Bill Text: MN HF1894 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Stevens County Housing and Redevelopment Authority employee inclusion provided in the Public Employees Retirement Association (PERA).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-25 - Introduction and first reading, referred to Government Operations [HF1894 Detail]
Download: Minnesota-2013-HF1894-Introduced.html
1.2relating to retirement; providing that employees of the Stevens County Housing
1.3and Redevelopment Authority are included in the Public Employees Retirement
1.4Association;amending Minnesota Statutes 2013 Supplement, section 353.01,
1.5subdivisions 2a, 6.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2013 Supplement, section 353.01, subdivision 2a,
1.8is amended to read:
1.9 Subd. 2a. Included employees; mandatory membership. (a) Public employees
1.10whose salary exceeds $425 in any month and who are not specifically excluded under
1.11subdivision 2b or who have not been provided an option to participate under subdivision
1.122d, whether individually or by action of the governmental subdivision, must participate as
1.13members of the association with retirement coverage by the general employees retirement
1.14plan under this chapter, the public employees police and fire retirement plan under this
1.15chapter, or the local government correctional employees retirement plan under chapter
1.16353E, whichever applies. Membership commences as a condition of their employment on
1.17the first day of their employment or on the first day that the eligibility criteria are met,
1.18whichever is later. Public employees include but are not limited to:
1.19(1) persons whose salary meets the threshold in this paragraph from employment in
1.20one or more positions within one governmental subdivision;
1.21(2) elected county sheriffs;
1.22(3) persons who are appointed, employed, or contracted to perform governmental
1.23functions that by law or local ordinance are required of a public officer, including, but
1.24not limited to:
1.25(i) town and city clerk or treasurer;
2.1(ii) county auditor, treasurer, or recorder;
2.2(iii) city manager as defined in section353.028 who does not exercise the option
2.3provided under subdivision 2d; or
2.4(iv) emergency management director, as provided under section12.25 ;
2.5(4) physicians under section353D.01, subdivision 2 , who do not elect public
2.6employees defined contribution plan coverage under section353D.02, subdivision 2 ;
2.7(5) full-time employees of the Dakota County Agricultural Society;
2.8(6) employees of the Red Wing Port Authority who were first employed by the
2.9Red Wing Port Authority before May 1, 2011, and who are not excluded employees
2.10under subdivision 2b;and
2.11(7) employees of the Seaway Port Authority of Duluth who are not excluded
2.12employees under subdivision 2b; and
2.13(8) employees of the Stevens County Housing and Redevelopment Authority who
2.14were first employed by the Stevens County Housing and Redevelopment Authority before
2.15May 1, 2014, and who are not excluded employees under subdivision 2b.
2.16 (b) A public employee or elected official who was a member of the association on
2.17June 30, 2002, based on employment that qualified for membership coverage by the public
2.18employees retirement plan or the public employees police and fire plan under this chapter,
2.19or the local government correctional employees retirement plan under chapter 353E as of
2.20June 30, 2002, retains that membership for the duration of the person's employment in that
2.21position or incumbency in elected office. Except as provided in subdivision 28, the person
2.22shall participate as a member until the employee or elected official terminates public
2.23employment under subdivision 11a or terminates membership under subdivision 11b.
2.24(c) If the salary of an included public employee is less than $425 in any subsequent
2.25month, the member retains membership eligibility.
2.26(d) For the purpose of participation in the MERF division of the general employees
2.27retirement plan, public employees include employees who were members of the former
2.28Minneapolis Employees Retirement Fund on June 29, 2010, and who participate as
2.29members of the MERF division of the association.
2.30EFFECTIVE DATE.This section is effective the day following final enactment.
2.31 Sec. 2. Minnesota Statutes 2013 Supplement, section 353.01, subdivision 6, is
2.32amended to read:
2.33 Subd. 6. Governmental subdivision. (a) "Governmental subdivision" means a
2.34county, city, town, school district within this state, or a department, unit or instrumentality
2.35of state or local government, or any public body established under state or local
3.1authority that has a governmental purpose, is under public control, is responsible for the
3.2employment and payment of the salaries of employees of the entity, and receives a major
3.3portion of its revenues from taxation, fees, assessments or from other public sources.
3.4 (b) Governmental subdivision also means the Public Employees Retirement
3.5Association, the League of Minnesota Cities, the Association of Metropolitan
3.6Municipalities, charter schools formed under section124D.10 , service cooperatives
3.7exercising retirement plan participation under section123A.21, subdivision 5 , joint
3.8powers boards organized under section471.59, subdivision 11 , paragraph (a), family
3.9service collaboratives and children's mental health collaboratives organized under
3.10section471.59 , subdivision 11, paragraph (b) or (c), provided that the entities creating
3.11the collaboratives are governmental units that otherwise qualify for retirement plan
3.12membership, public hospitals owned or operated by, or an integral part of, a governmental
3.13subdivision or governmental subdivisions, the Association of Minnesota Counties, the
3.14Minnesota Inter-county Association, the Minnesota Municipal Utilities Association, the
3.15Metropolitan Airports Commission, the University of Minnesota with respect to police
3.16officers covered by the public employees police and fire retirement plan, the Minneapolis
3.17Employees Retirement Fund for employment initially commenced after June 30, 1979, the
3.18Range Association of Municipalities and Schools, soil and water conservation districts,
3.19economic development authorities created or operating under sections469.090 to
469.108 ,
3.20the Port Authority of the city of St. Paul, the Seaway Port Authority of Duluth, the
3.21Red Wing Port Authority, the Stevens County Housing and Redevelopment Authority,
3.22 the Spring Lake Park Fire Department, incorporated, the Lake Johanna Volunteer Fire
3.23Department, incorporated, the Red Wing Environmental Learning Center, the Dakota
3.24County Agricultural Society, and Hennepin Healthcare System, Inc.
3.25 (c) Governmental subdivision does not mean any municipal housing and
3.26redevelopment authority organized under the provisions of sections469.001 to
469.047
3.27 other than the Stevens County Housing and Redevelopment Authority; or any port authority
3.28organized under sections469.048 to
469.089 other than the Port Authority of the city of St.
3.29Paul or the Seaway Port Authority of Duluth and other than the Red Wing Port Authority;
3.30or any hospital district organized or reorganized prior to July 1, 1975, under sections447.31
3.31to447.37 or the successor of the district; or the board of a family service collaborative
3.32or children's mental health collaborative organized under sections124D.23 ,
245.491 to
3.33245.495
, or
471.59 , if that board is not controlled by representatives of governmental units.
3.34 (d) A nonprofit corporation governed by chapter 317A or organized under Internal
3.35Revenue Code, section 501(c)(3), which is not covered by paragraph (a) or (b), is not a
3.36governmental subdivision unless the entity has obtained a written advisory opinion from
4.1the United States Department of Labor or a ruling from the Internal Revenue Service
4.2declaring the entity to be an instrumentality of the state so as to provide that any future
4.3contributions by the entity on behalf of its employees are contributions to a governmental
4.4plan within the meaning of Internal Revenue Code, section 414(d).
4.5 (e) A public body created by state or local authority may request membership on
4.6behalf of its employees by providing sufficient evidence that it meets the requirements in
4.7paragraph (a).
4.8 (f) An entity determined to be a governmental subdivision is subject to the reporting
4.9requirements of this chapter upon receipt of a written notice of eligibility from the
4.10association.
4.11EFFECTIVE DATE.This section is effective the day following final enactment.
4.12 Sec. 3. VALIDATION OF PAST RETIREMENT COVERAGE
4.13AND CONTRIBUTIONS FOR STEVENS COUNTY HOUSING AND
4.14REDEVELOPMENT AUTHORITY EMPLOYEES.
4.15(a) Retirement coverage by the general employees plan of the Public Employees
4.16Retirement Association, allowable service credit, and salary credit for employees of the
4.17Stevens County Housing and Redevelopment Authority who were so employed after
4.18November 7, 1984, and were first so employed before May 1, 2014, who had monthly
4.19salary in any month of at least $325 until June 30, 1988, and who had monthly salary in
4.20any month of at least $425 after June 30, 1988, who were not otherwise excluded under
4.21the applicable edition of Minnesota Statutes, section 353.01, subdivision 2b, and who had
4.22member deductions taken and transferred in a timely manner to the general employees
4.23retirement fund before the effective date of this section are hereby validated.
