1.1                          A bill for an act 
  1.2             relating to retirement; teachers retirement 
  1.3             association; providing for a phase-out of the St. Paul 
  1.4             teachers retirement fund association by including them 
  1.5             in statewide retirement plan coverage; amending 
  1.6             Minnesota Statutes 1996, sections 354.05, subdivision 
  1.7             2; 354A.011, subdivision 27; and 354A.05. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 354.05, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  [TEACHER.] (a) "Teacher" means: 
  1.12     (1) a person who renders service as a teacher, supervisor, 
  1.13  principal, superintendent, librarian, nurse, counselor, social 
  1.14  worker, therapist, or psychologist in the public schools of the 
  1.15  state ~~located outside of the corporate limits of the cities of~~ 
  1.16  ~~the first class as those cities were so classified on January 1,~~ 
  1.17  ~~1979~~ except as provided in paragraph (b), clause (6), or in the 
  1.18  state colleges and universities system, or in any charitable, 
  1.19  penal, or correctional institutions of a governmental 
  1.20  subdivision, or who is engaged in educational administration in 
  1.21  connection with the state public school system, including the 
  1.22  state colleges and university system, but excluding the 
  1.23  University of Minnesota, whether the position be a public office 
  1.24  or an employment, not including members or officers of any 
  1.25  general governing or managing board or body; 
  1.26     (2) an employee of the teachers retirement association 
  2.1   unless the employee is covered by the Minnesota state retirement 
  2.2   system by virtue of prior employment by the association; 
  2.3      (3) a person who renders teaching service on a part-time 
  2.4   basis and who also renders other services for a single employing 
  2.5   unit.  In such cases, the executive director shall determine 
  2.6   whether all or none of the combined service is covered by the 
  2.7   association, however a person whose teaching service comprises 
  2.8   at least 50 percent of the combined employment salary is a 
  2.9   member of the association for all services with the single 
  2.10  employing unit. 
  2.11     (b) The term does not mean: 
  2.12     (1) an employee described in section 352D.02, subdivision 
  2.13  1a, who is hired after the effective date of Laws 1986, chapter 
  2.14  458; 
  2.15     (2) a person who works for a school or institution as an 
  2.16  independent contractor as defined by the Internal Revenue 
  2.17  Service; 
  2.18     (3) a person employed in subsidized on-the-job training, 
  2.19  work experience or public service employment as an enrollee 
  2.20  under the federal Comprehensive Employment and Training Act from 
  2.21  and after March 30, 1978, unless the person has, as of the later 
  2.22  of March 30, 1978, or the date of employment, sufficient service 
  2.23  credit in the retirement association to meet the minimum vesting 
  2.24  requirements for a deferred retirement annuity, or the employer 
  2.25  agrees in writing on forms prescribed by the executive director 
  2.26  to make the required employer contributions, including any 
  2.27  employer additional contributions, on account of that person 
  2.28  from revenue sources other than funds provided under the federal 
  2.29  Comprehensive Training and Employment Act, or the person agrees 
  2.30  in writing on forms prescribed by the executive director to make 
  2.31  the required employer contribution in addition to the required 
  2.32  employee contribution; 
  2.33     (4) a person holding a part-time adult supplementary 
  2.34  technical college license who renders part-time teaching service 
  2.35  in a technical college if (i) the service is incidental to the 
  2.36  regular nonteaching occupation of the person; and (ii) the 
  3.1   applicable technical college stipulates annually in advance that 
  3.2   the part-time teaching service will not exceed 300 hours in a 
  3.3   fiscal year and retains the stipulation in its records; and 
  3.4   (iii) the part-time teaching service actually does not exceed 
  3.5   300 hours in a fiscal year; ~~or~~ 
  3.6      (5) a person exempt from licensure pursuant to section 
  3.7   125.031~~.~~; or 
  3.8      (6) a person who renders service as a teacher, supervisor, 
  3.9   principal, superintendent, librarian, nurse, counselor, social 
  3.10  worker, therapist, or psychologist in the public schools of the 
  3.11  state located within the corporate limits of the cities of 
  3.12  Duluth and Minneapolis, or within the corporate limits of the 
  3.13  city of St. Paul if first employed before January 1, 1998. 
  3.14     Sec. 2.  Minnesota Statutes 1996, section 354A.011, 
  3.15  subdivision 27, is amended to read: 
  3.16     Subd. 27.  [TEACHER.] "Teacher" means any person who 
  3.17  renders service in a public school district located in the 
  3.18  corporate limits of ~~one of~~ the cities of ~~the first class which~~ 
  3.19  ~~was so classified on January 1, 1979~~ Duluth or Minneapolis, or 
  3.20  any person who first began rendering service in a public school 
  3.21  district in the corporate limits of the city of St. Paul before 
  3.22  January 1, 1998, as any of the following: 
  3.23     (a) a full-time employee in a position for which a valid 
  3.24  license from the state department of children, families, and 
  3.25  learning is required; 
  3.26     (b) an employee of the teachers retirement fund association 
  3.27  located in the city of the first class unless the employee has 
  3.28  exercised the option pursuant to Laws 1955, chapter 10, section 
  3.29  1, to retain membership in the Minneapolis employees retirement 
  3.30  fund established pursuant to chapter 422A; 
  3.31     (c) a part-time employee in a position for which a valid 
  3.32  license from the state department of children, families, and 
  3.33  learning is required; or 
  3.34     (d) a part-time employee in a position for which a valid 
  3.35  license from the state department of children, families, and 
  3.36  learning is required who also renders other nonteaching services 
  4.1   for the school district unless the board of trustees of the 
  4.2   teachers retirement fund association determines that the 
  4.3   combined employment is on the whole so substantially dissimilar 
  4.4   to teaching service that the service shall not be covered by the 
  4.5   association. 
  4.6      The term shall not mean any person who renders service in 
  4.7   the school district as any of the following: 
  4.8      (1) an independent contractor or the employee of an 
  4.9   independent contractor; 
  4.10     (2) an employee who is a full-time teacher covered by 
  4.11  another teachers retirement fund association established 
  4.12  pursuant to this chapter or chapter 354; 
  4.13     (3) an employee exempt from licensure pursuant to section 
  4.14  125.031; 
  4.15     (4) an employee who is a teacher in a technical college 
  4.16  located in ~~a city of the first class~~ Duluth or Minneapolis 
  4.17  unless the person elects coverage by the applicable first class 
  4.18  city teacher retirement fund association under section 354B.21, 
  4.19  subdivision 2; ~~or~~ 
  4.20     (5) an employee who is a part-time teacher in a technical 
  4.21  college in ~~a city of the first class~~ Duluth or Minneapolis and 
  4.22  who has elected coverage by the applicable first class city 
  4.23  teacher retirement fund association under section 354B.21, 
  4.24  subdivision 2, but (i) the teaching service is incidental to the 
  4.25  regular nonteaching occupation of the person; (ii) the 
  4.26  applicable technical college stipulates annually in advance that 
  4.27  the part-time teaching service will not exceed 300 hours in a 
  4.28  fiscal year; and (iii) the part-time teaching actually does not 
  4.29  exceed 300 hours in the fiscal year to which the certification 
  4.30  applies; or 
  4.31     (6) an employee who was initially employed as a teacher by 
  4.32  independent school district No. 625 after December 31, 1997. 
  4.33     Sec. 3.  Minnesota Statutes 1996, section 354A.05, is 
  4.34  amended to read: 
  4.35     354A.05 [MEMBERSHIP IN A TEACHERS RETIREMENT ASSOCIATION IN 
  4.36  A CITY OF THE FIRST CLASS.] 
  5.1      (a) Teachers contributing to the respective teachers 
  5.2   retirement fund association, as provided in this chapter and the 
  5.3   articles of incorporation and the bylaws of the association, are 
  5.4   entitled to the benefit of coverage by or entitlement to 
  5.5   annuities or benefits from the association.  
  5.6      (b) All teachers ~~in a city of the first class in which~~ 
  5.7   ~~there exists a teachers retirement fund association~~ employed by 
  5.8   independent school district No. 709 or special school district 
  5.9   No. 1 are members of ~~that~~ the respective teachers retirement 
  5.10  fund association and participate in the benefits provided by the 
  5.11  special retirement fund. 
  5.12     (c) Teachers initially employed by independent school 
  5.13  district No. 625 before January 1, 1998, are members of the St. 
  5.14  Paul teachers retirement plan and participate in the benefits 
  5.15  provided by the special retirement fund.  Teachers initially 
  5.16  employed by independent school district No. 625 after December 
  5.17  31, 1997, are members of the teachers retirement association 
  5.18  established under chapter 354. 
  5.19     Sec. 4.  [EFFECTIVE DATE.] 
  5.20     Sections 1 to 3 are effective December 31, 1997.