Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 589-S.F.No. 2445 
           An act relating to state government; establishing 
          positions in the unclassified service; authorizing the 
          commissioner of jobs and training to establish a 
          position in the unclassified service; allowing certain 
          survivor benefits; establishing a health insurance 
          account for certain Minneapolis police and fire 
          department relief association contributions; 
          regulating participation in the public employees 
          insurance plan; amending Minnesota Statutes 1988, 
          sections 43A.316, subdivision 8; and 268.0121, 
          subdivision 3; Minnesota Statutes 1989 Supplement, 
          section 43A.08, subdivision 1; Laws 1949, chapter 406, 
          section 6, subdivision 1, as amended; Laws 1965, 
          chapter 519, section 1, as amended; proposing coding 
          for new law in Minnesota Statutes, chapter 356.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                ARTICLE 1
    Section 1.  Minnesota Statutes 1989 Supplement, section 
43A.08, subdivision 1, is amended to read: 
    Subdivision 1.  [UNCLASSIFIED POSITIONS.] Unclassified 
positions are held by employees who are: 
    (a) chosen by election or appointed to fill an elective 
office; 
    (b) heads of agencies required by law to be appointed by 
the governor or other elective officers, and the executive or 
administrative heads of departments, bureaus, divisions, and 
institutions specifically established by law in the unclassified 
service; 
    (c) deputy and assistant agency heads and one confidential 
secretary in the agencies listed in subdivision 1a; 
    (d) the confidential secretary to each of the elective 
officers of this state and, for the secretary of state, state 
auditor, and state treasurer, an additional deputy, clerk, or 
employee; 
    (e) intermittent help employed by the commissioner of 
public safety to assist in the issuance of vehicle licenses; 
    (f) employees in the offices of the governor and of the 
lieutenant governor and one confidential employee for the 
governor in the office of the adjutant general; 
      (g) employees of the Washington, D.C., office of the state 
of Minnesota; 
      (h) employees of the legislature and of legislative 
committees or commissions; provided that employees of the 
legislative audit commission, except for the legislative 
auditor, the deputy legislative auditors, and their confidential 
secretaries, shall be employees in the classified service; 
      (i) presidents, vice-presidents, deans, other managers and 
professionals in academic and academic support programs, 
administrative or service faculty, teachers, research 
assistants, and student employees eligible under terms of the 
federal economic opportunity act work study program in the 
school and resource center for the arts, state universities and 
community colleges, but not the custodial, clerical, or 
maintenance employees, or any professional or managerial 
employee performing duties in connection with the business 
administration of these institutions; 
      (j) officers and enlisted persons in the national guard; 
      (k) attorneys, legal assistants, examiners, and three 
confidential employees appointed by the attorney general or 
employed with the attorney general's authorization; 
    (l) judges and all employees of the judicial branch, 
referees, receivers, jurors, and notaries public, except 
referees and adjusters employed by the department of labor and 
industry; 
    (m) members of the state patrol; provided that selection 
and appointment of state patrol troopers shall be made in 
accordance with applicable laws governing the classified 
service; 
    (n) chaplains employed by the state; 
    (o) examination monitors and intermittent training 
instructors employed by the departments of employee relations 
and commerce and by professional examining boards; 
    (p) student workers; 
    (q) one position in the hazardous substance notification 
and response activity in the department of public safety; 
    (r) employees unclassified pursuant to other statutory 
authority; and 
    (s) intermittent help employed by the commissioner of 
agriculture to perform duties relating to pesticides, 
fertilizer, and seed regulation; and 
    (t) the administrators and the deputy administrators at the 
state academies for the deaf and the blind. 
    Sec. 2.  Minnesota Statutes 1988, section 268.0121, 
subdivision 3, is amended to read: 
    Subd. 3.  [UNCLASSIFIED POSITIONS.] The commissioner may 
establish positions in the unclassified service in accordance 
with section 43A.08.  The commissioner may appoint and define 
the duties of other subordinate officers and employees as the 
commissioner deems necessary to discharge the functions of the 
department. 
     The commissioner may establish the position of director of 
the state job training office in the unclassified service.  
    Sec. 3.  [SURVIVOR BENEFIT COVERAGE IN CERTAIN INSTANCES.] 
    The surviving spouse of a former state employee who was 
employed as a correction officer at the St. Cloud state 
reformatory, who was born on February 25, 1905, and who died on 
June 14, 1970, is entitled to the surviving spouse benefit 
specified in Minnesota Statutes 1971, section 352.12, 
subdivision 2, notwithstanding that the date of death occurred a 
few months before the April 30, 1971, date of enactment of that 
provision and that a refund was paid under Minnesota Statutes 
1969, section 352.12, subdivision 1.  The surviving spouse 
benefit accrues on the first day of the month next following the 
date of enactment of this section and is payable upon an 
application filed with the executive director of the Minnesota 
state retirement system.  The surviving spouse benefit is 
payable from the correctional employees retirement fund. 
    Sec. 4.  Laws 1949, chapter 406, section 6, subdivision 1, 
as amended by Laws 1953, chapter 127, section 6; Laws 1967, 
chapter 820, section 1; and Laws 1987, chapter 322, section 5, 
and chapter 372, article 2, section 4, is amended to read: 
    Subdivision 1.  [MINNEAPOLIS POLICE SURVIVOR BENEFITS; 
PERSONS TO WHOM GRANTED.] The association shall grant pensions 
or benefits payable from the police pension fund to any member 
or to any surviving spouse or to any child under 18 years of age 
or any member from the time and for the following purposes: 
    When a service pensioner, disability pensioner, or deferred 
pensioner, or an active member of a relief association dies, 
leaving 
    (1) a surviving spouse, who was a legally married spouse, 
residing with the decedent, and who was married while or prior 
to the time the decedent was on the payroll of the police 
department; and who, in case the deceased member was a service 
or deferred pensioner, was legally married to the member at 
least one year before retirement from the police department; or 
    (2) a child or children, who were living while the deceased 
was on the payroll of the police department or born within nine 
months after the decedent was withdrawn from the payroll, the 
surviving spouse and child, or children, shall be entitled to a 
pension, or pensions, as follows:  
    (a) To the surviving spouse of a deceased active member or 
disabilitant, a pension of 18 units per month for life.  If the 
surviving spouse remarries, the pension ceases as of the date of 
the remarriage. 
    (b) To the surviving spouse of a deceased deferred or 
retired member, a pension of 4.5 units per month for life, plus 
an additional nine-tenths of one unit per month for every year 
of service of the decedent beyond five years to a maximum of 18 
units.  If the surviving spouse remarries, the pension ceases as 
of the date of the remarriage. 
    (c) To each child of a deceased active member or 
disabilitant, a pension of six units per month until the child 
reaches the age of 18 years; or in the case of a child in 
full-time attendance during the normal school year, in a school 
approved by the board of directors, until the child receives a 
bachelor's degree or attains the age of 22 years, whichever 
occurs first.  
    (d) To each child of a deceased deferred or retired member, 
a pension of 1.5 units per month plus three-tenths of one unit 
per month for every year of service of the decedent beyond five 
years to a maximum of six units until the child reaches the age 
of 18 years; or, in the case of a child in full-time attendance 
during the normal school year in a school approved by the board 
of directors, until the child receives a bachelor's degree or 
attains the age of 22 years, whichever is first. 
    The total pensions hereunder for the surviving spouse and 
children of a deceased member shall not exceed 32 units per 
month. 
    Sec. 5.  Laws 1965, chapter 519, section 1, as amended by 
Laws 1967, chapter 819, section 1; Laws 1969, chapter 123, 
section 1; Laws 1975, chapter 57, section 1; and Laws 1977, 
chapter 164, section 2, is amended to read: 
    Section 1.  [MINNEAPOLIS, CITY OF; FIREFIGHTER'S RELIEF 
ASSOCIATION; WIDOW'S ENTITLEMENT.] 
