1.1 	A bill for an act
1.2 	relating to retirement; correctional state employees
1.3 	retirement plan; clarifying the current and past
1.4 	coverage for a certain Minnesota correctional
1.5 	facility-St. Cloud employee; amending Minnesota
1.6 	Statutes 2004, section 352.91, subdivision 3d.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2004, section 352.91,
1.9 	subdivision 3d, is amended to read:
1.10 		Subd. 3d.Other correctional personnel.  (a) "Covered
1.11 	correctional service" means service by a state employee in one
1.12 	of the employment positions at a correctional facility or at the
1.13 	Minnesota Security Hospital specified in paragraph (b), provided
1.14 	that at least 75 percent of the employee's working time is spent
1.15 	in direct contact with inmates or patients and the fact of this
1.16 	direct contact is certified to the executive director by the
1.17 	appropriate commissioner, unless the person elects to retain the
1.18 	current retirement coverage under Laws 1996, chapter 408,
1.19 	article 8, section 21.
1.20 	(b) The employment positions are as follows:
1.21 	baker, central services administrative specialist-intermediate,
1.22 	chemical dependency counselor supervisor, chief cook, cook, cook
1.23 	coordinator, corrections behavior therapist, corrections
1.24 	behavior therapist specialist, corrections parent education
1.25 	coordinator, corrections security caseworker, corrections
1.26 	security caseworker career, corrections teaching assistant,
2.1 	dentist, electrician supervisor, general repair worker,
2.2 	library/information research services specialist,
2.3 	library/information research services specialist senior, plumber
2.4 	supervisor, psychologist 3, recreation therapist, recreation
2.5 	therapist coordinator, recreation program assistant, recreation
2.6 	therapist senior, ~~stores clerk senior,~~water treatment plant
2.7 	operator, work therapy technician, work therapy assistant, work
2.8 	therapy program coordinator.
2.9 	(c) "Covered correctional service" also means service as
2.10 	the director or as an assistant group supervisor of the
2.11 	Phoenix/Pomiga treatment/behavior change program of the
2.12 	Department of Corrections.
2.13 	(d) "Covered correctional service" also means service
2.14 	between April 25, 1990, through September 7, 1994, as a stores
2.15 	clerk at the Minnesota Correctional Facility-St. Cloud.

2.16 	Sec. 2. COVERAGE FOR PRIOR STATE SERVICE FOR CERTAIN
2.17 	PERSONS.
 2.18 		Subdivision 1.Election of prior state service
2.19 	coverage. (a) An employee who has retirement coverage for past
2.20 	correctional service transferred to the correctional state
2.21 	employees retirement plan under section 1, paragraph (d), is
2.22 	entitled to elect to obtain prior service credit for eligible
2.23 	state service performed as a stores clerk after April 24, 1990,
2.24 	and before September 8, 1994, with the Department of
2.25 	Corrections.  All eligible prior service credit must be
2.26 	purchased.
2.27 	(b) The commissioner of corrections shall certify the
2.28 	eligible state service as a stores clerk rendered by the
2.29 	employee to the executive director of the Minnesota State
2.30 	Retirement System.
2.31 	(c) The covered correctional plan employee who has past
2.32 	service covered under section 1, paragraph (d), is entitled to
2.33 	purchase the past service if the department certifies that the
2.34 	employee met the eligibility requirements for coverage.  The
2.35 	employee shall pay the difference between the employee
2.36 	contributions actually paid during the period and what should
3.1 	have been paid under the correctional state employees retirement
3.2 	plan, as determined under subdivision 2.  Payment for past
3.3 	service must be completed by June 30, 2006.
3.4 		Subd. 2.Payment for past service. (a) An employee
3.5 	electing to obtain prior service credit under subdivision 1,
3.6 	paragraph (c), must pay an additional employee contribution for
3.7 	that prior service.  The additional member contribution is the
3.8 	contribution differential percentage rate applied to the actual
3.9 	salary paid to the employee during the period of the prior
3.10 	eligible state service, plus interest on the total amount at the
3.11 	rate of 8.5 percent per annum, compounded annually from June 1,
3.12 	1992, to the date on which the past service payment is made.
3.13 	The contribution differential percentage is the difference
3.14 	between 4.9 percent of salary and the applicable employee
3.15 	contribution rate of the general state employees retirement plan
3.16 	during the April 24, 1990, and September 8, 1994, period.
3.17 	(b) The additional member contribution may be paid only in
3.18 	a lump sum.  Payment must accompany the election to obtain prior
3.19 	service credit.  No election to make the past service payment
3.20 	may be made by the person or accepted by the executive director
3.21 	after June 30, 2006.
3.22 		Subd. 3.Transfer of assets. Assets must be transferred
3.23 	from the general state employees retirement plan to the
3.24 	correctional state employees retirement plan in an amount equal
3.25 	to the present value of benefits accrued under the general
3.26 	employees retirement plan for the employee transferring to the
3.27 	correctional state employees retirement plan, as determined by
3.28 	the actuary retained under Minnesota Statutes, section 356.214,
3.29 	and calculated under the relevant provisions of Minnesota
3.30 	Statutes, section 356.215.  The transfer of assets must be made
3.31 	within 45 days after the employee elects to transfer coverage to
3.32 	the correctional state employees retirement plan.
3.33 		Subd. 4.Effect of the asset transfer. Upon transfer of
3.34 	assets in subdivision 3, the service credit associated with
3.35 	those assets in the general state employees plan of the
3.36 	Minnesota State Retirement System for the covered correctional
4.1 	plan employee is forfeited and may not be reinstated.  The
4.2 	service credit and transferred assets must be credited to the
4.3 	correctional state employees retirement plan.

4.4 	Sec. 3. EFFECTIVE DATE.
 4.5 	Sections 1 and 2 are effective the day following final
4.6 	enactment.