2006 Minnesota Statutes

355.07 MS 1957 [Renumbered 3.29, subd 7]
355.07 DECLARATION OF POLICY.
(a) In order to extend to employees of the state, its political subdivisions, and its other
governmental employers, and to the dependents and survivors of the employees of those
employing units, the basic protection accorded to others by the old age, survivors, and disability
insurance system embodied in the Social Security Act, it is hereby declared to be the policy of
the legislature, subject to the limitations of this chapter, that these steps are taken to provide
protection to employees of the state and its political subdivisions on as broad a basis as may be
authorized by the legislature and is permitted under the Social Security Act.
(b) It is also the policy of the legislature that the protection afforded employees in positions
covered by a retirement system on the date an agreement under this chapter is made applicable to
service performed in those positions, or receiving periodic benefits under the retirement system at
that time, will not be impaired as a result of making the agreement so applicable or as a result
of legislative enactment in anticipation thereof when combined with the benefits accorded the
employee by the Social Security Act.
(c) To this end, the agreement referred to in section 355.02 must not be made applicable
to any service performed in any position covered by a retirement system unless a referendum
is first held by secret ballot in which a majority of "eligible employees," as defined in section
218(d) (3) of the Social Security Act, vote in favor thereof, or unless a retirement system is
divided in two divisions or parts, one of which is composed of positions of members of the
system who desire coverage and one of which is composed of positions of members of the system
who do not desire coverage under section 218(d) (3) of the Social Security Act, in accordance
with subsections (6) and (7) thereof.
(d) Nothing in any provision of this chapter authorizes the extension of the insurance system
established by this chapter, to service in any police officer's or firefighter's position or in any
position covered by a retirement system applicable exclusively to positions in one or more law
enforcement or fire fighting units, agencies or departments.
History: 1955 c 665 s 1; 1959 c 558 s 11; 1977 c 429 s 63; 1981 c 224 s 142; 2002 c
392 art 8 s 33