4.24(b) Notwithstanding any provision of Minnesota Statutes, chapter 353, to the
4.25contrary, employee contributions deducted from employees of the Stevens County
4.26Housing and Redevelopment Authority described in paragraph (a) before the effective
4.27date of this section and associated employer contributions are valid assets of the general
4.28employees retirement fund and are not subject to refund or adjustment for erroneous
4.29receipt except as provided in Minnesota Statutes, section 353.32, subdivision 1 or 2;
4.30or 353.34, subdivisions 1 and 2.
4.31EFFECTIVE DATE.This section is effective the day following final enactment.
1.3and Redevelopment Authority are included in the Public Employees Retirement
1.4Association;amending Minnesota Statutes 2013 Supplement, section 353.01,
1.5subdivisions 2a, 6.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2013 Supplement, section 353.01, subdivision 2a,
1.8is amended to read:
1.9 Subd. 2a. Included employees; mandatory membership. (a) Public employees
1.10whose salary exceeds $425 in any month and who are not specifically excluded under
1.11subdivision 2b or who have not been provided an option to participate under subdivision
1.122d, whether individually or by action of the governmental subdivision, must participate as
1.13members of the association with retirement coverage by the general employees retirement
1.14plan under this chapter, the public employees police and fire retirement plan under this
1.15chapter, or the local government correctional employees retirement plan under chapter
1.16353E, whichever applies. Membership commences as a condition of their employment on
1.17the first day of their employment or on the first day that the eligibility criteria are met,
1.18whichever is later. Public employees include but are not limited to:
1.19(1) persons whose salary meets the threshold in this paragraph from employment in
1.20one or more positions within one governmental subdivision;
1.21(2) elected county sheriffs;
1.22(3) persons who are appointed, employed, or contracted to perform governmental
1.23functions that by law or local ordinance are required of a public officer, including, but
1.24not limited to:
1.25(i) town and city clerk or treasurer;
2.1(ii) county auditor, treasurer, or recorder;
2.2(iii) city manager as defined in section
2.3provided under subdivision 2d; or
2.4(iv) emergency management director, as provided under section
2.5(4) physicians under section
2.6employees defined contribution plan coverage under section
2.7(5) full-time employees of the Dakota County Agricultural Society;
2.8(6) employees of the Red Wing Port Authority who were first employed by the
2.9Red Wing Port Authority before May 1, 2011, and who are not excluded employees
2.10under subdivision 2b;
2.11(7) employees of the Seaway Port Authority of Duluth who are not excluded
2.12employees under subdivision 2b; and
2.13(8) employees of the Stevens County Housing and Redevelopment Authority who
2.14were first employed by the Stevens County Housing and Redevelopment Authority before
2.15May 1, 2014, and who are not excluded employees under subdivision 2b.
2.16 (b) A public employee or elected official who was a member of the association on
2.17June 30, 2002, based on employment that qualified for membership coverage by the public
2.18employees retirement plan or the public employees police and fire plan under this chapter,
2.19or the local government correctional employees retirement plan under chapter 353E as of
2.20June 30, 2002, retains that membership for the duration of the person's employment in that
2.21position or incumbency in elected office. Except as provided in subdivision 28, the person
2.22shall participate as a member until the employee or elected official terminates public
2.23employment under subdivision 11a or terminates membership under subdivision 11b.
2.24(c) If the salary of an included public employee is less than $425 in any subsequent
2.25month, the member retains membership eligibility.
2.26(d) For the purpose of participation in the MERF division of the general employees
2.27retirement plan, public employees include employees who were members of the former
2.28Minneapolis Employees Retirement Fund on June 29, 2010, and who participate as
2.29members of the MERF division of the association.
2.30EFFECTIVE DATE.This section is effective the day following final enactment.
2.31 Sec. 2. Minnesota Statutes 2013 Supplement, section 353.01, subdivision 6, is
2.32amended to read:
2.33 Subd. 6. Governmental subdivision. (a) "Governmental subdivision" means a
2.34county, city, town, school district within this state, or a department, unit or instrumentality
2.35of state or local government, or any public body established under state or local
3.1authority that has a governmental purpose, is under public control, is responsible for the
3.2employment and payment of the salaries of employees of the entity, and receives a major
3.3portion of its revenues from taxation, fees, assessments or from other public sources.
