LCPR05-281
1.1 M ............... moves to amend S.F. No. 427, the first
1.2 engrossment (S0427‑1), as follows:
1.3 Page 55, line 1, delete "AND"
1.4 Page 55, line 2, before "CHANGES" insert "AND OTHER
1.5 GENERALLY APPLICABLE ADMINISTRATIVE"
1.6 Page 56, after line 5, insert:
1.7 "Sec. 4. Minnesota Statutes 2004, section 354.094,
1.8 subdivision 1, is amended to read:
1.9 Subdivision 1. SERVICE CREDIT CONTRIBUTIONS. (a) Upon
1.10 granting any extended leave of absence under section 122A.46 or
1.11 136F.43, the employing unit granting the leave must certify the
1.12 leave to the association on a form specified by the executive
1.13 director. A member granted an extended leave of absence under
1.14 section 122A.46 or 136F.43 may pay employee contributions and
1.15 receive allowable service credit toward annuities and other
1.16 benefits under this chapter, for each year of the leave,
1.17 provided that the member and the employing board make the
1.18 required employer contribution in any proportion they may agree
1.19 upon, during the period of the leave. The employer may enter
1.20 into an agreement with the exclusive bargaining representative
1.21 of the teachers in the district under which, for an individual
1.22 teacher, all or a portion of the employee's contribution is paid
1.23 by the employer. Any such agreement must include a sunset of
1.24 eligibility to qualify for the payment and must not be a part of
1.25 the collective bargaining agreement. The leave period must not
1.26 exceed five years. A member may not receive more than five
1.27 years of allowable service credit under this section. The
1.28 employee and employer contributions must be based upon the rates
1.29 of contribution prescribed by section 354.42 for the salary
1.30 received during the year immediately preceding the extended
1.31 leave.
1.32 (b) Employee contribution payments for the years for which
1.33 a member is receiving service credit while on extended leave
1.34 must be made on or before the later of June 30 of each fiscal
1.35 year for which service credit is to be received or within 30
1.36 days after first notification of the amount due, if requested by
2.1 the member, is given by the association. If payment is to be
2.2 made by a transfer of pretax assets authorized under section
2.3 356.441, payment is authorized after June 30 of the fiscal year
2.4 providing that authorization for the asset transfer has been
2.5 received by the applicable third party administrator by June 30,
2.6 and the payment must include interest at a rate of .708 percent
2.7 per month from June 30 through the end of the month in which
2.8 payment is received. No payment is permitted after the
2.9 following September 30. Payments received after June 30 must
2.10 include interest at an annual rate of 8.5 percent from June 30
2.11 through the end of the month in which payment is received.
2.12 (c) Notwithstanding the provisions of any agreements to the
2.13 contrary, employee and employer contributions may not be made to
2.14 receive allowable service credit if the member does not have
2.15 full reinstatement rights as provided in section 122A.46 or
2.16 136F.43, both during and at the end of the extended leave.
2.17 (d) Any school district paying the employee's retirement
2.18 contributions under this section shall forward to the applicable
2.19 retirement association or retirement fund a copy of the
2.20 agreement executed by the school district and the employee."
2.21 Page 59, after line 21, insert:
2.22 "Sec. 7. Minnesota Statutes 2004, section 356.47,
2.23 subdivision 3, is amended to read:
2.24 Subd. 3. PAYMENT. (a) Upon the retired member attaining
2.25 the age of 65 years or upon the first day of the month next
2.26 following the month occurring one year after the termination of
2.27 the reemployment that gave rise to the limitation, whichever is
2.28 later, and the filing of a written application, the retired
2.29 member is entitled to the payment, in a lump sum, of the value
2.30 of the person's amount under subdivision 2, plus interest at the
2.31 compound annual rate of six percent from the date that the
2.32 amount was deducted from the retirement annuity to the date of
2.33 payment.
2.34 (b) The written application must be on a form prescribed by
2.35 the chief administrative officer of the applicable retirement
2.36 plan.
