Minnesota Administrative Rules

CHAPTER 7900, PROCEDURES

MINNESOTA STATE RETIREMENT SYSTEM

ELECTION OF BOARD OF DIRECTORS

7900.0200 STATE EMPLOYEE MEMBER.

Subpart 1.

Biennial election.

The procedure for the biennial election of the four state employee members of the board of directors as provided in Minnesota Statutes, section 352.03, and laws amendatory thereof, shall be as in subparts 2 to 5.

Subp. 2.

Nominations.

Any employee covered by the system who desires to be a candidate for membership on the board of directors shall file a nominating petition signed by ten employees covered by the system with the executive director of the system not later than October 1 of each odd-numbered year. A candidate may not withdraw candidacy after October 15. If the employees whose names are filed are eligible for election or reelection as members of the board of directors as provided by Minnesota Statutes, section 352.03, and laws amendatory thereof, their names and the names of the department in which they are employed shall be printed upon the ballots sent to employees covered by the system as provided in subparts 2 and 4. The name of any employee covered by the system may be written in on the ballot provided for that purpose.

Subp. 3.

Election materials.

By February 5 of each even-numbered year the executive director shall conduct an election under procedures approved by the board of directors. A notice of election shall be sent to all active employees eligible to vote along with instructions and materials necessary to cast a vote. All voting notices, materials, and procedures must be approved by the board of directors before October 1 prior to the election.

Subp. 4.

Voting.

Employees participating in the election shall cast their votes by indicating their choice of candidates in accordance with the voting instructions prescribed for the balloting procedure determined by the board of directors.

The board of directors must approve a voting procedure to make sure an employee may only vote once. Votes must be cast by any time up to midnight on March 1 in each even-numbered year or, if March 1 falls on a Saturday or Sunday, cast any time up to midnight or received up to the close of office hours on the following Monday of each even-numbered year, provided instructions prescribed have been complied with.

Subp. 5.

Verification.

The name and election authorization number shall be checked against a computerized representation of active employees covered by the system, the cast vote shall be noted as "eligible," and if the name of the employee does not appear thereon, the cast vote shall be noted as "not eligible." At 8:00 a.m. on the third Thursday in March in even-numbered years, three tellers appointed by the board of directors shall meet and verify employees as eligible to vote and to ensure proper counting of votes.

Subp. 6.

Tabulation.

After the verification required in subpart 5 is completed, the votes shall be tabulated by the tellers. The two candidates receiving the highest number of votes shall be the elected members of the board of directors for terms of four years as provided by Minnesota Statutes, section 352.03, subdivision 1. In the case of a tie vote as to any candidates, the election shall be resolved by lot.

Statutory Authority:

MS s 352.03

History:

16 SR 1647; 18 SR 1223; 26 SR 977

Published Electronically:

January 29, 2002

7900.0300 STATE PATROL FUND MEMBER.

Members of the state patrol retirement fund shall elect one of their membership to serve as a member of the board of directors. The election of a board member shall be separate and distinct, but shall be conducted at the same time by the same tellers and shall follow the same procedure as prescribed in part 7900.0200. The term of the state patrol fund member elected begins on the first Monday in May after the member's election. Members shall serve for four years and until the successor is elected and has qualified.

Statutory Authority:

MS s 352.03

History:

16 SR 1647

Published Electronically:

January 29, 2002

7900.0400 RETIRED STATE EMPLOYEE MEMBER.

Subpart 1.

Exceptions from election procedure.

As provided in Minnesota Statutes, section 352.03, retired state employees shall elect one retired state employee to serve as a member of the board of directors. The election of a board member shall be separate and distinct but shall be conducted at the same time by the same tellers and shall follow the same procedure as prescribed in part 7900.0200, except as in subparts 2 to 5.

Subp. 2.

Eligibility.

Retired employees who are eligible for election to the board and eligible to vote for a candidate for the board shall be any persons receiving an annuity from the Minnesota State Retirement System as of January 1 of every other even-numbered year.

Subp. 3.

Notice of election.

Between July 1 and August 15 of every other odd-numbered year, the director shall mail a notice of election to all eligible retired employees giving them notice of election and instructions for becoming a candidate for membership on the board.

