1.1                          A bill for an act 
  1.2             relating to retirement; correctional state employees 
  1.3             retirement plan; revising various membership 
  1.4             provisions; amending Minnesota Statutes 2002, sections 
  1.5             352.90; 352.91, subdivisions 1, 2, 2a, 3c, 3d, 3e, 3f, 
  1.6             3g, 5, by adding subdivisions; repealing Minnesota 
  1.7             Statutes 2002, section 352.91, subdivisions 3a, 3b. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 352.90, is 
  1.10  amended to read: 
  1.11     352.90 [POLICY.] 
  1.12     It is the policy of the legislature to provide special 
  1.13  retirement benefits and contributions for certain correctional 
  1.14  employees who ~~may be required~~ are subject to a requirement to 
  1.15  retire at an early age because ~~they lose~~ the correctional 
  1.16  employee loses the mental or physical capacity that is required 
  1.17  to maintain the safety, security, discipline, and custody of 
  1.18  inmates at state correctional facilities ~~or~~, of patients at the 
  1.19  Minnesota Security Hospital or at the Minnesota Sexual 
  1.20  Psychopathic Personality Treatment Center, or of patients in the 
  1.21  Minnesota extended treatment options on-campus program at the 
  1.22  Cambridge Regional Human Services Center.  
  1.23     Sec. 2.  Minnesota Statutes 2002, section 352.91, 
  1.24  subdivision 1, is amended to read: 
  1.25     Subdivision 1.  [MEMBERSHIP, QUALIFYING ~~JOBS~~ EMPLOYMENT 
  1.26  POSITIONS.] The employment positions described in subdivisions 
  2.1   1a and 2a, the employment positions specified in subdivisions 2, 
  2.2   3c, 3d, 3e, 3f, and 3g, and employees transferred on an interim 
  2.3   basis under subdivision 4a, are eligible for membership in the 
  2.4   correctional state employees retirement plan of the Minnesota 
  2.5   State Retirement System if the person is referenced in section 
  2.6   352.01, subdivision 2a, and is not excluded under section 
  2.7   352.01, subdivision 2b. 
  2.8      Subd. 1a.  [CORRECTIONAL OFFICERS AND SECURITY COUNSELORS.] 
  2.9   "Covered correctional service" means service performed by a 
  2.10  state employee, as defined in section 352.01, who is employed at 
  2.11  a state correctional facility, the Minnesota Security Hospital, 
  2.12  or the Minnesota Sexual Psychopathic Personality Treatment 
  2.13  Center as:  
  2.14     (1) a corrections officer 1; 
  2.15     (2) a corrections officer 2; 
  2.16     (3) a corrections officer 3; 
  2.17     (4) ~~a corrections officer supervisor;~~ 
  2.18     ~~(5)~~ a corrections officer 4; 
  2.19     ~~(6)~~ (5) a corrections captain; 
  2.20     ~~(7)~~ (6) a security counselor; or 
  2.21     ~~(8)~~ (7) a security counselor lead. 
  2.22     Sec. 3.  Minnesota Statutes 2002, section 352.91, 
  2.23  subdivision 2, is amended to read: 
  2.24     Subd. 2.  [MAINTENANCE AND TRADES.] (a) "Covered 
  2.25  correctional service" also means service rendered ~~at any time~~ by 
  2.26  a state ~~employees~~ employee, defined in section 352.01, who is 
  2.27  employed as a maintenance ~~personnel and members~~ person or as a 
  2.28  member of ~~trades~~ a trade in a position listed in paragraph (b) 
