Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 596-H.F.No. 2001 
           An act relating to retirement; requiring the 
          metropolitan airports commission to apply for certain 
          state aid; providing an optional method for 
          calculating annuities of certain members of the 
          Minneapolis employees retirement fund; amending 
          Minnesota Statutes 1990, sections 69.011, by adding a 
          subdivision; 69.031, subdivision 5; and 422A.01, by 
          adding subdivisions; Minnesota Statutes 1991 
          Supplement, section 69.011, subdivision 1; proposing 
          coding for new law in Minnesota Statutes, chapter 422A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1991 Supplement, section 
69.011, subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] Unless the language or 
context clearly indicates that a different meaning is intended, 
the following words and terms shall for the purposes of this 
chapter and chapters 423, 423A, 424 and 424A have the meanings 
ascribed to them: 
    (a) "Commissioner" means the commissioner of revenue. 
    (b) "Municipality" means any home rule charter or statutory 
city, organized town or park district subject to chapter 398, 
and the University of Minnesota, and, for purposes of the police 
state aid program only, the metropolitan airports commission, 
with respect to employees covered under chapter 422A. 
    (c) "Minnesota Firetown Premium Report" means a form 
prescribed by the commissioner containing space for reporting by 
insurers of fire, lightning, sprinkler leakage and extended 
coverage premiums received upon risks located or to be performed 
in this state less return premiums and dividends. 
    (d) "Firetown" means the area serviced by any municipality 
having a qualified fire department or a qualified incorporated 
fire department having a subsidiary volunteer firefighters' 
relief association. 
    (e) "Market value"  means latest available market value of 
all property in a taxing jurisdiction, whether the property is 
subject to taxation, or exempt from ad valorem taxation obtained 
from information which appears on abstracts filed with the 
commissioner of revenue or equalized by the state board of 
equalization. 
    (f) "Minnesota Aid to Police Premium Report" means a form 
prescribed by the commissioner for reporting by each fire and 
casualty insurer of all premiums received upon direct business 
received by it in this state, or by its agents for it, in cash 
or otherwise, during the preceding calendar year, with reference 
to insurance written for insuring against the perils contained 
in auto insurance coverages as reported in the Minnesota 
business schedule of the annual financial statement which each 
insurer is required to file with the commissioner in accordance 
with the governing laws or rules less return premiums and 
dividends. 
     (g) "Peace officer" means any person: 
     (1) whose primary source of income derived from wages is 
from direct employment by a municipality or county as a law 
enforcement officer on a full-time basis of not less than 30 
hours per week; 
     (2) who has been employed for a minimum of six months prior 
to December 31 preceding the date of the current year's 
certification under subdivision 2, clause (b); 
     (3) who is sworn to enforce the general criminal laws of 
the state and local ordinances; 
     (4) who is licensed by the peace officers standards and 
training board and is authorized to arrest with a warrant; and 
     (5) who is a member of a local police relief association to 
which section 69.77 applies or, the public employees police and 
fire fund, or the Minneapolis employees retirement fund. 
    (h) "Full-time equivalent number of peace officers 
providing contract service" means the integral or fractional 
number of peace officers which would be necessary to provide the 
contract service if all peace officers providing service were 
employed on a full-time basis as defined by the employing unit 
and the municipality receiving the contract service. 
    (i) "Retirement benefits other than a service pension"  
means any disbursement authorized under section 424A.05, 
subdivision 3, clauses (2), (3) and (4).  
    (j) "Municipal clerk, municipal clerk-treasurer or county 
auditor" means the person who was elected or appointed to the 
specified position or, in the absence of the person, another 
person who is designated by the applicable governing body.  In a 
park district the clerk is the secretary of the board of park 
district commissioners.  In the case of the University of 
Minnesota, the clerk is that official designated by the board of 
regents.  For the metropolitan airports commission, the clerk is 
the person designated by the commission. 
    Sec. 2.  Minnesota Statutes 1990, section 69.011, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [METROPOLITAN AIRPORTS COMMISSION.] The 
metropolitan airports commission shall apply for all police 
state aid that it is eligible to receive on behalf of employees 
covered under chapter 422A. 
     Sec. 3.  Minnesota Statutes 1990, section 69.031, 
subdivision 5, is amended to read: 
    Subd. 5.  [DEPOSIT OF STATE AID.] (1) The municipal 
treasurer, on receiving the fire state aid, shall within 30 days 
after receipt transmit it to the treasurer of the duly 
incorporated firefighters' relief association if there is one 
organized and the association has filed a financial report with 
the municipality; but if there is no relief association 
organized, or if any association dissolve, be removed, or has 
heretofore dissolved, or has been removed as trustees of state 
aid, then the treasurer of the municipality shall keep the money 
in the municipal treasury as provided for in section 424A.08 and 
shall be disbursed only for the purposes and in the manner set 
forth in that section.  