3.1 (c) If the retired member dies before the payment provided
3.2 for in paragraph (a) is made, the amount is payable, upon
3.3 written application, to the deceased person's surviving spouse,
3.4 or if none, to the deceased person's designated beneficiary, or
3.5 if none, to the deceased person's estate.
3.6 (d) In lieu of the direct payment of the person's amount
3.7 under subdivision 2, on or after the payment date under
3.8 paragraph (a), if the federal Internal Revenue Code so permits,
3.9 the retired member may elect to have all or any portion of the
3.10 payment amount under this section paid in the form of a direct
3.11 rollover to an eligible retirement plan as defined in section
3.12 402(c) of the federal Internal Revenue Code that is specified by
3.13 the retired member. If the retired member dies with a balance
3.14 remaining payable under this section, the surviving spouse of
3.15 the retired member, or if none, the deceased person's designated
3.16 beneficiary, or if none, the administrator of the deceased
3.17 person's estate may elect a direct rollover under this
3.18 paragraph."
3.19 Page 60, after line 16, insert:
3.20 "(c) Section 6 is effective on July 1, 2005, and applies to
3.21 retired members with an amount in a reemployed annuitant's
3.22 account on or after that date.
3.23 (d) Section 7 is effective on the day following final
3.24 enactment."
3.25 Page 66, after line 12, insert:
3.26 "Sec. 7. Minnesota Statutes 2004, section 354B.21,
3.27 subdivision 2, is amended to read:
3.28 Subd. 2. COVERAGE; ELECTION. (a) An eligible person is
3.29 entitled to elect coverage by the plan. If the eligible person
3.30 does not make a timely election of coverage by the plan, the
3.31 person has the coverage specified in subdivision 3.
3.32 (b) For eligible persons who were employed by the former
3.33 state university system or the former community college system
3.34 before May 1, 1995, the person has the retirement coverage that
3.35 the person had for employment immediately before May 1, 1995.
3.36 (c) (b) For all other eligible persons, the election of
4.1 coverage must be made within 90 days of May 10, 1995, or 90 days
4.2 of receiving notice from the employer of the options available
4.3 under this section, whichever occurs later unless otherwise
4.4 specified in this section, the eligible person is authorized to
4.5 elect prospective Teachers Retirement Association plan coverage
4.6 rather than coverage by the plan established by this chapter.
4.7 The election of prospective Teachers Retirement Association plan
4.8 coverage shall be made within one year of commencing eligible
4.9 Minnesota State Colleges and Universities system employment. If
4.10 an election is not made within the specified election period due
4.11 to a termination of Minnesota State Colleges and Universities
4.12 system employment, an election may be made within 90 days of
4.13 returning to eligible Minnesota State Colleges and Universities
4.14 system employment. All elections are irrevocable. Prior to
4.15 making an election the eligible person shall be covered by the
4.16 plan indicated as default coverage under subdivision 3.
4.17 (c) A purchase of service credit in the Teachers Retirement
4.18 Association plan for any period or periods of Minnesota State
4.19 Colleges and Universities system employment occurring prior to
4.20 the election under paragraph (b) is prohibited.
4.21 Sec. 8. Minnesota Statutes 2004, section 354B.21,
4.22 subdivision 3, is amended to read:
4.23 Subd. 3. DEFAULT COVERAGE. (a) Prior to making an
4.24 election under subdivision 2, or if an eligible person fails to
4.25 elect coverage by the plan under subdivision 2 or if the person
4.26 fails to make a timely election, the following retirement
4.27 coverage applies:
4.28 (1) for employees of the board who are employed in faculty
4.29 positions in the technical colleges, in the state universities
4.30 or in the community colleges, the retirement coverage is by the
4.31 plan established by this chapter;
4.32 (2) for employees of the board who are employed in faculty
4.33 positions in the technical colleges, the retirement coverage is
4.34 by the plan established by this chapter unless on June 30, 1997,
4.35 the employee was a member of the Teachers Retirement Association
4.36 established under chapter 354 and then the retirement coverage
5.1 is by the Teachers Retirement Association, or, unless the
5.2 employee was a member of a first class city teacher retirement
5.3 fund established under chapter 354A on June 30, 1995, and then
5.4 the retirement coverage is by the Duluth Teachers Retirement
5.5 Fund Association if the person was a member of that plan on June
5.6 30, 1995, or the Minneapolis Teachers Retirement Fund
5.7 Association if the person was a member of that plan on June 30,
5.8 1995, or the St. Paul Teachers Retirement Fund Association if
5.9 the person was a member of that plan on June 30, 1995; and
5.10 (3) for employees of the board who are employed in eligible
5.11 unclassified administrative positions, the retirement coverage
5.12 is by the plan established by this chapter.
5.13 (b) If an employee fails to correctly certify prior
5.14 membership in the Teachers Retirement Association to the
5.15 Minnesota State colleges and Universities system, the system
5.16 shall not pay interest on employee contributions, employer
5.17 contributions, and additional employer contributions to the
5.18 Teachers Retirement Association under section 354.52,
5.19 subdivision 4."
5.20 Page 66, after line 16, insert:
5.21 "(c) Sections 7 and 8 are effective on the day following
5.22 final enactment."
5.23 Page 67, after line 21, insert:
5.24 "Sec. 3. PUBLIC EMPLOYEES RETIREMENT ASSOCIATION;
5.25 INTEREST ON SERVICE CREDIT PURCHASE PAYMENT RETURN.
5.26 If a former employee of the Minneapolis Community
5.27 Development Agency made a prior service credit purchase payment
5.28 under Minnesota Statutes 2002, section 356.55, in an amount that
5.29 is greater than the actually required payment amount because of
5.30 the use of an inaccurate salary figure or other similar
5.31 reporting or clerical error, the general employees retirement
5.32 plan of the Public Employees Retirement Association may pay
5.33 interest on the overage amount at an annual compound rate of six
5.34 percent per year.
5.35 Sec. 4. RETURN OF PRIOR SERVICE CREDIT PURCHASE PAYMENT
5.36 FOR CERTAIN MINNEAPOLIS CITY EMPLOYEES.
6.1 (a) An eligible person, upon written application, may
6.2 receive a return of a prior service credit purchase payment
6.3 under Minnesota Statutes 2002, section 356.55, plus interest on
6.4 the amount at an annual compound rate of six percent per year.
6.5 The return amount and interest must be made in an
6.6 institution‑to‑institution transfer to a federal tax qualified
6.7 retirement plan or account and may not be paid directly to an
6.8 individual.
6.9 (b) An eligible person is a person who was an employee of
6.10 the Minneapolis Community Development Agency and made a payment
6.11 for the purchase of prior service credit under Laws 2003,
6.12 chapter 127, article 12, section 31, subdivision 4, and
6.13 Minnesota Statutes 2002, section 356.55, in an erroneous amount
6.14 because of an inaccurate salary figure supplied by the employing
6.15 agency."
6.16 Page 67, line 23, before "Sections" insert "(a)"
6.17 Page 67, after line 23, insert:
6.18 "(b) Sections 3 and 4 are effective on the day following
6.19 final enactment.
6.20 (c) Section 4 expires on June 30, 2005."
6.21 Page 68, after line 3, insert:
6.22 "Sec. 2. Minnesota Statutes 2004, section 471A.10, is
6.23 amended to read:
6.24 471A.10 PUBLIC EMPLOYEE LAWS; SALE OR LEASE OF EXISTING
6.25 FACILITY.
6.26 (a) Unless expressly provided therein, and except as
6.27 provided in this section, no state law, charter provision, or
6.28 ordinance of a municipality relating to public employees shall
6.29 apply to a person solely by reason of that person's employment
6.30 by a private vendor in connection with services rendered under a
6.31 service contract.
6.32 (b) A private vendor purchasing or leasing existing related
6.33 facilities from a municipality or operating or maintaining the
6.34 facility shall recognize all exclusive bargaining
6.35 representatives and existing labor agreements and those
6.36 agreements shall remain in force until they expire by their
7.1 terms. Persons who are not who were employed by a municipality
7.2 in a related facility at the time of and who were members of the
7.3 Public Employees Retirement Association general plan due to that
7.4 employment are not permitted to remain as active members of the
7.5 plan following a lease or purchase of the facility by the a
7.6 private vendor are not "public employees" within the meaning of
7.7 the Public Employees Retirement Act, chapter 353. Persons
7.8 employed by a municipality in a related facility at the time of
7.9 a lease or purchase of the facility by a private vendor shall
7.10 continue to be considered to be "public employees" within the
7.11 meaning of the Public Employees Retirement Act, chapter 353, but
7.12 may elect to terminate their participation in the Public
7.13 Employees Retirement Association as provided in this section.
7.14 Each such employee may exercise the election annually on the
7.15 anniversary of the person's initial employment by the
7.16 municipality. An employee electing to terminate participation
7.17 in the association is entitled to benefits that the employee
7.18 would be entitled to if terminating public employment and may
7.19 participate in a retirement program established by the private
7.20 vendor."
7.21 Page 71, after line 8, insert:
7.22 "(g) Section 2 is effective on the day following final
7.23 enactment and applies to privatizations occurring on or after
7.24 the effective date."
7.25 Page 165, after line 27, insert:
7.26 "Sec. 3. Minnesota Statutes 2004, section 383B.46,
7.27 subdivision 2, is amended to read:
7.28 Subd. 2. ESTABLISHMENT OF ACCOUNT; CONTRIBUTIONS. The
7.29 county of Hennepin shall deduct from the salary of every person
7.30 who is eligible for coverage and who elected to retain or obtain
7.31 coverage by the Hennepin County supplemental retirement program
7.32 a sum equal to one percent of the total salary of the person.
7.33 Any classified or unclassified employee who is employed in
7.34 subsidized on‑the‑job training, work experience or public
7.35 service employment as an enrollee under the federal
7.36 Comprehensive Employment and Training Act shall not be included
8.1 in the supplemental retirement account from and after March 30,
8.2 1978 unless the employee has as of the later of March 30, 1978
8.3 or the date of employment sufficient service credit in the
8.4 public employees retirement fund or the Minneapolis municipal
8.5 employees retirement fund, whichever is applicable, to meet the
8.6 minimum vesting requirements for a deferred retirement annuity,
8.7 or the county agrees in writing to make the required employer
8.8 contributions on account of the individual from revenue sources
8.9 other than funds provided under the federal Comprehensive
8.10 Employment and Training Act, or the employee agrees in writing
8.11 to make the required employer contribution in addition to the
8.12 employee contribution. The deduction shall be made in the same
8.13 manner as other retirement deductions are made from the salary
8.14 of the person. An amount equal to the amounts deducted during
8.15 each payroll period shall be contributed by the county of
8.16 Hennepin. The total amount deducted and contributed shall be
8.17 deposited to the credit of the supplemental retirement account
8.18 in the treasury of the county of Hennepin a separate account
8.19 administered by the Minnesota State Retirement System on behalf
8.20 of Hennepin County. The Hennepin County supplemental retirement
8.21 account is hereby established as an account separate and
8.22 distinct from other funds, accounts, or assets of the county of
8.23 Hennepin.
8.24 Sec. 4. Minnesota Statutes 2004, section 383B.47, is
8.25 amended to read:
8.26 383B.47 PARTICIPATION IN MINNESOTA SUPPLEMENTAL INVESTMENT
8.27 FUND.
8.28 With the moneys deposited to the credit of the supplemental
8.29 retirement account in the treasury of the county of Hennepin,
8.30 the county of Hennepin, the Minnesota State Retirement System
8.31 shall purchase shares on behalf of Hennepin County in the
8.32 accounts of the Minnesota supplemental investment fund as
8.33 provided in section 383B.48.
8.34 Sec. 5. Minnesota Statutes 2004, section 383B.48, is
8.35 amended to read:
8.36 383B.48 BUYING STATE SUPPLEMENTAL INVESTMENT FUND SHARES.
9.1 At the time a person becomes eligible for coverage and
9.2 elects to obtain coverage by the Hennepin County supplemental
9.3 retirement program and before November 1 of each subsequent
9.4 year, A participant in the Hennepin County supplemental
9.5 retirement program shall indicate in writing on a form provided
9.6 by the county of Hennepin the account of the Minnesota
9.7 supplemental investment fund in which the participant wishes
9.8 salary deductions and county matching contributions attributable
9.9 to salary deductions to be invested for the subsequent 12‑month
9.10 period such time as allowed by the Minnesota State Retirement
9.11 System. For that 12‑month period, The county of Hennepin
9.12 Minnesota State Retirement System shall purchase with the salary
9.13 deductions and county matching funds attributable to the salary
9.14 deductions shares in the appropriate account of the Minnesota
9.15 supplemental investment fund in accordance with the indicated
9.16 preferences of the participant. However, the county of Hennepin
9.17 has the authority to determine which accounts of the Minnesota
9.18 supplemental investment fund will be available for participant
9.19 investment. The shares purchased must stand in the name of the
9.20 county of Hennepin. A record must be kept by the county of
9.21 Hennepin Minnesota State Retirement System indicating the number
9.22 of shares in each account of the Minnesota supplemental
9.23 investment fund purchased with the salary deductions and county
9.24 matching funds attributable to the salary deductions of each
9.25 participant. The record must be known as the "participant's
9.26 share account record." The participant's share account record
9.27 must show, in addition to the number of shares in the account,
9.28 any cash balance of salary deductions or county matching funds
9.29 attributable to those deductions which stand uninvested in
9.30 shares. At the option of the county of Hennepin, and subject to
9.31 any terms and conditions established and communicated in writing
9.32 by the county to a participant, the participant may designate no
9.33 more often than once each calendar quarter month that prior
9.34 salary deductions and county matching contributions attributable
9.35 to the salary deductions, together with any interest earned, be
9.36 reinvested in another account of the Minnesota supplemental
10.1 investment fund made available by the county of Hennepin.
10.2 Sec. 6. Minnesota Statutes 2004, section 383B.49, is
10.3 amended to read:
10.4 383B.49 SUPPLEMENTAL RETIREMENT BENEFITS; REDEMPTION OF
10.5 SHARES.
10.6 When requested to do so, in writing, on forms provided by
10.7 the county Minnesota State Retirement System, by a participant,
10.8 surviving spouse, a guardian of a surviving child or a personal
10.9 representative, whichever is applicable, the county of Hennepin
10.10 Minnesota State Retirement System shall on behalf of Hennepin
10.11 County redeem shares in the accounts of the Minnesota
10.12 supplemental investment fund standing in a participant's share
10.13 account record under the following circumstances and in
10.14 accordance with the laws and regulations governing the Minnesota
10.15 supplemental investment fund:
10.16 (1) A participant who is no longer employed by the county
10.17 of Hennepin is entitled to receive the cash realized on the
10.18 redemption of the shares to the credit of the participant's
10.19 share account record of the person. The participant may request
10.20 the redemption of all or a portion of the shares in the
10.21 participant's share account record of the person, but may not
10.22 request more than one redemption in any one calendar year. If
10.23 only a portion of the shares in the participant's share account
10.24 record is requested to be redeemed the person may request to
10.25 redeem not less than 20 percent of the shares in any one
10.26 calendar year and the redemption must be completed in no more
10.27 than five years. The person may select annual redemption in a
10.28 single lump sum or in monthly payments. An election is
10.29 irrevocable except that a participant may request an amendment