2000 Minnesota Statutes

     355.23 Duluth referendum. 

    Subdivision 1.  Upon the request of the governing body of 
 the Duluth teachers retirement fund association and the board of 
 education of independent school district No. 709 or upon the 
 petition of at least ten percent of the active members of the 
 association and the board of education of independent school 
 district No. 709, the governor shall be empowered to authorize a 
 referendum to be held at a date to be set by the governor, and 
 to designate any agency or individual to supervise its conduct, 
 in accordance with the requirements of section 218(d) (3) of the 
 Social Security Act, on the question of whether service by 
 teachers in positions covered by the Duluth teachers retirement 
 fund association should be excluded from or included in an 
 agreement under the Enabling Act.  The notice of referendum 
 required by section 218(d) (3) (C) of the Social Security Act to 
 be given to teachers shall contain or shall be accompanied by a 
 statement, in such form and such detail as the agency or 
 individual designated to supervise the referendum shall deem 
 necessary and sufficient, to inform the teachers of the rights 
 which will accrue to them and their dependents and survivors, 
 and the liabilities to which they will be subject, if their 
 services are included in an agreement under the Enabling Act, 
 and the statement shall contain in such form and such detail as 
 deemed necessary the plan proposed for the integration, 
 supplementation or combination of the teachers retirement fund 
 association and social security.  The cost of any referendum 
 hereby authorized shall be paid by the teachers retirement fund 
 association in reference to which the referendum is held. 

    Subd. 2.  Upon being satisfied by the evidence that with 
 respect to any such referendum the conditions specified in 
 section 218(d) (3) of the Social Security Act have been met, the 
 governor shall so certify to the Secretary of Health, Education 
 and Welfare.  

    Subd. 3.  Upon such certification, the state agency shall 
 become authorized to modify the agreement with the Secretary of 
 Health, Education and Welfare, previously made as provided in 
 the Enabling Act, to obtain the benefits of the federal old age 
 and survivors insurance system in respect to services performed 
 by teachers as defined in sections 355.21 to 355.27.  Such 
 modification may take effect retroactively to January 1 of the 
 year in which the modification of the agreement is accepted by 
 the Secretary of Health, Education and Welfare, and apply to all 
 such services performed after the effective date by teachers who 
 are such on the date the modification is entered into or 
 thereafter, excepting any service of an emergency nature, any 
 service performed by a student, and all services in any class or 
 classes of part-time positions, or positions the compensation 
 for which is on a fee basis. 

    HIST: 1957 c 650 s 3; 1979 c 332 art 1 s 85; 1981 c 224 s 150; 
 1986 c 444