2006 Minnesota Statutes

383B.914 STATUS OF PRESENT EMPLOYEES; BARGAINING UNITS; RETIREMENT
COVERAGE.
    Subdivision 1. Health system human resources system. Persons employed at the
corporation created shall be subject to a human resources system that is designed to offer
appropriate benefits to workers employed in a health care setting. This human resources system
shall replace the general county human resources system prescribed in sections 383B.26 to
383B.42, and any rules related to it. The corporation shall have the authority to establish all
personnel policies and practices, negotiate applicable labor agreements, and set all levels of
compensation and benefits which are considered appropriate by the board except as limited in this
section. The human resources system is subject to the following human resources requirements:
(1) determine compensation according to the pay equity requirements under sections
471.991 to 471.999;
(2) provide preferences for veterans according to the Veterans Preference Act under sections
197.455, 197.46, and 375.63; and
(3) provide an appeals process for an individual who is discharged, demoted, or suspended.
    Subd. 2. Employee transfer. All persons employed by the county whose employment is
accounted for in the county enterprise fund for HCMC, on the effective date, shall be transferred
to the corporation as specified in the lease and other transactional documents referenced in section
383B.913. The transfer of employees to the corporation under this subdivision does not constitute
severance or termination of employment or a layoff entitling transferred employees to severance
pay, termination benefits, a retirement plan refund, or any other right that may be applicable in
the case of severance, termination, or layoff.
    Subd. 3. Current positions. Each person employed by the county who is transferred to
the corporation on the effective date shall retain employment and accrued benefits, including
participation in deferred compensation programs, and will be recorded by most recent date of
employment with Hennepin County upon transfer to the corporation created in section 383B.901.
    Subd. 4. Bargaining units. The corporation shall recognize existing bargaining units
organized by employees of HCMC and the exclusive representatives of those bargaining units as
of the effective date. The corporation shall adopt all current labor agreements as of the effective
date for the term of those agreements, except for countywide references, countywide provisions,
and countywide human resources rules.
    Subd. 5. General employee retirement benefits. (a) Except as provided in paragraph
(b), employees of the corporation, other than paramedics, emergency medical technicians and
the supervisors and managers of such employees, and protection officers and supervisors of
such employees, are "public employees" under chapter 353 and are members of the general
employees retirement plan of the Public Employees Retirement Association, including employees
transferred to the corporation under subdivision 2 and employees hired by the corporation after
the effective date.
(b) Notwithstanding sections 356.24 and 356.25, the corporation has the authority to create
alternative retirement plans that are not defined benefit pension plans for the following classes
of employees: supervisors, managers, physicians, and independent health practitioners who
bill independently for their time, provided the value of the aggregate benefits are substantially
comparable to the general employee retirement plan of the Public Employees Retirement
Association. These classes of employees are eligible to participate in the general retirement
plan of the Public Employees Retirement Association until and unless the corporation creates
alternative retirement plans. Only those employees who are within the designated class and who
are hired after the date of creation of the alternative plan may be enrolled in the alternative
retirement plan in lieu of participation in the general employees retirement plan of the Public
Employees Retirement Association. Any alternative retirement benefit plan established by the
corporation must comply with the financial reporting requirements for public pension plans
under section 356.20 and the investment performance reporting requirements for public pension
plans under section 356.219.
    Subd. 6. Employees eligible to continue participation in public employee retirement
association correctional, police, and fire benefit plans. Notwithstanding subdivision 5, both
existing and future employees of the corporation in the positions of paramedic and emergency
medical technician, including supervisors and managers of such employees, as provided in section
353.64, subdivision 10, are members of the public employees police and fire retirement plan under
sections 353.63 to 353.68 and in the position of protection officer, including supervisors of such
employees, as provided in section 353E.02, subdivision 2a, are members of the local government
correctional retirement plan under chapter 353E.
    Subd. 7. Participation in state deferred compensation plan. (a) Existing employees of the
corporation, at the election of the corporation, if otherwise qualified, are eligible to participate in
the Hennepin County supplemental retirement plan under sections 383B.46 and 383B.52.
(b) Existing and future employees of the corporation, at the election of the corporation, are
eligible to participate in the Minnesota state deferred compensation plan under section 352.96, the
postretirement health care savings plan under section 352.98, and all other deferred compensation
arrangements for which all persons employed by the county whose employment is accounted for
in the county enterprise fund for HCMC were eligible.
    Subd. 8. Subsidiaries. Any subsidiary created by the corporation shall be subject to the same
human resources requirements as those that apply to the corporation under subdivision 1.
History: 2005 c 125 art 1 s 14

NOTE: Subdivision 1, as added by Laws 2005, chapter 125, article 1, section 14, subdivision
1, is effective when the initial board of the corporation is appointed by the county board. Laws
2005, chapter 125, article 1, section 29, as amended by Laws 2005, First Special Session chapter
7, section 34.

NOTE: Subdivisions 2 to 8, as added by Laws 2005, chapter 125, article 1, section 14,
subdivisions 2 to 8, are effective the day after the Hennepin County Board files a certificate of
local approval in compliance with Minnesota Statutes, section 645.021, subdivision 3. Laws 2005,
chapter 125, article 1, section 29, as amended by Laws 2005, First Special Session chapter 7,
section 34.