1.2relating to retirement; Public Employees Retirement Association; excluding from
1.3coverage temporary employees of the city of St. Paul and Independent School
1.4District No. 625, St. Paul, who are covered by the Minnesota Laborers Pension
1.5Fund; allowing a coverage election;amending Minnesota Statutes 2016, section
1.6353.01, subdivision 2b.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8    Section 1. Minnesota Statutes 2016, section 353.01, subdivision 2b, is amended to read:
1.9    Subd. 2b. Excluded employees. (a) The following public employees are not eligible to
1.10participate as members of the association with retirement coverage by the general employees
1.11retirement plan, the local government correctional employees retirement plan under chapter
1.12353E, or the public employees police and fire retirement plan:
1.13    (1) persons whose annual salary from one governmental subdivision never exceeds an
1.14amount, stipulated in writing in advance, of $5,100 if the person is not a school district
1.15employee or $3,800 if the person is a school year employee. If annual compensation from
1.16one governmental subdivision to an employee exceeds the stipulated amount in a calendar
1.17year or a school year, whichever applies, after being stipulated in advance not to exceed the
1.18applicable amount, the stipulation is no longer valid and contributions must be made on
1.19behalf of the employee under section 353.27, subdivision 12, from the first month in which
1.20the employee received salary exceeding $425 in a month;
1.21(2) public officers who are elected to a governing body, city mayors, or persons who
1.22are appointed to fill a vacancy in an elective office of a governing body, whose term of
1.23office commences on or after July 1, 2002, for the service to be rendered in that elective
1.24position;
2.1    (3) election judges and persons employed solely to administer elections;
2.2    (4) patient and inmate personnel who perform services for a governmental subdivision;
2.3    (5) except as otherwise specified in subdivision 12a, employees who are employed solely
2.4in a temporary position as defined under subdivision 12a, and employees who resign from
2.5a nontemporary position and accept a temporary position within 30 days of that resignation
2.6in the same governmental subdivision;
2.7    (6) employees who are employed by reason of work emergency caused by fire, flood,
2.8storm, or similar disaster, but if the person becomes a probationary or provisional employee
2.9within the same pay period, other than on a temporary basis, the person is a "public
2.10employee" retroactively to the beginning of the pay period;
2.11    (7) employees who by virtue of their employment in one governmental subdivision are
2.12required by law to be a member of and to contribute to any of the plans or funds administered
2.13by the Minnesota State Retirement System, the Teachers Retirement Association, or the St.
2.14Paul Teachers Retirement Fund Association, but this exclusion must not be construed to
2.15prevent a person from being a member of and contributing to the Public Employees
2.16Retirement Association and also belonging to and contributing to another public pension
2.17plan or fund for other service occurring during the same period of time, and a person who
2.18meets the definition of "public employee" in subdivision 2 by virtue of other service occurring
2.19during the same period of time becomes a member of the association unless contributions
2.20are made to another public retirement plan on the salary based on the other service or to the
2.21Teachers Retirement Association by a teacher as defined in section 354.05, subdivision 2;
2.22    (8) persons who are members of a religious order and are excluded from coverage under
2.23the federal Old Age, Survivors, Disability, and Health Insurance Program for the performance
2.24of service as specified in United States Code, title 42, section 410(a)(8)(A), as amended, if
2.25no irrevocable election of coverage has been made under section 3121(r) of the Internal
2.26Revenue Code of 1954, as amended;
2.27    (9) persons who are:
2.28    (i) employed by a governmental subdivision who have not reached the age of 23 and
2.29who are enrolled on a full-time basis to attend or are attending classes on a full-time basis
2.30at an accredited school, college, or university in an undergraduate, graduate, or
2.31professional-technical program, or at a public or charter high school;
3.1    (ii) employed as resident physicians, medical interns, pharmacist residents, or pharmacist
3.2interns and are serving in a degree or residency program in a public hospital or in a public
3.3clinic; or
3.4    (iii) students who are serving for a period not to exceed five years in an internship or a
3.5residency program that is sponsored by a governmental subdivision, including an accredited
3.6educational institution;
3.7    (10) persons who hold a part-time adult supplementary technical college license who
3.8render part-time teaching service in a technical college;
3.9    (11) except for employees of Hennepin County or employees of Hennepin Healthcare
3.10System, Inc., foreign citizens who are employed by a governmental subdivision under a
3.11work permit or under an H-1b visa initially issued or extended for a combined period of
3.12less than three years of employment but upon extension of the employment of the visa
3.13beyond the three-year period, the foreign citizen must be reported for membership beginning
3.14on the first of the month following the extension if the monthly earnings threshold as provided
3.15under subdivision 2a, paragraph (a), is met;
3.16    (12) public hospital employees who elected not to participate as members of the
3.17association before 1972 and who did not elect to participate from July 1, 1988, to October
3.181, 1988;
3.19    (13) except as provided in section 353.86, volunteer ambulance service personnel, as
3.20defined in subdivision 35, but persons who serve as volunteer ambulance service personnel
3.21may still qualify as public employees under subdivision 2 and may be members of the Public
3.22Employees Retirement Association and participants in the general employees retirement
3.23plan or the public employees police and fire plan, whichever applies, on the basis of
