LCPR05-292
1.1 ............... moves to amend H.F. No. 2092, the first
1.2 engrossment (H2092‑1), as follows:
1.3 Page 3, line 33, before "section" insert "Minnesota
1.4 Statutes 2004,"
1.5 Page 18, after line 11, insert:
1.6 "Sec. 32. Minnesota Statutes 2004, section 352C.10, is
1.7 amended to read:
1.8 352C.10 BENEFIT ADJUSTMENTS.
1.9 Retirement allowances payable to retired constitutional
1.10 officers pursuant to section 352C.031 and surviving spouse
1.11 benefits payable pursuant to section 352C.04, shall must be
1.12 adjusted in the same manner, at the same times and in the same
1.13 amounts as are benefits payable from the Minnesota
1.14 postretirement investment fund to retirees of a participating
1.15 public pension fund.
1.16 Sec. 33. Minnesota Statutes 2004, section 352D.02,
1.17 subdivision 1, is amended to read:
1.18 Subdivision 1. COVERAGE. (a) Employees enumerated in
1.19 paragraph (c), clauses (2), (3), (4), and (6) to (14), if they
1.20 are in the unclassified service of the state or Metropolitan
1.21 Council and are eligible for coverage under the general state
1.22 employees retirement plan under chapter 352, are participants in
1.23 the unclassified plan under this chapter unless the employee
1.24 gives notice to the executive director of the Minnesota State
2.1 Retirement System within one year following the commencement of
2.2 employment in the unclassified service that the employee desires
2.3 coverage under the general state employees retirement plan. For
2.4 the purposes of this chapter, an employee who does not file
2.5 notice with the executive director is deemed to have exercised
2.6 the option to participate in the unclassified plan.
2.7 (b) Persons referenced in paragraph (c), clauses (1) and
2.8 clause (5), are participants in the unclassified program under
2.9 this chapter unless the person is eligible to elect different
2.10 coverage under section 3A.07 or 352C.011 and, after July 1,
2.11 1998, elects elected retirement coverage by the applicable
2.12 alternative retirement plan. Persons referenced in paragraph
2.13 (c), clause (15), are participants in the unclassified program
2.14 under this chapter for judicial employment in excess of the
2.15 service credit limit in section 490.121, subdivision 22.
2.16 (c) Enumerated employees and referenced persons are:
2.17 (1) the governor, the lieutenant governor, the secretary of
2.18 state, the state auditor, and the attorney general;
2.19 (2) an employee in the Office of the Governor, Lieutenant
2.20 Governor, Secretary of State, State Auditor, Attorney General;
2.21 (3) an employee of the State Board of Investment;
2.22 (4) the head of a department, division, or agency created
2.23 by statute in the unclassified service, an acting department
2.24 head subsequently appointed to the position, or an employee
2.25 enumerated in section 15A.0815 or 15A.083, subdivision 4;
2.26 (5) a member of the legislature;
2.27 (6) a full‑time unclassified employee of the legislature or
2.28 a commission or agency of the legislature who is appointed
2.29 without a limit on the duration of the employment or a temporary
2.30 legislative employee having shares in the supplemental
2.31 retirement fund as a result of former employment covered by this
2.32 chapter, whether or not eligible for coverage under the
2.33 Minnesota State Retirement System;
2.34 (7) a person who is employed in a position established
2.35 under section 43A.08, subdivision 1, clause (3), or in a
2.36 position authorized under a statute creating or establishing a
3.1 department or agency of the state, which is at the deputy or
3.2 assistant head of department or agency or director level;
3.3 (8) the regional administrator, or executive director of
3.4 the Metropolitan Council, general counsel, division directors,
3.5 operations managers, and other positions as designated by the
3.6 council, all of which may not exceed 27 positions at the council
3.7 and the chair;
3.8 (9) the executive director, associate executive director,
3.9 and not to exceed nine positions of the Higher Education
3.10 Services Office in the unclassified service, as designated by
3.11 the Higher Education Services Office before January 1, 1992, or
3.12 subsequently redesignated with the approval of the board of
3.13 directors of the Minnesota State Retirement System, unless the
3.14 person has elected coverage by the individual retirement account
3.15 plan under chapter 354B;
3.16 (10) the clerk of the appellate courts appointed under
3.17 article VI, section 2, of the Constitution of the state of
3.18 Minnesota;
3.19 (11) the chief executive officers of correctional
3.20 facilities operated by the Department of Corrections and of
3.21 hospitals and nursing homes operated by the Department of Human
3.22 Services;
3.23 (12) an employee whose principal employment is at the state
3.24 ceremonial house;
3.25 (13) an employee of the Minnesota Educational Computing
3.26 Corporation;
3.27 (14) an employee of the State Lottery who is covered by the
3.28 managerial plan established under section 43A.18, subdivision 3;
3.29 and
3.30 (15) a judge who has exceeded the service credit limit in
3.31 section 490.121, subdivision 22.
3.32 Sec. 34. Minnesota Statutes 2004, section 355.01,
3.33 subdivision 3e, is amended to read:
3.34 Subd. 3e. JUDGE. "Judge" means a judge as defined in
3.35 section 490.121, subdivision 3 21a.
3.36 Sec. 35. Minnesota Statutes 2004, section 356.65,
4.1 subdivision 2, is amended to read:
4.2 Subd. 2. DISPOSITION OF ABANDONED AMOUNTS. Any unclaimed
4.3 public pension fund amounts existing in any public pension fund
4.4 are presumed to be abandoned, but are not subject to the
4.5 provisions of sections 345.31 to 345.60. Unless the benefit
4.6 plan of the public pension fund specifically provides for a
4.7 different disposition of unclaimed or abandoned funds or
4.8 amounts, any unclaimed public pension fund amounts cancel and
4.9 must be credited to the public pension fund. If the unclaimed
4.10 public pension fund amount exceeds $25 and the inactive or
4.11 former member again becomes a member of the applicable public
4.12 pension plan or applies for a retirement annuity under section
4.13 3A.12, 352.72, 352B.30, 352C.051, 353.71, 354.60, 356.30, or
4.14 422A.16, subdivision 8, whichever applies, the canceled amount
4.15 must be restored to the credit of the person."
4.16 Page 20, line 36, reinstate the stricken "payable" and
4.17 delete "paid"
4.18 Page 29, line 16, before "section" insert "Minnesota
4.19 Statutes 2004,"
4.20 Page 29, line 30, after "under" insert "Minnesota Statutes
4.21 2004,"
4.22 Page 31, after line 18, insert:
4.23 Sec. 77. Minnesota Statutes 2004, section 490.125,
4.24 subdivision 2, is amended to read:
4.25 Subd. 2. EXCEPTION. Except as provided by sections
4.26 490.025, subdivision 3, 490.102, subdivisions 3 and 3a and
4.27 490.12, subdivision 2, Any judge in office on December 31, 1973
4.28 who shall have attained 70 years of age on or prior to such date
4.29 shall retire upon the expiration of the term of office of such
4.30 judge."
4.31 Page 31, line 25, strike "490.16" and insert "490A.02"
4.32 Page 32, line 24, before "sections" insert "Minnesota
4.33 Statutes 2004,"
4.34 Page 35, after line 7, insert:
4.35 "Sec. 82. 490A.03 PERSONS AFFECTED.
4.36 The provisions of sections 490A.01 and 490A.02 apply to all
5.1 judges, judicial officers, and referees.
5.2 Sec. 83. Minnesota Statutes 2004, section 525.05, is
5.3 amended to read:
5.4 525.05 JUDGE OR REFEREE; GROUNDS FOR DISQUALIFICATION.
5.5 The following shall be grounds for disqualification of any
5.6 judge or referee from acting in any matter: (1) That the judge
5.7 or the judge's spouse or any of either of their kin nearer than
5.8 first cousin is interested as representative, heir, devisee,
5.9 legatee, ward, or creditor in the estate involved therein; (2)
5.10 that it involves the validity or interpretation of a will drawn
5.11 or witnessed by the judge; (3) that the judge may be a necessary
5.12 witness in the matter; (4) that it involves a property right in
5.13 respect to which the judge has been engaged or is engaged as an
5.14 attorney; or (5) that the judge was engaged in a joint
5.15 enterprise for profit with the decedent at the time of death or
5.16 that the judge is then engaged in a joint enterprise for profit
5.17 with any person interested in the matter as representative,
5.18 heir, devisee, legatee, ward, or creditor. When grounds for
5.19 disqualification exist, the judge may, and upon proper petition
5.20 of any person interested in the estate must, request another
5.21 judge or a judge who has retired as provided in section 490.12,
5.22 subdivision 2, to act in the judge's stead in the matter."
5.23 Page 35, line 11, delete "1" and insert "1a"
5.24 Page 35, line 19, after "490.025" delete the comma
5.25 Page 35, line 20, delete "subdivisions 1, 2, 3, 4, and 6"
5.26 Page 35, line 23, after "20" insert "; 490.124, subdivision
5.27 6; and 490.132"
5.28 Page 35, line 26, after "sections" delete the balance of
5.29 the line and insert "490.15, 490.16, and 490.18"
5.30 Page 35, delete lines 27 and 28
5.31 Page 35, line 29, delete everything through "20"
5.32 Page 36, after line 11, insert:
5.33 "Sec. 85. REVISOR INSTRUCTIONS.
5.34 (a) In Minnesota Statutes, chapters 352, 352D, 355, 356,
5.35 and 487, the revisor of statutes shall change references to
5.36 "sections 490.121 to 490.132" to "chapter 490".
6.1 (b) In Minnesota Statutes, chapter 490, the revisor of
6.2 statutes shall change references to "sections 490.121 to
6.3 490.132" to "this chapter".
6.4 (c) In Minnesota Statutes, sections 175A.01, subdivision 4,
6.5 and 271.01, subdivision 1, the revisor of statutes shall change
6.6 references to "sections 490.15 and 490.16" to "sections 490A.01
6.7 and 490A.02"."
6.8 Page 51, line 32, reinstate the stricken "payable" and
6.9 delete "paid"
6.10 Page 52, line 25, delete "paragraphs" and insert "paragraph"
6.11 and delete "and" and insert "or" and delete "is applicable" and
6.12 insert "applies"
6.13 Page 66, line 1, delete "EXCLUSION" and insert "INCLUSIONS
6.14 AND EXCLUSIONS"
6.15 Page 96, line 1, strike "state board" and insert "covered
6.16 pension plan"
6.17 Page 104, line 34, after "annually" insert an underscored
6.18 comma
6.19 Page 95, line 36, strike "state board" and insert "covered
6.20 pension plan"
6.21 Page 106, line 21, delete "benefit"
6.22 Page 106, lines 25, 31, and 35, delete "financial" and
6.23 insert "an investment return"
6.24 Page 109, line 32, after "firefighter" insert "before
6.25 consolidation, the service pension amount"
6.26 Page 110, lines 15, 17, 19, 21, 23, and 25, after "members"
6.27 insert "who are"
6.28 Page 111, line 3, after "whether" insert "or not"
6.29 Page 111, line 5, delete "fire" and insert "firefighter
6.30 retirement"
6.31 Page 111, line 11, after "regional" insert "volunteer
6.32 firefighter retirement"
6.33 Page 154, line 16, strike "state board" and insert "covered
6.34 pension plan"
6.35 Page 170, line 5, delete "3" and insert "4"
6.36 Page 170, line 9, delete "4" and insert "3"
7.1 Renumber the sections in sequence
7.2 Correct the internal references
7.3 Amend the title accordingly