Office of the Revisor of Statutes
Minnesota Session Laws - 2000, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 457-S.F.No. 3257
An act relating to state employment; modifying
legislative employment provisions; amending Minnesota
Statutes 1998, sections 3.07; 3.09; 3.095; 352.01,
subdivision 2a; and 352D.02, subdivisions 1 and 1c;
Minnesota Statutes 1999 Supplement, sections 3.096;
and 43A.24, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1998, section 3.07, is
amended to read:
3.07 [ADDITIONAL EMPLOYEES.]
Each house, after its organization, may appoint and at
pleasure remove the employees provided for by its permanent
rules or recommended by its committee on legislative expense
rules. All officers and employees shall be paid by the day and
shall receive the compensation provided by the permanent rules
of the electing or appointing body or recommended by its
committee on legislative expense rules. Unless otherwise
expressly provided by law, no officer or employee shall receive
any other compensation for services.
Sec. 2. Minnesota Statutes 1998, section 3.09, is amended
to read:
3.09 [COMPENSATION OF EMPLOYEES.]
The compensation of officers and employees shall be at the
rates per day fixed by the permanent rules of the electing or
appointing body or recommended by its committee on legislative
expense rules.
Sec. 3. Minnesota Statutes 1998, section 3.095, is amended
to read:
3.095 [LEGISLATIVE EMPLOYEES, LEAVES.]
The legislative coordinating commission shall adopt plans
for sick leave and annual leave for the permanent employees of
the legislature and of legislative committees and commissions.
Sec. 4. Minnesota Statutes 1999 Supplement, section 3.096,
is amended to read:
3.096 [TRANSFER OF LEAVE.]
An employee in the classified or unclassified service who
accepts a position as a permanent an employee of the legislature
shall have accrued vacation and sick leave transferred and
placed to the employee's credit on the legislative records. A
permanent An employee of the legislature who accepts a position
in the classified or unclassified service shall have accrued
vacation and sick leave transferred and placed to the employee's
credit on the records of the new appointing authority. Vacation
and sick leave are not transferred if the new position does not
provide for the leave. The amount of vacation and sick leave
that may be transferred is subject to any limitations imposed by
the receiving agency's collective bargaining agreement or
compensation plan.
Sec. 5. Minnesota Statutes 1999 Supplement, section
43A.24, subdivision 2, is amended to read:
Subd. 2. [OTHER ELIGIBLE PERSONS.] The following persons
are eligible for state paid life insurance and hospital,
medical, and dental benefits as determined in applicable
collective bargaining agreements or by the commissioner or by
plans pursuant to section 43A.18, subdivision 6, or by the board
of regents for employees of the University of Minnesota not
covered by collective bargaining agreements. Coverages made
available, including optional coverages, are as contained in the
plan established pursuant to section 43A.18, subdivision 2:
(a) a member of the state legislature, provided that
changes in benefits resulting in increased costs to the state
shall not be effective until expiration of the term of the
members of the existing house of representatives. An eligible
member of the state legislature may decline to be enrolled for
state paid coverages by filing a written waiver with the
commissioner. The waiver shall not prohibit the member from
enrolling the member or dependents for optional coverages,
without cost to the state, as provided for in section 43A.26. A
member of the state legislature who returns from a leave of
absence to a position previously occupied in the civil service
shall be eligible to receive the life insurance and hospital,
medical, and dental benefits to which the position is entitled;
(b) a permanent an employee of the legislature or a
permanent an employee of a permanent study or interim committee
or commission or a state employee on leave of absence to work
for the legislature, during a regular or special legislative
session, as determined by the legislative coordinating
commission;
(c) a judge of the appellate courts or an officer or
employee of these courts; a judge of the district court, a judge
of county court, or a judge of county municipal court; a
district court referee, judicial officer, court reporter, or law
clerk; a district administrator; an employee of the office of
the district administrator that is not in the second or fourth
judicial district; a court administrator or employee of the
court administrator in a judicial district under section
480.181, subdivision 1, paragraph (b), and a guardian ad litem
program employee;
(d) a salaried employee of the public employees retirement
association;
(e) a full-time military or civilian officer or employee in
the unclassified service of the department of military affairs
whose salary is paid from state funds;
(f) a salaried employee of the Minnesota historical
society, whether paid from state funds or otherwise, who is not
a member of the governing board;
(g) an employee of the regents of the University of
Minnesota;
(h) notwithstanding section 43A.27, subdivision 3, an
employee of the state of Minnesota or the regents of the
University of Minnesota who is at least 60 and not yet 65 years
of age on July 1, 1982, who is otherwise eligible for employee
and dependent insurance and benefits pursuant to section 43A.18
or other law, who has at least 20 years of service and retires,
earlier than required, within 60 days of March 23, 1982; or an
employee who is at least 60 and not yet 65 years of age on July
1, 1982, who has at least 20 years of state service and retires,
earlier than required, from employment at Rochester state
hospital after July 1, 1981; or an employee who is at least 55
and not yet 65 years of age on July 1, 1982, and is covered by
the Minnesota state retirement system correctional employee
retirement plan or the state patrol retirement fund, who has at