3.24compensation received from public employment service other than service as volunteer
3.25ambulance service personnel;
3.26    (14) except as provided in section 353.87, volunteer firefighters, as defined in subdivision
3.2736, engaging in activities undertaken as part of volunteer firefighter duties, but a person
3.28who is a volunteer firefighter may still qualify as a public employee under subdivision 2
3.29and may be a member of the Public Employees Retirement Association and a participant
3.30in the general employees retirement plan or the public employees police and fire plan,
3.31whichever applies, on the basis of compensation received from public employment activities
3.32other than those as a volunteer firefighter;
3.33    (15) pipefitters and associated trades personnel employed by Independent School District
3.34No. 625, St. Paul, with coverage under a collective bargaining agreement by the pipefitters
4.1local 455 pension plan who were either first employed after May 1, 1997, or, if first employed
4.2before May 2, 1997, elected to be excluded under Laws 1997, chapter 241, article 2, section
4.312;
4.4    (16) electrical workers, plumbers, carpenters, and associated trades personnel who are
4.5employed by Independent School District No. 625, St. Paul, or the city of St. Paul, who
4.6have retirement coverage under a collective bargaining agreement by the Electrical Workers
4.7Local 110 pension plan, the United Association Plumbers Local 34 pension plan, or the
4.8pension plan applicable to Carpenters Local 322 who were either first employed after May
4.91, 2000, or, if first employed before May 2, 2000, elected to be excluded under Laws 2000,
4.10chapter 461, article 7, section 5;
4.11    (17) bricklayers, allied craftworkers, cement masons, glaziers, glassworkers, painters,
4.12allied tradesworkers, and plasterers who are employed by the city of St. Paul or Independent
4.13School District No. 625, St. Paul, with coverage under a collective bargaining agreement
4.14by the Bricklayers and Allied Craftworkers Local 1 pension plan, the Cement Masons Local
4.15633 pension plan, the Glaziers and Glassworkers Local L-1324 pension plan, the Painters
4.16and Allied Trades Local 61 pension plan, or the Twin Cities Plasterers Local 265 pension
4.17plan who were either first employed after May 1, 2001, or if first employed before May 2,
4.182001, elected to be excluded under Laws 2001, First Special Session chapter 10, article 10,
4.19section 6;
4.20    (18) plumbers who are employed by the Metropolitan Airports Commission, with
4.21coverage under a collective bargaining agreement by the Plumbers Local 34 pension plan,
4.22who either were first employed after May 1, 2001, or if first employed before May 2, 2001,
4.23elected to be excluded under Laws 2001, First Special Session chapter 10, article 10, section
4.246;
4.25    (19) employees who are hired after June 30, 2002, solely to fill seasonal positions under
4.26subdivision 12b which are limited in duration by the employer to 185 consecutive calendar
4.27days or less in each year of employment with the governmental subdivision;
4.28    (20) persons who are provided supported employment or work-study positions by a
4.29governmental subdivision and who participate in an employment or industries program
4.30maintained for the benefit of these persons where the governmental subdivision limits the
4.31position's duration to up to five years, including persons participating in a federal or state
4.32subsidized on-the-job training, work experience, senior citizen, youth, or unemployment
4.33relief program where the training or work experience is not provided as a part of, or for,
4.34future permanent public employment;
5.1    (21) independent contractors and the employees of independent contractors;
5.2    (22) reemployed annuitants of the association during the course of that reemployment;
5.3(23) persons appointed to serve on a board or commission of a governmental subdivision
5.4or an instrumentality thereof;
5.5(24) persons employed as full-time fixed-route bus drivers by the St. Cloud Metropolitan
5.6Transit Commission who are members of the International Brotherhood of Teamsters Local
5.7638 and who are, by virtue of that employment, members of the International Brotherhood
5.8of Teamsters Central States pension plan; and
5.9(25) electricians or pipefitters employed by the Minneapolis Park and Recreation Board,
5.10with coverage under a collective bargaining agreement by the IBEW local 292, or pipefitters
5.11local 539 pension plan, who were first employed before May 2, 2015, and who elected to
5.12be excluded under Laws 2015, chapter 68, article 11, section 5.; and
5.13(26) laborers and associated trades personnel employed by the city of St. Paul or
5.14Independent School District No. 625, St. Paul, who are designated as temporary employees
5.15under a collective bargaining agreement and have retirement coverage by the Minnesota
5.16Laborers Pension Fund, who were either first employed on or after June 1, 2018, or, if first
5.17employed before June 1, 2018, who elected to be excluded under section 2.
5.18(b) Any person performing the duties of a public officer in a position defined in
5.19subdivision 2a, paragraph (a), clause (3), is not an independent contractor and is not an
5.20employee of an independent contractor.
5.21EFFECTIVE DATE.This section is effective the day following final enactment.

5.22    Sec. 2. CERTAIN ST. PAUL LABORERS AND ASSOCIATED TRADES
5.23PERSONNEL; COVERAGE EXCLUSION ELECTION.
5.24(a) A laborer or an associated trades person who is employed by the city of St. Paul or
5.25Independent School District No. 625, St. Paul, before June 1, 2018, and is designated as a
5.26temporary employee under a collective bargaining agreement and who has pension coverage
5.27by the Minnesota Laborers Pension Fund may elect to be excluded from pension coverage
5.28by the general employees retirement plan. The exclusion election under this section must
5.29be made in writing on a form prescribed by the executive director and must be filed with
5.30the executive director. The exclusion election is irrevocable.
5.31(b) Authority to make the coverage exclusion under this section expires June 1, 2019.
5.32EFFECTIVE DATE.This section is effective the day following final enactment.