  2.29  who is certified by the commissioner of employee relations as 
  2.30  being regularly engaged in rehabilitation, treatment, custody, 
  2.31  or supervision of inmates at a Minnesota correctional facility, 
  2.32  or of patients at the Minnesota Security Hospital or at the 
  2.33  Minnesota Sexual Psychopathic Personality Treatment Center. 
  2.34     (b) A qualifying maintenance or trade position is: 
  2.35     (1) assistant chief engineer; 
  2.36     (2) automotive mechanic lead; 
  3.1      (3) building maintenance lead worker; 
  3.2      (4) building maintenance supervisor; 
  3.3      (5) building utilities mechanic; 
  3.4      (6) carpenter; 
  3.5      (7) carpenter lead; 
  3.6      (8) corrections industry production supervisor; 
  3.7      (9) corrections manufacturing specialist - auto body; 
  3.8      (10) corrections manufacturing specialist - auto 
  3.9   technician; 
  3.10     (11) corrections manufacturing specialist - engineering and 
  3.11  drafting; 
  3.12     (12) corrections manufacturing specialist - graphics; 
  3.13     (13) corrections manufacturing specialist - licensing 
  3.14  plant; 
  3.15     (14) corrections manufacturing specialist - light assembly; 
  3.16     (15) corrections manufacturing specialist - light 
  3.17  manufacturing; 
  3.18     (16) corrections manufacturing specialist - sales and 
  3.19  services; 
  3.20     (17) corrections manufacturing specialist - tool and die; 
  3.21     (18) corrections manufacturing specialist - transportation 
  3.22  and warehouse; 
  3.23     (19) corrections manufacturing specialist - upholstery; 
  3.24     (20) corrections manufacturing specialist - wood; 
  3.25     (21) electrician; 
  3.26     (22) electrician lead; 
  3.27     (23) electronics technician; 
  3.28     (24) electronics technician senior; 
  3.29     (25) general maintenance worker; 
  3.30     (26) general repair worker; 
  3.31     (27) groundskeeper senior; 
  3.32     (28) institution maintenance lead worker; 
  3.33     (29) laborer-trades and equipment; 
  3.34     (30) machinery repair worker; 
  3.35     (31) mason; 
  3.36     (32) mechanical; 
  4.1      (33) painter; 
  4.2      (34) plant maintenance engineer; 
  4.3      (35) plumber; 
  4.4      (36) plumber chief; 
  4.5      (37) plumber master in charge; 
  4.6      (38) plumber supervisor; 
  4.7      (39) refrigeration mechanic; or 
  4.8      (40) stationary engineer. 
  4.9      Sec. 4.  Minnesota Statutes 2002, section 352.91, 
  4.10  subdivision 2a, is amended to read: 
  4.11     Subd. 2a.  [SPECIAL TEACHERS.] "Covered correctional 
  4.12  service" also means service rendered by a state employee, as 
  4.13  defined in section 352.01, as a special teacher employed by the 
  4.14  Department of Corrections at a correctional facility or by the 
  4.15  Department of Human Services at a security unit~~, provided~~ 
  4.16  ~~that~~ if at least 75 percent of the employee's working time is 
  4.17  spent in direct contact with inmates or patients and the fact of 
  4.18  this direct contact is certified to the executive director by 
  4.19  the ~~appropriate~~ applicable commissioner, unless the person 
  4.20  elects to retain the person's current retirement coverage ~~under~~ 
  4.21  ~~Laws 1996, chapter 408, article 8, section 21~~. 
  4.22     Sec. 5.  Minnesota Statutes 2002, section 352.91, 
  4.23  subdivision 3c, is amended to read: 
  4.24     Subd. 3c.  [NURSING PERSONNEL.] (a) "Covered correctional 
  4.25  service" means service by a state employee, as defined in 
  4.26  section 352.01, in one of the employment positions at a 
  4.27  correctional facility or at the Minnesota Security Hospital 
  4.28  specified in paragraph (b)~~, provided that~~ if at least 75 percent 
  4.29  of the employee's working time is spent in direct contact with 
  4.30  inmates or patients and the fact of this direct contact is 
  4.31  certified to the executive director by the ~~appropriate~~ 
  4.32  applicable commissioner, unless the person elects to retain 
  4.33  the person's current retirement coverage ~~under Laws 1996,~~ 
  4.34  ~~chapter 408, article 8, section 21~~. 
  4.35     (b) The qualifying employment positions are as follows: 
  4.36     (1) registered nurse - senior; 
  5.1      (2) registered nurse; 
  5.2      (3) ~~registered nurse - principal;~~ 
  5.3      ~~(4)~~ licensed practical nurse 2; ~~and~~ or 
  5.4      ~~(5)~~ (4) registered nurse practitioner. 
  5.5      Sec. 6.  Minnesota Statutes 2002, section 352.91, 
  5.6   subdivision 3d, is amended to read: 
  5.7      Subd. 3d.  [OTHER CORRECTIONAL PERSONNEL.] (a) "Covered 
  5.8   correctional service" means service by a state employee, as 
  5.9   defined in section 352.01, in one of the employment positions at 
  5.10  a correctional facility or at the Minnesota Security Hospital 
  5.11  specified in paragraph (b)~~, provided that~~ if at least 75 percent 
  5.12  of the employee's working time is spent in direct contact with 
  5.13  inmates or patients and the fact of this direct contact is 
  5.14  certified to the executive director by the ~~appropriate~~ 
  5.15  applicable commissioner, unless the person elects to retain the 
  5.16  current retirement coverage ~~under Laws 1996, chapter 408,~~ 
  5.17  ~~article 8, section 21~~. 