    Notwithstanding the provisions of Minnesota Statutes 1965, 
Section 69.48, to the contrary, when a service pensioner, 
disability pensioner, or deferred pensioner, or an active member 
of a relief association dies, leaving 
    (1) A widow who was his legally married wife, residing with 
him, and who was married to him while or prior to the time he 
was on the payroll of the fire department; and who, in case the 
deceased member was a service or deferred pensioner was legally 
married to the member at least one year before his retirement 
from the fire department; or 
    (2) A child or children who were living while the deceased 
was on the payroll of the fire department, or born within nine 
months after the decedent was withdrawn from the payroll of the 
fire department, the widow and the child or children shall be 
entitled to a pension or pensions, as follows: 
    (a) To the widow, a pension of not less than 17 units, and 
not to exceed the total of 21 units per month, as the bylaws of 
the association provide, for her natural life; provided, that if 
she shall remarry then the pension shall cease and terminate as 
of the date of her remarriage; provided, further, if her 
remarriage terminates for any reason, she shall again be 
entitled to a pension as the bylaws of the association provide; 
     (b) To the child or children, if their mother be living, a 
pension of not to exceed eight units per month for each child up 
to the time each child reaches the age of not less than 16 years 
and not to exceed an age of 18 years; provided, however, upon 
approval by the board of trustees, such a child who is a 
full-time student, upon proof of compliance with the provisions 
of this act, may be entitled to such pension so long as he is a 
full-time student and has not reached 22 years of age, all in 
conformity with the bylaws of the association; provided, 
further, the total pensions hereunder for the widow and children 
of the deceased member shall not exceed the sum of 40 units per 
month; 
     (c) A child or children of a deceased member after the 
death of their mother, or in the event their mother predeceases 
the member, be entitled to receive a pension or pensions in such 
amount as the board of trustees of the association shall deem 
necessary to properly support the child or children until they 
reach the age of not less than 16 and not more than 18 years; 
provided, however, upon approval by the board of trustees, such 
a child who is a full-time student, upon proof of compliance 
with the provisions of this act, may be entitled to such pension 
so long as he is a full-time student and has not reached 22 
years of age, as the bylaws of the association may provide; but 
the total amount of the pension or pensions hereunder for any 
child or children shall not exceed the sum of 40 units per 
month; 
     (d) For the purposes of this act, a full-time student is 
defined as an individual who is in full-time attendance as a 
student at an educational institution.  Whether or not the 
student was in full-time attendance would be determined by the 
board of trustees of the association in the light of the 
standards and practices of the school involved.  Specifically 
excluded is a person who is paid by his employer while attending 
school at the request of his employer.  Benefits may continue 
during any period of four calendar months or less in any 12 
month period in which a person does not attend school if the 
person shows to the satisfaction of the board of trustees that 
he intends to continue in full-time school attendance 
immediately after the end of the period.  An educational 
institution is defined so as to permit the payment of benefits 
to students taking vocational or academic courses in all 
approved, accredited or licensed schools, colleges, and 
universities.  The board of trustees shall make the final 
determination of eligibility for benefits if any question arises 
concerning the approved status of the educational institution 
which the student attends or proposes to attend; 
    (e) In the event that a child who is receiving a pension as 
provided above shall marry before the age of 22 years, the 
pension shall cease as of the date of the marriage. 
    Sec. 6.  [HEALTH INSURANCE ACCOUNT.] 
    Notwithstanding any law to the contrary, contributions of 
members of the Minneapolis police relief association and the 
Minneapolis fire department relief association with 25 or more 
years of service shall be deposited in a separate account and 
used to pay the future health insurance costs of the individual 
member upon that member's retirement. 
    Sec. 7.  [ST. LOUIS PARK POLICE SURVIVOR BENEFITS.] 
    The provision of Minnesota Statutes, section 423.810, 
subdivision 1, requiring termination of a surviving spouse's 
pension upon remarriage does not apply to surviving spouses 
receiving pensions from the St. Louis Park Police Relief 
Association. 
    Sec. 8.  [LOCAL APPROVAL.] 
    Sections 4 to 6 are effective on the date after compliance 
with Minnesota Statutes, section 645.021, by a majority of 
members of the Minneapolis city council. 
    Sec. 9.  [EFFECTIVE DATE.] 
    Section 2 is effective the day following final enactment.  
Section 7 is effective on approval by the St. Louis Park city 
council and compliance with Minnesota Statutes, section 645.021. 