Subp. 4.

Candidates.

Any eligible retired employee who desires to be a candidate for membership on the board of directors must submit a nominating petition, signed by ten or more eligible retired employees, to the executive director of the system not later than October 1 in every other odd-numbered year. If the retired employees whose names are filed are eligible to election as members of the board of directors, their names shall be listed under the voting procedures established by the board.

No nominee may withdraw candidacy after October 15. A method for write-in ballots must be offered.

Subp. 5.

Voting.

By February 5 of every other even-numbered year, the executive director shall conduct an election in accordance with the procedures established by the board of directors. The voting instructions and necessary materials shall be mailed to the last address given to the system by the retired employee unless the retired employee notifies the system in writing by November 1 of a different address to be used for this purpose.

Statutory Authority:

MS s 352.03

History:

16 SR 1647; 18 SR 1223; 26 SR 977

Published Electronically:

January 29, 2002

7900.0410 CORRECTIONAL EMPLOYEE PLAN MEMBER.

Covered employees of the correctional employees plan shall elect one of their members to serve as a member of the board of directors. The election of the board member shall be separate and distinct, but shall be conducted at the same time by the same tellers and shall follow the same procedure prescribed in part 7900.0200. The term of the correctional employee shall begin on the first Monday in May after the employee's election. Members shall serve a term of four years and until the successor is elected and has qualified.

Statutory Authority:

MS s 352.03

History:

16 SR 1647

Published Electronically:

January 29, 2002

ADMINISTRATION OF RETIREMENT SYSTEM

7900.0500 APPLICATIONS.

Subpart 1.

Forms.

All applications to the executive director shall be made in writing upon such forms and in such manner as the director may require.

Subp. 2.

Annuity or refundment.

All applications for annuity and refundment shall be subscribed to before a notary public, or other person having statutory authority of a notary public, who shall affix an acknowledgment or jurat thereto.

Subp. 3.

Interference with delivery.

In the event the office of the system is closed by executive order, strike, or work stoppage on a normal workday so that there is no mail delivery to the office of the system, any application for an annuity or disability benefit mailed in an envelope having a postmark which indicates the application would have been received at the office of the system on the day on which the office was closed shall, for the purpose of determining when the annuity or disability benefit begins to accrue, be deemed to have been received on the first normal workday the office was closed or the date the application was notarized, whichever is later.

If there is no postmark or if the postal employees are on strike and the application is notarized on or after the date the office was closed or the beginning of the postal employees' strike, the date of notarization shall be used.

Statutory Authority:

MS s 352.03

History:

17 SR 1279

Published Electronically:

January 29, 2002

7900.0600 BIRTHDATE VERIFICATION.

Verification of date of birth should be filed with the executive director by all employees one year prior to the date they became eligible by reason of age and service to receive a retirement annuity and by employees applying for a total and permanent disability benefit or for a refundment with interest as provided by Minnesota Statutes, section 352.22, subdivision 2 and laws amendatory thereof. In no event shall any annuity or benefit be paid until acceptable verification of date of birth is on file in the office of the system.

Statutory Authority:

MS s 352.03

Published Electronically:

January 29, 2002

7900.0700 LACK OF PROPER RECORDS.

In cases where employees covered by the system believe they are entitled to credit for periods of service of which departments have no records, the burden of proof is upon the employee. In the absence of such proof, the employee is not entitled to credit therefor.

Statutory Authority:

MS s 352.03

Published Electronically:

January 29, 2002

7900.0800 OMITTED SALARY DEDUCTIONS.

If a department fails to take deductions from the salaries of employees as provided by Minnesota Statutes, section 352.04, or fails to provide the proper information so that deductions may be initiated, the six percent payment in lieu of interest required by Minnesota Statutes, section 352.04, subdivision 8, and laws amendatory thereof, shall not be charged if the period such deductions were not taken was four or fewer pay periods.

Statutory Authority:

MS s 352.03

Published Electronically:

January 29, 2002

7900.0900 COVERAGE DURING INTERCHANGE OR RECLASSIFICATION.

An employee covered by the system who for the convenience of the employer is temporarily employed in a classification other than that in which regularly employed, and who is on authorized leave of absence from regular employment, shall have deductions taken from salary for the retirement fund while thus temporarily employed.

Any employee of a "sending agency" under the provisions of Minnesota Statutes, sections 15.51 through 15.59 and acts amendatory thereof shall, if the employee is covered by the system at the time the employee is detailed to a "receiving agency" as therein defined, continue to be covered by the system and deductions shall be made from salary and deposited in the retirement fund the same as though the employee continued work in the "sending agency." Employee contributions, employer contributions, and employer additional contributions shall be made in all respects as provided in Minnesota Statutes, section 352.041, subdivisions 2 and 3.

Statutory Authority:

MS s 352.03

History:

17 SR 1279

Published Electronically:

January 29, 2002

7900.1000 SOCIAL SECURITY BENEFIT INCREASE.

No increase in the social security benefit (PIA) authorized by social security due to an automatic or summary recalculation shall reduce the amount of benefits payable from any retirement fund or plan administered by the system.

Statutory Authority:

MS s 352.03

Published Electronically:

January 29, 2002

7900.1100 MILITARY SERVICE.

Subpart 1.

Proof.

Upon reinstatement from leave of absence as provided in Minnesota Statutes, sections 192.261 and 192.262, and laws amendatory thereof, an employee who has been on leave of absence to serve in the military forces of the United States or of the state of Minnesota who desires to obtain credit for the period of active military service is required to supply to the executive director a certified copy of the record of discharge or other form of release by proper authority from military service. A photocopy of either document will be accepted provided the original is submitted for comparison with the photocopy; the original will then be returned to the employee and the photocopy placed on file in the office of the retirement system.

Subp. 2.

Refundment: death in service.

Any duly designated beneficiary of an employee covered by the system making application for refundment of the sum in the retirement fund to the credit of such employee who dies while in military service of the United States or of the state of Minnesota is required to submit official notice of death as issued by the government of the United States or of the state of Minnesota as the case may be. A photocopy of such official notice will be accepted as proof of death for the files of the system, provided the original notice is submitted for comparison with the photocopy and its authenticity duly verified.

Statutory Authority:

MS s 352.03

History:

17 SR 1279

Published Electronically:

January 29, 2002

7900.1200 REPAYMENT OF REFUNDMENT.

In determining the amount of the payment required to repay a refundment, the director shall make any adjustment required by reason of deductions taken in error, not taken, or taken at an incorrect rate. Repayment of refundments may be made in a lump sum when expressly provided by the laws governing the repayment or in installments by payroll deduction.

An employee covered by the system who elects to repay a refundment and who intends to retire, becomes disabled, or whose state service will terminate before completion of the repayment, shall have the privilege of completing such payment in a lump sum before retirement or termination of state service. If the refundment is not fully repaid, the total amount which was paid to the fund shall be returned to the employee, and the employee's status shall then be the same as if no payments thereon had been made. In the event of the death of an employee who is repaying a refundment, if the spouse is not entitled to an annuity, the total amount shall be refunded to the designated beneficiary or beneficiary as provided by law. If the surviving spouse is entitled to an annuity, the director shall determine, based on the most current service and extending retroactively, the period of allowable service paid for by the partial payment made and shall credit the deceased employee with such service.

Statutory Authority:

MS s 352.03

History:

17 SR 1279

Published Electronically:

January 29, 2002

7900.1300 CHANGING BENEFICIARY.

Employees covered by this system who desire to make a change in the beneficiary they have designated shall make such change in writing and in the form and manner prescribed by the executive director.

Statutory Authority:

MS s 352.03

Published Electronically:

January 29, 2002

7900.1400 POWERS OF ATTORNEY.

Powers of attorney which involve an assignment of moneys, annuities, or benefits shall not be acceptable except as may be expressly authorized by the laws governing the plans and funds administered by the Minnesota State Retirement System.

Statutory Authority:

MS s 352.03

Published Electronically:

January 29, 2002

7900.1500

[Repealed, 17 SR 3414]

Published Electronically:

January 29, 2002

7900.1600

[Repealed, 26 SR 209]

Published Electronically:

January 29, 2002