Minnesota Legislature
HF 2265
as introduced - 87th Legislature (2011 - 2012) Posted on 02/15/2012 01:53pm
1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2
2.3
2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15
2.16
2.17 2.18 2.19 2.20
2.21
2.22 2.23 2.24 2.25 2.26 2.27
2.28
A bill for an act
relating to retirement health care; Minnesota State Retirement System health care
savings plan; specifying that plan distributions must go to living persons; making
other changes of an administrative nature; amending Minnesota Statutes 2010,
section 352.98, subdivisions 3, 4, 5, 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 352.98, subdivision 3, is amended to read:
Subd. 3.
Contributions.
(a) Contributions to the plan must be defined in a
personnel policy or in a collective bargaining agreement of a public employer or political
subdivision. The executive director may offer different types of trusts permitted under the
Internal Revenue Code to best meet the needs of different employer units.
(b) Contributions to the plan by or on behalf of the participant must be held in trust
for reimbursement of eligible health-related expenses for participants and their dependents
following termination from public employment or deleted text begin during active employmentdeleted text end new text begin in other
circumstances set forth in the plan documentnew text end . The executive director shall maintain
a separate account of the contributions made by or on behalf of each participant and
the earnings thereon. The executive director shall make available a limited range of
investment options, and each participant may direct the investment of the accumulations
in the participant's account among the investment options made available by the executive
director.
(c) This section does not obligate a public employer to meet and negotiate in good
faith with the exclusive bargaining representative of any public employee group regarding
an employer contribution to a postretirement or active employee health care savings plan
authorized by this section and section 356.24, subdivision 1, clause (7). It is not the intent
of the legislature to authorize the state to incur new funding obligations for the costs of
retiree health care or the costs of administering retiree health care plans or accounts.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
Minnesota Statutes 2010, section 352.98, subdivision 4, is amended to read:
Subd. 4.
Reimbursement for health-related expenses.
The executive director
shall reimburse participants at least quarterly for eligible health-related expenses, as
allowable by federal and state law, until the participant exhausts the accumulation in the
participant's account. If a participant dies prior to exhausting the participant's account
balance, the participant's spouse or dependents are eligible to be reimbursed for health care
expenses from the account until the account balance is exhausted. If an account balance
remains after the death of a participant and all of the participant's legal dependents, the
remainder of the account must be paid to the participant's beneficiaries or, if none, to
deleted text begin the participant's estatedeleted text end new text begin a living person or persons named by the personal representative
of the estate. The person or persons named must use the account for reimbursement of
allowable health care expensesnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2010, section 352.98, subdivision 5, is amended to read:
Subd. 5.
Fees.
The executive director is authorized to charge uniform fees to
participants to cover the ongoing cost of operating the plan. Any fees not needed must
revert to participant accounts or be used to reduce plan fees new text begin in new text end the deleted text begin following yeardeleted text end new text begin futurenew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2010, section 352.98, subdivision 8, is amended to read:
Subd. 8.
Exemption from process.
Assets in a deleted text begin health-caredeleted text end new text begin health care new text end savings
plan account described in this section must be used for the reimbursement of deleted text begin healthcaredeleted text end
new text begin health care new text end expenses and are not assignable or subject to execution, levy, attachment,
garnishment, or other legal process, except as provided in section 518.58, 518.581, or
518A.53.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end