Office of the Revisor of Statutes
Minnesota Session Laws - 1998, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 351-H.F.No. 3068
An act relating to state employment; modifying salary
provisions for certain officials; setting conditions
for advancing employees within a compensation plan or
to exceed the salary of an agency head; providing an
early retirement incentive for certain employees of
the bureau of criminal apprehension; ratifying certain
labor agreements; ratifying certain plans and
proposals; amending Minnesota Statutes 1997
Supplement, sections 15A.0815, subdivision 3; 43A.17,
subdivision 3; and 298.22, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 43A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1997 Supplement, section
15A.0815, subdivision 3, is amended to read:
Subd. 3. [GROUP II SALARY LIMITS.] The salaries for
positions in this subdivision may not exceed 75 percent of the
salary of the governor:
Ombudsman for corrections;
Executive director of gambling control board;
Commissioner, iron range resources and rehabilitation
board;
Commissioner, bureau of mediation services;
Ombudsman for mental health and retardation;
Chair, metropolitan council;
Executive director of pari-mutuel racing;
Executive director, public employees retirement
association;
Commissioner, public utilities commission;
Executive director, state retirement system; and
Executive director, teachers retirement association.
Sec. 2. Minnesota Statutes 1997 Supplement, section
43A.17, subdivision 3, is amended to read:
Subd. 3. [UNUSUAL EMPLOYMENT SITUATIONS.] (a) Upon the
request of the appointing authority, and when the commissioner
determines that changes in employment situations create
difficulties in attracting or retaining employees, the
commissioner may approve an unusual employment situation
increase to advance an employee within the compensation plan.
The action must be consistent with applicable provisions of
collective bargaining agreements or plans adopted under section
43A.18. The commissioner shall review each proposal giving due
consideration to salary rates paid to other employees in the
same class and agency and may approve any request which in the
commissioner's judgment is in the best interest of the state.
(b) If the commissioner determines that the a position
requires special expertise necessitating a higher salary to
attract or retain qualified persons, the commissioner may grant
an exemption not to exceed 120 percent of the salary of the head
of the agency or the maximum rate established for the position,
whichever is less.
(c) The following conditions apply to a request under
paragraph (a) to advance an employee within a compensation plan
or under paragraph (b) to exceed the salary of the agency head:
(1) the appointing authority making the request must submit
a detailed written statement for each position contained in the
request, specifying the changes in employment situations that
create difficulties in attracting or retaining an employee for
the position;
(2) the commissioner shall review each proposal giving due
consideration to salary rates paid to other employees in the
same class and agency and, if other conditions in this paragraph
are met, may approve any request that in the commissioner's
judgment is in the best interest of the state;
(3) the action must be consistent with applicable
provisions of collective bargaining agreements or plans adopted
under section 43A.18;
(4) each increase or exemption must be separately
documented for each employee or position and may not be applied
to groups of employees; and
(5) the commissioner shall report the granting of a request
to the chair of the legislative coordinating commission within
three working days.
Sec. 3. [43A.345] [EARLY RETIREMENT INCENTIVE.]
Subdivision 1. [ELIGIBILITY.] The incentive in subdivision
2 is available to any employee of the bureau of criminal
apprehension in the department of public safety who:
(1) retires during the pay period in which the employee's
55th birthday occurs, or retires during the first pay period
after the employee's 55th birthday in which the employee's
anniversary date occurs;
(2) is covered by the state patrol retirement fund and is
eligible to receive an annuity from that fund at the time of
retirement; and
(3) is receiving the full employer contribution for health
and dental coverage immediately before retirement, or is on an
unpaid leave of absence immediately before retirement which
began not more than six months before retirement, during which
leave the employee continues to be covered by the state group
insurance program by employee payment of premiums.
Subd. 2. [INCENTIVE.] For an employee who meets the
requirements of subdivision 1, the employer shall pay the full
employer contribution, as specified in the collective bargaining
agreement with the bargaining unit in section 179A.10,
subdivision 2, clause (1), for health and dental insurance for
the employee and, if the employee had dependent coverage
immediately before retirement, for the employee's dependents.
Notwithstanding section 179A.20, subdivision 2a, the employer
contributions under this subdivision must continue until the
employee reaches age 65. The postretirement health and dental
insurance coverage provided under this section is that coverage
the employee was receiving as of the date of retirement, subject
to any changes in coverage specified in the collective
bargaining agreement with the bargaining unit in section
179A.10, subdivision 2, clause (1).
Subd. 3. [PRE-55 INCENTIVE.] An employee who meets the
conditions in subdivision 1 but has attained the age of 50 but
not yet 55 at the time of retirement must receive until age 65
an employer contribution of 120 times the amount of the monthly
employer contribution applicable to the employee at the time of
retirement, divided by the number of months from the date of
retirement until the employee attains age 65.
Subd. 4. [DURATION.] If a collective bargaining agreement
with the bargaining unit in section 179A.10, subdivision 2,
clause (1), does not contain an early retirement incentive
similar to that provided in this section, the benefits under
this section are not available to an employee who retires after
the implementation date of the agreement.
Subd. 5. [TRANSITION.] An employee otherwise eligible for
an early retirement incentive under subdivisions 1 and 2 who
retires on or after the employee's 55th birthday and between
June 30, 1997, and July 1, 1998, is entitled to the incentive in
subdivision 2.
Sec. 4. Minnesota Statutes 1997 Supplement, section
298.22, subdivision 1, is amended to read:
Subdivision 1. (1) The governor shall appoint the
commissioner of iron range resources and rehabilitation under
section 15.06.
(2) The commissioner may hold other positions or
appointments that are not incompatible with duties as
commissioner of iron range resources and rehabilitation. The
commissioner may appoint a deputy commissioner. All expenses of
the commissioner, including the payment of such assistance as
may be necessary, must be paid out of the amounts appropriated
by section 298.28. The salary of the commissioner must be set
by the legislative coordinating commission and may not exceed 75
percent of the salary of the governor.
(3) When the commissioner determines that distress and
unemployment exists or may exist in the future in any county by
reason of the removal of natural resources or a possibly limited
use of natural resources in the future and any resulting
decrease in employment, the commissioner may use whatever
amounts of the appropriation made to the commissioner of revenue
in section 298.28 that are determined to be necessary and proper
in the development of the remaining resources of the county and
in the vocational training and rehabilitation of its residents,
except that the amount needed to cover cost overruns awarded to
a contractor by an arbitrator in relation to a contract awarded
by the commissioner or in effect after July 1, 1985, is
appropriated from the general fund. For the purposes of this
section, "development of remaining resources" includes, but is
not limited to, the promotion of tourism.
Sec. 5. [RATIFICATIONS.]
Subdivision 1. [COUNCIL 6.] The labor agreement between
the state of Minnesota and state bargaining units 2, 3, 4, 6, 7,
and 8 represented by the American federation of state, county,
and municipal employees, council 6, approved by the legislative
coordinating commission subcommittee on employee relations on
August 13, 1997, is ratified.
Subd. 2. [PROFESSIONAL EMPLOYEES.] The labor agreement
between the state of Minnesota and the Minnesota association of
professional employees, approved by the legislative coordinating
commission subcommittee on employee relations on September 26,
1997, is ratified.
Subd. 3. [SUPERVISORS.] The labor agreement between the
state of Minnesota and the middle management association,
approved by the legislative coordinating commission subcommittee
on employee relations on September 26, 1997, is ratified.
Subd. 4. [ENGINEERS.] The labor agreement between the
state of Minnesota and the Minnesota government engineers
council, approved by the legislative coordinating commission
subcommittee on employee relations on September 26, 1997, is
ratified.
Subd. 5. [COMMUNITY COLLEGE FACULTY.] The labor agreement
between the state of Minnesota and the Minnesota community
college faculty association, approved by the legislative
coordinating commission subcommittee on employee relations on
December 19, 1997, is ratified.
Subd. 6. [SPECIAL TEACHERS.] The labor agreement between
the state of Minnesota and the state residential schools
education association, approved by the legislative coordinating
commission subcommittee on employee relations on December 19,
1997, is ratified.
Subd. 7. [LAW ENFORCEMENT.] The labor agreement between
the state of Minnesota and the Minnesota law enforcement
association, approved by the legislative coordinating commission
subcommittee on employee relations on December 19, 1997, is
ratified.
Subd. 8. [SALARIES FOR CERTAIN HEADS OF STATE
AGENCIES.] The proposal by the governor to increase the salaries
of certain heads of state agencies, approved by the legislative
coordinating commission subcommittee on employee relations on
September 26, 1997, is ratified.
Subd. 9. [COMMISSIONER'S PLAN.] The commissioner's plan
for unrepresented employees, approved by the legislative
coordinating commission subcommittee on employee relations on
December 19, 1997, is ratified.
Subd. 10. [UNREPRESENTED, UNCLASSIFIED EMPLOYEES; HIGHER
EDUCATION SERVICES OFFICE.] The amendment to the plan for
unrepresented, unclassified employees of the higher education
services office, approved by the legislative coordinating
commission subcommittee on employee relations on December 19,
1997, is ratified.
Subd. 11. [DIRECTOR; HIGHER EDUCATION SERVICES
OFFICE.] The salary of the director of the higher education
services office is $79,000, effective after July 1, 1997, and
upon approval by the higher education services council.
Subd. 12. [MANAGERIAL PLAN.] The plan for managerial
employees, as modified and approved by the legislative
coordinating commission subcommittee on employee relations on
January 29, 1998, is ratified.
Sec. 6. [EFFECTIVE DATE.]
Sections 3 and 5 are effective the day following final
enactment.
Presented to the governor March 30, 1998
Signed by the governor April 2, 1998, 11:05 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes