1999 Minnesota Statutes

     353.64 Membership; qualifications; police officer, 
  firefighter. 

    Subdivision 1.    Police and fire fund membership.  (a) 
 A person who prior to July 1, 1961, was a member of the police 
 and fire fund, by virtue of being a police officer or 
 firefighter, shall, as long as the person remains in either 
 position, continue membership in the fund.  

    (b) A person who was employed by a governmental subdivision 
 as a police officer and was a member of the police and fire fund 
 on July 1, 1978, by virtue of being a police officer as defined 
 by this section on that date, and if employed by the same 
 governmental subdivision in a position in the same department in 
 which the person was employed on that date, continues to be a 
 member of the fund, whether or not that person has the power of 
 arrest by warrant and is licensed by the peace officers 
 standards and training board after that date.  A person who was 
 employed as a correctional officer by Rice county before July 1, 
 1998, for the duration of employment in the correctional 
 position held on July 1, 1998, continues to be a member of the 
 public employees police and fire plan, whether or not the person 
 has the power of arrest by warrant and is licensed by the peace 
 officers standards and training board after that date. 

    (c) A person who was employed by a governmental subdivision 
 as a police officer or a firefighter, whichever applies, was an 
 active member of the local police or salaried firefighters 
 relief association located in that governmental subdivision by 
 virtue of that employment as of the effective date of the 
 consolidation as authorized by sections 353A.01 to 353A.10, and 
 has elected coverage by the public employees police and fire 
 fund benefit plan, shall become a member of the police and fire 
 fund after that date if employed by the same governmental 
 subdivision in a position in the same department in which the 
 person was employed on that date. 

    (d) Any other employee serving on a full-time basis as a 
 police officer as defined in subdivision 2 or as a firefighter 
 as defined in subdivision 3 on or after July 1, 1961, shall 
 become a member of the public employees police and fire fund.  

    (e) An employee serving on less than a full-time basis as a 
 police officer shall become a member of the public employees 
 police and fire fund only after a resolution stating that the 
 employee should be covered by the police and fire fund is 
 adopted by the governing body of the governmental subdivision 
 employing the person declaring that the position which the 
 person holds is that of a police officer. 

    (f) An employee serving on less than a full-time basis as a 
 firefighter shall become a member of the public employees police 
 and fire fund only after a resolution stating that the employee 
 should be covered by the police and fire fund is adopted by the 
 governing body of the governmental subdivision employing the 
 person declaring that the position which the person holds is 
 that of a firefighter. 

    (g) A police officer or firefighter employed by a 
 governmental subdivision who by virtue of that employment is 
 required by law to be a member of and to contribute to any 
 police or firefighter relief association governed by section 
 69.77 which has not consolidated with the public employees 
 police and fire fund, any police officer or firefighter of a 
 relief association that has consolidated with the association 
 for which the employee has not elected coverage by the public 
 employees police and fire fund benefit plan as provided in 
 sections 353A.01 to 353A.10, or any police officer or 
 firefighter to whom section 353.665 applies who has not elected 
 coverage by the public employees police and fire fund benefit 
 plan as provided in section 353.665, subdivision 4, shall not 
 become a member of the public employees police and fire fund. 

    Subd. 2.  Before a governing body may declare a position to 
 be that of a police officer, the duties of the person so 
 employed must, as a minimum, include employment as an officer of 
 a designated police department or sheriff's office or person in 
 charge of a designated police department or sheriff's office 
 whose primary job it is to enforce the law, who is licensed by 
 the Minnesota board of peace officer standards and training 
 under sections 626.84 to 626.863, who is engaged in the hazards 
 of protecting the safety and property of others, and who has the 
 power to arrest by warrant.  A police officer who is 
 periodically assigned to employment duties not within the scope 
 of this subdivision may contribute to the public employees 
 police and fire fund for all service, if a resolution declaring 
 that the primary position held by the person is that of a police 
 officer, is adopted by the governing body of the department, and 
 is promptly submitted to the executive director. 

    Subd. 3.  Before a governing body may declare a position to 
 be that of a firefighter, the duties of the person so employed 
 must, as a minimum, include services as an employee of a 
 designated fire company or person in charge of a designated fire 
 company or companies who is engaged in the hazards of fire 
 fighting.  A firefighter who is periodically assigned to 
 employment duties outside the scope of firefighting may 
 contribute to the public employees police and fire fund for all 
 service, if a resolution declaring that the primary position 
 held by the person is that of a firefighter, is adopted by the 
 governing body of the company or companies, and is promptly 
 submitted to the executive director. 

    Subd. 4.  A copy of the resolution of the governing body 
 declaring a position to be that of police officer or firefighter 
 shall be filed with the board of trustees and shall be 
 irrevocable. 

    Subd. 5.  Repealed, 1977 c 429 s 65 

    Subd. 5a.  A member of the police and fire fund continues 
 to be a member of that fund if transferred to a different 
 position with associated police or fire department functions in 
 the same department or a related department in the same 
 governmental subdivision provided the governing body sends a 
 copy of a resolution to that effect to the association.  A 
 police and fire fund member who is elected or assumes an 
 appointive position, including but not limited to, the positions 
 of city council member, city manager, and finance director is 
 not eligible to retain membership in the public employees police 
 and fire fund. 

    Subd. 6. Repealed, 1987 c 284 art 5 s 18 

    Subd. 7.    Pension coverage for certain public safety 
 employees of the metropolitan airports commission.  Any person 
 first employed as either a full-time firefighter or a full-time 
 police officer by the metropolitan airports commission after 
 June 30, 1978, who is not eligible for coverage under the 
 agreement signed between the state and the secretary of the 
 federal department of health and human services making the 
 provisions of the federal Old Age, Survivors, and Disability 
 Insurance Act applicable to municipal employees because that 
 position is excluded from application pursuant to Title 42, 
 United States Code, Sections 418 (d) (5) (A) and 418 (d) (8) (D) 
 and section 355.07, shall not be a member of the Minneapolis 
 employees retirement fund but shall be a member of the public 
 employees police and fire fund and shall be deemed to be a 
 firefighter or a police officer within the meaning of this 
 section.  The metropolitan airports commission shall make the 
 employer contribution required pursuant to section 353.65, 
 subdivision 3, with respect to each of its firefighters or 
 police officers covered by the public employees police and fire 
 fund and shall meet the employers recording and reporting 
 requirements set forth in section 353.65, subdivision 4.  

    Subd. 7a.    Pension coverage for certain metropolitan 
 transit police officers.  A person who is employed as a 
 full-time police officer on or after the first day of the first 
 payroll period after July 1, 1993, by the metropolitan council 
 and who is not eligible for coverage under the agreement with 
 the Secretary of the federal Department of Health and Human 
 Services making the provisions of the federal Old Age, 
 Survivors, and Disability Insurance Act because the person's 
 position is excluded from application under United States Code, 
 sections 418(d)(5)(A) and 418(d)(8)(D), and under section 
 355.07, is a member of the public employees police and fire fund 
 and is considered to be a police officer within the meaning of 
 this section.  The metropolitan council shall deduct the 
 employee contribution from the salary of each full-time police 
 officer as required by section 353.65, subdivision 2, shall make 
 the employer contribution for each full-time police officer as 
 required by section 353.65, subdivision 3, and shall meet the 
 employer recording and reporting requirements in section 353.65, 
 subdivision 4. 

    Subd. 8.    Pension coverage for certain state military 
 affairs department firefighters.  A person who is employed as 
 a full-time firefighter on or after the first day of the first 
 payroll period after June 10, 1987, by the department of 
 military affairs of the state of Minnesota and who is not 
 eligible for coverage under the agreement signed between the 
 state and the secretary of the federal Department of Health and 
 Human Services making the provisions of the federal Old Age, 
 Survivors, and Disability Insurance Act applicable to state 
 employees because the person's position is excluded from 
 application under United States Code, title 42, sections 
 418(d)(5)(A) and 418(d)(8)(D) and section 355.07, is a member of 
 the public employees police and fire fund and is considered to 
 be a firefighter within the meaning of this section.  The state 
 department of military affairs shall make the employee 
 contribution deduction from the salary of each full-time 
 military affairs department firefighter as required by section 
 353.65, subdivision 2, shall make the employer contribution with 
 respect to each firefighter as required by section 353.65, 
 subdivision 3, and shall meet the employer recording and 
 reporting requirements in section 353.65, subdivision 4. 

    Subd. 9.    Pension coverage for certain sheriffs' 
 association employees.  A former member of the association who 
 is an employee of the Minnesota sheriffs' association may elect 
 to be a police and fire fund member with respect to service with 
 the sheriffs' association, if written election to be covered is 
 delivered to the board within 60 days after July 1, 1989, or 
 within 60 days after commencement of employment, whichever is 
 later.  

    Employee and employer contributions for past service are 
 the obligation of the employee, except that the Minnesota 
 sheriffs' association may pay the employer contributions.  The 
 employer shall, in any event, deduct necessary future 
 contributions from the employee's salary and remit all 
 contributions to the association as required by this chapter.  

    Persons who become association members under this section 
 shall not be eligible for election to the board of trustees.  

    Subd. 10.    Pension coverage for Hennepin county 
 paramedics and emergency medical technicians.  An employee of 
 Hennepin county who is: 

    (1) certified as a paramedic or emergency medical 
 technician by the state under section 144E.28, subdivision 4; 

    (2) employed full time as a paramedic or emergency medical 
 technician by Hennepin county on or after the effective date 
 specified in Laws 1994, chapter 499, section 2; and 

    (3) not eligible after the effective date under Laws 1994, 
 chapter 499, section 2, for coverage under the agreement signed 
 between the state and the secretary of the federal Department of 
 Health and Human Services making the provisions of the federal 
 Old Age, Survivors, and Disability Insurance Act applicable to 
 paramedics and emergency medical technicians because the 
 person's position is excluded after that date from application 
 under United States Code, title 42, sections 418(d)(5)(A) and 
 418(d)(8)(D), and section 355.07; 

 is a member of the public employees police and fire fund under 
 sections 353.63 to 353.68.  

    Hennepin county shall deduct the employee contribution from 
 the salary of each full-time Hennepin county paramedic and 
 emergency medical technician as required by section 353.65, 
 subdivision 2, shall make the employer contribution for each 
 full-time Hennepin county paramedic and emergency medical 
 technician as required by section 353.65, subdivision 3, and 
 shall meet the employer recording and reporting requirements in 
 section 353.65, subdivision 4. 

    HIST: 1959 c 650 s 32; 1961 c 743 s 1; 1963 c 641 s 34; 1978 c 
 720 s 7; 1979 c 216 s 17; 1979 c 262 s 2; 1981 c 180 s 14,15; 
 1981 c 224 s 95; 1981 c 298 s 11; 1982 c 404 s 8; 1987 c 284 art 
 5 s 12,13; 1987 c 296 s 5; 1987 c 372 art 1 s 6; 1989 c 319 art 
 3 s 19-21; art 11 s 1; 1991 c 341 s 22; 1992 c 432 art 2 s 17; 
 1993 c 307 art 4 s 31-33; 1994 c 499 s 1; 1994 c 628 art 3 s 31; 
 1997 c 7 art 1 s 129; 1997 c 199 s 14; 1999 c 222 art 4 s 7; art 
 14 s 2; 1999 c 245 art 9 s 65