355.095 OPTIONAL MEDICARE COVERAGE FOR CERTAIN PUBLIC EMPLOYEES.
Subdivision 1. Agreement.
(a) The director, on behalf of the state, its political subdivisions,
and its other governmental employers, is authorized to enter into an agreement with the Secretary
of Health and Human Services to extend the provisions of United States Code, title 42, section
426, 426-1, and 1395c, to the employees in paragraph (b) who meet the requirements of United
States Code, title 42, section 418(v)(2) and who do not have coverage by the federal old age,
survivors, and disability insurance program for that employment under any previous modification
of the agreement or previous Medicare referendum.
(b) The applicable employees are:
(1) employees who are members of one of the retirement plans in section
3, except clauses (4) and (8), based on continuous employment since March 31, 1986; and
(2) employees of a special authority or district who have been continuously employed by the
special authority or district since March 31, 1986.
Subd. 2. Referendum.
(a) Each local governmental subdivision or special authority or
district desiring inclusion in the state Social Security agreement under subdivision 1 must request
such coverage by submitting a formal resolution to the director, including a specification therein
of the desired starting date for Social Security coverage.
(b) The director shall authorize a referendum on the question of extending the provisions
of United States Code, title 42, sections 426, 426-1, and 1395c. The director shall supervise the
referendum in accordance with the requirements of United States Code, title 42, section 418, on
the date or dates set. The cost of the referendum must be borne by the requesting retirement
plan, or the requesting special authority or district. The notice of the referendum provided to
each eligible employee must contain a statement sufficient to inform the person of the rights
available as an employee in Medicare qualified government employment and the employee
contribution rates applicable to the program. The referendum must permit each eligible employee
the opportunity to vote in the referendum in accordance with the requirements in the Social
Security Act. The director, on receiving satisfactory evidence that the conditions specified in
United States Code, title 42, section 418(d)(7) have been met, must so certify to the Secretary of
Health and Human Services.
Subd. 3. Contributions.
Employers must pay the necessary employer contributions and
make the necessary deductions from salary for employees who elect to participate in the federal
Medicare program under this section and as required by federal law.
Subd. 4. Retroactive Medicare coverage.
An individual who obtains Medicare coverage
through the referendum under subdivision 2 may obtain retroactive coverage for the period
specified in the modification of the agreement if employed by the governmental subdivision or by
the special authority or district on the date of the modification of the agreement. The individual
must pay an amount equal to the Medicare taxes which would have been imposed on the
employee had the service been covered at the time performed. The employing local governmental
subdivision or special authority or district must pay the necessary employer contributions for the
retroactive Medicare coverage period. Nothing in this section shall require an employee or elected
official to elect retroactive Medicare coverage.
History: 2006 c 271 art 6 s 6