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Chapter 352

Section 352.91

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352.91 COVERED CORRECTIONAL SERVICE.
    Subdivision 1. Qualifying jobs. "Covered correctional service" means service performed
by a state employee, as defined in section 352.01, employed at a state correctional facility, the
Minnesota Security Hospital, or the Minnesota sex offender program as:
(1) a corrections officer 1;
(2) a corrections officer 2;
(3) a corrections officer 3;
(4) a corrections officer supervisor;
(5) a corrections lieutenant;
(6) a corrections captain;
(7) a security counselor;
(8) a security counselor lead; or
(9) a corrections canine officer.
    Subd. 2. Maintenance, correctional industry, and trades. "Covered correctional service"
also means service rendered at any time by state employees as maintenance personnel, correctional
industry personnel, or members of trades certified by the commissioner of employee relations to
the executive director as being engaged for at least 75 percent of the employee's working time
in the rehabilitation, treatment, custody, or supervision of inmates at a Minnesota correctional
facility, or of patients at the Minnesota Security Hospital or the Minnesota sex offender program.
    Subd. 2a. Special teachers. "Covered correctional service" also means service rendered
by a state employee as a special teacher employed by the Department of Corrections or by
the Department of Human Services at a security unit, provided that at least 75 percent of the
employee's working time is spent in direct contact with inmates or patients and the fact of this
direct contact is certified to the executive director by the appropriate commissioner, unless the
person elects to retain the current retirement coverage under Laws 1996, chapter 408, article 8,
section 21.
    Subd. 3.[Repealed, 1996 c 408 art 8 s 29]
    Subd. 3a. Security guards. "Covered correctional service" also means service rendered
before January 1, 1981, in the classification of security guard by any employee employed in a
covered correctional position on January 1, 1981.
    Subd. 3b. Older employees formerly excluded. "Covered correctional service" also means
service performed by certain state employees in positions usually covered by this section who: (1)
were excluded by law from coverage between July 1973 and July 1980; (2) were age 45 or over
when hired; (3) were state employees on March 26, 1986; and (4) who elected coverage before
July 1, 1986. An employee who did not elect coverage before July 1, 1986, is not covered by the
correctional retirement plan, even if the employee's employment classification may be considered
to be covered correctional service under another subdivision of this section.
    Subd. 3c. Nursing personnel. (a) "Covered correctional service" means service by a state
employee in one of the employment positions at a correctional facility or at the Minnesota Security
Hospital, or in the Minnesota sex offender program that are specified in paragraph (b) if at least 75
percent of the employee's working time is spent in direct contact with inmates or patients and the
fact of this direct contact is certified to the executive director by the appropriate commissioner.
(b) The employment positions are as follows:
(1) registered nurse - senior;
(2) registered nurse;
(3) registered nurse - principal;
(4) licensed practical nurse 2; and
(5) registered nurse advance practice.
    Subd. 3d. Other correctional personnel. (a) "Covered correctional service" means service
by a state employee in one of the employment positions at a correctional facility or at the
Minnesota Security Hospital specified in paragraph (b) if at least 75 percent of the employee's
working time is spent in direct contact with inmates or patients and the fact of this direct contact
is certified to the executive director by the appropriate commissioner.
    (b) The employment positions are as follows: baker; central services administrative specialist,
intermediate; central services administrative specialist, principal; chaplain; chief cook; cook; cook
coordinator; corrections program therapist 1; corrections program therapist 2; corrections program
therapist 3; corrections program therapist 4; corrections inmate program coordinator; corrections
transitions program coordinator; corrections security caseworker; corrections security caseworker
career; corrections teaching assistant; delivery van driver; dentist; electrician supervisor; general
repair worker; library/information research services specialist; library/information research
services specialist senior; library technician; plant maintenance engineer lead; plumber supervisor;
psychologist 1; psychologist 3; recreation therapist; recreation therapist coordinator; recreation
program assistant; recreation therapist senior; sports medicine specialist; work therapy assistant;
work therapy program coordinator; and work therapy technician.
    Subd. 3e. Minnesota extended treatment options program. (a) "Covered correctional
service" means service by a state employee in one of the employment positions with the
Minnesota extended treatment options program specified in paragraph (b) if at least 75 percent of
the employee's working time is spent in direct contact with patients who are in the Minnesota
extended treatment options program and if service in such a position is certified to the executive
director by the commissioner of human services.
    (b) The employment positions are:
    (1) behavior analyst 1;
    (2) behavior analyst 2;
    (3) behavior analyst 3;
    (4) group supervisor;
    (5) group supervisor assistant;
    (6) human services support specialist;
    (7) residential program lead;
    (8) psychologist 2;
    (9) recreation program assistant;
    (10) recreation therapist senior;
    (11) registered nurse senior;
    (12) skills development specialist;
    (13) social worker senior;
    (14) social worker specialist; and
    (15) speech pathology specialist.
    Subd. 3f. Additional Department of Human Services personnel. (a) "Covered correctional
service" means service by a state employee in one of the employment positions specified in
paragraph (b) at the Minnesota Security Hospital or in the Minnesota sex offender program if at
least 75 percent of the employee's working time is spent in direct contact with patients and the
determination of this direct contact is certified to the executive director by the commissioner of
human services.
    (b) The employment positions are:
    (1) behavior analyst 2;
    (2) behavior analyst 3;
    (3) certified occupational therapy assistant 1;
    (4) certified occupational therapy assistant 2;
    (5) chemical dependency counselor senior;
    (6) client advocate;
    (7) customer services specialist principal;
    (8) dental assistant registered;
    (9) group supervisor;
    (10) group supervisor assistant;
    (11) human services support specialist;
    (12) licensed alcohol and drug counselor;
    (13) licensed practical nurse 1;
    (14) management analyst 3;
    (15) occupational therapist;
    (16) occupational therapist, senior;
    (17) psychologist 1;
    (18) psychologist 2;
    (19) psychologist 3;
    (20) recreation program assistant;
    (21) recreation therapist lead;
    (22) recreation therapist senior;
    (23) rehabilitation counselor senior;
    (24) security supervisor;
    (25) skills development specialist;
    (26) social worker senior;
    (27) social worker specialist;
    (28) social worker specialist, senior;
    (29) special education program assistant;
    (30) speech pathology clinician;
    (31) work therapy assistant; and
    (32) work therapy program coordinator.
    Subd. 3g. Additional Corrections Department personnel. (a) "Covered correctional
service" means service by a state employee in one of the employment positions specified in
paragraph (b) if at least 75 percent of the employee's working time is spent in direct contact with
inmates and the determination of this direct contact is certified to the executive director by the
commissioner of corrections.
(b) The qualifying employment positions are:
(1) corrections discipline unit supervisor;
(2) dental assistant registered;
(3) dental hygienist;
(4) psychologist 2; and
(5) sentencing to service crew leader involved with the inmate community work crew
program.
    Subd. 3h. Employment occupation name changes. (a) If the occupational title of a state
employee covered by the Minnesota correctional employees retirement plan changes from the
applicable title listed in subdivision 1, 2, 2a, 3c, 3d, 3e, 3f, or 3g, qualification for coverage by
the correctional state employees retirement plan continues until the July 1 next following the
title change if the commissioner of employee relations certifies to the executive director of the
Minnesota State Retirement System and to the executive director of the Legislative Commission
on Pensions and Retirement that the duties, requirements, and responsibilities of the new
occupational title are substantially identical to the duties, requirements, and responsibilities of
the prior occupational title.
(b) If the commissioner of employee relations does not certify a new occupational title under
paragraph (a), eligibility for future correctional state employees retirement coverage terminates
as of the start of the first payroll period next following the effective date of the occupational
title change.
(c) For consideration by the Legislative Commission on Pensions and Retirement during
the legislative session next following an occupational title change involving a state employee in
covered correctional service, the commissioner of employee relations shall submit the applicable
draft proposed legislation reflecting the occupational title change covered by this section.
    Subd. 3i. Lateral transfers to new correctional facilities. If a new correctional facility
is established, a state employee rendering covered correctional service immediately before the
transfer remains eligible for coverage by the correctional state employees retirement plan for
future state employment at the new facility if the person is employed in the same occupational
title at the new facility. The eligibility for future coverage continues until the July 1 next following
the effective date of the establishment of the new facility.
    Subd. 4.[Repealed, 2000 c 461 art 6 s 6]
    Subd. 4a. Process for evaluating and recommending potential employment positions
for membership inclusion. (a) The Department of Corrections and the Department of Human
Services must establish a procedure for evaluating periodic requests by department employees for
qualification for recommendation by the commissioner for inclusion of the employment position
in the correctional facility or human services facility in the correctional retirement plan and for
periodically determining employment positions that no longer qualify for continued correctional
retirement plan coverage.
(b) The procedure must provide for an evaluation of the extent of the employee's working
time spent in direct contact with patients or inmates, the extent of the physical hazard that the
employee is routinely subjected to in the course of employment, and the extent of intervention
routinely expected of the employee in the event of a facility incident. The percentage of routine
direct contact with inmates or patients may not be less than 75 percent.
(c) The applicable commissioner shall notify the employee of the determination of the
appropriateness of recommending the employment position for inclusion in the correctional
retirement plan, if the evaluation procedure results in a finding that the employee:
(1) routinely spends 75 percent of the employee's time in direct contact with inmates
or patients; and
(2) is regularly engaged in the rehabilitation, treatment, custody, or supervision of inmates
or patients.
(d) After providing the affected employee an opportunity to dispute or clarify any evaluation
determinations, if the commissioner determines that the employment position is appropriate for
inclusion in the correctional retirement plan, the commissioner shall forward that recommendation
and supporting documentation to the chair of the Legislative Commission on Pensions and
Retirement, the chair of the State and Local Governmental Operations Committee of the senate,
the chair of the Governmental Operations and Veterans Affairs Policy Committee of the house
of representatives, and the executive director of the Legislative Commission on Pensions and
Retirement in the form of the appropriate proposed legislation. The recommendation must be
forwarded to the legislature before January 15 for the recommendation to be considered in that
year's legislative session.
    Subd. 4b. Department of Corrections; procedure for coverage change considerations.
    (a) The commissioner of corrections shall appoint a standing review committee to review and
determine positions that should be included in legislative requests for correctional employees
retirement plan coverage under subdivision 4a.
    (b) Periodically, the Department of Corrections will convene meetings of the review
committee. The review committee must review all requests and the supporting documentation
for coverage by the correctional employees retirement plan and must determine which classes
or positions meet the statutory requirements for coverage. The review committee also must
determine if incumbents of and recent retirees from classes or positions determined for inclusion
in correctional employees retirement plan coverage have prior Department of Corrections
employment which also qualified as correctional service and which should be transferred from
the general state employees retirement plan to the plan and the initial date for each potential
service credit transfer.
    (c) The review committee must evaluate and determine the eligibility date for initial plan
participation and all periods of eligibility in the correctional employees retirement plan.
    (d) The department must provide a notice of each determination and of the employee's right
to appeal from the review committee to each employee who requested inclusion. Appeals must
be filed with the agency human resource manager within 30 days of the date of the notice of
determination.
    (e) The commissioner of corrections shall appoint a standing appeals committee to hear
appeals of determinations for coverage. The appeal committee must include relevant department
employees and employee representatives. Appeal committee determinations are final.
    (f) All positions approved for inclusion must be forwarded to the commissioner of
corrections for the preparation of legislation to implement the coverage change and submission.
The commissioner will submit a written recommendation documenting classes or positions that
should or should not be covered by the correctional employees retirement plan. Documentation of
each request and the final determination must be retained in the Department of Corrections' Office
of Human Resource Management.
    Subd. 5. Correction of errors. (a) If it is determined that an employee should have been
covered by the correctional retirement plan but was placed in the general employees retirement
plan or Teachers Retirement Association in error, the commissioner of corrections or the
commissioner of human services must report the error to the executive director of the Minnesota
State Retirement System. The service must be properly credited under the correctional employees
retirement plan for a period of not to exceed five years before the date on which the commissioner
of corrections or human services notifies the executive director of the Minnesota State Retirement
System in writing or five years from the date on which an employee requests, in writing, the
applicable department to determine if the person has appropriate retirement plan coverage,
whichever is earlier. If the error covers more than a five-year period, the service before the
five-year period must remain under the plan originally credited the service. The employee shall
pay the difference between the employee contributions actually paid during the five-year period
and what should have been paid under the correctional employees retirement plan. The department
making the error shall pay to the correctional employees retirement plan an amount equal to the
difference in the present value of accrued retirement benefits caused by the change in coverage
after subtracting the amount paid by the employee. Calculation of this amount must be made by the
executive director of the Minnesota State Retirement System using the applicable preretirement
interest rate specified in section 356.215, subdivision 8, and the mortality table adopted for the
Minnesota State Retirement System. The calculation must assume continuous future service in
the correctional employees retirement plan until the employee would reach the age eligible for
normal retirement. The calculation must also assume a future salary history that includes annual
salary increases at the salary increase rate or rates specified in section 356.215, subdivision 8.
(b) If an employee was covered under the correctional employees retirement plan, but it is
determined that the person should have been covered under the general employees retirement
plan, the error must be corrected if written notification is provided to the employee and the
executive director of the Minnesota State Retirement System within three years of the date
on which the coverage was improperly started. The difference in employee and employer
contributions actually paid to the correctional employees retirement plan in excess of the amount
that should have been paid to the general employees retirement plan must be refunded to the
employee and the employer paying the additional contributions.
History: 1973 c 653 s 40; 1974 c 520 s 1; 1975 c 368 s 35; 1978 c 781 s 2; 1980 c 600 s 3-5;
1980 c 617 s 47; 1981 c 224 s 59; 1981 c 297 s 3; 1984 c 654 art 5 s 58; 1986 c 444; 1986 c 458 s
31; 1987 c 229 art 6 s 1; art 11 s 1; 1987 c 372 art 1 s 4; 1996 c 408 art 8 s 10-17; 1999 c 222
art 13 s 2; 2000 c 461 art 6 s 1-4; 2002 c 392 art 11 s 52; 2004 c 267 art 1 s 1; 2005 c 56 s 1;
1Sp2005 c 8 art 4 s 3; 2006 c 271 art 2 s 2-11; 2007 c 134 art 3 s 1-4

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