2005 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. 

    HIST: 1999 c 222 art 14 s 5