least 20 years of state service and retires, earlier than
required, within 60 days of March 23, 1982. For purposes of
this clause, a person retires when the person terminates active
employment in state or University of Minnesota service and
applies for a retirement annuity. Eligibility shall cease when
the retired employee attains the age of 65, or when the employee
chooses not to receive the annuity that the employee has applied
for. The retired employee shall be eligible for coverages to
which the employee was entitled at the time of retirement,
subject to any changes in coverage through collective bargaining
or plans established pursuant to section 43A.18, for employees
in positions equivalent to that from which retired, provided
that the retired employee shall not be eligible for state-paid
life insurance. Coverages shall be coordinated with relevant
health insurance benefits provided through the federally
sponsored Medicare program;
(i) an employee of an agency of the state of Minnesota
identified through the process provided in this paragraph who is
eligible to retire prior to age 65. The commissioner and the
exclusive representative of state employees shall enter into
agreements under section 179A.22 to identify employees whose
positions are in programs that are being permanently eliminated
or reduced due to federal or state policies or practices.
Failure to reach agreement identifying these employees is not
subject to impasse procedures provided in chapter 179A. The
commissioner must prepare a plan identifying eligible employees
not covered by a collective bargaining agreement in accordance
with the process outlined in section 43A.18, subdivisions 2 and
3. For purposes of this paragraph, a person retires when the
person terminates active employment in state service and applies
for a retirement annuity. Eligibility ends as provided in the
agreement or plan, but must cease at the end of the month in
which the retired employee chooses not to receive an annuity, or
the employee is eligible for employer-paid health insurance from
a new employer. The retired employees shall be eligible for
coverages to which they were entitled at the time of retirement,
subject to any changes in coverage through collective bargaining
or plans established under section 43A.18 for employees in
positions equivalent to that from which they retired, provided
that the retired employees shall not be eligible for state-paid
life insurance;
(j) employees of the state board of public defense, with
eligibility determined by the state board of public defense in
consultation with the commissioner of employee relations; and
(k) employees of the health data institute under section
62J.451, subdivision 12, as paid for by the health data
institute.
Sec. 6. Minnesota Statutes 1998, section 352.01,
subdivision 2a, is amended to read:
Subd. 2a. [INCLUDED EMPLOYEES.] (a) "State employee"
includes:
(1) employees of the Minnesota historical society;
(2) employees of the state horticultural society;
(3) employees of the Disabled American Veterans, Department
of Minnesota, Veterans of Foreign Wars, Department of Minnesota,
if employed before July 1, 1963;
(4) employees of the Minnesota crop improvement
association;
(5) employees of the adjutant general who are paid from
federal funds and who are not covered by any federal civilian
employees retirement system;
(6) employees of the state universities employed under the
university activities program;
(7) currently contributing employees covered by the system
who are temporarily employed by the legislature during a
legislative session or any currently contributing employee
employed for any special service as defined in subdivision 2b,
clause (8);
(8) employees of the armory building commission;
(9) permanent employees of the legislature appointed
without a limit on the duration of their employment and persons
employed or designated by the legislature or by a legislative
committee or commission or other competent authority to conduct
a special inquiry, investigation, examination, or installation;
(10) trainees who are employed on a full-time established
training program performing the duties of the classified
position for which they will be eligible to receive immediate
appointment at the completion of the training period;
(11) employees of the Minnesota safety council;
(12) any employees on authorized leave of absence from the
transit operating division of the former metropolitan transit
commission who are employed by the labor organization which is
the exclusive bargaining agent representing employees of the
transit operating division;
(13) employees of the metropolitan council, metropolitan
parks and open space commission, metropolitan sports facilities
commission, metropolitan mosquito control commission, or
metropolitan radio board unless excluded or covered by another
public pension fund or plan under section 473.415, subdivision
3;
(14) judges of the tax court;
(15) personnel employed on June 30, 1992, by the University
of Minnesota in the management, operation, or maintenance of its
heating plant facilities, whose employment transfers to an
employer assuming operation of the heating plant facilities, so
long as the person is employed at the University of Minnesota
heating plant by that employer or by its successor organization;
(16) seasonal help in the classified service employed by
the department of revenue; and
(17) a person who renders teaching or other service for the
Minnesota state colleges and universities system and who also
renders service on a part-time basis for an employer with
employees covered by the general state employees retirement plan
of the Minnesota state retirement system, for all service with
the Minnesota state colleges and universities system, if the
person's nonteaching service comprises at least 50 percent of
the combined total salary received by the person as determined
by the chancellor of the Minnesota state colleges and
universities system or if the person is certified for general
state employees retirement plan coverage by the chancellor of
the Minnesota state colleges and universities system.
(b) Employees specified in paragraph (a), clause (15), are
included employees under paragraph (a) if employer and employee
contributions are made in a timely manner in the amounts
required by section 352.04. Employee contributions must be
deducted from salary. Employer contributions are the sole
obligation of the employer assuming operation of the University
of Minnesota heating plant facilities or any successor
organizations to that employer.
Sec. 7. Minnesota Statutes 1998, section 352D.02,
subdivision 1, is amended to read:
Subdivision 1. [COVERAGE.] (a) Employees enumerated in
paragraph (c), clauses (2), (3), (4), and (6) to (15), if they
are in the unclassified service of the state or metropolitan
council and are eligible for coverage under the general state
employees retirement plan under chapter 352, are participants in
the unclassified program under this chapter unless the employee
gives notice to the executive director of the Minnesota state
retirement system within one year following the commencement of
employment in the unclassified service that the employee desires
coverage under the general state employees retirement plan. For
the purposes of this chapter, an employee who does not file
notice with the executive director is deemed to have exercised
the option to participate in the unclassified plan.
(b) Persons referenced in paragraph (c), clauses (1) and
(5), are participants in the unclassified program under this
chapter unless the person is eligible to elect different
coverage under section 3A.07 or 352C.011 and, after July 1,
1998, elects retirement coverage by the applicable alternative
retirement plan.
(c) Enumerated employees and referenced persons are:
(1) the governor, the lieutenant governor, the secretary of
state, the state auditor, the state treasurer, and the attorney
general;
(2) an employee in the office of the governor, lieutenant
governor, secretary of state, state auditor, state treasurer,
attorney general;
(3) an employee of the state board of investment;
(4) the head of a department, division, or agency created
by statute in the unclassified service, an acting department
head subsequently appointed to the position, or an employee
enumerated in section 15A.0815 or 15A.083, subdivision 4;
(5) a member of the legislature;
(6) a permanent, full-time unclassified employee of the
legislature or a commission or agency of the legislature who is
appointed without a limit on the duration of the employment or a
temporary legislative employee having shares in the supplemental
retirement fund as a result of former employment covered by this
chapter, whether or not eligible for coverage under the
Minnesota state retirement system;
(7) a person who is employed in a position established
under section 43A.08, subdivision 1, clause (3), or in a
position authorized under a statute creating or establishing a
department or agency of the state, which is at the deputy or
assistant head of department or agency or director level;
(8) the regional administrator, or executive director of
the metropolitan council, general counsel, division directors,
operations managers, and other positions as designated by the
council, all of which may not exceed 27 positions at the council
and the chair, provided that upon initial designation of all
positions provided for in this clause, no further designations
or redesignations may be made without approval of the board of
directors of the Minnesota state retirement system;
(9) the executive director, associate executive director,
and not to exceed nine positions of the higher education
services office in the unclassified service, as designated by
the higher education services office before January 1, 1992, or
subsequently redesignated with the approval of the board of
directors of the Minnesota state retirement system, unless the
person has elected coverage by the individual retirement account
plan under chapter 354B;
(10) the clerk of the appellate courts appointed under
article VI, section 2, of the Constitution of the state of
Minnesota;
(11) the chief executive officers of correctional
facilities operated by the department of corrections and of
hospitals and nursing homes operated by the department of human
services;
(12) an employee whose principal employment is at the state
ceremonial house;
(13) an employee of the Minnesota educational computing
corporation;
(14) an employee of the world trade center board; and
(15) an employee of the state lottery board who is covered
by the managerial plan established under section 43A.18,
subdivision 3.
Sec. 8. Minnesota Statutes 1998, section 352D.02,
subdivision 1c, is amended to read:
Subd. 1c. An employee covered by the regular plan who is
subsequently employed as a permanent, full-time unclassified
employee of the legislature or any commission or agency of the
legislature without a limit on the duration of the employment
may elect to transfer accumulated employee and matching employer
contributions, as provided in section 352D.03.
Presented to the governor May 2, 2000
Signed by the governor May 5, 2000, 10:51 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes