1.1                          A bill for an act 
  1.2             relating to retirement; providing public employee 
  1.3             pension coverage for certain foreign citizens; 
  1.4             amending Minnesota Statutes 2000, section 353.01, 
  1.5             subdivision 2b. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 353.01, 
  1.8   subdivision 2b, is amended to read: 
  1.9      Subd. 2b.  [EXCLUDED EMPLOYEES.] The following public 
  1.10  employees shall not participate as members of the association 
  1.11  with retirement coverage by the public employees retirement plan 
  1.12  or the public employees police and fire retirement plan: 
  1.13     (1) elected public officers, or persons appointed to fill a 
  1.14  vacancy in an elective office, who do not elect to participate 
  1.15  in the association by filing an application for membership; 
  1.16     (2) election officers; 
  1.17     (3) patient and inmate personnel who perform services in 
  1.18  charitable, penal, or correctional institutions of a 
  1.19  governmental subdivision; 
  1.20     (4) employees who are hired for a temporary position under 
  1.21  subdivision 12a, and employees who resign from a nontemporary 
  1.22  position and accept a temporary position within 30 days in the 
  1.23  same governmental subdivision, but not those employees who are 
  1.24  hired for an unlimited period but are serving a probationary 
  1.25  period.  If the period of employment extends beyond six 
  2.1   consecutive months and the employee earns more than $425 from 
  2.2   one governmental subdivision in any one calendar month, the 
  2.3   department head shall report the employee for membership and 
  2.4   require employee deductions be made on behalf of the employee 
  2.5   under section 353.27, subdivision 4. 
  2.6      Membership eligibility of an employee who resigns or is 
  2.7   dismissed from a temporary position and within 30 days accepts 
  2.8   another temporary position in the same governmental subdivision 
  2.9   is determined on the total length of employment rather than on 
  2.10  each separate position.  Membership eligibility of an employee 
  2.11  who holds concurrent temporary and nontemporary positions in one 
  2.12  governmental subdivision is determined by the length of 
  2.13  employment and salary of each separate position; 
  2.14     (5) employees whose actual salary from one governmental 
  2.15  subdivision does not exceed $425 per month, or whose annual 
  2.16  salary from one governmental subdivision does not exceed a 
  2.17  stipulation prepared in advance, in writing, that the salary 
  2.18  must not exceed $5,100 per calendar year or per school year for 
  2.19  school employees for employment expected to be of a full year's 
  2.20  duration or more than the prorated portion of $5,100 per 
  2.21  employment period for employment expected to be of less than a 
  2.22  full year's duration; 
  2.23     (6) employees who are employed by reason of work emergency 
  2.24  caused by fire, flood, storm, or similar disaster; 
  2.25     (7) employees who by virtue of their employment in one 
  2.26  governmental subdivision are required by law to be a member of 
  2.27  and to contribute to any of the plans or funds administered by 
  2.28  the Minnesota state retirement system, the teachers retirement 
  2.29  association, the Duluth teachers retirement fund association, 
  2.30  the Minneapolis teachers retirement association, the St. Paul 
  2.31  teachers retirement fund association, the Minneapolis employees 
  2.32  retirement fund, or any police or firefighters relief 
  2.33  association governed by section 69.77 that has not consolidated 
  2.34  with the public employees retirement association, or any local 
  2.35  police or firefighters consolidation account but who have not 
  2.36  elected the type of benefit coverage provided by the public 
  3.1   employees police and fire fund under sections 353A.01 to 
  3.2   353A.10, or any persons covered by section 353.665, subdivision 
  3.3   4, 5, or 6, who have not elected public employees police and 
  3.4   fire plan benefit coverage.  This clause must not be construed 
  3.5   to prevent a person from being a member of and contributing to 
  3.6   the public employees retirement association and also belonging 
  3.7   to and contributing to another public pension fund for other 
  3.8   service occurring during the same period of time.  A person who 
  3.9   meets the definition of "public employee" in subdivision 2 by 