  5.18     (b) The qualifying employment positions are as follows:  
  5.19     (1) baker~~, chemical dependency counselor supervisor,~~; 
  5.20     (2) central services administrative specialist 
  5.21  intermediate; 
  5.22     (3) central services administrative specialist principal; 
  5.23     (4) chief cook~~,~~; 
  5.24     (5) cook~~,~~; 
  5.25     (6) cook coordinator~~,~~; 
  5.26     (7) corrections ~~behavior~~ program therapist~~,~~; 
  5.27     (8) corrections ~~behavior~~ program therapist specialist~~,~~ 
  5.28  ~~corrections parent education coordinator,~~; 
  5.29     (9) corrections security caseworker~~,~~; 
  5.30     (10) corrections security caseworker career~~,~~; 
  5.31     (11) corrections teaching assistant~~,~~; 
  5.32     (12) dentist~~,~~; 
  5.33     (13) electrician supervisor~~, general repair worker,~~; 
  5.34     (14) library/information research services specialist~~,~~; 
  5.35     (15) library/information research services specialist 
  5.36  senior~~, plumber supervisor,~~; 
  6.1      (16) psychologist 3~~,~~; 
  6.2      (17) recreation therapist~~,~~; 
  6.3      (18) recreation therapist coordinator~~,~~; 
  6.4      (19) recreation program assistant~~,~~; 
  6.5      (20) recreation therapist senior~~, stores clerk senior,~~; 
  6.6      (21) water treatment plant operator~~,~~; 
  6.7      (22) work therapy technician~~,~~; 
  6.8      (23) work therapy assistant~~,~~; or 
  6.9      (24) work therapy program coordinator. 
  6.10     ~~(c) "Covered correctional service" also means service as~~ 
  6.11  ~~the director or as an assistant group supervisor of the~~ 
  6.12  ~~Phoenix/Pomiga treatment/behavior change program of the~~ 
  6.13  ~~Department of Corrections.~~ 
  6.14     Sec. 7.  Minnesota Statutes 2002, section 352.91, 
  6.15  subdivision 3e, is amended to read: 
  6.16     Subd. 3e.  [MINNESOTA EXTENDED TREATMENT OPTIONS PROGRAM; 
  6.17  CAMBRIDGE.] (a) "Covered correctional service" means service by 
  6.18  a state employee, as defined in section 352.01, in one of the 
  6.19  ~~following~~ employment positions with the Minnesota extended 
  6.20  treatment options on-campus program at the Cambridge Regional 
  6.21  Human Services Center specified in paragraph (b) if at least 75 
  6.22  percent of the employee's working time is spent in direct 
  6.23  contact with patients who are in the Minnesota extended 
  6.24  treatment options program and if service in such a position is 
  6.25  certified to the executive director by the commissioner of human 
  6.26  services, unless the person elects to retain current retirement 
  6.27  coverage ~~under section 6:~~. 
  6.28     (b) The qualifying employment positions are as follows: 
  6.29     (1) behavior analyst ~~I~~ 1; 
  6.30     (2) human services support specialist; 
  6.31     (3) mental retardation residential program lead; 
  6.32     (4) psychologist 2; 
  6.33     (5) recreation program assistant; 
  6.34     (6) recreation therapist senior; 
  6.35     (7) registered nurse senior; 
  6.36     (8) skills development specialist; ~~and~~ or 
  7.1      (9) social worker senior. 
  7.2      Sec. 8.  Minnesota Statutes 2002, section 352.91, 
  7.3   subdivision 3f, is amended to read: 
  7.4      Subd. 3f.  [ADDITIONAL DEPARTMENT OF HUMAN SERVICES 
  7.5   PERSONNEL.] (a) "Covered correctional service" means service by 
  7.6   a state employee, as defined in section 352.01, in one of the 
  7.7   employment positions specified in paragraph (b) at the Minnesota 
  7.8   Security Hospital or the Minnesota Sexual Psychopathic 
  7.9   Personality Treatment Center~~, provided that~~ if at least 75 
  7.10  percent of the employee's working time is spent in direct 
  7.11  contact with patients and the fact of this direct contact is 
  7.12  certified to the executive director by the commissioner of human 
  7.13  services. 
