2000 Minnesota Statutes

     355.74 Notice of referendum.  

    Subdivision 1.  The notice of referendum required by 
 section 218(d) of the Social Security Act which is to be given 
 to the hospital employees shall contain a statement in such form 
 as the agency or individual designated to supervise the 
 referendum shall deem necessary and sufficient to inform the 
 hospital employees of the rights which accrue to them under the 
 Social Security Act.  The statement shall also inform the 
 hospital employees of the effect that coverage under the Social 
 Security Act will have on their public retirement program.  

    Subd. 2.  In accordance with section 218(d) (6) (C) of the 
 Social Security Act, the state agency shall divide into two 
 divisions or parts each deemed retirement system consisting of 
 employees of hospitals as herein provided whose employees are 
 covered by the public employees retirement association 
 established by Minnesota Statutes 1961, chapter 353, and acts 
 amendatory thereof.  One division or part of such deemed 
 retirement system shall be composed of positions of members of 
 such system who desire coverage under an agreement pursuant to 
 sections 355.73 and 355.76.  The other division or part of such 
 retirement system shall be composed of positions of members of 
 such system who do not desire coverage under such agreement.  
 Each division or part shall be deemed to be a separate 
 retirement system for the purposes of section 218(d) of the 
 Social Security Act.  There shall be included in such division 
 or part composed of members desiring such coverage, the 
 positions of individuals who become employees of any public 
 hospital in which a referendum was conducted after such coverage 
 is extended, with the exception of positions of individuals 
 which under the Social Security Act may not be included in an 
 agreement between the state and Secretary of Health, Education, 
 and Welfare, and with the further exception that employees who 
 did not elect such coverage shall not be deemed covered 
 employees with respect to service credit earned prior to first 
 becoming covered under this section.  

    Subd. 3.  In accordance with section 218(d) (6) (F) of the 
 Social Security Act, as amended, and in case such a deemed 
 retirement system is so divided into two parts, as hereinbefore 
 provided, the position of any member of the division or part 
 composed of positions of members who do not desire coverage may 
 be transferred to the separate retirement system composed of 
 members who desire such coverage; and a modification of 
 agreement between the state and the Secretary of Health, 
 Education, and Welfare may so provide, but only if prior to such 
 modification or such later modification, as the case may be, the 
 individual occupying such position files with the state agency a 
 written request for such transfer.  

    HIST: 1963 c 793 s 4; 1971 c 374 s 2