2007 Minnesota Statutes

62H.01 AUTHORITY TO JOINTLY SELF-INSURE.
Any two or more employers, excluding the state and its political subdivisions as described
in section 471.617, subdivision 1, who are authorized to transact business in Minnesota may
jointly self-insure employee health, dental, short-term disability benefits, or other benefits
permitted under the Employee Retirement Income Security Act of 1974, United States Code, title
29, sections 1001 et seq. If an employer chooses to jointly self-insure in accordance with this
chapter, the employer must participate in the joint plan for at least three consecutive years. If an
employer terminates participation in the joint plan before the conclusion of this three-year period,
a financial penalty may be assessed under the joint plan, not to exceed the amount contributed
by the employer to the plan's reserves as determined under Minnesota Rules, part 2765.1200.
Joint plans must have a minimum of 1,000 covered enrollees and meet all conditions and terms of
sections 62H.01 to 62H.08. Joint plans covering employers not resident in Minnesota must meet
the requirements of sections 62H.01 to 62H.08 as if the portion of the plan covering Minnesota
resident employees was treated as a separate plan.
A multiple employer welfare arrangement as defined in United States Code, title 29, section
1002(40)(a), is subject to this chapter to the extent authorized by the Employee Retirement
Income Security Act of 1974, United States Code, title 29, sections 1001 et seq. The commissioner
of commerce may, on behalf of the state, enter into an agreement with the United States Secretary
of Labor for delegation to the state of some or all of the secretary's enforcement authority with
respect to multiple employer welfare arrangements, as described in United States Code, title
29, section 1136(c).
History: 1983 c 241 s 1; 1987 c 337 s 74; 1992 c 549 art 3 s 18; 1992 c 564 art 1 s 43; 1994
c 485 s 36; 1997 c 175 art 4 s 1; 2002 c 330 s 17; 2004 c 288 art 6 s 4