  3.10  virtue of other service occurring during the same period of time 
  3.11  becomes a member of the association unless contributions are 
  3.12  made to another public retirement fund on the salary based on 
  3.13  the other service or to the teachers retirement association by a 
  3.14  teacher as defined in section 354.05, subdivision 2; 
  3.15     (8) persons who are excluded from coverage under the 
  3.16  federal Old Age, Survivors, Disability, and Health Insurance 
  3.17  Program for the performance of service as specified in United 
  3.18  States Code, title 42, section 410(a)(8)(A), as amended through 
  3.19  January 1, 1987, if no irrevocable election of coverage has been 
  3.20  made under section 3121(r) of the Internal Revenue Code of 1954, 
  3.21  as amended; 
  3.22     (9) full-time students who are enrolled and are regularly 
  3.23  attending classes at an accredited school, college, or 
  3.24  university and who are part-time employees as defined by a 
  3.25  governmental subdivision; 
  3.26     (10) resident physicians, medical interns, and pharmacist 
  3.27  residents and pharmacist interns who are serving in a degree or 
  3.28  residency program in public hospitals; 
  3.29     (11) students who are serving in an internship or residency 
  3.30  program sponsored by an accredited educational institution; 
  3.31     (12) persons who hold a part-time adult supplementary 
  3.32  technical college license who render part-time teaching service 
  3.33  in a technical college; 
  3.34     (13) ~~foreign citizens working for a governmental~~ 
  3.35  ~~subdivision with a work permit of less than three years, or an~~ 
  3.36  ~~H-1b visa valid for less than three years of employment.  Upon~~ 
  4.1   ~~notice to the association that the work permit or visa extends~~ 
  4.2   ~~beyond the three-year period, the foreign citizens are eligible~~ 
  4.3   ~~for membership from the date of the extension;~~ 
  4.4      ~~(14)~~ public hospital employees who elected not to 
  4.5   participate as members of the association before 1972 and who 
  4.6   did not elect to participate from July 1, 1988, to October 1, 
  4.7   1988; 
  4.8      ~~(15)~~ (14) except as provided in section 353.86, volunteer 
  4.9   ambulance service personnel, as defined in subdivision 35, but 
  4.10  persons who serve as volunteer ambulance service personnel may 
  4.11  still qualify as public employees under subdivision 2 and may be 
  4.12  members of the public employees retirement association and 
  4.13  participants in the public employees retirement fund or the 
  4.14  public employees police and fire fund on the basis of 
  4.15  compensation received from public employment service other than 
  4.16  service as volunteer ambulance service personnel; 
  4.17     ~~(16)~~ (15) except as provided in section 353.87, volunteer 
  4.18  firefighters, as defined in subdivision 36, engaging in 
  4.19  activities undertaken as part of volunteer firefighter duties; 
  4.20  provided that a person who is a volunteer firefighter may still 
  4.21  qualify as a public employee under subdivision 2 and may be a 
  4.22  member of the public employees retirement association and a 
  4.23  participant in the public employees retirement fund or the 
  4.24  public employees police and fire fund on the basis of 
  4.25  compensation received from public employment activities other 
  4.26  than those as a volunteer firefighter; 
  4.27     ~~(17)~~ (16) pipefitters and associated trades personnel 
  4.28  employed by independent school district No. 625, St. Paul, with 
  4.29  coverage by the pipefitters local 455 pension plan under a 
  4.30  collective bargaining agreement who were either first employed 
  4.31  after May 1, 1997, or, if first employed before May 2, 1997, 
  4.32  elected to be excluded under Laws 1997, chapter 241, article 2, 
  4.33  section 12; and 
  4.34     ~~(18)~~ (17) electrical workers, plumbers, carpenters, and 
  4.35  associated trades personnel employed by independent school 
  4.36  district No. 625, St. Paul, or the city of St. Paul, with 
  5.1   coverage by the electrical workers local 110 pension plan, the 
  5.2   united association plumbers local 34 pension plan, or the 
  5.3   carpenters local 87 pension plan under a collective bargaining 
  5.4   agreement who were either first employed after May 1, 2000, or, 
  5.5   if first employed before May 2, 2000, elected to be excluded 
  5.6   under Laws 2000, chapter 461, article 7, section 5.