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Office of the Revisor of Statutes

480.181 TRANSFER OF EMPLOYEES TO JUDICIAL BRANCH.
    Subdivision 1. State employees; compensation. (a) District court referees, judicial officers,
court reporters, law clerks, district administration staff, other than district administration staff
in the Second and Fourth Judicial Districts, guardian ad litem program coordinators and staff,
staff court interpreters in the Second Judicial District, court psychological services staff in the
Fourth Judicial District, and other court employees under paragraph (b), are state employees
and are governed by the judicial branch personnel rules adopted by the Supreme Court. The
Supreme Court, in consultation with the Judicial Council, shall establish the salary range of
these employees under the judicial branch personnel rules. In establishing the salary ranges, the
Supreme Court shall consider differences in the cost of living in different areas of the state.
(b) The court administrator and employees of the court administrator who are in the Fifth,
Seventh, Eighth, or Ninth Judicial District are state employees. The court administrator and
employees of the court administrator in the remaining judicial districts become state employees
as follows:
(1) effective July 1, 2003, for the Second and Fourth Judicial Districts;
(2) effective July 1, 2004, for the First and Third Judicial Districts; and
(3) effective July 1, 2005, for the Sixth and Tenth Judicial Districts.
    Subd. 2. Election to retain insurance and benefits; retirement. (a) Before a person is
transferred to state employment under this section, the person may elect to do either or both of
the following:
(1) keep life insurance; hospital, medical, and dental insurance; and vacation and sick leave
benefits and accumulated time provided by the county instead of receiving benefits from the state
under the judicial branch personnel rules; or
(2) remain a member of the Public Employees Retirement Association or the Minneapolis
employees retirement fund instead of joining the Minnesota State Retirement System.
Employees who make an election under clause (1) remain on the county payroll, but the
state shall reimburse the county on a quarterly basis for the salary and cost of the benefits
provided by the county. The state shall make the employer contribution to the Public Employees
Retirement Association or the employer contribution under section 422A.101, subdivision 1a,
to the Minneapolis Employees Retirement Fund on behalf of employees who make an election
under clause (2).
(b) An employee who makes an election under paragraph (a), clause (1), may revoke the
election, once, at any time, but if the employee revokes the election, the employee cannot make
another election. An employee who makes an election under paragraph (a), clause (2), may revoke
the election at any time within six months after the person becomes a state employee. Once an
employee revokes this election, the employee cannot make another election.
(c) The Supreme Court, after consultation with the Judicial Council, the commissioner of
employee relations, and the executive directors of the Public Employees Retirement Association
and the Minnesota State Retirement Association, shall adopt procedures for making elections
under this section.
(d) The Supreme Court shall notify all affected employees of the options available under
this section. The executive directors of the Public Employees Retirement Association and the
Minnesota State Retirement System shall provide counseling to affected employees on the effect
of making an election to remain a member of the Public Employees Retirement Association.
    Subd. 3. Accumulated benefits. A person who begins to receive benefits from the state
under the judicial branch personnel rules under this section must receive credit for accumulated
vacation and sick leave time, as certified by the county auditor and district administrator.
    Subd. 4. Date of employment. A person who becomes a state employee under this section is
considered to have begun employment with the state on the date the person became a county or
judicial district employee to determine eligibility for benefits.
    Subd. 5. County to state funding. Whenever a group of court employees is transferred from
county to state funding, the provisions of this section shall apply.
History: 1989 c 335 art 3 s 14; 1991 c 345 art 1 s 97; 1999 c 216 art 7 s 26; 1Sp2001 c 5
art 5 s 13; 2006 c 260 art 5 s 13,14