3.4 (b) Governmental subdivision also means the Public Employees Retirement
3.5Association, the League of Minnesota Cities, the Association of Metropolitan
3.6Municipalities, charter schools formed under section
3.7exercising retirement plan participation under section
3.8powers boards organized under section
3.9service collaboratives and children's mental health collaboratives organized under
3.10section
3.11the collaboratives are governmental units that otherwise qualify for retirement plan
3.12membership, public hospitals owned or operated by, or an integral part of, a governmental
3.13subdivision or governmental subdivisions, the Association of Minnesota Counties, the
3.14Minnesota Inter-county Association, the Minnesota Municipal Utilities Association, the
3.15Metropolitan Airports Commission, the University of Minnesota with respect to police
3.16officers covered by the public employees police and fire retirement plan, the Minneapolis
3.17Employees Retirement Fund for employment initially commenced after June 30, 1979, the
3.18Range Association of Municipalities and Schools, soil and water conservation districts,
3.19economic development authorities created or operating under sections
3.20the Port Authority of the city of St. Paul, the Seaway Port Authority of Duluth, the
3.21Red Wing Port Authority, the Stevens County Housing and Redevelopment Authority,
3.22 the Spring Lake Park Fire Department, incorporated, the Lake Johanna Volunteer Fire
3.23Department, incorporated, the Red Wing Environmental Learning Center, the Dakota
3.24County Agricultural Society, and Hennepin Healthcare System, Inc.
3.25 (c) Governmental subdivision does not mean any municipal housing and
3.26redevelopment authority organized under the provisions of sections
3.27
3.28organized under sections
3.29Paul or the Seaway Port Authority of Duluth and other than the Red Wing Port Authority;
3.30or any hospital district organized or reorganized prior to July 1, 1975, under sections
3.31to
3.32or children's mental health collaborative organized under sections
3.34 (d) A nonprofit corporation governed by chapter 317A or organized under Internal
3.35Revenue Code, section 501(c)(3), which is not covered by paragraph (a) or (b), is not a
3.36governmental subdivision unless the entity has obtained a written advisory opinion from
4.1the United States Department of Labor or a ruling from the Internal Revenue Service
4.2declaring the entity to be an instrumentality of the state so as to provide that any future
4.3contributions by the entity on behalf of its employees are contributions to a governmental
4.4plan within the meaning of Internal Revenue Code, section 414(d).
4.5 (e) A public body created by state or local authority may request membership on
4.6behalf of its employees by providing sufficient evidence that it meets the requirements in
4.7paragraph (a).
4.8 (f) An entity determined to be a governmental subdivision is subject to the reporting
4.9requirements of this chapter upon receipt of a written notice of eligibility from the
4.10association.
4.11EFFECTIVE DATE.This section is effective the day following final enactment.
4.12 Sec. 3. VALIDATION OF PAST RETIREMENT COVERAGE
4.13AND CONTRIBUTIONS FOR STEVENS COUNTY HOUSING AND
4.14REDEVELOPMENT AUTHORITY EMPLOYEES.
4.15(a) Retirement coverage by the general employees plan of the Public Employees
4.16Retirement Association, allowable service credit, and salary credit for employees of the
4.17Stevens County Housing and Redevelopment Authority who were so employed after
4.18November 7, 1984, and were first so employed before May 1, 2014, who had monthly
4.19salary in any month of at least $325 until June 30, 1988, and who had monthly salary in
4.20any month of at least $425 after June 30, 1988, who were not otherwise excluded under
4.21the applicable edition of Minnesota Statutes, section 353.01, subdivision 2b, and who had
4.22member deductions taken and transferred in a timely manner to the general employees
4.23retirement fund before the effective date of this section are hereby validated.
4.24(b) Notwithstanding any provision of Minnesota Statutes, chapter 353, to the
4.25contrary, employee contributions deducted from employees of the Stevens County
4.26Housing and Redevelopment Authority described in paragraph (a) before the effective
4.27date of this section and associated employer contributions are valid assets of the general
4.28employees retirement fund and are not subject to refund or adjustment for erroneous
4.29receipt except as provided in Minnesota Statutes, section 353.32, subdivision 1 or 2;
4.30or 353.34, subdivisions 1 and 2.
4.31EFFECTIVE DATE.This section is effective the day following final enactment.
