1.1 	A bill for an act
1.2 	relating to retirement; clarifying certain correctional plan covered positions; 
1.3 	making technical changes;amending Minnesota Statutes 2006, section 352.91, 
1.4 	subdivisions 1, 2, 3c, 3g, 4a; Minnesota Statutes 2007 Supplement, section 
1.5 	352.91, subdivisions 3d, 3e, 3f.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2006, section 352.91, subdivision 1, is amended to read:
1.8 		Subdivision 1.Qualifying jobs. "Covered correctional service" means service 
1.9 	performed by a state employee, as defined in section 352.01, employed at a state
1.10 	Minnesota correctional facility, the Minnesota Security Hospital, or the Minnesota sex 
1.11 	offender program as: 
1.12 	(1) a corrections officer 1;
1.13 	(2) a corrections officer 2;
1.14 	(3) a corrections officer 3;
1.15 	(4) a corrections officer supervisor;
1.16 	(5) a corrections lieutenant;
1.17 	(6) a corrections captain;
1.18 	(7) a security counselor; 
1.19 	(8) a security counselor lead; or
1.20 	(9) a corrections canine officer.

1.21 	Sec. 2. Minnesota Statutes 2006, section 352.91, subdivision 2, is amended to read:
1.22 		Subd. 2.Maintenance, correctional industry, and trades. (a) "Covered 
1.23 	correctional service" also means service rendered at any time by state employees as 
1.24 	maintenance personnel, correctional industry personnel, or members of trades certified by 
2.1 	the commissioner of employee relations to the executive director as being engaged for
2.2 	specified in paragraph (b), provided that at least 75 percent of the employee's working 
2.3 	time in the rehabilitation, treatment, custody, or supervision ofis spent in direct contact 
2.4 	with inmates at a Minnesota correctional facility, or of patients at the Minnesota Security 
2.5 	Hospital or the Minnesota sex offender program and the fact of this direct contact is 
2.6 	certified to the executive director by the appropriate commissioner.
2.7 	(b) The employment positions are:
2.8 	(1) automotive mechanic lead;
2.9 	(2) building maintenance lead worker;
2.10 	(3) building utility mechanic;
2.11 	(4) cabinet maker:
2.12 	(5) carpenter;
2.13 	(6) carpenter lead:
2.14 	(7) corrections chief cook;
2.15 	(8) corrections food services supervisor;
2.16 	(9) corrections manufacturing specialist-automated technology;
2.17 	(10) corrections manufacturing specialist-engineering and drafting;
2.18 	(11) corrections manufacturing specialist-graphics;
2.19 	(12) corrections manufacturing specialist-light assembly;
2.20 	(13) corrections manufacturing specialist-light manufacturing;
2.21 	(14) corrections manufacturing specialist-mechanical;
2.22 	(15) corrections manufacturing specialist-sales and service;
2.23 	(16) corrections manufacturing specialist-tool and die;
2.24 	(17) corrections manufacturing specialist-transportation and warehouse;
2.25 	(18) corrections manufacturing specialist-upholstery;
2.26 	(19) corrections manufacturing specialist-wood;
2.27 	(20) corrections industry production supervisor;
2.28 	(21) electrician technician senior;
2.29 	(22) electric/electronics specialist;
2.30 	(23) electrician;
2.31 	(24) electrician lead;
2.32 	(25) electrician master record;
2.33 	(26) groundskeeper senior;
2.34 	(27) institution maintenance lead worker;
2.35 	(28) laborer-trades and equipment;
2.36 	(29) machinery repair worker;
3.1 	(30) maintenance machinist;
3.2 	(31) mason;
3.3 	(32) painter;
3.4 	(33) plant maintenance engineer;
3.5 	(34) plumber;
3.6 	(35) plumber chief;
3.7 	(36) plumber-master in charge;
3.8 	(37) power plant assistant chief engineer;
3.9 	(38) refrigerator mechanic; and
3.10 	(39) stationary engineer.

3.11 	Sec. 3. Minnesota Statutes 2006, section 352.91, subdivision 3c, is amended to read:
3.12 		Subd. 3c.Nursing personnel. (a) "Covered correctional service" means service by 
3.13 	a state employee in one of the employment positions at a correctional facility or at the 
3.14 	Minnesota Security Hospital, or in the Minnesota sex offender program that are specified 
3.15 	in paragraph (b) ifprovided that at least 75 percent of the employee's working time is 
3.16 	spent in direct contact with inmates or patients and the fact of this direct contact is certified 
3.17 	to the executive director by the appropriate commissioner.
3.18 	(b) The employment positions are as follows:
3.19 	(1) registered nurse - senior;
3.20 	(2) registered nurse;
3.21 	(3) registered nurse - principal;
3.22 	(4) licensed practical nurse 2; and
3.23 	(5) registered nurse advance practice.

3.24 	Sec. 4. Minnesota Statutes 2007 Supplement, section 352.91, subdivision 3d, is 
3.25 	amended to read:
3.26 		Subd. 3d.Other correctional personnel. (a) "Covered correctional service" means 
3.27 	service by a state employee in one of the employment positions at a correctional facility 
3.28 	or at the Minnesota Security Hospital specified in paragraph (b) ifprovided that at least 
3.29 	75 percent of the employee's working time is spent in direct contact with inmates or 
3.30 	patients and the fact of this direct contact is certified to the executive director by the 
3.31 	appropriate commissioner.
3.32 	(b) The employment positions are as follows:
3.33 	(1) baker;
3.34 	(2) central services administrative specialist, intermediate;
4.1 	(3) central services administrative specialist, principal;
4.2 	(4) chaplain;
4.3 	(5) chief cook;
4.4 	(6) cook;
4.5 	(7) cook coordinator;
4.6 	(8) corrections discipline unit supervisor;
4.7 	(9) corrections program therapist 1;
4.8 	(10) corrections program therapist 2;
4.9 	(11) corrections program therapist 3;
4.10 	(12) corrections program therapist 4;
4.11 	(13) corrections inmate program coordinator;
4.12 	(14) corrections transitions program coordinator;
4.13 	(15) corrections security caseworker;
4.14 	(16) corrections security caseworker career;
4.15 	(17) corrections teaching assistant;
4.16 	(18) delivery van driver;
4.17 	(19) dental assistant registered;
4.18 	(20) dental hygienist;
4.19 	(21) dentist;
4.20 	(22) electrician supervisor;
4.21 	(23) general repair worker;
4.22 	(24) library/information researchresources services specialist;
4.23 	(25) library/information researchresource services specialist senior;
4.24 	(26) library technician;
4.25 	(27) plant maintenance engineer lead;
4.26 	(28) plumber supervisor;
4.27 	(29) psychologist 1;
4.28 	(30) psychologist 2;
4.29 	(31) psychologist 3;
4.30 	(32) recreation therapist;
4.31 	(33) recreation therapist coordinator;
4.32 	(34) recreation program assistant;
4.33 	(35) recreation therapist senior;
4.34 	(36) sports medicine specialist;
4.35 	(37) work therapy assistant;
4.36 	(38) work therapy program coordinator; and
5.1 	(39) work therapy technician.

5.2 	Sec. 5. Minnesota Statutes 2007 Supplement, section 352.91, subdivision 3e, is 
5.3 	amended to read:
5.4 		Subd. 3e.Minnesota extended treatment options program. (a) "Covered 
5.5 	correctional service" means service by a state employee in one of the employment 
5.6 	positions with the Minnesota extended treatment options program specified in paragraph 
5.7 	(b) ifprovided that at least 75 percent of the employee's working time is spent in direct 
5.8 	contact with patients who are in the Minnesota extended treatment options program and 
5.9 	if service in such a position is certified to the executive director by the commissioner 
5.10 	of human services.
5.11 	(b) The employment positions are:
5.12 	(1) behavior analyst 1;
5.13 	(2) behavior analyst 2;
5.14 	(3) behavior analyst 3;
5.15 	(4) group supervisor;
5.16 	(5) group supervisor assistant;
5.17 	(6) human services support specialist;
5.18 	(7) residential program lead;
5.19 	(8) psychologist 2;
5.20 	(9) recreation program assistant;
5.21 	(10) recreation therapist senior;
5.22 	(11) registered nurse senior;
5.23 	(12) skills development specialist; 
5.24 	(13) social worker senior;
5.25 	(14) social worker specialist; and
5.26 	(15) speech pathology specialist.

