1999 Minnesota Statutes

     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 sexual psychopathic personality treatment center as:  

    (1) a corrections officer 1; 

    (2) a corrections officer 2; 

    (3) a corrections officer 3; 

    (4) a corrections officer supervisor; 

    (5) a corrections officer 4; 

    (6) a corrections captain; 

    (7) a security counselor; or 

    (8) a security counselor lead. 

    Subd. 2.    Maintenance and trades.  "Covered 
 correctional service" also means service rendered at any time by 
 state employees as maintenance personnel and members of trades 
 certified by the commissioner of employee relations as being 
 regularly engaged in rehabilitation, treatment, custody, or 
 supervision of inmates at a Minnesota correctional facility, or 
 of patients at the Minnesota security hospital or at the 
 Minnesota sexual psychopathic personality treatment center. 

    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 Repealed, 1996 c 408 art 8 s 29 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 specified in paragraph (b), 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. 

    (b) The employment positions are as follows: 

    (1) registered nurse - senior; 

    (2) registered nurse; 

    (3) registered nurse - principal; and 

    (4) licensed practical nurse 2. 

    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), 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. 

    (b) The employment positions are as follows:  baker, 
 chemical dependency counselor supervisor, chief cook, cook, cook 
 coordinator, corrections behavior therapist, corrections 
 behavior therapist specialist, corrections parent education 
 coordinator, corrections security caseworker, corrections 
 security caseworker career, corrections teaching assistant, 
 dentist, electrician supervisor, general repair worker, 
 library/information research services specialist, 
 library/information research services specialist senior, plumber 
 supervisor, psychologist 3, recreation therapist, recreation 
 therapist coordinator, recreation program assistant, recreation 
 therapist senior, stores clerk senior, water treatment plant 
 operator, work therapy technician, work therapy assistant, work 
 therapy program coordinator. 

    Subd. 3e.    Minnesota extended treatment options program; 
 Cambridge.  "Covered correctional service" means service by a 
 state employee in one of the following employment positions with 
 the Minnesota extended treatment options on-campus program at 
 the Cambridge regional human services center 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, unless the person elects to retain current retirement 
 coverage under section 6: 

    (1) behavior analyst I; 

    (2) human services support specialist; 

    (3) mental retardation residential program lead; 

    (4) psychologist 2; 

    (5) recreation program assistant; 

    (6) recreation therapist senior; 

    (7) registered nurse senior; 

    (8) skills development specialist; and 

    (9) social worker senior. 

    Subd. 4.    Certification procedure for additional 
 positions.  Upon the recommendation of the commissioner of 
 corrections or the commissioner of human services, whichever is 
 the appropriate employing authority, with the approval of the 
 legislative advisory committee and with notification to and 
 receipt of comments from the legislative commission on pensions 
 and retirement, the commissioner of employee relations may 
 certify additional positions at a state correctional facility, 
 the Minnesota security hospital, or the Minnesota sexual 
 psychopathic personality treatment center to the executive 
 director of the Minnesota state retirement system as positions 
 rendering covered correctional service.  The commissioner of 
 corrections and the commissioner of human services must 
 establish, in writing, a set of criteria upon which to base a 
 recommendation for certifying additional civil service 
 classifications as rendering covered correctional service. 

    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 4d, 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 4d. 

    (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. 

    HIST: 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