2004 Minnesota Statutes

     471A.10 Public employee laws; sale or lease of existing 
  facility. 

    (a) Unless expressly provided therein, and except as 
 provided in this section, no state law, charter provision, or 
 ordinance of a municipality relating to public employees shall 
 apply to a person solely by reason of that person's employment 
 by a private vendor in connection with services rendered under a 
 service contract. 

    (b) A private vendor purchasing or leasing existing related 
 facilities from a municipality or operating or maintaining the 
 facility shall recognize all exclusive bargaining 
 representatives and existing labor agreements and those 
 agreements shall remain in force until they expire by their 
 terms.  Persons who are not employed by a municipality in a 
 related facility at the time of a lease or purchase of the 
 facility by the private vendor are not "public employees" within 
 the meaning of the Public Employees Retirement Act, chapter 353. 
 Persons employed by a municipality in a related facility at the 
 time of a lease or purchase of the facility by a private vendor 
 shall continue to be considered to be "public employees" within 
 the meaning of the Public Employees Retirement Act, chapter 353, 
 but may elect to terminate their participation in the Public 
 Employees Retirement Association as provided in this section.  
 Each such employee may exercise the election annually on the 
 anniversary of the person's initial employment by the 
 municipality.  An employee electing to terminate participation 
 in the association is entitled to benefits that the employee 
 would be entitled to if terminating public employment and may 
 participate in a retirement program established by the private 
 vendor. 

    HIST: 1986 c 465 art 4 s 11; 1997 c 111 s 5