  7.14     (b) The qualifying employment positions are: 
  7.15     (1) behavior analyst 2; 
  7.16     (2) licensed practical nurse 1; 
  7.17     (3) ~~office and administrative specialist senior;~~ 
  7.18     ~~(4)~~ psychologist 2; 
  7.19     ~~(5)~~ (4) social worker specialist; 
  7.20     ~~(6)~~ (5) behavior analyst 3; ~~and~~ or 
  7.21     ~~(7)~~ (6) social worker senior. 
  7.22     (c) "Covered correctional service" means service by a state 
  7.23  employee, as defined in section 352.01, in one of the employment 
  7.24  positions specified in paragraph (d) at the Minnesota Sexual 
  7.25  Psychopathic Personality Treatment Center if at least 75 percent 
  7.26  of the employee's working time is spent in direct contact with 
  7.27  patients and the fact of this direct content is certified to the 
  7.28  executive director by the commissioner of human services. 
  7.29     (d) The qualifying employment positions are: 
  7.30     (1) psychologist 3; 
  7.31     (2) recreation program assistant; 
  7.32     (3) recreation therapist senior; 
  7.33     (4) registered nurse; 
  7.34     (5) rehabilitation counselor senior; 
  7.35     (6) work therapy assistant; or 
  7.36     (7) work therapy program coordinator. 
  8.1      Sec. 9.  Minnesota Statutes 2002, section 352.91, 
  8.2   subdivision 3g, is amended to read: 
  8.3      Subd. 3g.  [ADDITIONAL CORRECTIONS DEPARTMENT PERSONNEL.] 
  8.4   (a) "Covered correctional service" means service by a state 
  8.5   employee, as defined in section 352.01, in one of the employment 
  8.6   positions at the designated Minnesota correctional facility 
  8.7   specified in paragraph (b)~~, provided that~~ if at least 75 percent 
  8.8   of the employee's working time is spent in direct contact with 
  8.9   inmates and the fact of this direct contact is certified to the 
  8.10  executive director by the commissioner of corrections. 
  8.11     (b) The qualifying employment positions and the designated 
  8.12  correctional facilities are: 
  8.13     (1) corrections discipline unit supervisor, at the 
  8.14  Minnesota Correctional Facility-Faribault, the Minnesota 
  8.15  Correctional Facility-Lino Lakes, the Minnesota Correctional 
  8.16  Facility-Oak Park Heights, the Minnesota Correctional 
  8.17  Facility-Rush City, and the Minnesota Correctional Facility-St. 
  8.18  Cloud; 
  8.19     (2) dental assistant registered, at the Minnesota 
  8.20  Correctional Facility-Faribault, the Minnesota Correctional 
  8.21  Facility-Lino Lakes, the Minnesota Correctional Facility-Moose 
  8.22  Lake, the Minnesota Correctional Facility-Oak Park Heights, and 
  8.23  the Minnesota Correctional Facility-Red Wing; 
