2007 Minnesota Statutes

353.88 PENALTY FOR MEMBERSHIP MISCERTIFICATIONS AND CERTIFICATION
FAILURES.
(a) If the board of trustees of the Public Employees Retirement Association, upon the
recommendation of the executive director, determines that a governmental subdivision has
certified a public employee for membership in the public employees police and fire retirement
plan when the public employee was not eligible for that retirement plan coverage, the public
employee must be covered by the correct retirement plan for subsequent service, the public
employee retains the coverage for the period of the misclassification, and the governmental
subdivision shall pay in a lump sum the difference in the actuarial present value of the retirement
annuities to which the public employee would have been entitled if the public employee was
properly classified. The governmental subdivision payment is payable within 30 days of the
board's determination. If unpaid, it must be collected under section 353.28. The lump sum
payment must be deposited in the public employees retirement fund.
(b) If the executive director of the Public Employees Retirement Association determines that
a governmental subdivision has failed to certify a person for retirement plan membership and
coverage under this chapter, in addition to the procedures under section 353.27, subdivision 4, 9,
10, 11, 12, 12a, or 12b, the director shall charge a fine of $25 for each membership certification
failure.
History: 1999 c 222 art 14 s 5