    (2) The municipal treasurer, upon receipt of the police 
state aid, shall disburse the police state aid in the following 
manner: 
    (a) For a municipality in which a local police relief 
association exists and all peace officers are members of the 
association, the total state aid shall be transmitted to the 
treasurer of the relief association within 30 days of the date 
of receipt, and the treasurer of the relief association shall 
immediately deposit the total state aid in the special fund of 
the relief association; 
     (b) For a municipality in which police retirement coverage 
is provided by the public employees police and fire fund and all 
peace officers are members of the fund, the total state aid 
shall be applied toward the municipality's employer contribution 
to the public employees police and fire fund pursuant to section 
353.65, subdivision 3, and any state aid in excess of the amount 
required to meet the employer's contribution pursuant to section 
353.65, subdivision 3, shall be deposited in the public 
employees insurance reserve holding account of the public 
employees retirement association; or 
     (c) For a municipality other than a city of the first class 
with a population of more than 300,000 in which both a police 
relief association exists and police retirement coverage is 
provided in part by the public employees police and fire fund, 
the municipality may elect at its option to transmit the total 
state aid to the treasurer of the relief association as provided 
in clause (a), to use the total state aid to apply toward the 
municipality's employer contribution to the public employees 
police and fire fund subject to all the provisions set forth in 
clause (b), or to allot the total state aid proportionately to 
be transmitted to the police relief association as provided in 
this subdivision and to apply toward the municipality's employer 
contribution to the public employees police and fire fund 
subject to the provisions of clause (b) on the basis of the 
respective number of active full-time peace officers, as defined 
in section 69.011, subdivision 1, clause (g). 
      For a city of the first class with a population of more 
than 300,000, in addition, the city may elect to allot the 
appropriate portion of the total police state aid to apply 
toward the employer contribution of the city to the public 
employees police and fire fund based on the covered salary of 
police officers covered by the fund each payroll period and to 
transmit the balance to the police relief association. 
      (3) The county treasurer, upon receipt of the police state 
aid for the county, shall apply the total state aid toward the 
county's employer contribution to the public employees police 
and fire fund pursuant to section 353.65, subdivision 3, and any 
state aid in excess of the amount required to meet the 
employer's contribution pursuant to section 353.65, subdivision 
3, shall be deposited in the public employees insurance reserve 
holding account of the public employees retirement association. 
    (4) The designated metropolitan airports commission 
official, upon receipt of the police state aid for the 
metropolitan airports commission, shall apply the total police 
state aid toward the commission's employer contribution to the 
Minneapolis employees retirement fund under section 422A.101, 
subdivision 2a. 
    Sec. 4.  Minnesota Statutes 1990, section 422A.01, is 
amended by adding a subdivision to read: 
    Subd. 17.  [FIREFIGHTER.] "Firefighter," for purposes of 
section 422A.151, means an employee of the metropolitan airports 
commission who was employed by the commission before June 30, 
1978, and whose employment duties include, at a minimum, full- 
time service as an employee of a designated fire company who is 
engaged primarily in fire suppression and related duties, or as 
a person who is in charge of a designated fire company or 
companies and who is engaged in the hazards of fire fighting. 
    Sec. 5.  Minnesota Statutes 1990, section 422A.01, is 
amended by adding a subdivision to read: 
    Subd. 18.  [LICENSED PEACE OFFICER.] "Licensed peace 
officer," for purposes of section 422A.151, means an employee of 
the metropolitan airports commission who was employed by the 
commission before June 30, 1978, and whose employment duties 
include, at a minimum, full-time service as an officer whose 
primary job it is to enforce the law, who is licensed by the 
Minnesota board of peace officer standards and training under 
sections 626.84 to 626.855, who is engaged in the hazards of 
protecting the safety and property of others, and who has the 
power to arrest by warrant. 
    Sec. 6.  [422A.151] [ALTERNATIVE CALCULATION OF ANNUITY.] 
    (a) In the case of a contributing member of the Minneapolis 
employees retirement fund who is employed as a licensed peace 
officer or firefighter with the metropolitan airports commission 
and who retires, becomes disabled within the meaning of section 
422A.18, or dies, the retirement, disability, or survivor 
allowance is equal to the higher of the following: 
    (1) the retirement, disability, or survivor allowance 
calculated for the person under the applicable provisions of the 
Minneapolis employees retirement fund; or 
    (2) the retirement, disability, or survivor benefit that 
the person would be entitled to upon meeting the applicable age 
and allowable service requirements of section 353.651, 353.656, 
or 353.657 if all employment as a licensed peace officer or 
firefighter with the metropolitan airports commission had been 
allowable service under the public employees retirement 
association police and fire fund, instead of being covered by 
the Minneapolis employees retirement fund.  In computing the 
alternative benefit under section 353.651, 353.656, or 353.657, 
the applicable definitions and related provisions of chapter 353 
must be used. 
    (b) If a contributing member under paragraph (a) has 
periods of coverage by the Minneapolis employees retirement fund 
that include service other than employment as a licensed peace 
officer or firefighter as well as employment as a licensed peace 
officer or firefighter, the calculation of the benefit under 
paragraph (a), clause (2), may only utilize service as a 
licensed peace officer or firefighter employed by the 
metropolitan airports commission. 
    Sec. 7.  [EFFECTIVE DATE.] 
    Sections 1 to 6 are effective July 1, 1992.  Section 6 
applies only to persons who retire, become disabled, or become 
survivors after that date. 
    Presented to the governor April 17, 1992 
    Signed by the governor April 29, 1992, 8:34 a.m.