Minnesota Office of the Revisor of Statutes
[*Add Subtitle/link: Office]

Menu

Revisor of Statutes Menu

2007 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

Resources

Topics

Recent History

352D.02 COVERAGE.
    Subdivision 1. Coverage. (a) Employees enumerated in paragraph (c), clauses (2), (3), (4),
(6) to (14), and (16) to (18), if they are in the unclassified service of the state or Metropolitan
Council and are eligible for coverage under the general state employees retirement plan under
chapter 352, are participants in the unclassified program under this chapter unless the employee
gives notice to the executive director of the Minnesota State Retirement System within one year
following the commencement of employment in the unclassified service that the employee desires
coverage under the general state employees retirement plan. For the purposes of this chapter, an
employee who does not file notice with the executive director is deemed to have exercised the
option to participate in the unclassified program.
    (b) Persons referenced in paragraph (c), clause (5), are participants in the unclassified
program under this chapter unless the person was eligible to elect different coverage under section
3A.07 and elected retirement coverage by the applicable alternative retirement plan. Persons
referenced in paragraph (c), clause (15), are participants in the unclassified program under
this chapter for judicial employment in excess of the service credit limit in section 490.121,
subdivision 22
.
    (c) Enumerated employees and referenced persons are:
    (1) the governor, the lieutenant governor, the secretary of state, the state auditor, and the
attorney general;
    (2) an employee in the Office of the Governor, Lieutenant Governor, Secretary of State, State
Auditor, Attorney General;
    (3) an employee of the State Board of Investment;
    (4) the head of a department, division, or agency created by statute in the unclassified service,
an acting department head subsequently appointed to the position, or an employee enumerated in
section 15A.0815 or 15A.083, subdivision 4;
    (5) a member of the legislature;
    (6) a full-time unclassified employee of the legislature or a commission or agency of the
legislature who is appointed without a limit on the duration of the employment or a temporary
legislative employee having shares in the supplemental retirement fund as a result of former
employment covered by this chapter, whether or not eligible for coverage under the Minnesota
State Retirement System;
    (7) a person who is employed in a position established under section 43A.08, subdivision
1
, clause (3), or in a position authorized under a statute creating or establishing a department or
agency of the state, which is at the deputy or assistant head of department or agency or director
level;
    (8) the regional administrator, or executive director of the Metropolitan Council, general
counsel, division directors, operations managers, and other positions as designated by the council,
all of which may not exceed 27 positions at the council and the chair;
    (9) the executive director, associate executive director, and not to exceed nine positions
of the Minnesota Office of Higher Education in the unclassified service, as designated by the
Minnesota Office of Higher Education before January 1, 1992, or subsequently redesignated with
the approval of the board of directors of the Minnesota State Retirement System, unless the person
has elected coverage by the individual retirement account plan under chapter 354B;
    (10) the clerk of the appellate courts appointed under article VI, section 2, of the Constitution
of the state of Minnesota, the state court administrator and judicial district administrators;
    (11) the chief executive officers of correctional facilities operated by the Department of
Corrections and of hospitals and nursing homes operated by the Department of Human Services;
    (12) an employee whose principal employment is at the state ceremonial house;
    (13) an employee of the Agricultural Utilization Research Institute;
    (14) an employee of the State Lottery who is covered by the managerial plan established
under section 43A.18, subdivision 3;
    (15) a judge who has exceeded the service credit limit in section 490.121, subdivision 22;
    (16) an employee of Minnesota Technology Incorporated;
    (17) a person employed by the Minnesota State Colleges and Universities as faculty or in an
eligible unclassified administrative position as defined in section 354B.20, subdivision 6, who
was employed by the former state university or the former community college system before May
1, 1995, and elected unclassified program coverage prior to May 1, 1995; and
    (18) a person employed by the Minnesota State Colleges and Universities who was employed
in state service before July 1, 1995, who subsequently is employed in an eligible unclassified
administrative position as defined in section 354B.20, subdivision 6, and who elects coverage by
the unclassified program.
    Subd. 1a.[Repealed, 1995 c 141 art 4 s 31]
    Subd. 1b.[Repealed, 1991 c 238 art 1 s 26]
    Subd. 1c. Transfer of contributions. An employee covered by the regular plan who is
subsequently employed as a full-time unclassified employee of the legislature or any commission
or agency of the legislature without a limit on the duration of the employment may elect to transfer
accumulated employee and matching employer contributions, as provided in section 352D.03.
    Subd. 1d. Election of program participation. An employee who is a participant in the
unclassified program by virtue of employment in a position listed in subdivision 1 may elect to
remain in the unclassified program upon subsequent employment in an unlimited, full-time
unclassified position that is not listed in subdivision 1. To elect participation in the unclassified
program, the employee must give notice to the executive director of the Minnesota State
Retirement System within one year of the commencement of employment in an unclassified
position that is not listed in subdivision 1. Upon receipt of the notice, the executive director shall
transfer to the employee's account in the unclassified program an amount equal to the employer
and employee contributions with six percent interest to the regular plan on the employee's behalf
from the commencement of employment in the position not listed in subdivision 1 to the receipt
of the notice by the executive director.
    Subd. 2. Coverage upon employment change. A person becoming a participant in the
unclassified program by virtue of employment in a position specified in subdivision 1, clause (4),
and remaining in the unclassified service shall remain a participant in the program even though
the position the person occupies is deleted from any of the sections referenced in subdivision 1,
clause (4), by subsequent amendment, except that a person shall not be eligible to elect the
unclassified program after separation from unclassified service if on the return of the person to
service, that position is not specified in subdivision 1, clause (4). Any person employed in a
position specified in subdivision 1 shall cease to participate in the unclassified program in the
event the position is placed in the classified service.
    Subd. 3. Transfer to general plan. (a) An employee credited with employee shares in the
unclassified program, after acquiring credit for ten years of allowable service and not later than
one month following the termination of covered employment, may elect to terminate participation
in the unclassified program and be covered by the general plan by filing a written election with the
executive director. The executive director shall then redeem the employee's total shares and shall
credit to the employee's account in the general plan the amount of contributions that would have
been so credited had the employee been covered by the general plan during the employee's entire
covered employment. The balance of money so redeemed and not credited to the employee's
account shall be transferred to the general plan retirement fund, except that (1) the employee
contribution paid to the unclassified program must be compared to (2) the employee contributions
that would have been paid to the general plan for the comparable period, if the individual had been
covered by that plan. If clause (1) is greater than clause (2), the difference must be refunded to the
employee as provided in section 352.22. If clause (2) is greater than clause (1), the difference
must be paid by the employee within six months of electing general plan coverage or before the
effective date of the annuity, whichever is sooner.
    (b) An election under paragraph (a) to transfer coverage to the general plan is irrevocable
during any period of covered employment.
    Subd. 4. Start of coverage. When any person elects participation in the unclassified program
all contributions from the time first eligible to make such an election shall be covered by the
program.
    Subd. 5.[Repealed, 2004 c 267 art 1 s 9]
    Subd. 6. Omitted salary deductions. The provisions of section 352.04, subdivision 8,
apply to this section.
History: 1971 c 604 s 2; 1973 c 624 s 3; 1975 c 368 s 42,43; 1976 c 329 s 11; 1977 c 429 s
17; 1979 c 50 s 43; 1980 c 607 art 14 s 37; 1981 c 224 s 68,69; 1982 c 399 s 1; 1982 c 560 s 56,57;
1983 c 128 s 33; 1983 c 247 s 138; 1984 c 574 s 8; 1984 c 619 s 14; 1984 c 654 art 2 s 124; art 5
s 58; 1Sp1985 c 10 s 88; 1986 c 444; 1986 c 458 s 7; 1990 c 570 art 4 s 1; 1991 c 233 s 109; 1991
c 317 s 1; 1992 c 446 s 3,4; 1993 c 239 art 1 s 1,2; 1993 c 307 art 3 s 6,7; 1994 c 628 art 1 s 3; art
3 s 30; 1995 c 141 art 4 s 2; 1995 c 212 art 3 s 59; 1997 c 233 art 2 s 3,4; 2Sp1997 c 3 s 18; 2000
c 260 s 56; 2000 c 457 s 7,8; 2000 c 461 art 3 s 3; art 18 s 1; 2002 c 379 art 1 s 77; 2003 c 112 art
2 s 50; 2005 c 107 art 2 s 60; 2006 c 271 art 10 s 32; 2007 c 54 art 5 s 7; 2007 c 134 art 2 s 10,11

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569