                               ARTICLE 2
    Section 1.  Minnesota Statutes 1988, section 43A.316, 
subdivision 8, is amended to read: 
    Subd. 8.  [CONTINUATION OF COVERAGE.] (a) A participating 
employee who is laid off or is on leave may elect to continue 
the plan coverage.  This coverage is at the expense of the 
employee unless otherwise provided by a collective bargaining 
agreement.  Premiums for these employees must be established by 
the commissioner.  Coverage continues until one of the following 
occurs: 
    (1) the employee is reemployed and eligible for health care 
coverage under a group policy; or 
    (2) the insurance continuation periods required by state 
and federal laws expire. 
    (b) A participating former employee who retires and is 
receiving a public pension disability benefit or an annuity or 
is eligible for and has applied for has met the age and service 
requirements necessary to receive an annuity under chapter 352, 
352B, 352C, 352D, 353, 354, 354A, 356, 422A, 423, 423A, 424, or 
490 is eligible to continue participation participate in the 
plan, except that a former employee who is over age 65 and is 
not eligible for Medicare coverage is not eligible to 
participate in the plan.  These employees, and employees who 
have already retired prior to the group from which they retired 
entering the plan, are eligible to participate as long as their 
group continues to participate.  This participation is at the 
retiree's person's expense unless a collective bargaining 
agreement or personnel policy provides otherwise.  Premiums for 
these participants must be established by the commissioner.  The 
commissioner shall establish sets of health insurance premiums 
for the following classes:  
    (1) all participants under this paragraph who are under age 
65; and 
   (2) all participants under this paragraph who are over age 
65 and are receiving Medicare coverage.  
    The commissioner may provide policy exclusions for 
preexisting conditions only when there is a break in coverage 
between a participant's coverage under a group insurance plan as 
an employee and the participant's coverage under this section.  
An employer shall notify an employee of this the option to 
participate under this paragraph no later than the effective 
date of retirement.  The retired employee shall notify the 
employer commissioner within 30 days of the effective date of 
retirement of intent to exercise this option. 
    (c) The spouse of a deceased, active, or retired former 
employee may purchase the benefits provided at premiums 
established by the commissioner if the spouse was a dependent 
under the active or retired former employee's coverage under 
this section at the time of the death.  These participants are 
eligible to participate as long as the group which included 
their spouse participates.  Coverage under this clause must be 
coordinated with relevant insurance benefits provided through 
the federally sponsored Medicare program.  
     (d) The plan benefits must continue in the event of strike 
permitted by section 179A.18, if the exclusive representative 
chooses to have coverage continue and the employee pays the 
total monthly premiums when due.  
     (e) A person who desires to participate under paragraphs 
(a) to (d) shall notify the eligible employer or former employer 
commissioner of intent to participate according to rules 
established by the commissioner.  The eligible employer shall 
notify the commissioner and coverage begins as soon as the 
commissioner permits. 
     (f) A participant who discontinues coverage may not 
re-enroll. 
     Persons participating under these paragraphs shall make 
appropriate premium payments in the time and manner established 
by the commissioner. 
     Sec. 2.  [356.87] [HEALTH INSURANCE WITHHOLDING.] 
    The director of a public pension fund listed in section 
356.20, subdivision 2, shall, upon authorization of a person 
entitled to receive benefits, withhold premium amounts from the 
pension benefits and pay the amounts to the public employees 
insurance plan.  
    Sec. 3.  [NEWLY ELIGIBLE EMPLOYEES; NOTICE.] 
    A former employee who first becomes eligible to participate 
in the public employees insurance plan as a result of section 1 
must notify the commissioner within 60 days of the effective 
date of section 1 of intent to participate in the plan.  The 
commissioner, in cooperation with appropriate public pension 
plans, shall, at least 30 days before the effective date of 
section 1, notify all persons who become eligible to participate 
in the plan as a result of section 1 of their option to 
participate. 
    Sec. 4.  [EFFECTIVE DATE.] 
    Sections 1 and 2 are effective January 1, 1992. 
    Presented to the governor April 28, 1990 
    Signed by the governor May 4, 1990, 10:56 p.m.