  8.24     (3) dental hygienist, at the Minnesota Correctional 
  8.25  Facility-Shakopee and the Minnesota Correctional Facility-Rush 
  8.26  City; 
  8.27     (4) psychologist 2, at the Minnesota Correctional 
  8.28  Facility-Faribault, the Minnesota Correctional Facility-Lino 
  8.29  Lakes, the Minnesota Correctional Facility-Moose Lake, the 
  8.30  Minnesota Correctional Facility-Oak Park Heights, the Minnesota 
  8.31  Correctional Facility-Red Wing, the Minnesota Correctional 
  8.32  Facility-Rush City, the Minnesota Correctional Facility-St. 
  8.33  Cloud, the Minnesota Correctional Facility-Shakopee, and the 
  8.34  Minnesota Correctional Facility-Stillwater; ~~and~~ or 
  8.35     (5) sentencing to service crew leader involved with the 
  8.36  inmate community work crew program, at the Minnesota 
  9.1   Correctional Facility-Faribault and the Minnesota Correctional 
  9.2   Facility-Lino Lakes. 
  9.3      Sec. 10.  Minnesota Statutes 2002, section 352.91, is 
  9.4   amended by adding a subdivision to read: 
  9.5      Subd. 4a.  [INTERIM COVERAGE TRANSFER; CERTIFICATION 
  9.6   PROCEDURE.] (a) The commissioner of corrections and the 
  9.7   commissioner of human services shall each establish a procedure 
  9.8   for reviewing and evaluating the appropriateness for coverage by 
  9.9   the correctional state employees retirement plan of an employee 
  9.10  at a correctional facility for the Department of Corrections or 
  9.11  an employee at the State Security Hospital, the Minnesota Sexual 
  9.12  Psychopathic Personality Treatment Center, or the Minnesota 
  9.13  extended treatment options on-campus program at the Cambridge 
  9.14  Regional Human Services Center for the Department of Human 
  9.15  Services.  An employee of the Department of Corrections or of 
  9.16  the Department of Human Services may initiate the review and 
  9.17  evaluation.  The review and evaluation process must be conducted 
  9.18  according to established written procedures and criteria 
  9.19  promulgated by the applicable commissioner. 
  9.20     (b) The commissioner of corrections or the commissioner of 
  9.21  human services, whichever applies, may forward a plan coverage 
  9.22  transfer request received under paragraph (a) if the 
  9.23  occupational position: 
  9.24     (1) requires at least 75 percent of the employee's working 
  9.25  time to be spent in direct contact with inmates or patients, 
  9.26  whichever applies; 
  9.27     (2) is required, as part of the person's employment 
  9.28  position description, to intervene in any inmate or patient 
  9.29  disturbance or incident that occurs within the person's 
  9.30  presence; 
  9.31     (3) is required, as part of the person's employment 
  9.32  position description, to have and to maintain a particularly 
  9.33  vigorous and capable physical condition; and 
  9.34     (4) has a history of workers' compensation claims or of 
  9.35  duty days lost as a result of the hazards of the position. 
  9.36     (c) If the applicable commissioner determines that the 
 10.1   occupational position would be more appropriately covered by the 
 10.2   correctional state employees retirement plan rather than the 
 10.3   general state employees retirement plan, the commissioner may 
 10.4   recommend the proposed coverage transfer to the commissioner of 
 10.5   employee relations. 
 10.6      (d) The commissioner of employee relations shall evaluate 
 10.7   the recommendation made under paragraph (c) and shall verify the 
 10.8   basis for a retirement coverage transfer under paragraph (b).  
 10.9   If the evaluation and verification supports the recommendation, 
 10.10  the commissioner of employee relations shall forward the 
 10.11  recommendation and any pertinent supporting materials to the 
 10.12  executive director of the Legislative Commission on Pensions and 
 10.13  Retirement on June 1 of the next succeeding odd-numbered 
 10.14  calendar year. 
 10.15     (e) Following the receipt of a coverage transfer request 
 10.16  under paragraph (d), during the interim between the odd-numbered 
 10.17  year legislative session and the following even-numbered year 
 10.18  legislative session, the Legislative Commission on Pensions and 
 10.19  Retirement shall conduct a hearing to review the coverage 
 10.20  transfer request.  If the Legislative Commission on Pensions and 
 10.21  Retirement approves the coverage transfer request, the 
 10.22  commission executive director shall notify the executive 
 10.23  director of the Minnesota State Retirement System of that action 
 10.24  and the executive director shall transfer the person or persons 
 10.25  involved to the correctional state employees retirement plan as 
 10.26  an interim member of the plan.  Interim plan membership expires 
 10.27  on June 30 of the even-numbered calendar year next following the 
 10.28  transfer.  
 10.29     (f) If an employee of the department is transferred on an 
 10.30  interim membership basis, the commissioner of corrections or the 
 10.31  commissioner of human services, whichever applies, shall forward 
 10.32  draft proposed legislation to the Legislative Commission on 
 10.33  Pensions and Retirement to codify the interim membership 
 10.34  transfer as a permanent transfer. 
 10.35     Sec. 11.  Minnesota Statutes 2002, section 352.91, is 
 10.36  amended by adding a subdivision to read: 
 11.1      Subd. 4b.  [ELECTION TO RETAIN PRIOR COVERAGE.] (a) A state 
 11.2   employee in a position that newly qualifies for correctional 
 11.3   state employees retirement plan coverage may decline the 
 11.4   transfer to that coverage and may retain coverage by the general 
 11.5   state employees retirement plan or the teachers retirement plan, 
 11.6   whichever applies.  The election to retain general state 
 11.7   employees retirement plan or teachers retirement plan coverage 
 11.8   must be made in writing by the applicable person on a form 
 11.9   prescribed by the executive director and filed with the director 
 11.10  no later than 30 days after initial qualification for potential 
 11.11  correctional state employees retirement plan coverage. 
