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Minnesota Legislature

Office of the Revisor of Statutes

356A.07 BENEFIT SUMMARY; ANNUAL REPORTS; ADDITIONAL DUTIES.
    Subdivision 1. Benefit provisions summary. The chief administrative officer of a covered
pension plan shall prepare and provide each active plan participant with a summary of the benefit
provisions of the plan document. The summary must be provided within 30 days of the start or
resumption of a participant's membership in the plan, or within 30 days of the date on which
the start or resumption of membership was reported to a covered pension plan by a covered
governmental entity, whichever is later. The summary must contain a notice that it is a summary
of the plan document but is not itself the plan document, and that in the event of a discrepancy
between the summary and the plan document as amended, the plan document governs. A copy of
the plan document as amended must be furnished to a plan participant or benefit recipient upon
request. The chief administrative officer may utilize the services of the covered governmental
entity in providing the summary. The summary must be in a form reasonably calculated to be
understood by an average plan participant.
    Subd. 2. Annual financial report. A covered pension plan shall provide each active plan
participant and benefit recipient with a copy of the most recent annual financial report required
by section 356.20 and a copy of the most recent actuarial evaluation, if any, required by section
69.77, 69.773, 356.215, or 356.216, or a summary of those reports.
    Subd. 3. Distribution. A covered pension plan may distribute the summaries required by this
section through covered governmental entities so long as the plan has made arrangements with
the entities to assure, with reasonable certainty, that the summaries will be distributed, or made
easily available, to active plan participants.
    Subd. 4. Review procedure. If a review procedure is not specified by law for a covered
pension plan, the chief administrative officer of the plan shall propose, and the governing board
of the plan shall adopt and implement, a procedure for reviewing a determination of eligibility,
benefits, or other rights under the plan that is adverse to a plan participant or benefit recipient.
The review procedure must include provisions for timely notice to the plan participant or benefit
recipient and reasonable opportunity to be heard in any review proceeding conducted and may,
but need not be, a contested case under chapter 14.
History: 1989 c 319 art 7 s 7