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Office of the Revisor of Statutes

353D.01 PUBLIC EMPLOYEES DEFINED CONTRIBUTION PLAN.
    Subdivision 1. Establishment. The public employees defined contribution plan is
administered by the Public Employees Retirement Association under supervision of the
association board of trustees. To assist it in governing the operations of the plan, the board may
appoint an advisory committee of not more than nine members who are representative of the
employers and employees who participate in the plan.
    Subd. 2. Eligibility. (a) Eligibility to participate in the defined contribution plan is available
to:
(1) elected local government officials of a governmental subdivision who elect to participate
in the plan under section 353D.02, subdivision 1, and who, for the elected service rendered to
a governmental subdivision, are not members of the Public Employees Retirement Association
within the meaning of section 353.01, subdivision 7;
(2) physicians who, if they did not elect to participate in the plan under section 353D.02,
subdivision 2
, would meet the definition of member under section 353.01, subdivision 7;
(3) basic and advanced life support emergency medical service personnel employed by any
public ambulance service that elects to participate under section 353D.02, subdivision 3;
(4) members of a municipal rescue squad associated with Litchfield in Meeker County,
or of a county rescue squad associated with Kandiyohi County, if an independent nonprofit
rescue squad corporation, incorporated under chapter 317A, performing emergency management
services, and if not affiliated with a fire department or ambulance service and if its members are
not eligible for membership in that fire department's or ambulance service's relief association or
comparable pension plan;
(5) employees of the Port Authority of the city of St. Paul who elect to participate in the
plan under section 353D.02, subdivision 5, and who are not members of the Public Employees
Retirement Association under section 353.01, subdivision 7;
(6) city managers who elected to be excluded from the general employees retirement plan
of the Public Employees Retirement Association under section 353.028 and who elected to
participate in the public employees defined contribution plan under section 353.028, subdivision
3, paragraph (b); and
(7) volunteer or emergency on-call firefighters serving in a municipal fire department or an
independent nonprofit firefighting corporation who are not covered by the public employees police
and fire retirement plan and who are not covered by a volunteer firefighters relief association and
who elect to participate in the public employees defined contribution plan.
(b) For purposes of this chapter, an elected local government official includes a person
appointed to fill a vacancy in an elective office. Service as an elected local government official
only includes service for the governmental subdivision for which the official was elected by the
public-at-large. Service as an elected local government official ceases and eligibility to participate
terminates when the person ceases to be an elected official. An elected local government official
does not include an elected county sheriff.
(c) Individuals otherwise eligible to participate in the plan under this subdivision who are
currently covered by a public or private pension plan because of their employment or provision of
services are not eligible to participate in the public employees defined contribution plan.
(d) A former participant is a person who has terminated eligible employment or service and
has not withdrawn the value of the person's individual account.
History: 1987 c 372 art 5 s 1; 1990 c 570 art 8 s 2; 1991 c 291 art 19 s 2,11; 1991 c 341 s
35; 1992 c 432 art 2 s 36; 1996 c 438 art 6 s 1; 1999 c 222 art 21 s 1; 1Sp2003 c 12 art 4
s 4; 2006 c 271 art 3 s 30