 11.12     (b) A person who does not submit an election form declining 
 11.13  the coverage transfer to the correctional state employees 
 11.14  retirement plan must have the person's retirement coverage 
 11.15  transferred. 
 11.16     (c) The election of retirement coverage under this 
 11.17  subdivision is irrevocable once it is filed with the executive 
 11.18  director. 
 11.19     Sec. 12.  Minnesota Statutes 2002, section 352.91, 
 11.20  subdivision 5, is amended to read: 
 11.21     Subd. 5.  [CORRECTION OF ERRORS.] (a) If it is 
 11.22  determined by the commissioner of corrections or the 
 11.23  commissioner of human services, whichever applies, that an 
 11.24  employee should have been covered by the correctional state 
 11.25  employees retirement plan but was placed in the general 
 11.26  employees retirement plan or Teachers Retirement Association in 
 11.27  error, the commissioner ~~of corrections or the commissioner of~~ 
 11.28  ~~human services~~ must report the error to the commissioner of 
 11.29  employee relations, to the executive director of the Minnesota 
 11.30  State Retirement System, and to the executive director of the 
 11.31  Legislative Commission on Pensions and Retirement.  If the 
 11.32  commissioner of employee relations and the executive director of 
 11.33  the Minnesota State Retirement System concur that an error has 
 11.34  occurred, the service must be properly credited under the 
 11.35  correctional employees retirement plan for a period of not to 
 11.36  exceed five years before the date on which the commissioner of 
 12.1   corrections or human services notifies the executive director of 
 12.2   the Minnesota State Retirement System in writing of the error or 
 12.3   five years from the date on which an employee requests, in 
 12.4   writing, the applicable department commissioner to determine if 
 12.5   the person has appropriate retirement plan coverage, whichever 
 12.6   is earlier.  If the error covers more than a five-year period, 
 12.7   the service before the five-year period must remain credited 
 12.8   under the plan which originally credited the service.  The 
 12.9   employee shall pay the difference between the employee 
 12.10  contributions actually paid during the five-year period and what 
 12.11  should have been paid under the correctional state employees 
 12.12  retirement plan, plus annual compound interest at the rate of 
 12.13  8.5 percent per annum from the date on which the contribution 
 12.14  should have been made until the date on which payment is made.  
 12.15  The department making the error shall pay to the correctional 
 12.16  employees retirement plan an amount equal to the difference in 
 12.17  the present value of accrued retirement benefits caused by the 
 12.18  change in coverage after subtracting the amount paid by the 
 12.19  employee.  Calculation of this amount must be made by the 
 12.20  executive director of the Minnesota State Retirement System 
 12.21  using the applicable preretirement interest rate specified in 
 12.22  section 356.215, subdivision 8, and the mortality table adopted 
 12.23  for the Minnesota State Retirement System.  The calculation must 
 12.24  assume continuous future service in the correctional employees 
 12.25  retirement plan until the employee would reach the age eligible 
 12.26  for normal retirement.  The calculation must also assume a 
 12.27  future salary history that includes annual salary increases at 
 12.28  the applicable salary increase rate or rates specified in 
 12.29  section 356.215, subdivision 8. 
 12.30     (b) If an employee ~~was~~ covered under the correctional state 
 12.31  employees retirement plan~~, but it~~ is determined ~~that the person~~ 
 12.32  ~~should~~ by the commissioner of corrections or human services, 
 12.33  whichever applies, to have been covered under the ~~general~~ 
 12.34  correctional state employees retirement plan in error, the error 
 12.35  must be corrected ~~if~~ on the first day of the first payroll 
 12.36  period next following the provision of written notification ~~is~~ 
 13.1   ~~provided~~ to the employee ~~and~~, the executive director of the 
 13.2   Minnesota State Retirement System ~~within three years of the date~~ 
 13.3   ~~on which the coverage was improperly started~~, and the 
 13.4   commissioner of employee relations.  The difference in employee 
 13.5   and employer contributions actually paid to the 
 13.6   correctional state employees retirement plan in excess of the 
 13.7   amount that should have been paid to the general state employees 
 13.8   retirement plan must be refunded to the employee and to the 
 13.9   employer paying the additional contributions, plus annual 
 13.10  compound interest at the rate of six percent per annum. 
