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Key: (1) language to be deleted (2) new language


                         Laws of Minnesota 1991 

                        CHAPTER 128-H.F.No. 1039 
           An act relating to public employees; authorizing 
          rulemaking; regulating insurance benefits; amending 
          Minnesota Statutes 1990, sections 15.46; 43A.04, by 
          adding a subdivision; 43A.13, by adding a subdivision; 
          and 43A.316, subdivision 8. 
    Section 1.  Minnesota Statutes 1990, section 15.46, is 
amended to read: 
    The commissioner of the department of employee relations 
may establish and operate a program of preventive health 
services for state employees, and shall provide such the staff, 
equipment, and facilities as are necessary therefor to do so.  
The commissioner shall develop these services in accordance with 
the accepted practices of and standards for occupational 
preventive health services in the state of Minnesota.  Specific 
services shall must be directed to the work environment and to 
the health of the employee in relation to the job.  The 
commissioner shall cooperate with the department of health as 
well as other private and public community agencies providing 
health, safety, employment, and welfare services.  A county may 
establish and operate a program of preventive health and 
employee recognition services for county employees and may 
provide necessary staff, equipment, and facilities and may 
expend funds necessary to achieve the objectives of the program. 
    Sec. 2.  Minnesota Statutes 1990, section 43A.04, is 
amended by adding a subdivision to read: 
commissioner may adopt rules under the administrative procedure 
act to assure compliance with sections 471.991 to 471.999. 
    Sec. 3.  Minnesota Statutes 1990, section 43A.13, is 
amended by adding a subdivision to read: 
    Subd. 9.  [DISABLED FORMER EMPLOYEES.] A former classified 
employee who is receiving disability benefits under a state 
retirement plan remains eligible for reemployment. 
    Sec. 4.  Minnesota Statutes 1990, section 43A.316, 
subdivision 8, is amended to read: 
    Subd. 8.  [CONTINUATION OF COVERAGE.] (a) A former employee 
who is 55 years old or older and is receiving a public pension 
disability benefit or an annuity or is 55 years old or older and 
has met the age and service requirements necessary to receive an 
annuity under chapter 353, 353C, 354, 354A, 356, 422A, 423, 
423A, or 424 is eligible to participate in the plan, except 
that.  A former employee who is over age 65 years old or older 
and is not eligible for enrolled in Medicare coverage is not 
eligible to participate in the plan.  This participation is at 
the 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 various classes including but not limited to:  
    (1) all participants former employees eligible under this 
paragraph who are under age 65; and 
    (2) all participants former employees eligible under this 
paragraph who are over age 65 years old or older and are 
receiving enrolled in Medicare coverage.; and 
    (3) all former employees eligible under this paragraph 
whose group participates in the plan. 
    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 the option to 
participate under this paragraph no later than the effective 
date of retirement.  The retired employee or the employer of a 
participating group on behalf of a current or retired employee 
shall notify the commissioner within 30 days of the effective 
date of retirement of intent to exercise this option participate 
in the plan according to the rules established by the 
    (b) The spouse of a deceased, active, or former employee 
may purchase the benefits provided at premiums established by 
the commissioner if the spouse was a dependent under the active 
or former employee's coverage under this section at the time of 
the death.  Coverage under this clause must be coordinated with 
relevant insurance benefits provided through the federally 
sponsored Medicare program.  
    (c) 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.  
    (d) A person who desires to participate under paragraphs 
(a) to (c) shall notify the 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. 
    (e) A participant who discontinues coverage may not 
    Persons participating under these paragraphs shall make 
appropriate premium payments in the time and manner established 
by the commissioner. 
    Sec. 5.  [EFFECTIVE DATE.] 
    Section 2 is effective the day following final enactment. 
    Presented to the governor May 17, 1991 
    Signed by the governor May 21, 1991, 1:21 p.m.

Official Publication of the State of Minnesota
Revisor of Statutes