5.27 	Sec. 6. Minnesota Statutes 2007 Supplement, section 352.91, subdivision 3f, is 
5.28 	amended to read:
5.29 		Subd. 3f.Additional Department of Human Services personnel. (a) "Covered 
5.30 	correctional service" means service by a state employee in one of the employment 
5.31 	positions specified in paragraph (b) at the Minnesota Security Hospital or in the Minnesota 
5.32 	sex offender program ifprovided that at least 75 percent of the employee's working time is 
5.33 	spent in direct contact with patients and the determination of this direct contact is certified 
5.34 	to the executive director by the commissioner of human services.
6.1 	(b) The employment positions are:
6.2 	(1) behavior analyst 2;
6.3 	(2) behavior analyst 3;
6.4 	(3) certified occupational therapy assistant 1;
6.5 	(4) certified occupational therapy assistant 2;
6.6 	(5) chemical dependency counselor senior;
6.7 	(6) client advocate;
6.8 	(7) customer services specialist principal;
6.9 	(8) dental assistant registered;
6.10 	(9) group supervisor;
6.11 	(10) group supervisor assistant;
6.12 	(11) human services support specialist;
6.13 	(12) licensed alcohol and drug counselor;
6.14 	(13) licensed practical nurse 1;
6.15 	(14) management analyst 3;
6.16 	(15) occupational therapist;
6.17 	(16) occupational therapist, senior;
6.18 	(17) psychologist 1;
6.19 	(18) psychologist 2;
6.20 	(19) psychologist 3;
6.21 	(20) recreation program assistant;
6.22 	(21) recreation therapist lead;
6.23 	(22) recreation therapist senior;
6.24 	(23) rehabilitation counselor senior;
6.25 	(24) security supervisor;
6.26 	(25) skills development specialist;
6.27 	(26) social worker senior;
6.28 	(27) social worker specialist;
6.29 	(28) social worker specialist, senior;
6.30 	(29) special education program assistant;
6.31 	(30) speech pathology clinician;
6.32 	(31) work therapy assistant; and
6.33 	(32) work therapy program coordinator.

6.34 	Sec. 7. Minnesota Statutes 2006, section 352.91, subdivision 3g, is amended to read:
7.1 		Subd. 3g.Additional Corrections Department personnel. (a) "Covered 
7.2 	correctional service" means service by a state employee in one of the employment 
7.3 	positions specified in paragraph (b) ifprovided that at least 75 percent of the employee's 
7.4 	working time is spent in direct contact with inmates and the determination of this direct 
7.5 	contact is certified to the executive director by the commissioner of corrections.
7.6 	(b) The qualifying employment positions are: position is the
7.7 	(1) corrections discipline unit supervisor;
7.8 	(2) dental assistant registered;
7.9 	(3) dental hygienist;
7.10 	(4) psychologist 2; and
7.11 	(5) sentencing to service crew leader involved with the inmateinstitution community 
7.12 	work crew program.

7.13 	Sec. 8. Minnesota Statutes 2006, section 352.91, subdivision 4a, is amended to read:
7.14 		Subd. 4a.Process for evaluating and recommending potential employment 
7.15 	positions for membership inclusion. (a) The Department of Corrections and the 
7.16 	Department of Human Services must establish a procedure for evaluating periodic requests 
7.17 	by department employees for qualification for recommendation by the commissioner for 
7.18 	inclusion of the employment position in the correctional facility or human services facility 
7.19 	in the correctional retirement plan and for periodically determining employment positions 
7.20 	that no longer qualify for continued correctional retirement plan coverage.
7.21 	(b) The procedure must provide for an evaluation of the extent of the employee's 
7.22 	working time spent in direct contact with patients or inmates, the extent of the physical 
7.23 	hazard that the employee is routinely subjected to in the course of employment, and 
7.24 	the extent of intervention routinely expected of the employee in the event of a facility 
7.25 	incident. The percentage of routine direct contact with inmates or patients mayshall not 
7.26 	be less than 75 percent.
7.27 	(c) The applicable commissioner shall notify the employee of the determination 
7.28 	of the appropriateness of recommending the employment position for inclusion in the 
7.29 	correctional retirement plan, if the evaluation procedure results in a finding that the 
7.30 	employee:
7.31 	(1) routinely spends 75 percent of the employee's time in direct contact with inmates 
7.32 	or patients; and
7.33 	(2) is regularly engaged in the rehabilitation, treatment, custody, or supervision of 
7.34 	inmates or patients.
8.1 	(d) After providing the affected employee an opportunity to dispute or clarify 
8.2 	any evaluation determinations, if the commissioner determines that the employment 
8.3 	position is appropriate for inclusion in the correctional retirement plan, the commissioner 
8.4 	shall forward that recommendation and supporting documentation to the chair of the 
8.5 	Legislative Commission on Pensions and Retirement, the chair of the State and Local 
8.6 	Governmental Operations Committee of the senate, the chair of the Governmental 
8.7 	Operations and Veterans Affairs Policy Committee of the house of representatives, and 
8.8 	the executive director of the Legislative Commission on Pensions and Retirement in the 
8.9 	form of the appropriate proposed legislation. The recommendation must be forwarded 
8.10 	to the legislature before January 15 for the recommendation to be considered in that 
8.11 	year's legislative session.