdivisions 3 and 4. The Virginia Fire Department
Relief Association special fund amortization date is December 31, 2010. The Minneapolis
Police Relief Association special fund and the Fairmont Police Relief Association
special fund amortization date is December 31, 2020. The Bloomington Fire Department
Relief Association special fund amortization date is determined under section 356.216,
paragraph (a), clause (2). The amortization date specified in this paragraph supersedes any
amortization date specified in any applicable special law.

(d) (e) The minimum obligation of the municipality is an amount equal to the
financial requirements of the relief association reduced by the estimated amount of
member contributions from covered salary anticipated for the following calendar year and
the estimated amounts anticipated for the following calendar year from the applicable
state aid program established under sections 69.011 to 69.051 receivable by the relief
association after any allocation made under section 69.031, subdivision 5, paragraph (b),
clause (2), or 423A.01, subdivision 2, paragraph (a), clause (6), from the local police
and salaried firefighters' relief association amortization aid program established under
section 423A.02, subdivision 1, from the supplementary amortization state-aid program
established under section 423A.02, subdivision 1a, and from the additional amortization
state aid under section 423A.02, subdivision 1b.

EFFECTIVE DATE; LOCAL APPROVAL.

This section is effective the day after
the Fairmont City Council and the chief clerical officer of the city of Fairmont timely
complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.

Sec. 2.

Minnesota Statutes 2008, section 423A.02, subdivision 1, is amended to read:


Subdivision 1.

Amortization state aid.

(a) A municipality in which is located
a local police or salaried firefighters' relief association to which the provisions of
section 69.77, apply, that had an unfunded actuarial accrued liability in the most recent
relief association actuarial valuation, is entitled, upon application as required by the
commissioner of revenue, to receive local police and salaried firefighters' relief association
amortization state aid if the municipality and the appropriate relief association both comply
with the applicable provisions of sections 69.031, subdivision 5, 69.051, subdivisions 1
and 3
, and 69.77. If a municipality loses entitlement for amortization state aid in any year
because its local relief association no longer has an unfunded actuarial accrued liability,
the municipality is not entitled to amortization state aid in any subsequent year.

(b) The total amount of amortization state aid to all entitled municipalities must
not exceed $5,055,000.

(c) Subject to the adjustment for the city of Minneapolis provided in this paragraph,
the amount of amortization state aid to which a municipality is entitled annually is an
amount equal to the level annual dollar amount required to amortize, by December 31,
2010, the unfunded actuarial accrued liability of the special fund of the appropriate
relief association as reported in the December 31, 1978, actuarial valuation of the
relief association prepared under sections 356.215 and 356.216, reduced by the dollar
amount required to pay the interest on the unfunded actuarial accrued liability of the
special fund of the relief association for calendar year 1981 set at the rate specified in
Minnesota Statutes 1978, section 356.215, subdivision 8. For the city of Minneapolis, the
amortization state aid amount thus determined must be reduced by $747,232 on account of
the Minneapolis Police Relief Association and by $772,768 on account of the Minneapolis
Fire Department Relief Association. If the amortization state aid amounts determined
under this paragraph exceed the amount appropriated for this purpose, the amortization
state aid for actual allocation must be reduced pro rata.

(d) Payment of amortization state aid to municipalities must be made directly to
the municipalities involved in three equal installments on July 15, September 15, and
November 15 annually. Upon receipt of amortization state aid, the municipal treasurer
shall transmit the aid amount to the treasurer of the local relief association for immediate
deposit in the special fund of the relief association.

(e) The commissioner of revenue shall prescribe and periodically revise the form for
and content of the application for the amortization state aid.

Sec. 3.

Minnesota Statutes 2008, section 423A.02, subdivision 3, is amended to read:


Subd. 3.

Reallocation of amortization or supplementary amortization state
aid.

(a) Seventy percent of the difference between $5,720,000 and the current year
amortization aid or supplemental amortization aid distributed under subdivisions 1 and 1a
that is not distributed for any reason to a municipality for use by a local police or salaried
fire relief association must be distributed by the commissioner of revenue according to this
paragraph. The commissioner shall distribute 70 50 percent of the amounts derived under
this paragraph to the Teachers Retirement Association, ten percent to the Duluth Teachers
Retirement Fund Association,
and 30 40 percent to the St. Paul Teachers Retirement Fund
Association to fund the unfunded actuarial accrued liabilities of the respective funds.
These payments shall be made on or before June 30 each fiscal year. The amount required
under this paragraph is appropriated annually from the general fund to the commissioner
of revenue. If the St. Paul Teachers Retirement Fund Association becomes fully funded,
its eligibility for this aid ceases. Amounts remaining in the undistributed balance account
at the end of the biennium if aid eligibility ceases cancel to the general fund.

(b) In order to receive amortization and supplementary amortization aid under
paragraph (a), Independent School District No. 625, St. Paul, must make contributions
to the St. Paul Teachers Retirement Fund Association in accordance with the following
schedule:

Fiscal Year
Amount
1996
$
0
1997
$
0
1998
$
200,000
1999
$
400,000
2000
$
600,000
2001 and thereafter
$
800,000

(c) Special School District No. 1, Minneapolis, and the city of Minneapolis must
each make contributions to the Teachers Retirement Association in accordance with the
following schedule:

Fiscal Year
City amount
School district
amount
1996
$
0
$
0
1997
$
0
$
0
1998
$
250,000
$
250,000
1999
$
400,000
$
400,000
2000
$
550,000
$
550,000
2001
$
700,000
$
700,000
2002
$
850,000
$
850,000
2003 and thereafter
$
1,000,000
$
1,000,000

(d) Money contributed under paragraph (a) and either paragraph (b) or (c), as
applicable, must be credited to a separate account in the applicable teachers retirement
fund and may not be used in determining any benefit increases. The separate account
terminates for a fund when the aid payments to the fund under paragraph (a) cease.

(e) Thirty percent of the difference between $5,720,000 and the current year
amortization aid or supplemental amortization aid under subdivisions 1 and 1a that is not
distributed for any reason to a municipality for use by a local police or salaried firefighter
relief association must be distributed under section 69.021, subdivision 7, paragraph (d),
as additional funding to support a minimum fire state aid amount for volunteer firefighter
relief associations. The amount required under this paragraph is appropriated annually
to the commissioner of revenue.

Sec. 4.

Minnesota Statutes 2008, section 423C.03, subdivision 1, is amended to read:


Subdivision 1.

Board composition and elections.

The board shall consist of
two persons appointed by the city and ten the number of other members specified in
the association bylaws, but not to exceed ten, who must be
selected by the members.
Elections for active and retired positions on the board shall be conducted pursuant to
the association's bylaws.

EFFECTIVE DATE.

This section is effective the day following final enactment.

ARTICLE 9

VOLUNTARY STATEWIDE LUMP SUM

VOLUNTEER FIREFIGHTER RETIREMENT PLAN

Section 1.

Minnesota Statutes 2008, section 11A.17, subdivision 1, is amended to read:


Subdivision 1.

Purpose; accounts; continuation.

(a) The purpose of the
supplemental investment fund is to provide an investment vehicle for the assets of various
public retirement plans and funds.

(b) The fund consists of seven eight investment accounts: an income share account,
a growth share account, an international share account, a money market account, a fixed
interest account, a bond market account, and a common stock index account, and a
volunteer firefighter account
.

(c) The supplemental investment fund is a continuation of the supplemental
retirement fund in existence on January 1, 1980.

Sec. 2.

Minnesota Statutes 2008, section 11A.17, subdivision 2, is amended to read:


Subd. 2.

Assets.

(a) The assets of the supplemental investment fund shall consist
of the money certified and transmitted to the state board from the participating public
retirement plans and funds or from the board of the Minnesota State Colleges and
Universities under section 136F.45 and from the voluntary statewide lump-sum volunteer
firefighter retirement plan under section 353G.08
.

(b) With the exception of the assets of the voluntary statewide lump-sum volunteer
firefighter retirement fund,
the assets must be used to purchase investment shares in
the investment accounts as specified by the plan or fund. The assets of the voluntary
statewide lump-sum volunteer firefighter retirement fund must be invested in the volunteer
firefighter account.

(c) These accounts must be valued at least on a monthly basis but may be valued
more frequently as determined by the State Board of Investment.

Sec. 3.

Minnesota Statutes 2008, section 69.011, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

Unless the language or context clearly indicates that a
different meaning is intended, the following words and terms shall, for the purposes of this
chapter and chapters 423, 423A, 424 and 424A, have the meanings ascribed to them:

(a) "Commissioner" means the commissioner of revenue.

(b) "Municipality" means:

(1) a home rule charter or statutory city;

(2) an organized town;

(3) a park district subject to chapter 398;

(4) the University of Minnesota;

(5) for purposes of the fire state aid program only, an American Indian tribal
government entity located within a federally recognized American Indian reservation;

(6) for purposes of the police state aid program only, an American Indian tribal
government with a tribal police department which exercises state arrest powers under
section 626.90, 626.91, 626.92, or 626.93;

(7) for purposes of the police state aid program only, the Metropolitan Airports
Commission with respect to peace officers covered under chapter 422A; and

(8) for purposes of the police state aid program only, the Department of Natural
Resources and the Department of Public Safety with respect to peace officers covered
under chapter 352B.

(c) "Minnesota Firetown Premium Report" means a form prescribed by the
commissioner containing space for reporting by insurers of fire, lightning, sprinkler
leakage and extended coverage premiums received upon risks located or to be performed
in this state less return premiums and dividends.

(d) "Firetown" means the area serviced by any municipality having a qualified fire
department or a qualified incorporated fire department having a subsidiary volunteer
firefighters' relief association.

(e) "Market value" means latest available market value of all property in a taxing
jurisdiction, whether the property is subject to taxation, or exempt from ad valorem
taxation obtained from information which appears on abstracts filed with the commissioner
of revenue or equalized by the State Board of Equalization.

(f) "Minnesota Aid to Police Premium Report" means a form prescribed by the
commissioner for reporting by each fire and casualty insurer of all premiums received
upon direct business received by it in this state, or by its agents for it, in cash or otherwise,
during the preceding calendar year, with reference to insurance written for insuring against
the perils contained in auto insurance coverages as reported in the Minnesota business
schedule of the annual financial statement which each insurer is required to file with
the commissioner in accordance with the governing laws or rules less return premiums
and dividends.

(g) "Peace officer" means any person:

(1) whose primary source of income derived from wages is from direct employment
by a municipality or county as a law enforcement officer on a full-time basis of not less
than 30 hours per week;

(2) who has been employed for a minimum of six months prior to December 31
preceding the date of the current year's certification under subdivision 2, clause (b);

(3) who is sworn to enforce the general criminal laws of the state and local
ordinances;

(4) who is licensed by the Peace Officers Standards and Training Board and is
authorized to arrest with a warrant; and

(5) who is a member of a local police relief association to which section 69.77
applies, the State Patrol retirement plan, the public employees police and fire fund, or the
Minneapolis Employees Retirement Fund.

(h) "Full-time equivalent number of peace officers providing contract service" means
the integral or fractional number of peace officers which would be necessary to provide
the contract service if all peace officers providing service were employed on a full-time
basis as defined by the employing unit and the municipality receiving the contract service.

(i) "Retirement benefits other than a service pension" means any disbursement
authorized under section 424A.05, subdivision 3, clauses (2) and (3).

(j) "Municipal clerk, municipal clerk-treasurer, or county auditor" means the person
who was elected or appointed to the specified position or, in the absence of the person,
another person who is designated by the applicable governing body. In a park district,
the clerk is the secretary of the board of park district commissioners. In the case of the
University of Minnesota, the clerk is that official designated by the Board of Regents.
For the Metropolitan Airports Commission, the clerk is the person designated by the
commission. For the Department of Natural Resources or the Department of Public Safety,
the clerk is the respective commissioner. For a tribal police department which exercises
state arrest powers under section 626.90, 626.91, 626.92, or 626.93, the clerk is the person
designated by the applicable American Indian tribal government.

(k) "Voluntary statewide lump-sum volunteer firefighter retirement plan" means the
retirement plan established by chapter 353G.

Sec. 4.

Minnesota Statutes 2008, section 69.011, subdivision 2, is amended to read:


Subd. 2.

Qualification for fire or police state aid.

(a) Unless retirement coverage
is provided by the voluntary statewide lump-sum volunteer firefighter retirement plan,
in
order to qualify to receive fire state aid, on or before March 15 annually, in conjunction
with the financial report required pursuant to section 69.051, the clerk of each municipality
having a duly organized fire department as provided in subdivision 4, or the secretary of
each independent nonprofit firefighting corporation having a subsidiary incorporated
firefighters' relief association whichever is applicable, and the fire chief, shall jointly
certify the existence of the municipal fire department or of the independent nonprofit
firefighting corporation, whichever is applicable, which meets the minimum qualification
requirements set forth in this subdivision, and the fire personnel and equipment of the
municipal fire department or the independent nonprofit firefighting corporation as of the
preceding December 31.

(b) Where retirement coverage is provided by the voluntary statewide lump-sum
volunteer firefighter retirement plan, the executive director of the Public Employees
Retirement Association shall certify the existence of that coverage for each municipality
and the municipal clerk or independent nonprofit firefighting corporation secretary,
whichever applies, and the applicable fire chief shall certify the fire personnel and fire
department equipment as of the preceding December 31.

(c) Certification shall must be made to the commissioner on a form prescribed
by the commissioner and shall include any other facts the commissioner may require.
The certification shall must be made to the commissioner in duplicate. Each copy of the
certificate shall must be duly executed and is deemed to be an original. The commissioner
shall forward one copy to the auditor of the county wherein the fire department is located
and shall retain one copy.

(b) (d) On or before March 15 annually the clerk of each municipality having a duly
organized police department and having a duly incorporated relief association shall certify
that fact to the county auditor of the county where the police department is located and to
the commissioner on a form prescribed by the commissioner together with the other facts
the commissioner or auditor may require.

(e) Except as provided in subdivision 2b, on or before March 15 annually, the clerk
of each municipality and the auditor of each county employing one or more peace officers
as defined in subdivision 1, clause (g), shall certify the number of such peace officers to
the commissioner on forms prescribed by the commissioner. Credit for officers employed
less than a full year shall must be apportioned. Each full month of employment of a
qualifying officer during the calendar year shall entitle entitles the employing municipality
or county to credit for 1/12 of the payment for employment of a peace officer for the entire
year. For purposes of sections 69.011 to 69.051, employment of a peace officer shall
commence
commences when the peace officer is entered on the payroll of the respective
municipal police department or county sheriff's department. No peace officer shall may be
included in the certification of the number of peace officers by more than one municipality
or county for the same month.

Sec. 5.

Minnesota Statutes 2008, section 69.011, subdivision 4, is amended to read:


Subd. 4.

Qualification for state aid.

Any municipality in this state having for more
than one year an organized fire department and officially established by the governing
body of the municipality or an independent nonprofit fire fighting corporation created
under the nonprofit corporation act of this state and operating exclusively for fire fighting
purposes and providing retirement and relief benefits to its members or, having a separate
subsidiary incorporated firefighter's relief and pension association providing retirement and
relief benefits, or participating in the voluntary statewide lump-sum volunteer firefighter
retirement plan,
may qualify to receive state aid if it meets the following minimum
requirements or equivalent as determined by the state fire marshal by July 1, 1972:

(a) ten paid or volunteer firefighters including a fire chief and assistant fire chief, and

(b) regular scheduled meetings and frequent drills including instructions in fire
fighting tactics and in the use, care, and operation of all fire apparatus and equipment, and

(c) a motorized fire truck equipped with a motorized pump, 250 gallon or larger
water tank, 300 feet of one inch or larger fire hose in two lines with combination spray
and straight stream nozzles, five-gallon hand pumps--tank extinguisher or equivalent, dry
chemical extinguisher or equivalent, ladders, extension ladders, pike poles, crow bars,
axes, lanterns, fire coats, helmets, boots, and

(d) apparatus suitably housed in a building of good construction with facilities for
care of hose and equipment, and

(e) a reliable and adequate method of receiving fire alarms by telephone or with
electric siren and suitable means of sounding an alarm, and

(f) if response is to be provided outside the corporate limits of the municipality
wherein the fire department is located, the municipality has another piece of motorized
apparatus to make the response, and

(g) other requirements the commissioner establishes by rule.

Sec. 6.

Minnesota Statutes 2008, section 69.021, subdivision 7, is amended to read:


Subd. 7.

Apportionment of fire state aid to municipalities and relief associations.

(a) The commissioner shall apportion the fire state aid relative to the premiums reported
on the Minnesota Firetown Premium Reports filed under this chapter to each municipality
and/or firefighters relief association.

(b) The commissioner shall calculate an initial fire state aid allocation amount for
each municipality or fire department under paragraph (c) and a minimum fire state aid
allocation amount for each municipality or fire department under paragraph (d). The
municipality or fire department must receive the larger fire state aid amount.

(c) The initial fire state aid allocation amount is the amount available for
apportionment as fire state aid under subdivision 5, without inclusion of any additional
funding amount to support a minimum fire state aid amount under section 423A.02,
subdivision 3
, allocated one-half in proportion to the population as shown in the last
official statewide federal census for each fire town and one-half in proportion to the market
value of each fire town, including (1) the market value of tax exempt property and (2) the
market value of natural resources lands receiving in lieu payments under sections 477A.11
to 477A.14, but excluding the market value of minerals. In the case of incorporated or
municipal fire departments furnishing fire protection to other cities, towns, or townships
as evidenced by valid fire service contracts filed with the commissioner, the distribution
must be adjusted proportionately to take into consideration the crossover fire protection
service. Necessary adjustments shall must be made to subsequent apportionments. In
the case of municipalities or independent fire departments qualifying for the aid, the
commissioner shall calculate the state aid for the municipality or relief association on the
basis of the population and the market value of the area furnished fire protection service
by the fire department as evidenced by duly executed and valid fire service agreements
filed with the commissioner. If one or more fire departments are furnishing contracted
fire service to a city, town, or township, only the population and market value of the
area served by each fire department may be considered in calculating the state aid and
the fire departments furnishing service shall enter into an agreement apportioning among
themselves the percent of the population and the market value of each service area. The
agreement must be in writing and must be filed with the commissioner.

(d) The minimum fire state aid allocation amount is the amount in addition to the
initial fire state allocation amount that is derived from any additional funding amount
to support a minimum fire state aid amount under section 423A.02, subdivision 3, and
allocated to municipalities with volunteer firefighters relief associations or covered by the
voluntary statewide lump-sum volunteer firefighter retirement plan
based on the number
of active volunteer firefighters who are members of the relief association as reported
in the annual financial reporting for the calendar year 1993 to the Office of the State
Auditor, but not to exceed 30 active volunteer firefighters, so that all municipalities or
fire departments with volunteer firefighters relief associations receive in total at least a
minimum fire state aid amount per 1993 active volunteer firefighter to a maximum of
30 firefighters. If a relief association is established after calendar year 1993 and before
calendar year 2000, the number of active volunteer firefighters who are members of the
relief association as reported in the annual financial reporting for calendar year 1998
to the Office of the State Auditor, but not to exceed 30 active volunteer firefighters,
shall be used in this determination. If a relief association is established after calendar
year 1999, the number of active volunteer firefighters who are members of the relief
association as reported in the first annual financial reporting submitted to the Office of
the State Auditor, but not to exceed 20 active volunteer firefighters, must be used in this
determination. If a relief association is terminated as a result of providing retirement
coverage for volunteer firefighters by the voluntary statewide lump-sum volunteer
firefighter retirement plan under chapter 353G, the number of active volunteer firefighters
of the municipality covered by the statewide plan as certified by the executive director of
the Public Employees Retirement Association to the commissioner and the state auditor,
but not to exceed 30 active firefighters, must be used in this determination.

(e) Unless the firefighters of the applicable fire department are members of the
voluntary statewide lump-sum volunteer firefighter retirement plan,
the fire state aid must
be paid to the treasurer of the municipality where the fire department is located and the
treasurer of the municipality shall, within 30 days of receipt of the fire state aid, transmit
the aid to the relief association if the relief association has filed a financial report with the
treasurer of the municipality and has met all other statutory provisions pertaining to the
aid apportionment. If the firefighters of the applicable fire department are members of
the voluntary statewide lump-sum volunteer firefighter retirement plan, the fire state aid
must be paid to the executive director of the Public Employees Retirement Association
and deposited in the voluntary statewide lump-sum volunteer firefighter retirement fund.

(f) The commissioner may make rules to permit the administration of the provisions
of this section.

(g) Any adjustments needed to correct prior misallocations must be made to
subsequent apportionments.

Sec. 7.

Minnesota Statutes 2008, section 69.021, subdivision 9, is amended to read:


Subd. 9.

Appeal.

In the event that any a municipality, a county, a fire relief
association, or a police relief association, or the voluntary statewide lump-sum volunteer
firefighter retirement plan,
feels itself to be aggrieved, it may request the commissioner to
review and adjust the apportionment of funds within the county in the case of police state
aid, or within the state in the case of fire state aid. The decision of the commissioner is
subject to appeal, review, and adjustment by the district court in the county in which the
applicable municipality, fire department, or police department is located.

Sec. 8.

Minnesota Statutes 2008, section 69.031, subdivision 1, is amended to read:


Subdivision 1.

Commissioner of finance's warrant.

(a) The commissioner of
finance shall issue to the Public Employees Retirement Association on behalf of a
municipality or independent nonprofit firefighting corporation that is a member of the
voluntary statewide lump-sum volunteer firefighter retirement plan under chapter 353G or
to
the county, municipality, or independent nonprofit firefighting corporation certified to
the commissioner of finance by the commissioner a warrant for an amount equal to the
amount of fire state aid or police state aid, whichever applies, certified for the applicable
state aid recipient by the commissioner under section 69.021.

(b) The amount of state aid due and not paid by October 1 accrues interest at the rate
of one percent for each month or part of a month the amount remains unpaid, beginning
the preceding July 1.

Sec. 9.

Minnesota Statutes 2008, section 69.031, subdivision 5, is amended to read:


Subd. 5.

Deposit of state aid.

