HF 345

as introduced - 88th Legislature (2013 - 2014) Posted on 02/04/2013 03:05pm

A bill for an act
relating to retirement; general state employees retirement plan of the Minnesota
State Retirement System; providing retirement coverage for employees of the
Minnesota Association of Professional Employees; amending Minnesota Statutes
2012, sections 352.01, subdivision 2a; 352.029, subdivisions 1, 2a, 2b, 3, 5.

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

Section 1.

Minnesota Statutes 2012, section 352.01, subdivision 2a, is amended to read:

Subd. 2a.

Included employees.

(a) "State employee" includes:

(1) employees of the Minnesota Historical Society;

(2) employees of the State Horticultural Society;

(3) employees of the Minnesota Crop Improvement Association;

(4) employees of the adjutant general whose salaries are paid from federal funds and
who are not covered by any federal civilian employees retirement system;

(5) employees of the Minnesota State Colleges and Universities who are employed
under the university or college activities program;

(6) currently contributing employees covered by the system who are temporarily
employed by the legislature during a legislative session or any currently contributing
employee employed for any special service as defined in subdivision 2b, clause (8);

(7) employees of the legislature who are appointed without a limit on the duration
of their employment and persons employed or designated by the legislature or by a
legislative committee or commission or other competent authority to conduct a special
inquiry, investigation, examination, or installation;

(8) trainees who are employed on a full-time established training program
performing the duties of the classified position for which they will be eligible to receive
immediate appointment at the completion of the training period;

(9) employees of the Minnesota Safety Council;

(10) any employees who are on authorized leave of absence from the Transit
Operating Division of the former Metropolitan Transit Commission and who are employed
by the labor organization which is the exclusive bargaining agent representing employees
of the Transit Operating Division;

(11) employees of the Metropolitan Council, Metropolitan Parks and Open Space
Commission, Metropolitan Sports Facilities Commission, or Metropolitan Mosquito
Control Commission unless excluded under subdivision 2b or are covered by another
public pension fund or plan under section 473.415, subdivision 3;

(12) judges of the Tax Court;

(13) personnel who were employed on June 30, 1992, by the University of
Minnesota in the management, operation, or maintenance of its heating plant facilities,
whose employment transfers to an employer assuming operation of the heating plant
facilities, so long as the person is employed at the University of Minnesota heating plant
by that employer or by its successor organization;

(14) personnel who are employed as seasonal employees in the classified or
unclassified service;

(15) persons who are employed by the Department of Commerce as a peace officer
in the Insurance Fraud Prevention Division under section 45.0135 who have attained the
mandatory retirement age specified in section 43A.34, subdivision 4;

(16) employees of the University of Minnesota unless excluded under subdivision
2b, clause (3);

(17) employees of the Middle Management Association whose employment began
after July 1, 2007, and to whom section 352.029 does not apply;

(18) employees of the Minnesota Government Engineers Council to whom section
352.029 does not apply; deleted text begin and
deleted text end

(19) employees of the Minnesota Sports Facilities Authority deleted text begin . deleted text end new text begin ; and
new text end

new text begin (20) employees of the Minnesota Association of Professional Employees.
new text end

(b) Employees specified in paragraph (a), clause (13), are included employees under
paragraph (a) if employer and employee contributions are made in a timely manner in the
amounts required by section 352.04. Employee contributions must be deducted from
salary. Employer contributions are the sole obligation of the employer assuming operation
of the University of Minnesota heating plant facilities or any successor organizations to
that employer.

Sec. 2.

Minnesota Statutes 2012, section 352.029, subdivision 1, is amended to read:

Subdivision 1.

Qualifications.

Unless new text begin already specifically included under section
352.01, subdivision 2a, or unless new text end specifically excluded under section 352.01, subdivision
2b, a state employee on leave of absence without pay to provide service as an employee
or officer of a labor organization that is an exclusive bargaining agent representing state
employees may elect under subdivision 2 to be covered by the general state employees
retirement plan of the Minnesota State Retirement System for service with the labor
organization, subject to the limitations set forth in subdivisions 2a and 2b.

Sec. 3.

Minnesota Statutes 2012, section 352.029, subdivision 2a, is amended to read:

Subd. 2a.

Limitations on salary for benefits and contributions.

(a) The covered
salary for a labor organization employee who new text begin is a member under section 352.01,
subdivision 2a, paragraph (a), clause (20), or who new text end qualifies for membership under this
section or section 352.75 is limited to the lesser of:

(1) the employee's actual salary as defined under section 352.01, subdivision 13; or

(2) 75 percent of the salary of the governor as set under section 15A.082.

(b) The limited covered salary determined under this subdivision must be used in
determining employee, employer, and employer additional contributions under section
352.04, subdivisions 2 and 3, and in determining retirement annuities and other benefits
under this chapter and chapter 356.

Sec. 4.

Minnesota Statutes 2012, section 352.029, subdivision 2b, is amended to read:

Subd. 2b.

Earning restrictions apply.

A retirement annuity is only payable, if the
person has met any other applicable requirements, upon the termination new text begin of employment by
the labor organization new text end by the person who new text begin is a member under section 352.01, subdivision
2a, paragraph (a), clause (20), or who new text end elected coverage under subdivision 1 deleted text begin of employment
by the labor organization deleted text end . The reemployed annuitant earnings limitation set forth in
section 352.115, subdivision 10, applies in the event that the person who new text begin is a member
under section 352.01, subdivision 2a, paragraph (a), clause (20), or who new text end elected coverage
under subdivision 1 retires and is subsequently reemployed while an annuitant by the labor
organization or by any other entity employing persons who are covered by the Minnesota
State Retirement System by virtue of that employment.

Sec. 5.

Minnesota Statutes 2012, section 352.029, subdivision 3, is amended to read:

Subd. 3.

Contributions.

The employee and employer contributions required
by section 352.04, or by section 352.92 for employees covered by section 352.91, are
the obligation of the employee who new text begin is a member under section 352.01, subdivision 2a,
paragraph (a), clause (20), or who new text end chooses coverage under this section. However, the
employing labor organization may pay the employer contributions. Contributions made by
the employee must be made by salary deduction. The employing labor organization shall
pay all contributions to the system as required by section 352.04, or by section 352.92
for employees covered by section 352.91.

Sec. 6.

Minnesota Statutes 2012, section 352.029, subdivision 5, is amended to read:

Subd. 5.

Board membership excluded.

Employees of a labor organization who
become members of the system new text begin under section 352.01, subdivision 2a, paragraph (a),
clause (20), or new text end under this section are not eligible for election to the board of directors.

Sec. 7. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 6 are effective July 1, 2013.
new text end