1.1                          A bill for an act 
  1.2             relating to retirement; modifying criteria for 
  1.3             membership in the local government employees 
  1.4             correctional plan; amending Minnesota Statutes 1999 
  1.5             Supplement, section 353E.02. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.8   353E.02, is amended to read: 
  1.9      353E.02 [CORRECTIONAL SERVICE EMPLOYEES.] 
  1.10     Subdivision 1.  [GENERAL RULE.] A local government 
  1.11  correctional service employee is a person who the employer 
  1.12  certifies in writing to the executive director of the 
  1.13  association: 
  1.14     (1) is employed in a county-administered jail or 
  1.15  correctional facility or in a regional correctional facility 
  1.16  administered by multiple counties; 
  1.17     (2) ~~spends at least 95 percent of the employee's working~~ 
  1.18  ~~time in direct contact with persons confined in the jail or~~ 
  1.19  ~~facility, as certified in writing, in advance, by the employer~~ 
  1.20  ~~to the executive director of the association; and~~ is an 
  1.21  "essential employee" as defined in section 179A.03, subdivision 
  1.22  7; 
  1.23     (3) is responsible for the direct security, custody, and 
  1.24  control of the facility and inmates; 
  1.25     (4) is expected, and formally trained, to respond to 
  2.1   incidents within the facility; and 
  2.2      (5) is a "public employee" as defined in section 353.01, 
  2.3   but is not a member of the public employees police and fire fund.
  2.4      Subd. 2.  [EMPLOYMENT CHANGES.] A person who is a member of 
  2.5   the local government correctional service retirement plan 
  2.6   continues membership in the plan so long as employed by the same 
  2.7   governmental subdivision in a position in the same department, 
  2.8   even if the position does not meet the requirements of 
  2.9   subdivision 1. 
  2.10     Sec. 2.  [EFFECTIVE DATE.] 
  2.11     Section 1 is effective the day following final enactment.