(a) If the municipality or the independent nonprofit
firefighting corporation is covered by the voluntary statewide lump-sum volunteer
firefighter retirement plan under chapter 353G, the executive director shall credit the
fire state aid against future municipal contribution requirements under section 353G.08
and shall notify the municipality or independent nonprofit firefighting corporation of
the fire state aid so credited at least annually. If the municipality or the independent
nonprofit firefighting corporation is not covered by the voluntary statewide lump-sum
volunteer firefighter retirement plan,
the municipal treasurer shall, within 30 days after
receipt, transmit the fire state aid to the treasurer of the duly incorporated firefighters'
relief association if there is one organized and 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 fire state aid to
the relief association until the complete financial report is filed. If the municipality or
independent nonprofit firefighting corporation is not covered by the voluntary statewide
lump-sum volunteer firefighter retirement plan, if
there is no relief association organized,
or if the association has dissolved, or has been removed as trustees of state aid, then the
treasurer of the municipality shall deposit the money in the municipal treasury as provided
for in section 424A.08 and the money may be disbursed only for the purposes and in the
manner set forth in that section.

(b) The municipal treasurer, upon receipt of the police state aid, shall disburse the
police state aid in the following manner:

(1) For a municipality in which a local police relief association exists and all peace
officers are members of the association, the total state aid must be transmitted to the
treasurer of the relief association within 30 days of the date of receipt, and the treasurer
of the relief association shall immediately deposit the total state aid in the special fund
of the relief association;

(2) For a municipality in which police retirement coverage is provided by the public
employees police and fire fund and all peace officers are members of the fund, including
municipalities covered by section 353.665, the total state aid must be applied toward the
municipality's employer contribution to the public employees police and fire fund under
sections 353.65, subdivision 3, and 353.665, subdivision 8, paragraph (b), if applicable; or

(3) For a municipality other than a city of the first class with a population of more
than 300,000 in which both a police relief association exists and police retirement
coverage is provided in part by the public employees police and fire fund, the municipality
may elect at its option to transmit the total state aid to the treasurer of the relief association
as provided in clause (1), to use the total state aid to apply toward the municipality's
employer contribution to the public employees police and fire fund subject to all the
provisions set forth in clause (2), or to allot the total state aid proportionately to be
transmitted to the police relief association as provided in this subdivision and to apply
toward the municipality's employer contribution to the public employees police and fire
fund subject to the provisions of clause (2) on the basis of the respective number of active
full-time peace officers, as defined in section 69.011, subdivision 1, clause (g).

For a city of the first class with a population of more than 300,000, in addition, the
city may elect to allot the appropriate portion of the total police state aid to apply toward
the employer contribution of the city to the public employees police and fire fund based
on the covered salary of police officers covered by the fund each payroll period and to
transmit the balance to the police relief association; or

(4) For a municipality in which police retirement coverage is provided in part by
the public employees police and fire fund and in part by a local police consolidation
account governed by chapter 353A and established before March 2, 1999, for which the
municipality declined merger under section 353.665, subdivision 1, or established after
March 1, 1999, the total police state aid must be applied towards the municipality's total
employer contribution to the public employees police and fire fund and to the local police
consolidation account under sections 353.65, subdivision 3, and 353A.09, subdivision 5.

(c) The county treasurer, upon receipt of the police state aid for the county, shall
apply the total state aid toward the county's employer contribution to the public employees
police and fire fund under section 353.65, subdivision 3.

(d) The designated Metropolitan Airports Commission official, upon receipt of the
police state aid for the Metropolitan Airports Commission, shall apply the total police
state aid first toward the commission's employer contribution for police officers to the
Minneapolis Employees Retirement Fund under section 422A.101, subdivision 2a, and, if
there is any amount of police state aid remaining, shall apply that remainder toward the
commission's employer contribution for police officers to the public employees police and
fire plan under section 353.65, subdivision 3.

(e) The police state aid apportioned to the Departments of Public Safety and Natural
Resources under section 69.021, subdivision 7a, is appropriated to the commissioner of
finance for transfer to the funds and accounts from which the salaries of peace officers
certified under section 69.011, subdivision 2a, are paid. The commissioner of revenue
shall certify to the commissioners of public safety, natural resources, and finance the
amounts to be transferred from the appropriation for police state aid. The commissioners
of public safety and natural resources shall certify to the commissioner of finance the
amounts to be credited to each of the funds and accounts from which the peace officers
employed by their respective departments are paid. Each commissioner must shall allocate
the police state aid first for employer contributions for employees funded from the general
fund and then for employer contributions for employees funded from other funds. For
peace officers whose salaries are paid from the general fund, the amounts transferred from
the appropriation for police state aid must be canceled to the general fund.

Sec. 10.

[353G.01] DEFINITIONS.

Subdivision 1.

Scope.

For the purposes of this chapter, the words or terms defined
in this section have the meanings given to them unless the context of the word or term
clearly indicates otherwise.

Subd. 2.

Advisory board.

"Advisory board" means the board established by section
353G.03.

Subd. 3.

Board.

"Board" means the board of trustees of the Public Employees
Retirement Association operating under section 353.03.

Subd. 4.

Commissioner of finance.

"Commissioner of finance" means the state
official appointed and qualified under section 16A.01.

Subd. 5.

Executive director; director.

"Executive director" or "director" means
the person appointed under section 353.03, subdivision 3a.

Subd. 6.

Fund.

"Fund" means the voluntary statewide lump-sum volunteer
firefighter retirement fund established under section 353G.02, subdivision 3.

Subd. 7.

Good time service credit.

"Good time 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
recognized on an annual or monthly basis.

Subd. 8.

Member.

"Member" means a volunteer firefighter who provides active
service to a municipal fire department or an independent nonprofit firefighting corporation
where the applicable municipality or corporation has elected coverage by the retirement
plan under section 353G.05, and which service is covered by the retirement plan.

Subd. 9.

Municipality.

"Municipality" means a governmental entity specified in
section 69.011, subdivision 1, paragraph (b), clauses (1), (2), and (5).

Subd. 10.

Plan.

"Plan" means the retirement plan established by this chapter.

Subd. 11.

Retirement fund.

"Retirement fund" means the voluntary statewide
lump-sum volunteer firefighter retirement fund established under section 353G.02,
subdivision 3.

Subd. 12.

Retirement plan.

"Retirement plan" means the retirement plan
established by this chapter.

Subd. 13.

Standards for actuarial work.

"Standards for actuarial work" means
the standards adopted by the Legislative Commission on Pensions and Retirement under
section 3.85, subdivision 10.

Subd. 14.

State Board of Investment.

"State Board of Investment" means the
board created by article XI, section 8, of the Minnesota Constitution and governed by
chapter 11A.

Subd. 15.

Volunteer firefighter.

"Volunteer firefighter" means a person who is
an active member of a municipal fire department or independent nonprofit firefighting
corporation and who, in that capacity, engages in fire suppression activities, provides
emergency response services, or delivers fire education or prevention services on an
on-call basis.

Sec. 11.

[353G.02] PLAN AND FUND CREATION.

Subdivision 1.

Retirement plan.

The voluntary statewide lump-sum volunteer
firefighter retirement plan is created.

Subd. 2.

Administration.

The policy-making, management, and administrative
functions related to the voluntary statewide lump-sum volunteer firefighter retirement
plan and fund are vested in the board of trustees and the executive director of the Public
Employees Retirement Association. Their duties, authority, and responsibilities are as
provided in section 353.03. Fiduciary activities of the plan and fund must be undertaken
in a manner consistent with chapter 356A.

Subd. 3.

Retirement fund.

(a) The voluntary statewide lump-sum volunteer
firefighter retirement fund is created. The fund contains the assets attributable to the
voluntary statewide lump-sum volunteer firefighter retirement plan.

(b) The State Board of Investment shall invest those portions of the retirement
fund not required for immediate purposes in the voluntary statewide lump-sum volunteer
firefighter retirement plan in the statewide lump-sum volunteer firefighter account of the
Minnesota supplemental investment fund under section 11A.17.

(c) The commissioner of finance is the ex officio treasurer of the voluntary statewide
lump-sum volunteer firefighter retirement fund. The commissioner of finance's general
bond to the state covers all liability for actions taken as the treasurer of the retirement fund.

(d) The revenues of the retirement plan beyond investment returns are governed by
section 353G.08 and must be deposited in the retirement fund. The disbursements of the
retirement plan are governed by section 353G.08. The commissioner of finance shall
transmit a detailed statement showing all credits to and disbursements from the retirement
fund to the executive director monthly.

Subd. 4.

Audit; actuarial valuation.

(a) The legislative auditor shall periodically
audit the voluntary statewide lump-sum volunteer firefighter retirement fund.

(b) An actuarial valuation of the voluntary statewide lump-sum volunteer firefighter
retirement plan may be performed periodically as determined to be appropriate or useful
by the board. An actuarial valuation must be performed by the approved actuary retained
under section 356.214 and must conform with section 356.215 and the standards for
actuarial work. An actuarial valuation must contain sufficient detail for each participating
employing entity to ascertain the actuarial condition of its account in the fund and the
contribution requirement towards its account.

Subd. 5.

Legal advisor; attorney general.

(a) The legal advisor of the board
and the executive director with respect to the voluntary statewide lump-sum volunteer
firefighter retirement plan is the attorney general.

(b) The board may sue, petition, be sued, or be petitioned under this chapter with
respect to the plan or the fund in the name of the board.

(c) The attorney general shall represent the board in all actions by the board or
against the board with respect to the plan or the fund.

(d) Venue of all actions related to the plan or fund is in the court for the first judicial
district unless the action is an appeal to the Court of Appeals under section 356.96.

Sec. 12.

[353G.03] VOLUNTARY STATEWIDE LUMP-SUM VOLUNTEER
FIREFIGHTER RETIREMENT PLAN ADVISORY BOARD.

Subdivision 1.

Establishment.

A Voluntary Statewide Lump-Sum Volunteer
Firefighter Retirement Plan Advisory Board is created.

Subd. 2.

Function; purpose.

The advisory board shall provide advice to the board
of trustees of the Public Employees Retirement Association about the retirement coverage
needs of volunteer firefighters who are members of the plan and about the legislative and
administrative changes that would assist the retirement plan in accommodating volunteer
firefighters who are not members of the plan.

Subd. 3.

Composition.

(a) The advisory board consists of seven members.

(b) The advisory board members are:

(1) one representative of Minnesota townships, appointed by the Minnesota
Association of Townships;

(2) two representatives of Minnesota cities, appointed by the League of Minnesota
Cities;

(3) one representative of Minnesota fire chiefs, who is a fire chief, appointed by the
Minnesota State Fire Chiefs Association;

(4) two representatives of Minnesota volunteer firefighters, who are active volunteer
firefighters, appointed by the Minnesota State Fire Departments Association; and

(5) one representative of the Office of the State Auditor, designated by the state
auditor.

Subd. 4.

Term.

(a) The initial terms on the advisory board for the Minnesota
townships representative and the Minnesota fire chiefs representative are one year. The
initial terms on the advisory board for one of the Minnesota cities representatives and one
of the Minnesota active volunteer firefighter representatives are two years. The initial
terms on the advisory board for the other Minnesota cities representative and the other
Minnesota active volunteer firefighter representative are three years. The term for the
Office of the State Auditor representative is determined by the state auditor.

(b) Subsequent terms on the advisory board other than the Office of the State
Auditor representative are three years.

Subd. 5.

Compensation of advisory board.

The compensation of members of the
advisory board other than the Office of the State Auditor representative is governed by
section 15.0575, subdivision 3.

Sec. 13.

[353G.04] INFORMATION FROM MUNICIPALITIES AND FIRE
DEPARTMENTS.

The chief executive officers of municipalities and fire departments with volunteer
firefighters covered by the voluntary lump-sum volunteer firefighter retirement plan shall
provide all relevant information and records requested by the board, the executive director,
and the State Board of Investment as required to perform their duties.

Sec. 14.

[353G.05] PLAN COVERAGE ELECTION.

Subdivision 1.

Coverage.

Any municipality or independent nonprofit firefighting
corporation may elect to have its volunteer firefighters covered by the retirement plan.

Subd. 2.

Election of coverage.

(a) The process for electing coverage of volunteer
firefighters by the retirement plan is initiated by a request to the executive director for a
cost analysis of the prospective retirement coverage.

(b) If the volunteer firefighters are currently covered by a volunteer firefighters' relief
association governed by chapter 424A, the cost analysis of the prospective retirement
coverage must be requested jointly by the secretary of the volunteer firefighters' relief
association, following approval of the request by the board of the volunteer firefighters'
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 firefighters'
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.

(c) The cost analysis of the prospective retirement coverage by the statewide
retirement plan must be based on the service pension amount under section 353G.11
closest to the service pension amount provided by the volunteer firefighters' relief
association, if there is one, or to the lowest service pension amount under section 353G.11
if there is no volunteer firefighters' relief association, rounded up, and any other service
pension amount designated by the requester or requesters. The cost analysis must be
prepared using a mathematical procedure certified as accurate by an approved actuary
retained by the Public Employees Retirement Association.

(d) If a cost analysis is requested and a volunteer firefighters' relief association exists
that has filed the information required under section 69.051 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 volunteer firefighters' 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 volunteer firefighters' 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.

(e) If a cost analysis is requested, the executive director of the State Board of
Investment shall review the investment portfolio of the relief association, if applicable,
for compliance with the applicable provisions of chapter 11A and for appropriateness
for retention under the established investment objectives and investment policies of the
State Board of Investment. If the prospective retirement coverage change is approved
under paragraph (f), the State Board of Investment may require that the relief association
liquidate any investment security or other asset which the executive director of the State
Board of Investment has determined to be an ineligible or inappropriate investment for
retention by the State Board of Investment. The security or asset liquidation must occur
before the effective date of the transfer of retirement plan coverage. If requested to do
so by the chief administrative officer of the relief association, the executive director of
the State Board of Investment shall provide advice about the best means to conduct the
liquidation.

(f) Upon receipt of the cost analysis, the governing body of the municipality or
independent nonprofit firefighting corporation associated with the fire department shall
approve or disapprove the retirement coverage change within 90 days. If the retirement
coverage change is not acted upon within 90 days, it is deemed to be disapproved. If the
retirement coverage change is approved by the applicable governing body, coverage by
the voluntary statewide lump-sum volunteer firefighter retirement plan is effective on the
next following January 1.

Sec. 15.

[353G.06] DISESTABLISHMENT OF PRIOR VOLUNTEER
FIREFIGHTERS' RELIEF ASSOCIATION SPECIAL FUND UPON
RETIREMENT COVERAGE CHANGE.

Subdivision 1.

Special fund disestablishment.

(a) On the date immediately prior
to the effective date of the coverage change, the special fund of the applicable volunteer
firefighters' relief association, if one exists, ceases to exist as a pension fund of the
association and legal title to the assets of the special fund transfers to the State Board of
Investment, with the beneficial title to the assets of the special fund remaining in the
applicable volunteer firefighters.

(b) If the market value of the special fund of the volunteer firefighters' relief
association for which retirement coverage changed under this chapter declines in the
interval between the date of the most recent financial report or statement, and the special
fund disestablishment date, the applicable municipality shall transfer an additional amount
to the State Board of Investment equal to that decline. If more than one municipality is
responsible for the direct management of the fire department, the municipalities shall
allocate the additional transfer amount among the various applicable municipalities
one-half in proportion to the population of each municipality and one-half in proportion
to the market value of each municipality.

Subd. 2.

Other relief association changes.

In addition to the transfer and
disestablishment of the special fund under subdivision 1, notwithstanding any provisions
of chapter 424A or 424B to the contrary, upon the effective date of the change in volunteer
firefighter retirement coverage, if the relief association membership elects to retain the
relief association after the benefit coverage election, the following changes must be
implemented with respect to the applicable volunteer firefighters' relief association:

(1) the relief association board of trustees membership is reduced to five, comprised
of the fire chief of the fire department and four trustees elected by and from the relief
association membership;

(2) the relief association may only maintain a general fund, which continues to
be governed by section 424A.06;

(3) the relief association is not authorized to receive the proceeds of any state aid or
to receive any municipal funds; and

(4) the relief association may not pay any service pension or benefit that was not
authorized as a general fund disbursement under the articles of incorporation or bylaws of
the relief association in effect prior to the plan coverage election process.

Subd. 3.

Successor in interest.

Upon the disestablishment of the special fund of
the volunteer firefighters' relief association under this section, the voluntary statewide
lump-sum volunteer firefighter retirement plan is the successor in interest of the special
fund of the volunteer firefighters' relief association for all claims against the special fund
other than a claim against the special fund, the volunteer firefighters' relief association,
the municipality, the fire department, or any person connected with the volunteer
firefighters' relief association in a fiduciary capacity under chapter 356A or common law
that was based on any act or acts which were not performed in good faith and which
constituted a breach of a fiduciary obligation. As the successor in interest of the special
fund of the volunteer firefighters' relief association, the voluntary statewide lump-sum
volunteer firefighter retirement plan may assert any applicable defense in any judicial
proceeding which the board of trustees of the volunteer firefighters' relief association or
the municipality would have been entitled to assert.

Sec. 16.

[353G.07] CERTIFICATION OF GOOD TIME SERVICE CREDIT.

(a) Annually, by March 31, the fire chief of the fire department with firefighters who
are active members of the retirement plan shall certify to the executive director the good
time service credit for the previous calendar year of each firefighter rendering active
service with the fire department.

(b) The fire chief shall provide to each firefighter rendering active service with
the fire department notification of the amount of good time service credit rendered by
the firefighter for the calendar year. The good time service credit notification must be
provided to the firefighter 60 days before its certification to the executive director of the
Public Employees Retirement Association, along with an indication of the process for the
firefighter to challenge the fire chief's determination of good time service credit. If the
good time service credit amount is challenged in a timely fashion, the fire chief shall hold
a hearing on the challenge, accept and consider any additional pertinent information,
and make a final determination of good time service credit. The final determination of
good time service credit by the fire chief is not reviewable by the executive director of
the Public Employees Retirement Association or by the board of trustees of the Public
Employees Retirement Association.

(c) The good time service credit certification is an official public document. If a
false good time service credit certification is filed or if false information regarding good
time service credits is provided, section 353.19 applies.

(d) The good time service credit certification must be expressed as a percentage of a
full year of service during which an active firefighter rendered at least the minimum level
and quantity of fire suppression, emergency response, fire prevention, or fire education
duties required by the fire department under the rules and regulations applicable to the
fire department. No more than one year of good time service credit may be certified
for a calendar year.

(e) If a firefighter covered by the retirement plan leaves active firefighting service
to render active military service that is required to be covered by the federal Uniformed
Services Employment and Reemployment Rights Act, as amended, the person must be
certified as providing a full year of good time service credit in each year of the military
service, up to the applicable limit of the federal Uniformed Services Employment and
Reemployment Rights Act. If the firefighter does not return from the military service in
compliance with the federal Uniformed Services Employment and Reemployment Rights
Act, the good time service credits applicable to that military service credit period are
forfeited and cancel at the end of the calendar year in which the federal law time limit
occurs.

Sec. 17.

[353G.08] RETIREMENT PLAN FUNDING; DISBURSEMENTS.

(a) Annually, the executive director shall determine the funding requirements of
each account in the voluntary statewide lump-sum volunteer firefighter retirement plan
on or before August 1. The funding requirements as directed under this section, must be
determined using a mathematical procedure developed and certified as accurate by an
approved actuary retained by the Public Employees Retirement Association and based on
present value factors using a six percent interest rate, without any decrement assumptions.
The funding requirements must be certified to the entity or entities associated with the fire
department whose active firefighters are covered by the retirement plan.

(b) The overall funding balance of each account for the current calendar year must
be determined in the following manner:

(1) The total accrued liability for all active and deferred members of the account as
of December 31 of the current year must be calculated based on the good time service
credit of active and deferred members as of that date.

(2) The total present assets of the account projected to December 31 of the current
year, including receipts by and disbursements from the account anticipated to occur on or
before December 31, must be calculated. To the extent possible, the market value of assets
must be utilized in making this calculation.

(3) The amount of the total present assets calculated under clause (2) must be
subtracted from the amount of the total accrued liability calculated under clause (1). If the
amount of total present assets exceeds the amount of the total accrued liability, then the
account is considered to have a surplus over full funding. If the amount of the total present
assets is less than the amount of the total accrued liability, then the account is considered
to have a deficit from full funding. If the amount of total present assets is equal to the
amount of the total accrued liability, then the special fund is considered to be fully funded.

(c) The financial requirements of each account for the following calendar year must
be determined in the following manner:

(1) The total accrued liability for all active and deferred members of the account
as of December 31 of the calendar year next following the current calendar year must be
calculated based on the good time service used in the calculation under paragraph (b),
clause (1), increased by one year.

(2) The increase in the total accrued liability of the account for the following calendar
year over the total accrued liability of the account for the current year must be calculated.

(3) The amount of anticipated future administrative expenses of the account must be
calculated by multiplying the dollar amount of the administrative expenses for the most
recent prior calendar year by the factor of 1.035.

(4) If the account is fully funded, the financial requirement of the account for the
following calendar year is the total of the amounts calculated under clauses (2) and (3).

(5) If the account has a deficit from full funding, the financial requirement of the
account for the following calendar year is the total of the amounts calculated under clauses
(2) and (3) plus an amount equal to one-tenth of the amount of the deficit from full
funding of the account.

(6) If the account has a surplus over full funding, the financial requirement of
the account for the following calendar year is the financial requirement of the account
calculated as though the account was fully funded under clause (4) and, if the account has
also had a surplus over full funding during the prior two years, additionally reduced by an
amount equal to one-tenth of the amount of the surplus over full funding of the account.

(d) The required contribution of the entity or entities associated with the fire
department whose active firefighters are covered by the retirement plan is the annual
financial requirements of the account of the retirement plan under paragraph (c) reduced
by the amount of any fire state aid payable under sections 69.011 to 69.051 reasonably
anticipated to be received by the retirement plan attributable to the entity or entities during
the following calendar year, and an amount of interest on the assets projected to be
received during the following calendar year calculated at the rate of six percent per annum.
The required contribution must be allocated between the entities if more than one entity
is involved. A reasonable amount of anticipated fire state aid is an amount that does not
exceed the fire state aid actually received in the prior year multiplied by the factor 1.035.

(e) The required contribution calculated in paragraph (d) must be paid to the
retirement plan on or before December 31 of the year for which it was calculated. If
the contribution is not received by the retirement plan by December 31, it is payable
with interest at an annual compound rate of six percent from the date due until the date
payment is received by the retirement plan. If the entity does not pay the full amount of
the required contribution, the executive director shall collect the unpaid amount under
section 353.28, subdivision 6.

(f) The assets of the retirement fund may only be disbursed for:

(1) the administrative expenses of the retirement plan;

(2) the investment expenses of the retirement fund;

(3) the service pensions payable under section 353G.10, 353G.11, 353G.14, or
353G.15; and

(4) the survivor benefits payable under section 353G.12.

Sec. 18.

[353G.09] RETIREMENT BENEFIT ELIGIBILITY.

Subdivision 1.

Entitlement.

Except as provided in subdivision 3, an active member
of the retirement plan is entitled to a 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;

(3) has completed at least five years of good time service credit as a member of
the retirement plan; and

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

Subd. 2.

Vesting schedule; nonforfeitable portion of service pension.

If an
active member has completed less than 20 years of good time service credit, the person's
entitlement is to the nonforfeitable percentage of the applicable service pension amount,
as follows:

Completed years of good time
service credit
Nonforfeitable percentage of the
service pension
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
20 and thereafter
100 percent

Subd. 3.

Alternative pension eligibility and computation.

(a) An active member
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 firefighters' relief association
as of the date immediately prior to 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 firefighters' relief
association or of the retirement plan, but has not rendered at least five years of good time
service credit as a member of the retirement plan; and

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

(b) The alternative lump-sum service pension is the service pension amount specified
in the bylaws of the applicable former volunteer firefighters' relief association either
as of the date immediately prior to the election of the retirement coverage change or
as of the date immediately before the termination of firefighting services, whichever is
earlier, multiplied by the total number of years of service as a member of that volunteer
firefighters' relief association and as a member of the retirement plan.

Sec. 19.

[353G.10] DEFERRED SERVICE PENSION AMOUNT.

A person who was an active member of a fire department covered by the retirement
plan who has separated from active firefighting service for at least 30 days and who has
completed at least five years of good time service credit, but has not attained the age of
50 years, is entitled to a deferred service pension on or after attaining the age of 50 years
and applying in a manner specified by the executive director for the service pension. The
service pension payable is the nonforfeitable percentage of the service pension under
section 353G.09, subdivision 2, and is payable without any interest over the period of
deferral.

Sec. 20.

[353G.11] SERVICE PENSION LEVELS.

Subdivision 1.

Levels.

The retirement plan provides the following levels of service
pension amounts to be selected at the election of coverage, or, if fully funded, thereafter:

Level A
$500 per year of good time service credit
Level B
$750 per year of good time service credit
Level C
$1,000 per year of good time service credit
Level D
$1,500 per year of good time service credit
Level E
$2,000 per year of good time service credit
Level F
$2,500 per year of good time service credit
Level G
$3,000 per year of good time service credit
Level H
$3,500 per year of good time service credit
Level I
$4,000 per year of good time service credit
Level J
$4,500 per year of good time service credit
Level K
$5,000 per year of good time service credit
Level L
$5,500 per year of good time service credit
Level M
$6,000 per year of good time service credit
Level N
$6,500 per year of good time service credit
Level O
$7,000 per year of good time service credit
Level P
$7,500 per year of good time service credit

Subd. 2.

Level selection.

At the time of the election to transfer retirement coverage,
or on April 30 thereafter, the governing body or bodies of the entity or entities operating
the fire department whose firefighters are covered by the retirement plan may request
a cost estimate from the executive director of an increase in the service pension level
applicable to the active firefighters of the fire department. Within 90 days of the receipt of
the cost estimate prepared by the executive director using a procedure certified as accurate
by the approved actuary retained by the Public Employees Retirement Association, the
governing body or bodies may approve the service pension level change, effective for the
following calendar year. If not approved in a timely fashion, the service pension level
change is considered to have been disapproved.

Subd. 3.

Supplemental benefit.

The retirement plan also shall pay a supplemental
benefit as provided for in section 424A.10.

Subd. 4.

Ancillary benefits.

No disability, death, funeral, or other ancillary benefit
beyond a service pension or a survivor benefit is payable from the retirement plan.

Sec. 21.

[353G.12] SURVIVOR BENEFIT.

Subdivision 1.

Entitlement.

(a) A survivor of a deceased active member of the
retirement plan or a deceased deferred member of the retirement plan, upon application as
prescribed by the executive director, is entitled to receive a survivor benefit.

(b) A survivor is the spouse of the member, or if none, the minor child or children of
the member, or if none, the estate of the member.

Subd. 2.

Survivor benefit amount.

The amount of the survivor benefit is the
amount of the service pension that would have been payable to the member of the
retirement plan on the date of death if the member had been age 50 or older on that date.

Sec. 22.

[353G.13] PORTABILITY.

Subdivision 1.

Eligibility.

An active firefighter who is a member of the retirement
plan who also renders firefighting service and has good time service credit in the retirement
plan from another fire department, if the good time service credit in the plan from a
combination of periods totals at least five years, is eligible, upon complying with the other
requirements of section 353G.09, to receive a service pension upon filing an application in
the manner prescribed by the executive director, computed as provided in subdivision 2.

Subd. 2.

Combined service pension computation.

The service pension payable to
a firefighter who qualifies under subdivision 1 is the per year of good time service credit
service pension amount in effect for each account in which the firefighter has good time
service credit as of the date on which the firefighter terminated active service with the fire
department associated with the applicable account, multiplied by the number of years of
good time service credit that the firefighter has in the applicable account.

Subd. 3.

Payment.

A service pension under this section must be paid in a single
payment, with the applicable portion of the total service pension payment amount
deducted from each account.

Sec. 23.

[353G.14] PURCHASE OF ANNUITY CONTRACTS.

The executive director may purchase an annuity contract on behalf of a retiring
firefighter with a total premium payment in an amount equal to the lump-sum service
pension payable under section 353G.09 if the purchase was requested by the retiring
firefighter in a manner prescribed by the executive director. The annuity contract must
be purchased from an insurance carrier that is licensed to do business in this state. If
purchased, the annuity contract is in lieu of any service pension or other benefit from the
retirement plan. The annuity contract may be purchased at any time after the volunteer
firefighter discontinues active service, but the annuity contract must stipulate that no
annuity amounts are payable before the former volunteer firefighter attains the age of 50.

Sec. 24.

[353G.15] INDIVIDUAL RETIREMENT ACCOUNT TRANSFER.

Upon receipt of a determination that the retirement plan is a qualified pension plan
under section 401(a) of the Internal Revenue Code, as amended, the executive director,
upon request, shall transfer the service pension amount under sections 353G.08 and
353G.11 of a former volunteer firefighter who has terminated active firefighting services
covered by the plan and who has attained the age of at least 50 years to the person's
individual retirement account under section 408(a) of the federal Internal Revenue Code,
as amended. The transfer request must be in a manner prescribed by the executive director
and must be filed by the former volunteer firefighter who has sufficient service credit to be
entitled to a service pension or, following the death of a participating active firefighter,
must be filed by the deceased firefighter's surviving spouse.

Sec. 25.

[353G.16] EXEMPTION FROM PROCESS.

The provisions of section 356.401 apply to the retirement plan.

Sec. 26.

Minnesota Statutes 2008, 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 Duluth Teachers Retirement Fund Association;

(7) the Minneapolis Employees Retirement Fund;

(8) the University of Minnesota faculty retirement plan;

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

(10) the judges retirement fund;

(11) a police or firefighter's relief association specified or described in section 69.77,
subdivision 1a
;

(12) a volunteer firefighter relief association governed by section 69.771, subdivision
1
;

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

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

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

(16) the voluntary statewide lump-sum volunteer firefighter retirement plan.

Sec. 27.

Minnesota Statutes 2008, section 356.401, subdivision 3, is amended to read:


Subd. 3.

Covered retirement plans.

The provisions of this section apply to the
following retirement plans:

(1) the legislators retirement plan, established by chapter 3A;

(2) the general state employees retirement plan of the Minnesota State Retirement
System, established by chapter 352;

(3) the correctional state employees retirement plan of the Minnesota State
Retirement System, established by chapter 352;

(4) the State Patrol retirement plan, established by chapter 352B;

(5) the elective state officers retirement plan, established by chapter 352C;

(6) the unclassified state employees retirement program, established by chapter
352D;

(7) the general employees retirement plan of the Public Employees Retirement
Association, established by chapter 353;

(8) the public employees police and fire plan of the Public Employees Retirement
Association, established by chapter 353;

(9) the public employees defined contribution plan, established by chapter 353D;

(10) the local government correctional service retirement plan of the Public
Employees Retirement Association, established by chapter 353E;

(11) the voluntary statewide lump-sum volunteer firefighter retirement plan,
established by chapter 353G;

(12) the Teachers Retirement Association, established by chapter 354;

(12) (13) the Duluth Teachers Retirement Fund Association, established by chapter
354A;

(13) the Minneapolis Teachers Retirement Fund Association, established by chapter
354A;

(14) the St. Paul Teachers Retirement Fund Association, established by chapter
354A;

(15) the individual retirement account plan, established by chapter 354B;

(16) the higher education supplemental retirement plan, established by chapter 354C;

(17) the Minneapolis Employees Retirement Fund, established by chapter 422A;

(18) the Minneapolis Police Relief Association, established by chapter 423B;

(19) the Minneapolis Firefighters Relief Association, established by chapter 423C;
and

(20) the judges retirement fund, established by chapter 490.

Sec. 28.

Minnesota Statutes 2008, section 356.96, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) Unless the language or context clearly indicates that
a different meaning is intended, for the purpose of this section, the terms in paragraphs
(b) to (e) have the meanings given them.

(b) "Chief administrative officer" means the executive director of a covered pension
plan or the executive director's designee or representative.

(c) "Covered pension plan" means a plan enumerated in section 356.20,
subdivision
2, clauses (1) to (4), (10), and (13) to (15) (16), but does not mean the
deferred compensation plan administered under sections 352.965 and 352.97 or to the
postretirement health care savings plan administered under section 352.98.

(d) "Governing board" means the Board of Trustees of the Public Employees
Retirement Association, the Board of Trustees of the Teachers Retirement Association, or
the Board of Directors of the Minnesota State Retirement System.

(e) "Person" includes an active, retired, deferred, or nonvested inactive participant in
a covered pension plan or a beneficiary of a participant, or an individual who has applied
to be a participant or who is or may be a survivor of a participant, or a state agency or
other governmental unit that employs active participants in a covered pension plan.

Sec. 29.

Minnesota Statutes 2008, section 424A.10, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

For purposes of this section:

(1) "qualified recipient" means an individual who receives a lump-sum distribution
of pension or retirement benefits from a firefighters' relief association or from the
voluntary statewide lump-sum volunteer firefighter retirement plan
for service that the
individual has performed as a volunteer firefighter;

(2) "survivor of a deceased active or deferred volunteer firefighter" means the legally
married spouse of a deceased volunteer firefighter, or, if none, the surviving minor child or
minor children of a deceased volunteer firefighter;

(3) "active volunteer firefighter" means a person who regularly renders fire
suppression service for a municipal fire department or an independent nonprofit firefighting
corporation, who has met the statutory and other requirements for relief association
membership, and who has been a fully qualified member of the relief association or from
the voluntary statewide lump-sum volunteer firefighter retirement plan
for at least one
month; and

(4) "deferred volunteer firefighter" means a former active volunteer firefighter who
terminated active firefighting service, has sufficient service credit from the applicable
relief association or from the voluntary statewide lump-sum volunteer firefighter
retirement plan
to be entitled to a service pension, but has not applied for or has not
received the service pension.

Sec. 30.

Minnesota Statutes 2008, section 424A.10, subdivision 2, is amended to read:


Subd. 2.

Payment of supplemental benefit.

(a) Upon the payment by a
firefighters' relief association or by the voluntary statewide lump-sum volunteer firefighter
retirement plan
of a lump-sum distribution to a qualified recipient, the association 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 voluntary statewide lump-sum volunteer firefighter retirement plan must pay
the supplemental benefit out of the voluntary statewide lump-sum volunteer firefighter
retirement plan
. The amount of this benefit equals 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 or funeral benefit to a survivor of a deceased active volunteer firefighter
or of a deceased deferred volunteer firefighter, the association may pay a supplemental
survivor benefit to the survivor of the deceased active or deferred volunteer firefighter
from the special fund of the relief association if its articles of incorporation or bylaws so
provide and the retirement plan may 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 or funeral benefit, but not to exceed $2,000.

(c) 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. 31.

Minnesota Statutes 2008, 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 relief association mustor the voluntary statewide lump-sum volunteer
firefighter retirement 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 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. 32. EFFECTIVE DATE.

Sections 1 to 31 are effective August 1, 2009.

ARTICLE 10

VOLUNTEER FIRE RELIEF ASSOCIATION CHANGES

Section 1.

Minnesota Statutes 2008, section 69.031, subdivision 5, is amended to read:


Subd. 5.

Deposit of state aid.

(a) The municipal treasurer shall, within 30 days
after receipt, transmit the fire state aid to the treasurer of the duly incorporated firefighters'
relief association if there is one organized and 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 fire state aid to the
relief association until the complete financial report is filed. If there is no relief association
organized, or if the association has dissolved, or has been removed as trustees of state aid,
then the treasurer of the municipality shall deposit the money in the municipal treasury
as provided for in section 424A.08 and the money may be disbursed only for the purposes
and in the manner set forth in that section 424A.08 or 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
.

(b) The municipal treasurer, upon receipt of the police state aid, shall disburse the
police state aid in the following manner:

(1) For a municipality in which a local police relief association exists and all peace
officers are members of the association, the total state aid must be transmitted to the
treasurer of the relief association within 30 days of the date of receipt, and the treasurer
of the relief association shall immediately deposit the total state aid in the special fund
of the relief association;

(2) For a municipality in which police retirement coverage is provided by the public
employees police and fire fund and all peace officers are members of the fund, including
municipalities covered by section 353.665, the total state aid must be applied toward the
municipality's employer contribution to the public employees police and fire fund under
sections 353.65, subdivision 3, and 353.665, subdivision 8, paragraph (b), if applicable; or

(3) For a municipality other than a city of the first class with a population of more
than 300,000 in which both a police relief association exists and police retirement
coverage is provided in part by the public employees police and fire fund, the municipality
may elect at its option to transmit the total state aid to the treasurer of the relief association
as provided in clause (1), to use the total state aid to apply toward the municipality's
employer contribution to the public employees police and fire fund subject to all the
provisions set forth in clause (2), or to allot the total state aid proportionately to be
transmitted to the police relief association as provided in this subdivision and to apply
toward the municipality's employer contribution to the public employees police and fire
fund subject to the provisions of clause (2) on the basis of the respective number of active
full-time peace officers, as defined in section 69.011, subdivision 1, clause (g).

For a city of the first class with a population of more than 300,000, in addition, the
city may elect to allot the appropriate portion of the total police state aid to apply toward
the employer contribution of the city to the public employees police and fire fund based
on the covered salary of police officers covered by the fund each payroll period and to
transmit the balance to the police relief association; or

(4) For a municipality in which police retirement coverage is provided in part by
the public employees police and fire fund and in part by a local police consolidation
account governed by chapter 353A and established before March 2, 1999, for which the
municipality declined merger under section 353.665, subdivision 1, or established after
March 1, 1999, the total police state aid must be applied towards the municipality's total
employer contribution to the public employees police and fire fund and to the local police
consolidation account under sections 353.65, subdivision 3, and 353A.09, subdivision 5.

(c) The county treasurer, upon receipt of the police state aid for the county, shall
apply the total state aid toward the county's employer contribution to the public employees
police and fire fund under section 353.65, subdivision 3.

(d) The designated Metropolitan Airports Commission official, upon receipt of the
police state aid for the Metropolitan Airports Commission, shall apply the total police
state aid first toward the commission's employer contribution for police officers to the
Minneapolis Employees Retirement Fund under section 422A.101, subdivision 2a, and, if
there is any amount of police state aid remaining, shall apply that remainder toward the
commission's employer contribution for police officers to the public employees police and
fire plan under section 353.65, subdivision 3.

(e) The police state aid apportioned to the Departments of Public Safety and Natural
Resources under section 69.021, subdivision 7a, is appropriated to the commissioner of
finance for transfer to the funds and accounts from which the salaries of peace officers
certified under section 69.011, subdivision 2a, are paid. The commissioner of revenue
shall certify to the commissioners of public safety, natural resources, and finance the
amounts to be transferred from the appropriation for police state aid. The commissioners
of public safety and natural resources shall certify to the commissioner of finance the
amounts to be credited to each of the funds and accounts from which the peace officers
employed by their respective departments are paid. Each commissioner must shall allocate
the police state aid first for employer contributions for employees funded from the general
fund and then for employer contributions for employees funded from other funds. For
peace officers whose salaries are paid from the general fund, the amounts transferred from
the appropriation for police state aid must be canceled to the general fund.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 2.

Minnesota Statutes 2008, section 69.771, 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 69.771 to 69.776 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 sections 69.011 to 69.051 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 69.771 to 69.776 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 69.051, 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 69.772, subdivisions 3 and 4; 69.773, subdivisions 4 and 5; or 69.774,
subdivision 2
, if requested to be filed by the state auditor, the applicable municipal or
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 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 69.051;

(2) the relief association treasurer is not bonded in the manner and in the amount
required by section 69.051, subdivision 2;

(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
69.772, 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 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
69.772, 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 69.773, and, if the municipal or corporate contribution is deficient,
the municipality failed to include the minimum municipal obligation certified under
section 69.772, subdivision 3, or 69.773, subdivision 5, in its budget and tax levy or the
nonprofit firefighting corporation failed to include the minimum corporate obligation
certified under section 69.774, 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
69.772, subdivision 6; 69.773, subdivision 6; or 424A.02, subdivision 10;

(7) the relief association invested special fund assets in an investment security
that is not authorized under section 69.775;

(8) the relief association had an administrative expense that is not authorized under
section 69.80 or 424A.05, subdivision 3, 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.001 424A.04, subdivision 7 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 service pension maximum under section 424A.02,
subdivision 3
.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 3.

Minnesota Statutes 2008, section 69.772, subdivision 4, is amended to read:


Subd. 4.

Certification of financial requirements and minimum municipal
obligation; levy.

(a) The officers of the relief association shall certify the financial
requirements of the special fund of the relief association and the minimum obligation of
the municipality with respect to the special fund of the relief association as determined
under subdivision 3 to the governing body of the municipality on or before August 1 of
each year. The financial requirements of the relief association and the minimum municipal
obligation must be included in the financial report or financial statement under section
69.051. The schedule forms related to the determination of the financial requirements
must be filed with the state auditor by March 31, annually, if the relief association is
required to file a financial statement under section 69.051, subdivision 1a, or by June 30,
annually, if the relief association is required to file a financial report and audit under
section 69.051, subdivision 1.

(b) The municipality shall provide for at least the minimum obligation of the
municipality with respect to the special fund of the relief association by tax levy or from
any other source of public revenue.

(c) The municipality may levy taxes for the payment of the minimum municipal
obligation without any limitation as to rate or amount and irrespective of any limitations
imposed by other provisions of law upon the rate or amount of taxation until the balance
of the special fund or any fund of the relief association has attained a specified level. In
addition, any taxes levied under this section must not cause the amount or rate of any other
taxes levied in that year or to be levied in a subsequent year by the municipality which are
subject to a limitation as to rate or amount to be reduced.

(d) If the municipality does not include the full amount of the minimum municipal
obligations in its levy for any year, the officers of the relief association shall certify that
amount to the county auditor, who shall spread a levy in the amount of the certified
minimum municipal obligation on the taxable property of the municipality.

(e) If the state auditor determines that a municipal contribution actually made in a
plan year was insufficient under section 69.771, subdivision 3, paragraph (c), clause (5),
the state auditor may request a copy of the certifications under this subdivision from the
relief association or from the city. The relief association or the city, whichever applies,
must provide the certifications within 14 days of the date of the request from the state
auditor.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 4.

Minnesota Statutes 2008, section 69.772, subdivision 6, is amended to read:


Subd. 6.

Municipal ratification for plan amendments.

If the special fund of the
relief association does not have a surplus over full funding pursuant to subdivision 3,
clause (2), subclause (e), or if the municipality is required to provide financial support
to the special fund of the relief association pursuant to this section, the adoption of or
any amendment to the articles of incorporation or bylaws of a relief association which
increases or otherwise affects the retirement coverage provided by or the service pensions
or retirement benefits payable from the special fund of any relief association to which this
section applies shall is not be effective until it is ratified by the governing body of the
municipality in which the relief association is located and the officers of a relief association
shall 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. If the special fund of the relief association has
a surplus over full funding pursuant to subdivision 3, clause (2), subclause (e), and if the
municipality is not required to provide financial support to the special fund of the relief
association pursuant to this section, the relief association may adopt or amend its articles
of incorporation or bylaws which increase or otherwise affect the retirement coverage
provided by or the service pensions or retirement benefits payable from the special fund
of the relief association which shall be are effective without municipal ratification so
long as this does not cause the amount of the resulting increase in the accrued liability
of the special fund of the relief association to exceed 90 percent of the amount of the
prior surplus over full funding reported in the prior year and this does not result in the
financial requirements of the special fund of the relief association exceeding the expected
amount of the future fire state aid to be received by the relief association as 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. If a relief association adopts or amends its articles of incorporation or
bylaws without municipal ratification pursuant to this subdivision, and, subsequent to
the amendment or adoption, the financial requirements of the special fund of the relief
association pursuant to this section are such so as to require financial support from the
municipality, the provision which was implemented without municipal ratification shall
is
no longer be effective without municipal ratification and any service pensions or
retirement benefits payable after that date shall may be paid only in accordance with the
articles of incorporation or bylaws as amended or adopted with municipal ratification.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 5.

Minnesota Statutes 2008, section 69.773, subdivision 6, is amended to read:


Subd. 6.

Municipal ratification for plan amendments.

If the special fund of the
relief association does not have a surplus over full funding pursuant to subdivision 4, or if
the municipality is required to provide financial support to the special fund of the relief
association pursuant to this section, the adoption of or any amendment to the articles of
incorporation or bylaws of a relief association which increases or otherwise affects the
retirement coverage provided by or the service pensions or retirement benefits payable
from the special fund of any relief association to which this section applies shall is not
be effective until it is ratified by the governing body of the municipality in which the
relief association is located. If the special fund of the relief association has a surplus over
full funding pursuant to subdivision 4, and if the municipality is not required to provide
financial support to the special fund of the relief association pursuant to this section,
the relief association may adopt or amend its articles of incorporation or bylaws which
increase or otherwise affect the retirement coverage provided by or the service pensions or
retirement benefits payable from the special fund of the relief association which shall be
are
effective without municipal ratification so long as this does not cause the amount of
the resulting increase in the accrued liability of the special fund of the relief association to
exceed 90 percent of the amount of the prior surplus over full funding reported in the prior
year
and this does not result in the financial requirements of the special fund of the relief
association exceeding the expected amount of the future fire state aid to be received by the
relief association as 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.
If a relief association adopts or amends its articles of incorporation or bylaws without
municipal ratification pursuant to this subdivision, and, subsequent to the amendment or
adoption, the financial requirements of the special fund of the relief association pursuant to
this section are such so as to require financial support from the municipality, the provision
which was implemented without municipal ratification shall is no longer be effective
without municipal ratification and any service pensions or retirement benefits payable
after that date shall be may paid only in accordance with the articles of incorporation or
bylaws as amended or adopted with municipal ratification.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 6.

Minnesota Statutes 2008, section 356.219, subdivision 3, is amended to read:


Subd. 3.

Content of reports.

(a) The report required by subdivision 1 must include
a written statement of the investment policy. Following that initial report, subsequent
reports must include investment policy changes and the effective date of each policy
change rather than a complete statement of investment policy, unless the state auditor
requests submission of a complete current statement. The report must also include the
information required by the following paragraphs, as applicable.

(b) If, after four years of reporting under this paragraph, the total portfolio time
weighted rate of return, net of all investment related costs and fees, provided by the public
pension plan differs by no more than 0.1 percent from the comparable return for the plan
calculated by the Office of the State Auditor, and if a public pension plan has a total
market value of $25,000,000 or more as of the beginning of the calendar year, and if the
public pension plan's annual audit is performed by the state auditor or by the legislative
auditor, the report required by subdivision 1 must include the market value of the total
portfolio and the market value of each asset class included in the pension fund as of the
beginning of the calendar year and as of the end of the calendar year. At the discretion of
the state auditor, the public pension plan may be required to submit the market value of the
total portfolio and the market value of each investment account, investment portfolio, or
asset class included in the pension fund for each month, and the amount and date of each
injection and withdrawal to the total portfolio and to each investment account, investment
portfolio, or asset class. If the market value of a public pension plan's fund drops below
$25,000,000 in a subsequent year, it must continue reporting under this paragraph for any
subsequent year in which the public pension plan is not fully invested as specified in
subdivision 1, paragraph (b), except that if the public pension plan's annual audit is not
performed by the state auditor or legislative auditor, paragraph (c) applies.

(c) If paragraph (b) would apply if the annual audit were provided by the state
auditor or legislative auditor, the report required by subdivision 1 must include the market
value of the total portfolio and the market value of each asset class included in the pension
fund as of the beginning of the calendar year and for each month, and the amount and date
of each injection and withdrawal to the total portfolio and to each investment account,
investment portfolio, or asset class.

(d) For public pension plans to which paragraph (b) or (c) applies, the report required
by subdivision 1 must also include a calculation of the total time-weighted rate of return
available from index-matching investments assuming the asset class performance targets
and target asset mix indicated in the written statement of investment policy. The provided
information must include a description of indices used in the analyses and an explanation
of why those indices are appropriate. This paragraph does not apply to any fully invested
plan, as defined by subdivision 1, paragraph (b). Reporting by the State Board of
Investment under this paragraph is limited to information on the Minnesota public pension
plans required to be invested by the State Board of Investment under section 11A.23.

(e) If a public pension plan has a total market value of less than $25,000,000 as of
the beginning of the calendar year and was never required to file under paragraph (b) or
(c), the report required by subdivision 1 must include the amount and date of each total
portfolio injection and withdrawal. In addition, the report must include the market value
of the total portfolio as of the beginning of the calendar year and for each quarter.

(f) Any public pension plan reporting under paragraph (b) or (c) must include
computed time-weighted rates of return with the report, in addition to all other required
information, as applicable. The chief administrative officer of the public pension plan
submitting the returns must certify, on a form prescribed by the state auditor, that the
returns have been computed by the pension plan's investment performance consultant or
custodial bank. The chief administrative officer of the public pension plan submitting the
returns also must certify that the returns are net of all costs and fees, including investment
management fees, and that the procedures used to compute the returns are consistent
with Bank Administration Institute studies of investment performance measurement
and presentation standards set by the Certified Financial Analyst CFA Institute. If the
certifications required under this paragraph are not provided, the reporting requirements of
paragraph (c) apply.

(g) For public pension plans reporting under paragraph (e), the public pension plan
must retain supporting information specifying the date and amount of each injection and
withdrawal to each investment account and investment portfolio. The public pension plan
must also retain the market value of each investment account and investment portfolio at
the beginning of the calendar year and for each quarter. Information that is required to be
collected and retained for any given year or years under this paragraph must be submitted
to the Office of the State Auditor if the Office of the State Auditor requests in writing that
the information be submitted by a public pension plan or plans, or be submitted by the
State Board of Investment for any plan or plans for which the State Board of Investment is
the investment authority under this section. If the state auditor requests information under
this subdivision, and the public plan fails to comply, the pension plan is subject to penalties
under subdivision 5, unless penalties are waived by the state auditor under that subdivision.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 7.

[420.20] PROHIBITION OF SERVICE BY MINORS AS VOLUNTEER
FIREFIGHTERS.

It is unlawful for any municipality or independent nonprofit firefighting corporation
to employ a minor to serve as a firefighter or to permit a minor to serve in any capacity
performing any firefighting duties with a fire department, except for members of a youth,
civic, or educational organization or program who participate with uninterrupted adult
supervision, as allowed by federal law and by section 181A.04. Such organizations or
programs include, but are not limited to, Boy Scout Explorer programs or firefighting
degree programs.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 8.

Minnesota Statutes 2008, section 424A.001, subdivision 1, is amended to read:


Subdivision 1.

Terms defined.

Unless the context clearly indicates otherwise, as
used in this chapter, the terms defined in this section have the meanings given.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 9.

Minnesota Statutes 2008, section 424A.001, subdivision 1a, is amended to read:


Subd. 1a.

Ancillary benefit.

"Ancillary benefit" means a benefit payable from the
special fund of the relief association
other than a service pension that is permitted by law
and that is provided for in the relief association bylaws.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 10.

Minnesota Statutes 2008, section 424A.001, is amended by adding a
subdivision to read:


Subd. 1b.

Defined benefit relief association.

"Defined benefit relief association"
means a volunteer firefighters' relief association that provides a lump-sum service pension,
provides a monthly benefit service pension, or provides a lump-sum service pension as an
alternative to the monthly benefit service pension.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 11.

Minnesota Statutes 2008, section 424A.001, is amended by adding a
subdivision to read:


Subd. 1c.

Defined contribution relief association.

"Defined contribution relief
association" means a volunteer firefighters' relief association that provides a service
pension based solely on an individual account balance rather than a specified annual
lump-sum or monthly benefit service pension amount.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 12.

Minnesota Statutes 2008, section 424A.001, subdivision 2, is amended to read:


Subd. 2.

Fire department.

"Fire department" includes a municipal fire department
and or an independent nonprofit firefighting corporation.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 13.

Minnesota Statutes 2008, section 424A.001, subdivision 3, is amended to read:


Subd. 3.

Municipality.

"Municipality" means a municipality which has
established a fire department with which the relief association is directly associated, or
the municipalities which have entered into a contract with the independent nonprofit
firefighting corporation of which the relief association is a subsidiary.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 14.

Minnesota Statutes 2008, section 424A.001, subdivision 4, is amended to read:


Subd. 4.

Relief association.

"Relief association" means (a)

(1) a volunteer firefighters' relief association or a volunteer firefighters' division or
account of a partially salaried and partially volunteer firefighters' relief association that is
organized and incorporated under chapter 317A and any laws of the state, is governed by
this chapter and chapter 69, and is directly associated with a fire department established by
municipal ordinance; or

(b) (2) any separate separately incorporated volunteer firefighters' relief association
that is subsidiary to and providing that provides service pension and retirement benefit
coverage for members of an independent nonprofit firefighting corporation that is
organized under the provisions of chapter 317A, is governed by this chapter, and operating
operates exclusively for firefighting purposes. A 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.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 15.

Minnesota Statutes 2008, section 424A.001, subdivision 5, is amended to read:


Subd. 5.

Special fund.

"Special fund" means the special fund of a volunteer
firefighters' relief association or the account for volunteer firefighters within the special
fund of a partially salaried and partially volunteer firefighters' relief association.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 16.

Minnesota Statutes 2008, section 424A.001, subdivision 6, is amended to read:


Subd. 6.

Surviving spouse.

For purposes of this chapter, and the governing bylaws
of any governing a relief association to which this chapter applies, the term "surviving
spouse" means the spouse of a deceased member who was legally married to the member
at the time of the member's death.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 17.

Minnesota Statutes 2008, section 424A.001, subdivision 8, is amended to read:


Subd. 8.

Firefighting service.

"Firefighting service," if the applicable municipality
approves for a fire department that is a municipal department, or if the applicable
contracting municipality or municipalities approve for a fire department that is an
independent nonprofit firefighting corporation, includes fire department service rendered
by fire prevention personnel.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 18.

Minnesota Statutes 2008, section 424A.001, subdivision 9, is amended to read:


Subd. 9.

Separate from active service.

"Separate from active service" means
to that a firefighter permanently cease ceases to perform fire suppression duties with
a particular volunteer fire department, to permanently cease ceases to perform fire
prevention duties, to permanently cease ceases to supervise fire suppression duties, and to
permanently cease ceases to supervise fire prevention duties.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 19.

Minnesota Statutes 2008, section 424A.001, subdivision 10, is amended to
read:


Subd. 10.

Volunteer firefighter.

"Volunteer firefighter" means a person who either:

(1) was a member of the applicable fire department or the independent nonprofit
firefighting corporation and a member of the relief association on July 1, 2006; or

(2) became a member of the applicable fire department or the independent nonprofit
firefighting corporation and is eligible for membership in the applicable relief association
after June 30, 2006, and

(i) is engaged in providing emergency response services or delivering fire education
or prevention services as a member of a municipal fire department, a joint powers entity
fire department, or an independent nonprofit firefighting corporation;

(ii) is trained in or is qualified to provide fire suppression duties or to provide fire
prevention duties under subdivision 8; and

(iii) meets any other minimum firefighter and service standards established by the
fire department or the independent nonprofit firefighting corporation or specified in the
articles of incorporation or bylaws of the relief association.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 20.

[424A.002] AUTHORIZATION OF NEW OR CONTINUING
VOLUNTEER FIREFIGHTERS' RELIEF ASSOCIATIONS.

Subdivision 1.

Authorization.

A municipal fire department or an independent
nonprofit firefighting corporation, with approval by the applicable municipality or
municipalities, may establish a new volunteer firefighters' relief association or may retain
an existing volunteer firefighters' relief association.

Subd. 2.

Defined benefit or defined contribution relief association.

The articles
of incorporation or the bylaws of the volunteer firefighters' relief association must specify
that the relief association is either a defined benefit relief association subject to sections
69.771 to 69.774, 424A.015, and 424A.02 or is a defined contribution relief association
subject to sections 424A.015 and 424A.016.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 21.

Minnesota Statutes 2008, section 424A.01, is amended to read:


424A.01 MEMBERSHIP IN A VOLUNTEER FIREFIGHTERS' RELIEF
ASSOCIATION.

Subdivision 1.

Minors.

It is unlawful for any (a) No volunteer firefighters' relief
association associated with a
municipality or an independent nonprofit firefighting
corporation to employ may include as a relief association member a minor serving as
a volunteer firefighter or to permit a minor to serve in any capacity performing any
firefighting duties with a volunteer fire department
, except for members of a youth,
civic, or educational organization or program who participate with uninterrupted adult
supervision, as allowed by federal law and by section 181A.04. Such organizations or
programs include, but are not limited to, Boy Scout Explorer programs or firefighting
degree programs
.

(b) No volunteer firefighters' relief association associated with a municipality or an
independent nonprofit firefighting corporation may include as a relief association member
a minor serving as a volunteer firefighter.

Subd. 2.

Status of substitute volunteer firefighters.

No person who is serving as a
substitute volunteer firefighter shall be deemed may be considered to be a firefighter for
purposes of chapter 69 or this chapter nor shall be and no substitute volunteer firefighter is
authorized to be a member of any volunteer firefighters' relief association governed by
chapter 69 or this chapter.

Subd. 3.

Status of nonmember volunteer firefighters.

No person who is serving
as a firefighter in a fire department but who is not a member of the applicable firefighters'
relief association shall be is entitled to any service pension or ancillary benefits from
the relief association.

Subd. 4.

Exclusion of persons constituting an unwarranted health risk.

The
board of trustees of every relief association may exclude from membership in the relief
association all applicants who, due to some medically determinable physical or mental
impairment or condition, would is determined to constitute a predictable and unwarranted
risk of imposing liability for an ancillary benefit at any age earlier than the minimum
age specified for receipt of a service pension. Notwithstanding any provision of section
363A.25, it shall be is a good and valid defense to a complaint or action brought under
chapter 363A that the board of trustees of the relief association made a good faith
determination that the applicant suffers from an impairment or condition constituting a
predictable and unwarranted risk for the relief association if the determination was made
following consideration of: (a) (1) the person's medical history; and (b) (2) the report of
the physician completing a physical examination of the applicant completed undertaken at
the expense of the relief association.

Subd. 5.

Fire prevention personnel.

(a) If the fire department is a municipal
department and the applicable municipality approves, or if the fire department is an
independent nonprofit firefighting corporation and the contracting municipality or
municipalities approve, the fire department may employ or otherwise utilize the services
of persons as volunteer firefighters to perform fire prevention duties and to supervise
fire prevention activities.

(b) Personnel serving in fire prevention positions are eligible to be members of
the applicable volunteer firefighter relief association and to qualify for service pension
or other benefit coverage of the relief association on the same basis as fire department
personnel who perform fire suppression duties.

(c) Personnel serving in fire prevention positions also are eligible to receive any
other benefits under the applicable law or practice for services on the same basis as
personnel who are employed to perform fire suppression duties.

Subd. 6.

Return to active firefighting after break in service.

(a) If a former active
firefighter who has ceased to perform or supervise fire suppression and fire prevention
duties for at least 60 days resumes performing active firefighting with the fire department
associated with the relief association, if the bylaws of the relief association so permit, the
person may again become an active member of the relief association.

(b) A firefighter who returns to active relief association membership under paragraph
(a) may qualify for the receipt of a service pension from the relief association for the
resumption service period if the firefighter meets a minimum period of resumption service
specified in the relief association bylaws.

(c) A firefighter who returns to active lump-sum relief association membership and
who qualifies for a service pension under paragraph (b) must have, upon a subsequent
cessation of duties, any service pension for the resumption service period calculated as
a separate benefit. If a lump-sum service pension had been paid to the firefighter upon
the firefighter's previous cessation of duties, a second lump-sum service pension for the
resumption service period must be calculated to apply the service pension amount in effect
on the date of the firefighter's termination of the resumption service for all years of the
resumption service. No firefighter may be paid a service pension twice for the same period
of service. If a lump-sum service pension had not been paid to the firefighter upon the
firefighter's previous cessation of duties and the firefighter meets the minimum service
requirement of section 424A.02, subdivision 2, a service pension must be calculated to
apply the service pension amount in effect on the date of the firefighter's termination of the
resumption service for all years of service credit.

(d) A firefighter who had not been paid a lump-sum service pension returns to active
relief association membership under paragraph (a), who does not qualify for a service
pension under paragraph (b), but who does meet the minimum service requirement of
section 424A.02, subdivision 2, based on the firefighter's previous years of active service,
must have, upon a subsequent cessation of duties, a service pension calculated for the
previous years of service based on the service pension amount in effect on the date of the
firefighter's termination of the resumption service, or, if the bylaws so provide, based on the
service pension amount in effect on the date of the firefighter's previous cessation of duties.

(e) If a firefighter receiving a monthly benefit service pension returns to active
monthly benefit relief association membership under paragraph (a), any monthly benefit
service pension payable to the firefighter is suspended as of the first day of the month next
following the date on which the firefighter returns to active membership. If the firefighter
was receiving a monthly benefit service pension, and qualifies for a service pension under
paragraph (b), the firefighter is entitled to an additional monthly benefit service pension
upon a subsequent cessation of duties calculated based on the resumption service credit
and the service pension accrual amount in effect on the date of the termination of the
resumption service. The suspended initial service pension resumes as of the first of
the month next following the termination of the resumption service. If the firefighter
was not receiving a monthly benefit service pension and meets the minimum service
requirement of section 424A.02, subdivision 2, a service pension must be calculated to
apply the service pension amount in effect on the date of the firefighter's termination of the
resumption service for all years of service credit.

(f) A firefighter who was not receiving a monthly benefit service pension returns
to active relief association membership under paragraph (a), who does not qualify for a
service pension under paragraph (b), but who does meet the minimum service requirement
of section 424A.02, subdivision 2, based on the firefighter's previous years of active
service, must have, upon a subsequent cessation of duties, a service pension calculated for
the previous years of service based on the service pension amount in effect on the date
of the firefighter's termination of the resumption service, or, if the bylaws so provide,
based on the service pension amount in effect on the date of the firefighter's previous
cessation of duties.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 22.

[424A.015] GENERALLY APPLICABLE VOLUNTEER
FIREFIGHTERS' RELIEF ASSOCIATION PENSION PLAN REGULATION.

Subdivision 1.

Separation from active service; exception.

(a) No service pension
is payable to a person while the person remains an active member of the respective fire
department, and a person who is receiving a service pension is not entitled to receive any
other benefits from the special fund of the relief association.

(b) No relief association as defined in section 424A.001, subdivision 4, may pay a
service pension or disability benefit to a former member of the relief association if that
person has not separated from active service with the fire department to which the relief
association is directly associated, unless:

(1) the person is employed subsequent to retirement by the municipality or the
independent nonprofit firefighting corporation, whichever applies, to perform duties within
the municipal fire department or corporation on a full-time basis;

(2) the governing body of the municipality or of the corporation has filed its
determination with the board of trustees of the relief association that the person's
experience with and service to the fire department in that person's full-time capacity
would be difficult to replace; and

(3) the bylaws of the relief association were amended to provide for the payment of
a service pension or disability benefit for such full-time employees.

Subd. 2.

No assignment or garnishment.

A 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 process, except as provided in section 518.58, 518.581,
or 518A.53. 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.

Subd. 3.

Purchase of annuity contract.

A relief association that provides a service
pension in a single payment, if the governing articles of incorporation or bylaws so
provide, may purchase an annuity contract on behalf of a retiring member in an amount
equal to the service pension otherwise payable at the request of the person and in place of
a direct payment to the person. The annuity contract must be purchased from an insurance
carrier licensed to do business in this state.

Subd. 4.

Transfer to individual retirement account.

A relief association that is a
qualified pension plan under section 401(a) of the Internal Revenue Code, as amended,
and that provides a single payment service pension, at the written request of the applicable
retiring member or, following the death of the active member, at the written request of the
deceased member's surviving spouse, may directly transfer on an institution-to-institution
basis the eligible member's lump-sum pension or the death or survivor benefit attributable
to the member, whichever applies, to the requesting person's individual retirement account
under section 408(a) of the Internal Revenue Code, as amended.

EFFECTIVE DATE.

This section is effective July 1, 2009.

Sec. 23.

[424A.016] DEFINED CONTRIBUTION VOLUNTEER
FIREFIGHTERS' RELIEF ASSOCIATION SPECIFIC REGULATION.

Subdivision 1.

Defined contribution relief association authorization.

If the
articles of incorporation or the bylaws governing the volunteer firefighters' relief
association so provide exclusively, the relief association may pay a defined contribution
lump-sum service pension instead of a defined benefit service pension governed by section
424A.02.

Subd. 2.

Defined contribution service pension eligibility.

(a) A relief association,
when its articles of incorporation or bylaws so provide, may pay out of the assets of its
special fund a defined contribution service pension to each of its members who:

(1) separates from active service with the fire department;

(2) reaches age 50;

(3) completes at least five years of active service as an active member of the
municipal fire department to which the relief association is associated;

(4) completes at least five years of active membership with the relief association
before separation from active service; and

(5) complies with any additional conditions as to age, service, and membership that
are prescribed by the bylaws of the relief association.

(b) In the case of a member who has completed at least five years of active service as
an active member of the fire department to which the relief association is associated on
the date that the relief association is established and incorporated, the requirement that
the member complete at least five years of active membership with the relief association
before separation from active service may be waived by the board of trustees of the relief
association if the member completes at least five years of inactive membership with the
relief association before the date of the payment of the service pension. During the period
of inactive membership, the member is not entitled to receive any disability benefit
coverage, is not entitled to receive additional individual account allocation of fire state
aid or municipal contribution towards a service pension, and is considered to have the
status of a person entitled to a deferred service pension.

(c) The service pension earned by a volunteer under this chapter and the articles
of incorporation and bylaws of the relief association may be paid whether or not the
municipality or nonprofit firefighting corporation to which the relief association is
associated qualifies for the receipt of fire state aid under chapter 69.

Subd. 3.

Reduced vesting schedule.

If the articles of incorporation or bylaws of a
defined contribution relief association so provide, a relief association may pay a reduced
service pension not to exceed the nonforfeitable percentage of the account balance to a
retiring member who has completed fewer than 20 years of service. The reduced service
pension may be paid when the retiring member meets the minimum age and service
requirements of subdivision 2. The nonforfeitable percentage of pension amounts are
as follows:

Completed Years of Service
Nonforfeitable Percentage
of Pension Amount
5
40 percent
6
52 percent
7
64 percent
8
76 percent
9
88 percent
10
and thereafter
100 percent

Subd. 4.

Individual accounts.

(a) An individual account must be established for
each firefighter who is a member of the relief association.

(b) To each individual active member account must be credited an equal share of:

(1) any amounts of fire state aid received by the relief association;

(2) any amounts of municipal contributions to the relief association raised from
levies on real estate or from other available municipal revenue sources exclusive of fire
state aid; and

(3) any amounts equal to the share of the assets of the special fund to the credit of:

(i) any former member who terminated active service with the fire department to
which the relief association is associated before meeting the minimum service requirement
provided for in subdivision 2, paragraph (b), and has not returned to active service with
the fire department for a period no shorter than five years; or

(ii) any retired member who retired before obtaining a full nonforfeitable interest in
the amounts credited to the individual member account under subdivision 2, paragraph
(b), and any applicable provision of the bylaws of the relief association. In addition, any
investment return on the assets of the special fund must be credited in proportion to the
share of the assets of the special fund to the credit of each individual active member
account. Administrative expenses of the relief association payable from the special
fund may be deducted from individual accounts in a manner specified in the bylaws of
the relief association.
<