 13.11     Sec. 13.  Minnesota Statutes 2002, section 352.91, is 
 13.12  amended by adding a subdivision to read: 
 13.13     Subd. 6.  [EMPLOYMENT OCCUPATION NAME CHANGES.] (a) If the 
 13.14  occupational title of a state employee covered by the Minnesota 
 13.15  correctional employees retirement plan changes from the 
 13.16  applicable title listed in subdivision 1a, 2, 2a, 3c, 3d, 3e, 
 13.17  3f, or 3g, qualification for coverage by the correctional state 
 13.18  employees retirement plan continues until the July 1 next 
 13.19  following the title change if the commissioner of employee 
 13.20  relations certifies to the executive director of the Minnesota 
 13.21  State Retirement System and to the executive director of the 
 13.22  Legislative Commission on Pensions and Retirement that the 
 13.23  duties, requirements, and responsibilities of the new 
 13.24  occupational title are substantially identical to the duties, 
 13.25  requirements, and responsibilities of the prior occupational 
 13.26  title. 
 13.27     (b) If the commissioner of employee relations does not 
 13.28  certify a new occupational title under paragraph (a), 
 13.29  eligibility for future correctional state employees retirement 
 13.30  coverage terminates as of the start of the first payroll period 
 13.31  next following the effective date of the occupational title 
 13.32  change. 
 13.33     (c) For consideration by the Legislative Commission on 
 13.34  Pensions and Retirement during the legislative session next 
 13.35  following an occupational title change involving a state 
 13.36  employee in covered correctional service, the commissioner of 
 14.1   employee relations shall submit the applicable draft proposed 
 14.2   legislation accommodating the occupational title change in this 
 14.3   section. 
 14.4      Sec. 14.  Minnesota Statutes 2002, section 352.91, is 
 14.5   amended by adding a subdivision to read: 
 14.6      Subd. 7.  [LATERAL TRANSFERS TO NEW CORRECTIONAL 
 14.7   FACILITIES.] If a new correctional facility is established, a 
 14.8   state employee rendering covered correctional service 
 14.9   immediately before the transfer remains eligible for coverage by 
 14.10  the correctional state employees retirement plan for future 
 14.11  state employment at the new facility if the person is employed 
 14.12  in the same occupational title at the new facility.  The 
 14.13  eligibility for future coverage continues until the July 1 next 
 14.14  following the effective date of the establishment of the new 
 14.15  facility. 
 14.16     Sec. 15.  Minnesota Statutes 2002, section 352.91, is 
 14.17  amended by adding a subdivision to read: 
 14.18     Subd. 8.  [SUNSET OF PLAN COVERAGE; REVIEW.] (a) 
 14.19  Subdivisions 3c, 3f, and 3g, expire on July 1, 2006, and are 
 14.20  repealed as of that date. 
 14.21     (b) Subdivision 3d, expires on July 1, 2008, and is 
 14.22  repealed as of that date. 
 14.23     (c) Subdivision 3e, expires on July 1, 2010, and is 
 14.24  repealed as of that date. 
 14.25     (d) During the legislative session immediately before an 
 14.26  expiration date under paragraph (a), (b), or (c), the 
 14.27  Legislative Commission on Pensions and Retirement shall review 
 14.28  the applicable membership provision or provisions and shall make 
 14.29  a recommendation to the legislature about an extension of the 
 14.30  eligibility expiration date. 
 14.31     Sec. 16.  [REPEALER.] 
 14.32     Minnesota Statutes 2002, section 352.91, subdivisions 3a 
 14.33  and 3b, are repealed July 1, 2004. 
 14.34     Sec. 17.  [EFFECTIVE DATE.] 
 14.35     (a) Sections 1 to 16 are effective on July 1, 2004. 
 14.36     (b) The coverage inclusion under section 8, paragraphs (c) 
 15.1   and (d), are effective retroactively to the first date of 
 15.2   employment of the person in the position at the Minnesota Sexual 
 15.3   Psychopathic Personality Treatment Center. 
 15.4      (c) The coverage inclusions under section 9, paragraph (b), 
 15.5   clauses (3) and (4), are effective retroactively to the first 
 15.6   date of employment of the person in the position at the 
 15.7   Minnesota Correctional Facility-Rush City.