language to be deleted (2) new language
relating to religious corporations; permitting a church benefits board to act as a trustee of a trust;
amending Minnesota Statutes 2008, section 317A.909.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
When authorized by its members or otherwise, a corporation formed for a religious purpose may provide directly or through a church benefits board for:
(1) support and payment of benefits to its ministers, teachers, employees, or functionaries and to the ministers, teachers, employees, or functionaries of a nonprofit organization affiliated with it or under its jurisdiction;
(2) payment of benefits to the surviving spouses, children, dependents, or other beneficiaries of the persons named in clause (1);
(3) collection of contributions and other payments; or
(4) creation, maintenance, investment, management, and disbursement of necessary endowment, reserve, and other funds for these purposes, including a trust fund or corporation that funds a "church plan" as defined in section 414(e) of the Internal Revenue Code of 1986, as amended through December 31, 1988.
The insurance laws of this state do not apply to the operations of a corporation under subdivision 1.
Except for property leased or used for profit, personal and real property that a religious corporation necessarily uses for a religious purpose is exempt from taxation.
A "church benefits board" is an organization described in section 414(e)(3)(A) of the Internal Revenue Code of 1986, as amended through December 31, 1988, whether a civil law corporation or otherwise, the principal purpose or function of which is the administration or funding of a plan or program for the provision of retirement benefits or welfare benefits for the employees of a church or a convention or association of churches, if the organization is controlled by or associated with a church or a convention or association of churches.
Presented to the governor May 5, 2009
Signed by the governor May 7, 2009, 4:24 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes